Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Proposed Rules 30555

Special Flight Permits

(c) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on May 8,

2000.

Vi L. Lipski,

Acting Manager,, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–11952 Filed 5–11–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

International Trade Administration

DEPARTMENT OF THE TREASURY

Customs Service

15 CFR Part 301

[Docket No. 000331091–0091–01]

RIN 0625–AA47

Proposed Changes in Procedures for

Florence Agreement Program

AGENCIES: Import Administration,

International Trade Administration,

Department of Commerce; U.S. Customs

Service, Department of the Treasury.

ACTION: Proposed rule and request for

comments.

SUMMARY: This action invites public

comment on a proposal to amend the

regulations which govern duty-free

entry of scientific instruments and

apparatus, by educational and nonprofit

institutions, into the United States. The

amendments are being proposed for the

purposes of making the technical

changes required by the passage of the

Omnibus Trade and Competitiveness

Act of 1988 and by passage of the

Miscellaneous Trade and Technical

Corrections Act of 1999; updating the

regulations by specifying the correct

court of review, taking into account

terminological changes in the scientific

community, and by extending the

waiver for repair components to

maintenance tools as well; and

simplifying and clarifying the

regulations for the using community by

clarifying the commercial use

provisions and removing redundant

requirements, adding information about

procedures for obtaining duty refunds,

reducing the number of copies required

for resubmissions and permitting

performance data obtained in tests or

trials as evidence of guaranteed

specifications.

DATES: Written comments must be

received on or before June 12, 2000.

ADDRESSES: Address written comments

to Gerald Zerdy, Program Manager,

Statutory Import Programs Staff, Room

4211, U.S. Department of Commerce,

Washington D.C. 20230.

FOR FURTHER INFORMATION CONTACT:

Gerald Zerdy, (202) 482–1660, same

address as above.

SUPPLEMENTARY INFORMATION: The

Departments of Commerce and the

Treasury are proposing to amend Part

301, Chapter III, Subtitle B of Title 15

of the Code of Federal Regulations

relating to their responsibilities under

the Educational, Scientific, and Cultural

Materials Importation Act of 1966 (the

‘‘Act’’; Pub. L. 89–651; 80 Stat. 897).

The proposed rule would make the

necessary technical changes to reflect

the conversion from the Tariff Schedule

of the United States (TSUS) to the

Harmonized Tariff Schedule of the

United States (HTSUS); and the

modification made by Proclamation

5978 of May 12, 1989, which was issued

pursuant to sections 1121 and 1204 of

the Omnibus Trade and

Competitiveness Act of 1988 (Pub. L.

100–418) and section 604 of the Trade

Act of 1974 (Pub. L. 93–618), as

amended; and the statutory amendment

made by section 2402 of the

Miscellaneous Trade and Technical

Corrections Act of 1999 (Pub. L. 106–

36). The proposed rule would also make

editorial and administrative changes,

including updating terminology.

Specifically, we propose amending

§ 301.2(h) to provide further information

about the entry of accessories for

existing instruments.

We propose amending paragraph (r) of

§ 301.2 to permit performance data

obtained from a trial or test run of an

instrument, under conditions specified

by the applicant, to be used as evidence

for a guaranteed specification since this

is sometimes stipulated as a condition

for purchase or provides the basis for

selecting one instrument over another.

In the past, applicants have regularly

cited such ad hoc performance data to

support their justification for duty

exemption.

We propose removing the language in

§ 301.4(a)(1) that refers to specific

documentation Customs may require to

establish the applicant’s nonprofit or tax

exempt status. The proposed revision

leaves the method of this determination

to the discretion of Customs.

We propose amending § 301.4(a)(3) to

further emphasize that an applicant may

not participate in the development and

evaluation of an instrument, beyond

routine acceptance testing and

calibration, if substantial benefits accrue

to the manufacturer as a result of such

participation for which the applicant

receives a valuable consideration. The

purpose of this change is to clarify the

conditions of compliance with the

statutory prohibition of commercial use

within five years of entry (see

§ 301.1(c)(1)).

We propose amending § 301.5(a)(1) by

making copies of applications available

for public inspection within five days of

receipt from Customs instead of the ten

days currently specified in the

regulations. This amendment would

bring the rule into accord with

established practice.

The proposed rule would eliminate

§ 301.5(a)(7), which relates to the

routine sending of copies of

applications to interested domestic

manufacturers. Use of this service has

been extremely limited. While the

routine provision of copies would be

eliminated, we would continue to

provide copies on a case-by-case basis if

requested.

We propose amending § 301.5(c)(3) by

removing language requesting

consultants to provide advice within 30

days. Routine interagency procedures

do not require codification. ‘‘National

Bureau of Standards’’ would be replaced

by ‘‘National Institute of Standards and

Technology.’’

We propose to reduce the paperwork

burden on applicants by amending

§ 301.5(e)(3) to permit resubmissions by

facsimile, e-mail or other electronic

means in addition to posted mail, and

to permit resubmissions with an original

copy only instead of in quadruplicate.

We also propose amending § 301.5(e)(5)

to conform with this change.

We propose to eliminate § 301.5(e)(9),

which provides for comment by

interested parties on resubmitted

applications. Interested parties are

afforded ample opportunity to comment

on the original applications. Also,

applicants are not permitted to

introduce new purposes or other

material changes in a resubmission.

Accordingly, no useful purpose is

served by the existing procedure.

We propose to amend § 301.8(d) to

inform the applicant that estimated

duties levied by U.S. Customs at the

time of entry may be refundable, and to

instruct the applicant to contact

Customs at the port of entry for

information and claims status.

Presidential Proclamation 5978 of

May 12, 1989, issued pursuant to

sections 1121 and 1204 of the Omnibus

Trade and Competitiveness Act of 1988

and section 604 of the Trade Act of

1974, as amended, added maintenance

tools for scientific instruments to the list

30556 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Proposed Rules

of items eligible for duty-free import

under the Act. Accordingly, we propose

amending § 301.10 (a) to add

maintenance tools to the scope of the

waiver already in place for repair tools.

Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., the

Chief Counsel for Regulation at the

Department of Commerce has certified

to the Chief Counsel for Advocacy,

Small Business Administration, that the

proposed rule, if promulgated as final,

will not have a significant economic

impact on a substantial number of small

entities. This is because the rulemaking

is primarily to update, clarify, and

simplify the regulations, make technical

changes and reduce paperwork.

Paperwork Reduction Act

This rulemaking involves information

collection activities subject to the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq., which are currently

approved by the Office of Management

and Budget under control number 0625–

0037. The proposed amendments reduce

the information burden on the public

by, among other things, eliminating the

need for copies in a resubmission,

making provision for resubmissions in

electronic formats and eliminating the

need to make application for

maintenance tools.

Executive Order 12866

It has been determined that the

proposed rulemaking is not significant

for purposes of Executive Order 12866.

List of Subjects in 15 CFR Part 301

Administrative practice and

procedure, Customs duties and

inspection, Educational facilities,

Imports, Nonprofit organizations,

Scientific equipment.

For reasons set forth above, 15 CFR

part 301 is proposed to be amended as

follows:

PART 301—[AMENDED]

1. The authority citation for part 301

is revised to read as follows:

Authority: Sec. 6 (c), Pub. L. 89–651, 80

Stat. 897, 899; Sec. 2402, Pub. L. 106–36, 113

Stat. 127, 168.

2. Amend part 301 as follows:

a. Revise all references to ‘‘tariff item

851.60’’, ‘‘item 851.60’’, or ‘‘item 851.60,

TSUS’’ to read ‘‘subheading 9810.00.60,

HTSUS’’.

b. Revise all references to ‘‘item

851.65’’ or ‘‘tariff item 851.65’’ to read

‘‘subheading 9810.00.65, HTSUS’’.

3. Amend § 301.1 as follows:

a. Paragraph (b)(1) is amended by

removing ‘‘, contracted to by

approximately 89 countries’’;

b. Paragraph (d) is amended by

removing ‘‘Headnote 6, TSUS’’ from the

first sentence and adding ‘‘U.S. Note 6,

Subchapter X, Chapter 98, HTSUS’’ in

its place; by removing ‘‘and Operations’’

in the second sentence; and by

removing ‘‘Deputy’’ in the third

sentence;

c. Revise paragraphs (b)(3), (c)(1) and

(c)(2); and

d. Add paragraph (c)(4).

§ 301.1 General provisions.

* * * * *

(b) * * *

(3) The Annex D provisions are

implemented for U.S. purposes in

Subchapter X, Chapter 98, Harmonized

Tariff Schedule of the United States

(HTSUS).

(c) Summary of statutory procedures

and requirements. (1) U.S. Note 1,

Subchapter X, Chapter 98, HTSUS,

provides, among other things, that

articles covered by subheadings

9810.00.60 (scientific instruments and

apparatus), 9810.00.65 (repair

components therefor) and 9810.00.67

(tools for maintaining and testing the

above therefor), HTSUS, must be

exclusively for the use of the

institutions involved and not for

distribution, sale, or other commercial

use within five years after having been

entered. These articles may be

transferred to another qualified

nonprofit institution, but any

commercial use within five years of

entry shall result in the assessment of

applicable duties pursuant to § 301.9(c).

(2) An institution wishing to enter an

instrument or apparatus under tariff

subheading 9810.00.60, HTSUS, must

file an application with the Secretary of

the Treasury (U.S. Customs Service) in

accordance with these regulations. If the

application is made in accordance with

the regulations, notice of the application

is published in the Federal Register to

provide an opportunity for interested

persons and government agencies to

present views. The application is

reviewed by the Secretary of Commerce

(Director, Statutory Import Programs

Staff) , who decides whether or not

duty-free entry may be accorded the

instrument and publishes the decision

in the Federal Register. An appeal of

the final decision may be filed with the

U.S. Court of Appeals for the Federal

Circuit, on questions of law only, within

20 days after publication in the Federal

Register.

* * * * *

(4) Tools specifically designed to be

used for the maintenance, checking,

gauging or repair of instruments or

apparatus admitted under subheadings

9810.00.65 and 9810.00.67, HTSUS,

require no application and may be

entered duty-free in accordance with the

procedures prescribed in § 301.10.

* * * * *

§ 301.2 [Amended]

4. Amend § 301.2 as follows:

a. Paragraph (f) is amended by

removing ‘‘only’’ in the first sentence;

by removing ‘‘classifiable under the

tariff items specified in headnote 6(a) of

part 4 of Schedule 8’’ and adding in its

place ‘‘specified in U.S. Note 6(a),

Subchapter X, Chapter 98, HTSUS’’; and

by adding the following after the second

sentence: ‘‘The term ‘‘instrument’’ also

covers separable components of an

instrument that are imported for

assembly in the United States in such

instrument where that instrument, due

to its size, cannot feasibly be imported

in its assembled state. The components,

as well as the assembled instrument

itself, must be classifiable under the

tariff provisions listed in U.S. Note 6(a),

Subchapter X, Chapter 98, HTSUS. See

§ 301.2(k) and § 301.3(f).’’;

b. Paragraph (f)(5) is amended by

removing all that follows ‘‘under bond

under’’ and adding in its place the

following: ‘‘subheading 9813.00.30,

HTSUS, subject to the provisions of U.S.

Note 1(a), Subchapter XIII, Chapter 98,

HTSUS, and must be exported or

destroyed within the time period

specified in that U.S. Note.’’;

c. Paragraph (h) is amended by adding

a new sentence to the end of the

paragraph to read: ‘‘The existing

instrument, for which the accessory is

being purchased, may be domestic or, if

foreign, it need not have entered duty

free under subheading 9810.00.60,

HTSUS.’’;

d. Paragraph (k) is amended by adding

the following at the end of the

paragraph: ‘‘The above notwithstanding,

separable components of some

instruments may be eligible for dutyfree treatment. See § 301.2(f).’’;

e. Paragraph (r) is amended by

removing ‘‘angstroms’’ in the second

sentence and adding ‘‘nanometers’’ in

its place, and by adding a sentence at

the end of the paragraph to read:

‘‘Performance results on a test sample

run at the applicant’s request may be

cited as evidence for or against a

guaranteed specification.’’; and

f. Paragraph(s) is amended by

removing ‘‘and/’’ from the first sentence,

removing the last sentence and adding

in its place the following: ‘‘Also,

characteristics such as size, weight,

appearance, durability, reliability,

complexity (or simplicity), ease of

Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Proposed Rules 30557

operation, ease of maintenance,

productivity, versatility, ‘‘state of the

art’’ design, specific design and

compatibility with currently owned or

ordered equipment are not pertinent

unless the applicant demonstrates that

the characteristic is necessary for the

accomplishment of its scientific

purposes.’’

5. Amend § 301.3 as follows:

a. Paragraph (d) is amended by

removing ‘‘One copy of the form’’ from

the second sentence and adding in its

place ‘‘One of these copies’’;

b. Redesignate paragraph (f) as

paragraph (g); and

c. Add a new paragraph (f).

§ 301.3 Application for duty-free entry of

scientific instruments.

* * * * *

(f) An application for components of

an instrument to be assembled in the

United States as described in § 301.2(f)

may be filed provided that all of the

components for the complete,

assembled instrument are covered by,

and fully described in, the application.

See also § 301.2(k).

* * * * *

6. In § 301.4, paragraphs (a)(1), (a)(2)

and the first two sentences of (a)(3) are

revised to read as follows:

§ 301.4 Processing of applications by the

Department of the Treasury (U.S. Customs

Service).

(a) * * *

(1) Whether the institution is a

nonprofit private or public institution

established for research and educational

purposes and therefore authorized to

import instruments into the U.S. under

subheading 9810.00.60, HTSUS. In

making this determination, the

Commissioner may require applicants to

document their eligibility under this

paragraph;

(2) Whether the instrument or

apparatus falls within the classes of

instruments eligible for duty-free entry

consideration under subheading

9810.00.60, HTSUS. For eligible classes,

see U.S. Note 6(a), Subchapter X,

Chapter 98, HTSUS; and

(3) Whether the instrument or

apparatus is for the exclusive use of the

applicant institution and is not intended

to be used for commercial purposes. For

the purposes of this section, commercial

uses would include, but not necessarily

be limited to: distribution, lease or sale

of the instrument by the applicant

institution; any use by, or for the

primary benefit of, a commercial entity;

or use of the instrument for

demonstration purposes in return for a

fee, price discount or other valuable

consideration. Evaluation, modification

or testing of the foreign instrument,

beyond normal, routine acceptance

testing and calibration, to enhance or

expand its capabilities primarily to

benefit the manufacturer in return for a

discount or other valuable

consideration, may be considered a

commercial benefit. * * *

* * * * *

7. Amend § 301.5 as follows:

a. Paragraph (a)(1) is amended by

removing ‘‘10’’ from the first sentence

and adding ‘‘5’’ in its place;

b. Paragraph (a)(2) is amended by

removing ‘‘contained in Question 11 of

the form’’ in the second sentence and

adding ‘‘on the form’’ in its place, and

by adding ‘‘pursuant to paragraph (e) of

this section’’ at the end of the last

sentence;

c. Paragraph (a)(3) is amended by

removing the last sentence;

d. Paragraph (a)(4)(v) is amended by

removing ‘‘submitted a formal’’ and

adding ‘‘issued an’’ in its place;

e. Paragraph (a)(5) is amended by

removing ‘‘on an application’’ from the

first sentence, by removing ‘‘in his

discretion, may entertain comments

filed untimely to the extent that they

contain factual information, as opposed

to arguments, explanations, or

recommendations’’ from the second

sentence and by adding ‘‘at his

discretion, may take into account factual

information contained in untimely

comments’’ in its place;

f. Paragraph (a)(6) is amended by

removing ‘‘apprise’’ from the first

sentence and adding ‘‘inform’’ in its

place, by removing ‘‘routinely’’ from the

second sentence, removing

‘‘commentor’s’’ from the last sentence

and adding ‘‘provider’s’’ in its place,

and by removing ‘‘on a particular

application’’ from the last sentence;

g. Paragraph (a)(7) is removed;

h. Paragraph (b) is revised;

i. Paragraph (c)(2), is amended by

removing the word ‘‘the’’ between ‘‘to’’

and ‘‘appropriate’’ and by removing

‘‘written’’;

j. Paragraph (c)(3) is amended by

removing the first sentence, by

removing ‘‘may’’ from the second

sentence, and by removing ‘‘National

Bureau of Standards’’ and adding

‘‘National Institute of Standards and

Technology’’ in its place in the second

sentence;

k. Paragraph (d)(1)(i) is amended by

removing ‘‘combines’’ from the fourth

sentence and adding ‘‘brings together’’

in its place, and by removing

‘‘instrument(s)’’ in the last sentence and

adding ‘‘instrument’’ in its place;

l. Paragraph (d)(1)(ii) is amended by

removing ‘‘conversion’’ from the last

sentence and adding ‘‘adaptation’’ in its

place, and by removing ‘‘for such

programs’’ from the last sentence;

m. Add a paragraph (d)(5); and

n. Revise paragraphs (e) introductory

text, (e)(2) and (e)(3); add a sentence to

the end of paragraph (e)(5); and remove

paragraph (e)(9).

§ 301.5 Processing of applications by the

Department of Commerce.

* * * * *

(b) Additions to the record. The

Director may solicit from the applicant,

from foreign or domestic manufacturers,

their agents, or any other person or

Government agency considered by the

Director to have related competence,

any additional information the Director

considers necessary to make a decision.

The Director may attach conditions and

time limitations upon the provision of

such information and may draw

appropriate inferences from a person’s

failure to provide the requested

information.

* * * * *

(d) * * *

(5) Processing of applications for

components. (i) The Director may

process an application for components

which are to be assembled in the United

States into an instrument or apparatus

which, due to its size, cannot be

imported in its assembled state (see

§ 301.2(k)) as if it were an application

for the assembled instrument. A finding

by the Director that no equivalent

instrument is being manufactured in the

United States shall, subject to paragraph

(d)(5)(ii) of this section, qualify all the

associated components, provided they

are entered within the period

established by the Director, taking into

account both the scientific needs of the

importing institution and the potential

for development of related domestic

manufacturing capacity.

(ii) Notwithstanding a finding under

paragraph (d)(5)(i) of this section that no

equivalent instrument is being

manufactured in the United States, the

Director shall disqualify a particular

component for duty-free treatment if the

Director finds that the component is

being manufactured in the United

States.

(e) Denial without prejudice to

resubmission (DWOP). The Director

may, at any stage in the processing of an

application by the Department of

Commerce, DWOP an application if it

contains any deficiency which, in the

Director’s judgment, prevents a

determination on its merits. The

Director shall state the deficiencies of

the application in the DWOP letter to

the applicant.

* * * * *

30558 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Proposed Rules

(2) If granted, extensions of time will

generally be limited to 30 days.

(3) Resubmissions must reference the

application number of the earlier

submission. The resubmission may be

made by letter to the Director. The

record of a resubmitted application shall

include the original submission on file

with the Department. Any new material

or information contained in a

resubmission, which should address the

specific deficiencies cited in the DWOP

letter, should be clearly labeled and

referenced to the applicable question on

the application form. The resubmission

must be for the instrument covered by

the original application unless the

DWOP letter specifies to the contrary.

The resubmission shall be subject to the

certification made on the original

application.

* * * * *

(5) * * * Resubmission by fax, e-mail

or other electronic means is acceptable

provided an appropriate return number

or address is provided in the

transmittal. Resubmissions must clearly

indicate the date of transmittal to the

Director.

8. Amend § 301.6 by revising

paragraphs (a) and (c) to read as follows:

§ 301.6 Appeals.

(a) An appeal from a final decision

made by the Director under § 301.5(f)

may be taken in accordance with U.S.

Note 6(e), Subchapter X, Chapter 98,

HTSUS, only to the U.S. Court of

Appeals for the Federal Circuit and only

on questions of law, within 20 days after

publication of the decision in the

Federal Register. If at any time while its

application is under consideration by

the Court of Appeals on an appeal from

a finding by the Director an institution

cancels an order for the instrument to

which the application relates or ceases

to have a firm intention to order such

instrument, the institution shall

promptly notify the court.

* * * * *

(c) Questions regarding appeal

procedures should be addressed directly

to the U.S. Court of Appeals for the

Federal Circuit, Clerk’s Office,

Washington, DC 20439.

§ 301.7 [Amended]

9. Amend § 301.7 by removing ‘‘(see

§ 301.6(a))’’ from the first sentence of

paragraph (a).

10. Amend § 301.8 as follows:

a. Amend paragraph (a)(1) by adding

‘‘(as defined in 19 CFR 101.1)’’ after

‘‘Customs territory of the United

States’’;

b. Amend the second sentence of

paragraph (a)(5) by adding the words

‘‘either by delaying importation or by

placing the instrument in a bonded

warehouse or foreign trade zone,’’ after

the words ‘‘duty-free entry of the

instrument,’’;

c. Amend paragraph (b) by removing

‘‘above’’ and ‘‘mentioned’’ from the first

sentence;

d. Amend paragraph (c) by removing

‘‘of § 301.8’’ in the first sentence and

adding a comma after ‘‘provisions’’;

e. Revise paragraph (d) to read as

follows:

§ 301.8 Instructions for entering

instruments through U.S. Customs under

subheading 9810.00.60, HTSUS.

* * * * *

(d) Payment of duties. The importer of

record will be billed for payment of

duties when Customs determines that

such payment is due. If a refund of a

deposit made pursuant to paragraph

(a)(4) of this section is due, the importer

should contact Customs officials at the

port of entry, not the Department of

Commerce.

§ 301.9 [Amended]

11. Amend § 301.9 by removing

‘‘latter’’ from the first sentence of the

introductory text of paragraph (a) and

adding ‘‘receiving’’ in its place.

12. § 301.10 is revised to read as

follows:

§ 301.10 Importation of repair components

and maintenance tools under HTSUS

subheadings 9810.00.65 and 9810.00.67 for

instruments previously the subject of an

entry liquidated under subheading

9810.00.60, HTSUS.

(a) An institution owning an

instrument that was the subject of an

entry liquidated duty-free under

subheading 9810.00.60, HTSUS, that

wishes to enter repair components or

maintenance tools for that instrument

may do so without regard to the

application procedures required for

entry under subheading 9810.00.60,

HTSUS. The institution must certify to

Customs officials at the port of entry

that such components are repair

components for that instrument under

subheading 9810.00.65, HTSUS, or that

the tools are maintenance tools

necessary for the repair, checking,

gauging or maintenance of that

instrument under subheading

9810.00.67, HTSUS.

(b) Instruments entered under

subheading 9810.00.60, HTSUS, and

subsequently returned to the foreign

manufacturer for repair, replacement or

modification are not covered by

subheading 9810.00.65 or 9810.00.67,

HTSUS, although they may, upon return

to the United States, be eligible for a

reduced duty payment under

subheading 9802.00.40 or 9802.00.50,

HTSUS (covering articles exported for

repairs or alterations) or may be made

the subject of a new application under

subheading 9810.00.60, HTSUS.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

Raymond W. Kelly,

Commissioner of Customs.

Dated: May 3, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–11734 Filed 5–11–00; 8:45 am]

BILLING CODES 3510–DS–P; 4820–02–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 00–916, MM Docket No. 00–69, RM–

9850]

Radio Broadcasting Services;

Cheboygan and Rogers City, MI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by

Escanaba License Corp. proposing the

allotment of Channel 260C2 at

Cheboygan, Michigan. The coordinates

for Channel 260C2 at Cheboygan are 45–

33–53 and 84–07–54. There is a site

restriction 28.7 kilometers (17.8 miles)

east of the community. To accommodate

the new allotment at Cheboygan, we

shall also propose to substitute Channel

292C2 for Channel 260C2 at Rogers City,

Michigan, and modification of the

license for Station WHAK to specify

operation on Channel 292C2. The

coordinates for Channel 292C2 at Rogers

City are 45–23–53 and 83–55–19.

Canadian concurrence will be requested

for the allotments at Cheboygan and

Rogers City, Michigan.

DATES: Comments must be filed on or

before June 16, 2000, and reply

comments on or before July 3, 2000.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, as follows: Lyle Robert

Evans, President, Escanaba License

Corp., 1101 Ludington Street, Escanaba,

Michigan 49829.