Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 60561

List of Subjects in 47 CFR Part 73 

Digital television broadcasting, 

Television.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—[AMENDED]

■ 1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Montana, is amended by removing DTV 

channel 15 and adding DTV channel 10 

at Glendive.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–22882 Filed 10–8–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–2146, MM Docket No. 01–135, RM–

10154, RM–10326, RM–10327] 

Radio Broadcasting Services; 

Bunkerville, Caliente, Laughlin, 

Logandale, NV; Mohave Valley, AZ; St. 

George, UT

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: This document grants a 

counterproposal to reallot and change 

the community of license for Station 

KZHK(FM), Channel 240C, St. George, 

UT, to Bunkerville, NV, and to upgrade, 

reallot, and change the community for 

Station KADD(FM) from Channel 228C1 

at Laughlin, NV to Channel 288C at 

Logandale, NV. The also document also 

dismisses a proposal to allot Channel 

291C2 at Caliente, NV, because neither 

the petitioner nor any other party filed 

a continuing expression of interest in 

the proposed allotment. Finally, the 

document dismisses a counterproposal 

to reallot and change the community of 

license for Station KPLD(FM), Channel 

266C, from Kanab to Moapa, UT. See 66 

FR 35768, July 9, 2001. See also

SUPPLEMENTARY INFORMATION.

DATES: Effective January 5, 2005.

FOR FURTHER INFORMATION CONTACT:

Andrew J. Rhodes, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket 01–135, adopted 

September 1, 2004, and released 

September 3, 2004. The full text of this 

decision is available for inspection and 

copying during normal business hours 

in the FCC’s Reference Information 

Center at Portals II, CY–A257, 445 12th 

Street, SW., Washington, DC. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will send a copy of the Report and 

Order in this proceeding in a report to 

be sent to Congress and the General 

Accounting Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

The reference coordinates for Channel 

240C at Bunkerville, NV, and Channel 

228C at Logandale, NV are 36–50–52 

and 114–28–37, are 36–50–52 and . To 

accommodate these reallotments, the 

document (1) substitutes Channel 229A 

for vacant Channel Channel 240A at 

Mohave Valley, AZ, at reference 

coordinates 34–55–40 and 114–35–51; 

and (2) substitutes Channel 291C2 for 

Channel 228C2 at St. George, UT, at 

reference coordinates 36–50–49 and 

113–29–28 and modifies the license for 

Station KSNN(FM) accordingly.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended 

by removing Channel 240A and adding 

Channel 229A at Mohave Valley.

■ 3. Section 73.202(b), the Table of FM 

Allotments under Nevada, is amended 

by adding Bunkerville, Channel 240C, by 

removing Channel 228C1 at Laughlin 

and adding Logandale, Channel 228C.

■ 4. Section 73.202(b), the Table of FM 

Allotments under Utah, is amended by 

removing Channel 240C at St. George.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–22841 Filed 10–8–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 01–146; RM–9966; FCC 04–

212] 

Rules and Policies for Applications 

and Licensing of Low Power 

Operations in the Private Land Mobile 

Radio 450–470 MHz Band

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; denial of petition for 

reconsideration. 

SUMMARY: In this document, the 

Commission addresses a petition for 

reconsideration of the Report and Order

in this proceeding filed by the American 

Association of Paging Carriers (AAPC). 

AAPC requests that the Commission 

prohibit the licensing of stations on 

frequencies (or channels) 12.5 kHz 

removed from eight specific part 90 

450–470 MHz band paging frequencies.

FOR FURTHER INFORMATION CONTACT: Scot 

Stone, Public Safety and Critical 

Infrastructure Division, Wireless 

Telecommunications Bureau, at (202) 

418–0680, or TTY (202) 418–7233.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

FCC 04–212, adopted on September 1, 

2004, and released on September 8, 

2004. The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by contacting 

Brian Millin at (202) 418–7426 or TTY 

(202) 418–7365 or at bmillin@fcc.gov. 

1. In the Order, the Commission 

concludes that to the extent that the 

AAPC petition requests these offset 

channels be eliminated it is untimely 

filed. The Report and Order did not 

establish these channels; they have been 

available for years. Also, eliminating 

these channels was not an issue 

squarely raised in the context of the 

proceeding. In addition, we note that 

the Commission previously addressed 

the issue of whether to extend part 22 

rules to reclassified part 90 services. A 

request to eliminate licensing of the 

subject eight offset channels would have 

been the proper subject of a 

reconsideration petition then or in the 

Reframing Report and Order when the

60562 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 

Commission decided to establish a new 

band plan for the PLMR 450–470 MHz 

band. Likewise, to the extent the AAPC 

petition indirectly challenges earlier 

Commission decisions it is also 

procedurally flawed because it is an 

impermissible collateral attack on final 

Commission decisions. 

2. Additionally, the Commission 

declined to conform rules applicable to 

part 90 and part 22 CMRS operations. 

I. Procedural Matters 

A. Paperwork Reduction Act 

3. The Order does not contain any 

new or modified information collection. 

B. Final Regulatory Flexibility Analysis 

4. As required by the Regulatory 

Flexibility Act (‘‘RFA’’) of 1980, as 

amended, an Initial Regulatory 

Flexibility Analysis (‘‘IRFA’’) was 

incorporated in the Notice of Proposed 

Rulemaking (‘‘NPRM’’). The FCC sought 

written public comment on the 

proposals in the NPRM, including 

comment on the IRFA. The present 

Final Regulatory Flexibility Analysis 

(‘‘FRFA’’) conforms to the RFA. 

II. Ordering Clauses 

4. Accordingly, it is ordered that, 

pursuant to the authority of Sections 4(i) 

and 303(r) of the Communications Act 

of 1934, as amended, 47 U.S.C. 154(i) 

and 303(r), and section 1.115 of the 

Commission’s Rules, 47 CFR 1.115, the 

petition for reconsideration filed by 

American Association of Paging Carriers 

is denied, and the proceeding is hereby 

terminated. 

5. The Commission will not send a 

copy of this Order pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the adopted rules 

are rules of particular applicability. The 

Commission declined to change rules 

adopted in a previous proceeding.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–22742 Filed 10–8–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary 

49 CFR Part 1 

[Docket OST–1999–6189] 

RIN 9991–AA44 

Definitions, Organization and 

Delegation of Powers and Duties

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This rule will implement the 

Services Acquisition Reform Act of 2003 

(SARA), which amended the Office of 

Federal Procurement Policy Act to 

require each agency head to designate a 

Chief Acquisition Officer (CAO). The 

Secretary of Transportation designated 

the Deputy Secretary as CAO and also 

designated the Assistant Secretary of 

Administration as Deputy CAO. This 

rule will ensure proper accountability 

and responsibility of acquisition 

functions within the Department of 

Transportation (DOT).

EFFECTIVE DATE: October 12, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Elaine Wheeler, Office of the Senior 

Procurement Executive, M–60, (202) 

366–4272, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590 or e-mail to 

Elaine.wheeler@ost.dot.gov.

SUPPLEMENTARY INFORMATION: This rule 

updates the Code of Federal Regulations 

(CFR) section that sets forth authority 

delegated from the Secretary of 

Transportation to other Departmental 

officials, including the Assistant 

Secretary for Administration. This rule 

aligns 49 CFR Part 1 with the Office of 

Federal Procurement Policy Act (41 

U.S.C. 414) (as amended by SARA, Pub. 

L. 108–136, Sect. 1421 (Nov. 24, 2003)). 

The Federal Acquisition Regulation 

(48 CFR Part 2) defines the agency head 

as, among others, a ‘‘chief official or 

assistant chief official of an executive 

agency’’ and the ‘‘Senior Procurement 

Executive’’ as the individual responsible 

for the management direction of the 

acquisition system of the executive 

agency. Accordingly, this rule delegates 

to the Assistant Secretary for 

Administration the ability to carry out 

the duties and responsibilities of agency 

head for Departmental procurement and 

re-delegates this authority to DOT’s 

Senior Procurement Executive. This 

authority excludes duties, 

responsibilities, and powers expressly 

reserved by statute or regulation. 

Section 1421 of SARA amended the 

Office of Federal Procurement Policy 

Act to require the designation of a Chief 

Acquisition Officer (CAO) by the head 

of each executive agency. This rule 

reflects the Secretary’s designation of 

the Deputy Secretary as DOT’s CAO and 

the Assistant Secretary for 

Administration as the Deputy CAO, 

with the authority to re-delegate any 

CAO function. This rule also reflects the 

re-delegation to the Senior Procurement 

Executive, who resides within the Office 

of the Assistant Secretary for 

Administration, the authority to carry 

out the functions of agency head for 

departmental procurement, and the 

authority to carry out the functions of 

CAO, except for those expressly 

reserved for the Deputy Secretary in his 

role as CAO. Finally, this rule will 

reflect the issuance of DOT Order 

1101.12B, dated May 17, 1999, which 

eliminated the Office of Acquisition and 

Grant Management, but retained the 

Senior Procurement Executive and some 

personnel. 

This rule does not impose substantive 

requirements; it simply updates the CFR 

to accurately reflect the statutory and 

organizational posture of the 

Department. The rule is ministerial in 

nature and relates only to Departmental 

management, procedure, and practice as 

it relates to the acquisition function. 

Therefore, the Department has 

determined that notice and comment are 

unnecessary and that the rule is exempt 

from prior notice and comment 

requirements under 5 U.S.C. 

553(b)(3)(A). These changes will not 

have substantive impact and the 

Department does not expect to receive 

substantive comments on the rule. 

Therefore, the Department finds that 

there is good cause under 5 U.S.C. 553 

(d)(3) to make this rule effective upon 

publication pursuant to 5 U.S.C. 

553(d)(2). 

Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures

The final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). There are no costs associated 

with this rule. 

B. Executive Order 13132 

This action has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132, dated August 4, 1999. This final 

rule does not have a substantial direct 

effect on, or sufficient federalism 

implications for, the States, nor would 

it limit the policymaking discretion of 

the States. Therefore, the consultation 

and funding requirements do not apply. 

C. Executive Order 13084 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose