Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 61615

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Graves, Hawaiian Natives, 

Historic preservation, Indians-claims, 

Museums, Reporting and recordkeeping 

requirements.

For the reasons stated in the 

preamble, the Department of the Interior 

proposes to amend 43 CFR subtitle A as 

follows:

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

1. The authority citation for part 10 

continues to read as follows:

Authority: 25 U.S.C. 3001 et seq.

2. Section 10.13 is added to read as 

follows:

§ 10.13 Future applicability. 

(a) General. This section sets forth the 

applicability of the Act to museums and 

Federal agencies after expiration of the 

statutory deadlines for completion of 

summaries and inventories. 

(b) New collections. (1) Any museum 

or Federal agency that, after completion 

of the summaries and inventories 

required pursuant to § 10.8 and § 10.9 of 

these regulations, receives a new 

collection or locates a previously 

unreported current collection that may 

include human remains, funerary 

objects, sacred objects or objects of 

cultural patrimony, must: 

(i) Within six months of receiving a 

new collection or locating a previously 

unreported current collection, provide a 

summary of the collection pursuant to 

§ 10.8 of these regulations to any Indian 

tribe or Native Hawaiian organization 

that is, or is likely to be, culturally 

affiliated with the collection; and 

(ii) Within two years of receiving a 

new collection or locating a previously 

unreported current collection, prepare, 

in consultation with any culturally 

affiliated Indian tribe or Native 

Hawaiian organization, an inventory 

pursuant to § 10.9 of these regulations. 

(2) Additional pieces or fragments of 

previously repatriated human remains, 

funerary objects, sacred objects and 

objects of cultural patrimony may be 

returned to the appropriate Indian tribe 

or Native Hawaiian organization 

without publication of a notice in the 

Federal Register, as otherwise required 

under § 10.8(f) and § 10.9(e), if they do 

not constitute a substantive change in 

the notice published at the time of the 

original repatriation. For example, 

repatriation of newly found sherds from 

a previously repatriated funerary bowl 

would not require a new Federal 

Register notice, while another 

previously unreported ceramic vessel 

from the same burial site would require 

a new Federal Register notice prior to 

repatriation. 

(c) New Indian tribes. (1) Any 

museum or Federal agency that has 

possession or control of human remains, 

funerary objects, sacred objects, or 

objects of cultural patrimony that are, or 

are likely to be, culturally affiliated with 

a previously non-Federally recognized 

Native American group, must: 

(i) Within six months of the 

publication in the Federal Register of 

the Native American group’s placement 

on the list of Indian Entities Recognized 

and Eligible to Receive Services from 

the United States Bureau of Indian 

Affairs, provide a summary of the 

collection pursuant to § 10.8 of these 

regulations to that Indian tribe; and 

(ii) Within two years of the 

publication in the Federal Register of 

the Native American group’s placement 

on the list of Indian Entities Recognized 

and Eligible to Receive Services from 

the United States Bureau of Indian 

Affairs, prepare, in consultation with 

the newly recognized culturally 

affiliated Indian tribe an inventory 

pursuant to § 10.9 of these regulations. 

(2) The list of Indian Entities 

Recognized and Eligible to Receive 

Services from the United States Bureau 

of Indian Affairs is published in the 

Federal Register pursuant to provisions 

of the Federally Recognized Indian 

Tribe List Act of 1994 [Pub. L. 103–454, 

108 Stat. 4791]. 

(d) New Federal funds. Any museum 

that has possession or control of human 

remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

and receives Federal funds for the first 

time after expiration of the statutory 

deadlines for completion of summaries 

and inventories must: 

(1) Within three years of the date of 

receipt of Federal funds, provide a 

summary of the collection pursuant to 

§ 10.8 of these regulations to any Indian 

tribe or Native Hawaiian organization 

that is, or is likely to be, culturally 

affiliated with the collections; and 

(2) Within five years of the date of 

receipt of Federal funds, prepare, in 

consultation with any culturally 

affiliated Indian tribe or Native 

Hawaiian organization, an inventory 

pursuant to § 10.9 of these regulations. 

(e) Amendment of previous decision.

(1) Any museum or Federal agency that 

has previously published a notice in the 

Federal Register regarding the intent to 

repatriate unassociated funerary objects, 

sacred objects, and objects of cultural 

patrimony pursuant to § 10.8(f), or the 

completion of an inventory of Native 

American human remains and 

associated funerary objects pursuant to 

§ 10.9(e), must publish an amendment 

to that notice if, based on subsequent 

information, the museum or Federal 

agency revises its decision in a way that 

changes the number or cultural 

affiliation of the cultural items listed. 

(2) Repatriation may not occur until at 

least thirty (30) days after publication of 

the amended notice in the Federal 

Register. 

(f) All actions taken pursuant to this 

section must also comply with all other 

relevant sections of 43 CFR 10.

Dated: September 24, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–23179 Filed 10–19–04; 8:45 am] 

BILLING CODE 4310–70–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3172; MB Docket No. 04–388, RM–

11089; MB Docket No. 04–389, RM–11090; 

MB Docket No. 04–390, RM–11091; MB 

Docket No. 04–391, RM–11092] 

Radio Broadcasting Services; Blythe, 

CA; Boyce, LA; Celoron, NY; and 

Wells, TX

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document sets forth four 

proposals to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Commission requests comment on 

a petition filed by Linda A. Davidson. 

Petitioner proposes the allotment of 

Channel 239B at Blythe, California, as a 

second local FM allotment. Channel 

239B can be allotted at Blythe in 

compliance with the Commission’s 

minimum distance separation 

requirements without site restriction at 

center city coordinates. The proposed 

coordinates for Channel 239B at Blythe 

are 33–37–02 North Latitude and 114–

35–20 West Longitude. The proposed 

allotment is located within 320 

kilometers (199 miles) of the United 

States-Mexico border, so it will be 

necessary to obtain concurrence in the 

allotment from the Government of 

Mexico. See Supplementary Information 

infra.

DATES: Comments must be filed on or 

before November 29, 2004, and reply 

comments on or before December 14, 

2004.

61616 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

petitioners as follows: Linda A. 

Davidson, 2134 Oak Street, Unit C, 

Santa Monica, California 90405; Charles 

Crawford, 4553 Bordeaux Avenue, 

Dallas, Texas 75205; and Dana J. 

Puopolo, 2134 Oak Street, Unit C, Santa 

Monica, California 90405.

FOR FURTHER INFORMATION CONTACT:

Deborah A. Dupont, Media Bureau (202) 

418–7072.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket Nos. 

04–388, 04–389, 04–390, 04–391, 

adopted October 6, 2004, and released 

October 8, 2004. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC. 

The complete text of this decision may 

also be purchased from the 

Commission’s copy contractor, Best 

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

SW., Room CY–B402, Washington, DC, 

20554, (800) 378–3160, or via the 

company’s Web site, http://

www.bcpiweb.com.

The Commission further requests 

comment on a petition filed by Charles 

Crawford. Petitioner proposes the 

allotment of Channel 222A at Boyce, 

Louisiana, as a second local FM 

allotment. Channel 222A can be allotted 

at Boyce in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 12.9 kilometers (8.0 miles) 

southwest of Boyce. The proposed 

coordinates for Channel 222A at Boyce 

are 31–18–54 North Latitude and 92–

46–22 West Longitude. 

The Commission further requests 

comment on a petition filed by Dana J. 

Puopolo. Petitioner proposes the 

allotment of Channel 237A at Celoron, 

New York, as a first local FM allotment. 

Channel 237A can be allotted at Celoron 

in compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

0.4 kilometers (0.2 miles) southeast of 

Celoron. The proposed coordinates for 

Channel 237A at Celoron are 42–06–24 

North Latitude and 79–16–53 West 

Longitude. The proposed allotment is 

located within 320 kilometers (199 

miles) of the United States-Canada 

border, so it will be necessary to obtain 

concurrence in the allotment from the 

Government of Canada. 

The Commission further requests 

comment on a petition filed by Charles 

Crawford. Petitioner proposes the 

allotment of Channel 254A at Wells, 

Texas, as a second local FM allotment. 

Channel 254A can be allotted at Wells 

in compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

1.6 kilometers (1.0 miles) west of Wells. 

The proposed coordinates for Channel 

254A at Wells are 31–29–35 North 

Latitude and 94–57–20 West Longitude. 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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 California, is 

amended by adding Channel 239B at 

Blythe. 

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

Allotments under Louisiana, is 

amended by adding Channel 222A at 

Boyce. 

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

Allotments under New York, is 

amended by adding Celoron, Channel 

237A. 

5. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding Channel 254A at Wells.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–23457 Filed 10–19–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3174, MB Docket No. 04–386, RM–

10817] 

Radio Broadcasting Services; Leesville 

and New Llano, LA

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests 

comments on a Petition for Rule Making 

filed by Charles Crawford requesting the 

allotment of Channel 252C3 at New 

Llano, Louisiana, as the community’s 

first local aural transmission service. 

Channel 252C3 can be allotted to New 

Llano in compliance with the 

Commission’s rules provided there is a 

site restriction of 10 kilometers (6.2 

miles) north of New Llano. The 

proposed reference coordinates for 

Channel 252C3 at New Llano are 31–12–

18 North Latitude and 93–16–11 West 

Longitude. To accommodate this 

allotment, this document also proposes 

the substitution of Channel 224A for 

vacant FM Channel 252A at Leesville, 

Louisiana. Channel 224A can also be 

allotted to Leesville in compliance with 

the Commission’s rules provided there 

is a site restriction of 12.6 kilometers 

(7.8 miles) east of Leesville. The 

proposed reference coordinates for 

Channel 224A at Leesville are 31–07–40 

North Latitude and 93–08–03 West 

Longitude. Channel 224A at Leesville is 

currently listed in the FM Table of 

Allotments, however, that channel was 

substituted for Channel 228C3 at 

Leesville in MM Docket No. 98–191, 

and the license of Station KJAE(FM) was 

modified accordingly. See Leesville, 

Louisiana, 64 FR 31140, published June 

10, 1999.

DATES: Comments must be filed on or 

before November 29, 2004, and reply 

comments on or before October 8, 2004.

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioner, as follows: Charles Crawford, 

4553 Bordeaux Avenue, Dallas, Texas 

75205.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–386, adopted October 6, 2004, and 

released October 8, 2004. The full text