Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 6239

Making Proceedings, GC Docket No. 97–

113 (rel. April 6, 1998). Filings by paper 

can be sent by hand or messenger 

delivery, by commercial overnight 

courier, or by first-class or overnight 

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. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. U.S. Postal Service first-class 

mail, Express Mail, and Priority Mail 

should be addressed to 445 12th Street, 

SW., Washington, DC 20554. All filings 

must be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission, 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioner, or its counsel or consultant, 

as follows:

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–11, adopted January 16, 2004, and 

released January 22, 2004. The full text 

of this document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractor, 

Qualex International, Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202–

863–2893, facsimile 202–863–2898, or 

via-e-mail qualexint@aol.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 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 

Digital television broadcasting, 

Television.

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.

§ 73.622 [Amended] 

2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Kansas is amended by adding DTV 

channel *19 at Colby.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–2832 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–73; MB Docket No. 02–164, RM–

10476] 

Radio Broadcasting Services; 

Cimarron, NM

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule; dismissal.

SUMMARY: Sierra Grande Broadcasting 

filed a petition for rule making 

proposing the allotment of Channel 

236C2 at Cimarron, New Mexico, as the 

community’s first local aural 

transmission service. See 67 FR 47502, 

July 19, 2002. Petitioner subsequently 

filed an amendment requesting the 

allotment of Channel 296C1 in lieu of 

Channel 236C2 at Cimarron, New 

Mexico. The new proposal to allot 

Channel 296C1 at Cimarron conflicts 

with a pending petition to allot Channel 

296A at Las Vegas, New Mexico, and 

will be considered in the context of that 

proceeding. A showing of continuing 

interest is required before a channel will 

be allotted. It is the Commission’s 

policy to refrain from making an 

allotment to a community absent an 

expression of interest. Therefore, we 

will dismiss petitioner’s petition in the 

instant proceeding.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 02–164, 

adopted January 14, 2004, and released 

January 20, 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 contractors, Qualex 

International, Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–2834 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–72; MB Docket No. 04–12; RM–

10834] 

Radio Broadcasting Services; 

Littleville and Russellville, AL

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Clear Channel Broadcasting 

Licenses, Inc. requesting the reallotment 

of Channel 278A from Russellville, 

Alabama, to Littleville, Alabama, and 

modification of the license for Station 

WMXV to specify operation at 

Littleville. Channel 278A can be allotted 

to Littleville at coordinates 34–35–44 

and 87–40–47. In accordance with the 

provisions of § 1.420(i) of the 

Commission’s Rules, we shall not accept 

competing expressions of interest for the 

use of Channel 278A at Littleville.

DATES: Comments must be filed on or 

before March 8, 2004, and reply 

comments on or before March 23, 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’s counsel, as follows: Marissa 

G. Repp, Hogan & Hartson L.L.P., 555 

Thirteenth Street, NW., Washington, DC 

20004–1109.

6240 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 

1 In MM Docket No. 01–62, Station WKGL was 

ordered to specify operation on Channel 278A in 

lieu of Channel 249A at Russelville, Alabama. See 

Ardmore, AL et al., 17 FCC Rcd 16332. Station 

WKGL was granted a license (BMLH–

20030415ACF), which implemented this change.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

04–12, adopted January 14, 2004, and 

released January 20, 2004. The full text 

of this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street, SW, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractors, 

Qualex International, Portals II, 445 

12th Street, SW, Room CY–B402, 

Washington, DC 20554, telephone 202–

863–2893, or via e-mail 

qualexint@aol.com.

Provisions of the Regulatory 

Flexibility Act of l980 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 Alabama, is amended 

by adding Littleville, Channel 278A, 

and removing Russellville, Channel 

249A.1

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–2833 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17

Endangered and Threatened Wildlife 

and Plants; 90-day Finding for a 

Petition To List Cymopterus 

deserticola (Desert Cymopterus) as 

Endangered

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding for a petition to list 

Cymopterus deserticola (desert 

cymopterus) as endangered under the 

Endangered Species Act of 1973, as 

amended. We find that the petition does 

present substantial scientific or 

commercial information indicating that 

listing this species may be warranted. 

Therefore, with the publication of this 

notice, we are initiating a status review 

of the species, and will issue a 12-

month finding to determine if the 

petitioned action is warranted. To help 

ensure the review is comprehensive, we 

are soliciting information and data 

regarding this species.

DATES: The finding announced in this 

document was made on January 29, 

2004. To be considered in the 12-month 

finding for this petition, comments and 

information must be submitted to us by 

April 12, 2004.

ADDRESSES: Data, information, written 

comments and materials, or questions 

concerning this petition and finding 

must be submitted to the Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, CA 

93003. The petition finding and 

supporting information are available for 

public inspection, by appointment, 

during normal business hours at the 

above address.

FOR FURTHER INFORMATION CONTACT:

Field Supervisor, U.S. Fish and Wildlife 

Service, Ventura Fish and Wildlife 

Office, at the above ADDRESSES

(telephone 805/644–1766; facsimile 

805/644–3958).

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(A) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that the 

Service make a finding on whether a 

petition to list, delist, or reclassify a 

species presents substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

We are to base this finding on all 

information available to us at the time 

we make the finding. To the maximum 

extent practicable, this finding is to be 

made within 90 days of the receipt of 

the petition, and the finding is to be 

published promptly in the Federal 

Register. Our standard for substantial 

information within the Code of Federal 

Regulations (CFR) with regard to a 90-

day petition finding is ‘‘that amount of 

information that would lead a 

reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)). If the 

finding is that substantial information 

was presented, we are required to 

promptly commence a review of the 

status of the species, if one has not 

already been initiated under our 

internal candidate assessment process. 

Cymopterus deserticola became a 

candidate for listing in 1975. In 1993, 

the Service elevated the status of C. 

deserticola from a ‘‘C2’’ candidate to a 

‘‘C1’’ candidate. In 1995, C. deserticola

was returned to the ‘‘C2’’ category, 

citing reduced threats due to the 

development of the West Mojave Plan 

(BLM 2003). In 1996, the Service 

discontinued the recognition of ‘‘C2’’

candidates and henceforth referred to 

former ‘‘C1’’ candidates as ‘‘candidates’’

(61 FR 7457). 

On April 15, 2002, the Service 

received a petition, dated March 29, 

2002, from Ileene Anderson of the 

California Native Plant Society and 

Daniel Patterson of the Center for 

Biological Diversity, requesting that the 

Service list Cymopterus deserticola

(desert cymopterus) in the western 

Mojave Desert, California, as 

endangered pursuant to the Act, and to 

concurrently designate critical habitat. 

The petition requested endangered 

status because the petitioners assert very 

few C. deserticola remain in the western 

Mojave Desert, this species has suffered 

declines in recent years, and habitat 

destruction is ongoing and impending. 

In response to the petitioners’

requests to list Cymopterus deserticola,

we sent a letter to the petitioners on 

June 12, 2002, explaining that we would 

not be able to address their petition 

until fiscal year 2003. The reason for 

this delay was that court orders and 

settlement agreements required nearly