67880 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Proposed Rules 

the R stock. Subsequently, Z purchases 60 

percent of the stock of R from X. 

(ii) Analysis. Under paragraph (c) of this 

section, R is a successor of C because after 

the distribution C transfers property to R in 

a transaction to which section 381 applies. 

Accordingly, Z acquired an interest in a 

successor of C. In addition, under paragraph 

(d)(3)(ii) of this section, the stock of R is 

treated as stock of C such that Z is treated 

as acquiring 60 percent of the voting power 

and value of C. 

(iii) If the distribution and Z’s acquisition 

of a 60-percent interest in R were part of a 

plan, D would be required to recognize gain 

in the amount of $20x, the amount described 

in section 355(c)(2). 

(h) Effective date. This section applies to 

distributions occurring after the date these 

regulations are published as final regulations 

in the Federal Register.

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement.

[FR Doc. 04–25649 Filed 11–19–04; 8:45 am] 

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[OR–04–002; FRL–7835–3] 

Approval and Promulgation of State 

Implementation Plans; Oregon

AGENCY: Environmental Protection 

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve 

numerous revisions to the Oregon State 

Implementation Plan (SIP) in the State 

of Oregon Administrative Rules (OAR) 

relating to the inspection and 

maintenance (I/M) of motor vehicles. 

These revisions were submitted to EPA 

by the Director of the Oregon 

Department of Environmental Quality 

(ODEQ) on November 5, 1999, 

September 15, 2000, November 27, 

2000, January 10, 2003, and April 22, 

2004. 

The revisions were submitted in 

accordance with the requirements of 

section 110 of the Clean Air Act 

(hereinafter CAA or Act).

DATES: Written comments must be 

received on or before December 22, 

2004.

ADDRESSES: Comments may be mailed 

to: Wayne Elson, Environmental 

Protection Agency, Office of Air, Waste, 

and Toxics (OAWT–107), EPA, 1200 

Sixth Avenue, Seattle, Washington 

98101. Comments may also be 

submitted electronically or through 

hand delivery/courier. Please follow the 

detailed instructions in the ADDRESSES

section of the Direct Final Rule which 

is located in the Rules section of this 

Federal Register. To submit comments, 

please follow the detailed instructions 

described in the Direct Final Rule, 

SUPPLEMENTARY INFORMATION section, 

Part I, General Information. 

Copies of the State’s request and other 

information supporting this action are 

available for inspection during normal 

business hours at the following location: 

EPA, Office of Air, Waste, and Toxics 

(AWT–107), 1200 Sixth Avenue, Seattle, 

Washington 98101.

FOR FURTHER INFORMATION CONTACT:

Wayne Elson, Office of Air, Waste, and 

Toxics (AWT–107), EPA, Seattle, 

Washington 98101, (206) 553–1463.

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, the EPA is approving the 

State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. 

If the EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. The EPA will not 

institute a second comment period. Any 

parties interested in commenting on this 

action should do so at this time. Please 

note that if we receive adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

Direct Final rule which is located in the 

Rules section of this Federal Register.

Dated: October 26, 2004. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10.

[FR Doc. 04–25628 Filed 11–19–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

43 CFR Part 2530 

[WO–350–1430–PF–24 1A] 

RIN 1004–AB10 

Indian Allotments

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Proposed rule; withdrawal.

SUMMARY: The Bureau of Land 

Management (BLM) is withdrawing the 

proposed rule that would have revised 

the regulations for Indian allotments to 

reduce the regulatory burden imposed 

on the public, to streamline and clarify 

the existing regulations and to remove 

redundant and unnecessary 

requirements. The proposal was 

published in the Federal Register on 

October 16, 1996. We reopened the 

comment period in the Federal Register

on July 15, 1999 for 60 days.

FOR FURTHER INFORMATION CONTACT: You 

may contact Jeff Holdren, Lands and 

Realty Group, on (202) 452–7779 

(Commercial or FTS). Persons who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339, 24 hours a day, seven 

days a week, except holidays, to contact 

Mr. Holdren.

SUPPLEMENTARY INFORMATION: The BLM 

published the proposed rule in the 

Federal Register on October 16, 1996 

(61 FR 53887). We reopened the 

comment period in the Federal Register

on July 15, 1999 (64 FR 38172) for 60-

days because we inadvertently omitted 

the information collection requirements. 

We received three comments. The BLM 

decided to withdraw the proposed rule 

and will take no further action on this 

proposal regarding Indian allotments.

Dated: September 24, 2004. 

Chad Calvert, 

Acting Assistant Secretary, Land and 

Minerals Management.

[FR Doc. 04–25766 Filed 11–19–04; 8:45 am] 

BILLING CODE 4310–84–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 22, 24, 74, 78, and 90 

[WT Docket No. 02–55; FCC 04–253] 

The 800 MHz Public Safety Interference 

Proceeding; Request for Comments on 

Ex Parte Presentations and Extension 

of Deadlines

AGENCY: Federal Communications 

Commission.

ACTION: Request for comments.

SUMMARY: Subsequent to release of the 

800 MHz Report and Order in the Public 

Safety Interference Proceeding on 

August 6, 2004, Nextel 

Communications, Inc. and others filed 

ex parte presentations in the rulemaking 

proceeding. Nextel sought clarification 

and/or modification of certain aspects of 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Proposed Rules 67881

the Commission’s final rules released on 

August 6, 2004, and published in the 

Rules and Regulations section in this 

issue. Nextel also filed a supplementary 

ex parte submission providing 

additional detail on the issues it raised 

in its September 16, 2004, ex parte

presentation. Other parties have filed ex 

parte presentations in response to 

Nextel’s ex parte filings. The 

Commission requests comments limited 

to these filings.

DATES: Submit comments on or before 

December 2, 2004. The Commission is 

not requesting reply comments.

ADDRESSES: All filings must be 

addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., Suite 

TW–A325, Washington, DC 20554. One 

(1) courtesy copy must be delivered to 

Roberto Mussenden, Esq. at Federal 

Communications Commission, Wireless 

Telecommunications Bureau, Public 

Safety and Critical Infrastructure 

Division, 445 12th Street, SW., Suite 5–

C140, Washington, DC 20554, or via email, roberto.mussenden@fcc.gov, and 

one (1) copy must be sent to Best Copy 

and Printing, Inc., Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160, or via Web, http://

www.bcpiweb.com.

FOR FURTHER INFORMATION CONTACT:

Roberto Mussenden, Esq., Public Safety 

and Critical Infrastructure Division, 

Wireless Telecommunications Bureau at 

(202) 418–0680.

SUPPLEMENTARY INFORMATION: This is a 

summary of a Public Notice released on 

October 22, 2004 by the Federal 

Communications Commission 

requesting comments on certain ex parte

submissions filed subsequent to release 

of said Report and Order and extending 

certain deadlines set forth in the 800 

MHz Report and Order.

1. In order to develop a full and 

complete record and to further the 

effective implementation of the 800 

MHz band reconfiguration process, the 

Commission seeks expedited comment 

on the issues raised in certain ex parte

presentations submitted after release of 

the 800 MHz Report and Order on 

August 6, 2004. Said issues include the 

mechanics of the relocation process, 

valuation of the spectrum, and 

interference issues. The Commission is 

not accepting comment at this time on 

filings that address the freeze on 900 

MHz applications. The Commission is 

waiving the reply comment cycle 

required pursuant to 47 CFR 1.415(c) for 

good cause, because expedited 

consideration of these issues is 

important to avoid uncertainty in the 

implementation of the 800 MHz band 

reconfiguration process and to avoid 

further delaying resolution of the 

problems of unacceptable interference 

affecting public safety licensees in this 

band. In addition, in order to avoid 

uncertainty for Nextel and other 800 

MHz licensees, we believe it is 

appropriate to provide certain parties 

additional time to comply with certain 

benchmarks set forth in the 800 MHz 

Report and Order, which is published in 

the Rules and Regulations section of this 

issue. Additional information regarding 

this deadline extension is published in 

the Rules and Regulations section of this 

issue.

3. This matter shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules, 47 CFR 1.1200, 1.1206. 

Persons making oral ex parte

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented generally is 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclose proceedings are set forth in 

section 1.1206(b) of the Commission’s 

rules, 47 CFR 1.1206(b). 

4. Interested parties may view the 

referenced ex parte filings on the 

Commission’s Electronic Comment 

Filing System (ECFS) using the 

following steps: (i) Access ECFS at 

http://www.fcc.gov/e-file/ecfs.html; (ii) 

in the introductory screen, click on 

‘‘Search for Filed Comments’; (iii) in the 

‘‘Proceeding’’ box, enter ‘‘02–55’’; (iv) 

check the box marked ‘‘Search by Date 

Range; (v) in the ‘‘Date received/

adopted’’ block, in the ‘‘From’’ column, 

enter 07/08/2004; (vi) in the ‘‘To’’

column enter the date this notice is 

published in the Federal Register in the 

format MM/DD/YYYY. 

5. Commenters may file comments 

using the Commission’s Electronic 

Comment Filing System (ECFS) or by 

filing paper copies. See Electronic Filing 

of Documents in Rulemaking 

Proceedings, 63 FR 24121 (1998). 

Commenters filing through the ECFS 

can be sent as an electronic file via the 

Internet to http://www.fcc.gov/e-file/

ecfs.html. Generally, commenters must 

submit only one copy of an electronic 

submission. If multiple docket or 

rulemaking numbers appear in the 

caption of this proceeding, however, 

commenters must transmit one 

electronic copy of the comments to each 

docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

number. Commenters may also submit 

an electronic comment by Internet email. To get filing instructions for e-mail 

comments, commenters should send an 

e-mail to ecfs@fcc.gov and should 

include the following words in the body 

of the message, ‘‘get form <your e-mail 

address>.’’ Commenters will receive a 

sample form and directions in reply. 

6. Parties that choose to file by paper 

must file an original and four copies of 

each filing. If more than one docket or 

rulemaking number appears in the 

caption of this proceeding, commenters 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

7. Commenters may send filings by 

hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). The 

Commission’s contractor, Natek, Inc., 

will receive hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. 

Commenters must bind all hand 

deliveries together with rubber bands or 

fasteners and must dispose of any 

envelopes before entering the building. 

This facility is the only location where 

the Commission’s Secretary will accept 

hand-delivered or messenger-delivered 

paper filings. Commenters must send 

commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. 

Commenters should address U.S. Postal 

Service first-class mail, Express Mail, 

and Priority Mail to 445 12th Street, 

SW., Washington, DC 20554. 

8. Filings and comments are also 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

They may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160, or via Web, http://

www.bcpiweb.com.

67882 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Proposed Rules 

Federal Communications Commission. 

D’wana R. Terry, 

Chief of Staff, Wireless Telecommunications 

Bureau, Federal Communications 

Commission.

[FR Doc. 04–25261 Filed 11–19–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3513; MB Docket No. 04–411, RM–

11096] 

Radio Broadcasting Services; 

Georgetown, Mason, and Oxford, OH, 

Salt Lick, KY and West Union, OH

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: The Audio Division requests 

comment on a petition jointly filed by 

Balogh Broadcasting Company, Inc., 

licensee of Station WOXY(FM), Channel 

249A, Oxford, Ohio, Richard L. 

Plessinger, Sr., licensee of Station 

WAXZ(FM), Channel 249A, 

Georgetown, Ohio, and Dreamcatcher 

Communications, Inc., licensee of 

Station WRAC(FM), Channel 276A, 

West Union, Ohio requesting the 

reallotment of Channel 249A from 

Oxford to Mason, Ohio, as its first local 

service and modification of the Station 

WOXY(FM) license, reallotment of 

Channel 249A from Georgetown, Ohio 

to Salt Lick, Kentucky, as its first local 

service and modification of the Station 

WAXZ(FM) license, and reallotment of 

Channel 276A from West Union to 

Georgetown, Ohio to prevent removal of 

sole existing local service and 

modification of the Station WRAC(FM) 

license. Channel 249A can be allotted to 

Mason in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 9.4 kilometers (5.8 miles) 

east of Mason. The proposed reference 

coordinates for Channel 249A at Mason 

are 39–20–57 NL and 84–12–08 WL. 

Channel 249A can also be allotted to 

Salt Lick in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 6.6 kilometers (4.1 miles) 

northeast of Salt Lick. The proposed 

reference coordinates for Channel 249A 

at Salt Lick are 38–10–15 NL and 83–

34–31 WL. Channel 276A can also be 

allotted to Georgetown in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 12.1 kilometers (7.5 

miles) east of Georgetown. The 

proposed reference coordinates for 

Channel 276A at Georgetown are 38–

52–14 NL and 83–45–55 WL.

DATES: Comments must be filed on or 

before December 27, 2004, and reply 

comments on or before January 11, 

2005.

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, his counsel, or consultant, as 

follows: Mark N. Lipp, Esq., Counsel, 

Richard L. Plessinger, Sr., Scott 

Woodworth Vinson & Elkins, LLP, 1455 

Pennsylvania Avenue, NW., Suite 600, 

Washington, DC 20004, Harry C. Martin, 

Esq., Counsel, Balogh Broadcasting 

Company, Inc., Fletcher Heald & 

Hildreth , PLC, 1300 North 17th Street, 

11th Floor, Arlington, VA 22209, Coe 

W. Ramsey, Esq., Counsel, 

Dreamcatcher Communications, Inc., 

Brooks Pierce McLendon Humphrey & 

Leonard, LLP, P.O. Box 1800, Raleigh, 

NC 27602.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–411, adopted November 3, 2004, and 

released November 5, 2004. The full text 

of this Commission decision is available 

for inspection and copying during 

regular business hours at the FCC’s 

Reference Information Center, Portals II, 

445 Twelfth Street, SW., Room CY–

A257, Washington, DC 20554. 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, 

20054, telephone 1–800–378–3160 or 

http://www.BCPIWEB.com. 

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 contact. 

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 Kentucky, is amended 

by adding Salt Lick, Channel 249A. 

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

Allotments under Ohio, is amended by 

removing Channel 249A and by adding 

Channel 276A at Georgetown, by adding 

Mason, Channel 249A, by removing 

Oxford, Channel 249A, by removing 

West Union, Channel 276A.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–25807 Filed 11–19–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3512; MB Docket No. 04–407, RM–

11106; MB Docket No. 04–408, RM–11107; 

MB Docket No. 04–409, RM–11108; MB 

Docket No. 04–410, RM–11109] 

Radio Broadcasting Services; Bertram, 

TX; Hawley, TX; Port Norris, NJ; 

Woodson, TX

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes four 

new FM broadcast allotments in 

Bertram, Texas; Hawley, Texas; Port 

Norris, New Jersey; Woodson, Texas. 

The Audio Division, Media Bureau, 

requests comment on a petition filed by 

Charles Crawford, proposing the 

allotment of Channel 284A at Bertram, 

Texas, as the community’s first local 

aural transmission service. Channel 

284A can be allotted to Bertram in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

11.7 kilometers (7.2 miles) north of the 

community. The reference coordinates 

for Channel 284A at Bertram are 30–50–

26 NL and 98–05–45 WL. See

SUPPLEMENTARY INFORMATION, infra.

DATES: Comments must be filed on or 

before December 27, 2004, and reply