59146 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

DATES: Effective on October 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Jennifer Mock, Broadband Division, 

Wireless Telecommunications Bureau at 

(202) 418–2487.

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

published in the Federal Register final 

rules, 67 FR 43031, June 26, 2002, in the 

above captioned proceeding 

(Memorandum Opinion and Order and 

Second Report and Order). The instant 

document corrects an error in a note to 

section 101.1412. 

Procedural Matters 

Any impact as defined by the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, the 

Congressional Review Act (CRA), and 

the Regulatory Flexibility Act of 1980, 

as amended (RFA) was addressed at the 

time of adoption and release of the 

Memorandum Opinion and Order and 

Second Report and Order, FCC 02–116, 

adopted on April 11, 2002, and released 

on May 23, 2003, 67 FR 43031, June 26, 

2002. Therefore, the PRA, CRA and RFA 

requirements have already been fulfilled 

for these rules.

List of Subjects in 47 CFR Part 101 

Communications common carriers, 

Communications equipment, Radio.

Federal Communications Commission. 

Peter J. Daronco, 

Assistant Chief, Broadband Division Wireless 

Telecommunications Bureau.

■ Accordingly, 47 CFR part 101 is 

corrected by making the following 

correcting amendments:

PART 101—FIXED MICROWAVE 

SERVICES

■ 1. The authority citation for part 101 

continues to read as follows:

Authority: 47 U.S.C. 154, 303.

■ 2. Section 101.1412 is amended by 

removing the Note immediately 

following paragraph (f)(6) and by adding 

a Note immediately following paragraph 

(g)(6) to read as follows:

§ 101.1412 MVDDS eligibility restrictions 

for cable operators.

* * * * *

(g) * * * 

(6) * * *

Note to § 101.1412: Waivers of 

§ 101.1412(f) may be granted upon an 

affirmative showing: 

(a) That the interest holder has less than a 

fifty percent voting interest in the licensee 

and there is an unaffiliated single holder of 

a fifty percent or greater voting interest; 

(b) That the interest holder is not likely to 

affect the local market in an anticompetitive 

manner; 

(c) That the interest holder is not involved 

in the operations of the licensee and does not 

have the ability to influence the licensee on 

a regular basis; and 

(d) That grant of a waiver is in the public 

interest because the benefits to the public of 

common ownership outweigh any potential 

anticompetitive harm to the market.

[FR Doc. 04–22226 Filed 10–1–04; 8:45 am] 

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket NHTSA–03–15351] 

RIN 2127–AI34 

Federal Motor Vehicle Safety 

Standards; Child Restraint Systems; 

Correction

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation.

ACTION: Correcting amendments.

SUMMARY: This document corrects a 

final rule (Docket NHTSA–03–15351) 

that was published Tuesday, June 24, 

2003 (68 FR 37620). The rule updated 

test procedures in Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

213, ‘‘Child Restraint Systems,’’ and 

expanded the standard to restraints for 

children weighing up to 65 pounds.

DATES: Effective October 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Deirdre Fujita, Office of the Chief 

Counsel, NHTSA, telephone 202–366–

2992; fax 202–366–3820, 400 Seventh 

St., SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The final 

rule that is the subject of this correction 

amended Federal Motor Vehicle Safety 

Standard No. 213, Child Restraint 

Systems (49 CFR 571.213) to update the 

procedures used to test child restraint 

systems. 

Need for Correction 

As published, the final rule contains 

two minor errors that the agency wants 

to correct to ensure the clarity of the 

standard. First, there are two paragraphs 

designed (ii) in S6.1.1(a)(1). The first 

such paragraph should be changed to (i). 

Second, paragraph (e) of S7.1.1 should 

be removed. S7.1.1 sets forth 

requirements that apply to child 

restraints manufactured before August 

1, 2005. Paragraph (e) relates to child 

restraints manufactured on or after 

August 1, 2005 and thus does not belong 

in S7.1.1.

List of Subjects in 49 CFR Part 571 

Imports, Incorporation by reference, 

Motor vehicle safety, Reporting and 

recordkeeping requirements, Tires.

■ In consideration of the foregoing, 

NHTSA amends 49 CFR Chapter V as set 

forth below.

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS

■ 1. The authority citation for Part 571 

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115, 

30117 and 30166; delegation of authority at 

49 CFR 1.50.

■ 2. Correct § 571.213 as follows:

■ a. S6.1.1(a)(1) is revised to read as set 

forth below.

■ b. In S7.1.1, paragraph (e) is removed.

§ 571.213 Standard No. 213; Child restraint 

systems.

* * * * *

S6.1.1 Test conditions. 

(a) Test devices. 

(1) Add-on child restraints. 

(i) The test device for add-on restraint 

systems manufactured before August 1, 

2005 is a standard seat assembly 

consisting of a simulated vehicle bench 

seat, with three seating positions, which 

is described in Drawing Package SAS–

100–1000 with Addendum A: Seat Base 

Weldment (consisting of drawings and a 

bill of materials), dated October 23, 

1998 (incorporated by reference in 

§ 571.5). The assembly is mounted on a 

dynamic test platform so that the center 

SORL of the seat is parallel to the 

direction of the test platform travel and 

so that movement between the base of 

the assembly and the platform is 

prevented. 

(ii) The test device for add-on 

restraint systems manufactured on or 

after August 1, 2005 is a standard seat 

assembly consisting of a simulated 

vehicle bench seat, with three seating 

positions, which is depicted in Drawing 

Package, ‘‘NHTSA Standard Seat 

Assembly; FMVSS No. 213, No. 

NHTSA–213–2003,’’ (consisting of 

drawings and a bill of materials) dated 

June 3, 2003 (incorporated by reference; 

see § 571.5). The assembly is mounted 

on a dynamic test platform so that the 

center SORL of the seat is parallel to the 

direction of the test platform travel and 

so that movement between the base of 

the assembly and the platform is 

prevented.

* * * * *

Issued on September 28, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–22279 Filed 10–1–04; 8:45 am] 

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