Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4917

State/location Community

No. Effective date of eligibility Current effective map date

Date certain

Federal assistance no longer

available in

special flood

hazard areas

Region IX

California: Tehama County, unincorporated

areas.

065064 April 23, 1971, Emerg; June 1, 1982, Reg;

Feb. 5, 1997, Susp.

Do ............ Do.

Region I

Maine: Lyman, town of, York County ............... 230195 July 23, 1975, Emerg; May 15, 1991, Reg;

Feb. 19, 1997, Susp.

May 15, 1991 Feb. 19, 1997.

Vermont:

Londonderry, town of, Windham County .. 500132 July 24, 1975, Emerg; April 1, 1992, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Rutland, city of, Rutland County ............... 500101 Aug. 30, 1973, Emerg; April 17, 1978, Reg;

Feb. 19, 1997, Susp.

April 17, 1978 Do.

Region II

New York: Trenton, town of, Oneida County ... 360556 April 21, 1975, Emerg; May 1, 1985, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Feb. 19, 1997.

Region III

Pennsylvania:

Ambler, borough of, Montgomery County 420947 Dec. 6, 1973, Emerg; Nov. 2, 1977, Reg;

Feb. 19, 1997, Susp.

Dec. 19, 1996 Do.

Collegeville, borough of, Montgomery

County.

421900 Oct. 29, 1974, Emerg; Feb. 15, 1980, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Schwenksville, borough of, Montgomery

County.

421905 July 11, 1975, Emerg; Sept. 30, 1981, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Springfield, township of, Montgomery

County.

425388 March 26, 1971, Emerg; July 7, 1972, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Towamencin, township of, Montgomery

County.

422236 June 21, 1974, Emerg; July 2, 1980, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Upper Frederick, township of, Montgomery County.421916 Nov. 15, 1974, Emerg; Aug. 17, 1981, Reg;

Feb. 19, 1997, Susp.

Dec. 19, 1996 Do.

Upper Merion, township of, Montgomery

County.

420957 Dec. 17, 1973, Emerg; Nov. 16, 1977, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

York Springs, borough of, Adams County 421239 May 30, 1974, Emerg; June 1, 1979, Reg;

Feb. 19, 1997, Susp.

Feb. 19, 1997 Do.

West Virginia: Martinsburg, city of, Berkeley

County.

540006 Nov. 14, 1974, Emerg; Dec. 18, 1979, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Region V

Ohio: Oxford, city of, Butler County ................. 390731 June 20, 1975, Emerg; Feb. 16, 1979, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Region VII

Missouri:

Butler County, unincorporated areas ........ 290044 April 26, 1984, Emerg; April 3, 1985, Feg;

Feb. 19, 1997, Susp.

Feb. 19, 1997 Do.

Poplar Bluff, city of, Butler County ............ 290047 July 29, 1975, Emerg; Feb. 4, 1981, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Region X

Idaho: Madison County, unincorporated areas 160217 Feb. 2, 1979, Emerg; June 3, 1991, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Code for reading third column: Emerg.-

Emergency; Reg.—Regular; Rein.—

Reinstatement; Susp.—Suspension.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Issued: January 28, 1997.

Richard W. Krimm,

Executive Associate Director Mitigation

Directorate.

[FR Doc. 97–2566 Filed 1–31–97; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 97–2]

Forfeiture Proceedings

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In accordance with the

Federal Civil Monetary Penalty Inflation

Act of 1990, as amended by the Debt

Collection Improvement Act of 1996,

this order amends the Commission’s

rules regarding forfeiture proceedings to

implement inflation adjustments to

monetary forfeiture penalties that may

be assessed by the Commission.

EFFECTIVE DATE: March 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Douglas Cooper, Compliance and

Information Bureau, (202) 418–1160.

SUPPLEMENTARY INFORMATION:

Adopted: January 3, 1997

Released: January 15, 1997
4918 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

1The Federal Civil Penalties Inflation Adjustment

Act of 1990 defines a civil monetary penalty as any

such penalty, fine or other such sanction that, inter

alia, has a maximum amount provided for by

Federal Law; and is assessed or enforced by an

agency pursuant to federal law and is assessed or

enforced pursuant to an administrative proceeding

(Pub. L. 101–410, 104 Stat. 890, 28 U.S.C. 2461

note). This definition includes forfeitures that may

be assessed or enforced by the Commission.

2The CPI index can be found through the

Department of Labor.

Call the Bureau of Labor Statistics, faxdat service:

(404) 347–3702 (automated menu for CPI years no

earlier than 1976)

(404) 347–4416 (for assistance, and for CPI all

years) Or, to find the CPI through the Internet:

(1) Go to the Consumer Price Index Home Page

at: http://stats.bls.gov/cpihome.htm

(2) Select Most Requested Series.

(3) Select Consumer Price Index—All Urban

Consumers.

(4) Select ‘‘US ALL ITEMS–1967=100–

CUUR0000AA0.’’

(5) Scroll down and select the year that you are

looking for.

(6) Scroll down and select ‘‘Retrieve Data.’’

3The rounding rules are as follows:

(1) Round increase to the nearest multiple of $10

if the penalty is from $0 to $100.

(2) Round increase to the nearest multiple of $100

if the penalty is from $101 to $1,000.

(3) Round increase to the nearest multiple of

$1,000 if the penalty is from $1,001 to $10,000.

(4) Round increase to the nearest multiple of

$5,000 if the penalty is from $10,001 to $100,000.

(5) Round increase to the nearest multiple of

$10,000 if the penalty is from $100,001 to $200,000.

(6) Round increase to the nearest multiple of

$25,000 if the penalty is over $200,001.

See Federal Civil Penalties Inflation Adjustment

Act of 1990, Public Law 101–410, 104 Stat. 890, 28

U.S.C. 2461 note, Sec. 5.

4The inflation adjustments prescribed by the Debt

Collection Improvement Act will increase a

monetary forfeiture penalty to an amount greater

than the statutory maximum monetary forfeiture

penalty amount. The adjusted forfeiture amounts

are reprinted below.

1. The Debt Collection Improvement

Act of 1996 (Public Law 104–134, Sec.

31001, 110 Stat. 1321, 1321–358),

enacted on April 26, 1996, amended the

Federal Civil Penalties Inflation

Adjustment Act of 1990 (Public Law

101–410, 104 Stat. 890, 28 U.S.C. 2461

note), to require all federal departments

and agencies to adjust civil monetary

penalties,1 or forfeitures, for inflation no

later than 180 days after the date of the

amendment of the Debt Collection

Improvement Act, and at least once

every four years thereafter. This Order

implements this requirement by

increasing the statutory maximum

amounts for monetary forfeiture

penalties.

2. Specifically, this Order amends

section 1.80 of the Commission’s rules,

47 CFR § 1.80, by adding a new

paragraph (b)(5) to incorporate the

inflation adjustments prescribed in the

Debt Collection Improvement Act.

Pursuant to the statutory change, this

first adjustment is determined by

dividing the June 1995 Consumer Price

Index (CPI) by the CPI for June of the

year the particular forfeiture was set or

last adjusted.2 The result is the cost of

living adjustment, also referred to as the

inflation factor. The Debt Collection

Improvement Act provisions then

prescribe that the inflation factor be

multiplied by the statutory maximum

amount for a monetary forfeiture

penalty and the product be rounded

according to specified rounding rules.3

The resulting amount is then added to

the statutory maximum amount. The

Debt Collection Improvement Act

prescribes, however, that the

adjustments due to inflation apply only

to the violations that occur after the

effective date of the Act (October 23,

1996), and that the inflation adjustment

cannot exceed 10 percent of the

statutory maximum amount.

3. The new section 1.80 (b)(5) applies

the inflation adjustment to the statutory

maximum amounts that may be assessed

by the Commission under the forfeiture

authority provisions in the

Communications Act, as follows:

sections 202(c), 203(e), 205(b), 214(d),

219(b), 220(d), 223(b), 362(a), 362(b),

386(a), 386(b), 503(b), 506, and 634; 47

U.S.C. §§ 202(c), 203(e), 205(b), 214(d),

219(b), 220(d), 223(b), 362(a), 362(b),

386(a), 386(b), 503(b), 506, and 554.4 In

addition, this Order adjusts for inflation

the monetary forfeiture penalties set

forth in section 1.80 (b)(1), (b)(2), and

(b)(3) of the Commission’s Rules, which

implement the monetary forfeiture

penalties in section 503(b) of the Act.

4. Sections 202(c), 203(e), 205(b),

214(d), 219(b), 220(d), 223(b), 362(a),

362(b), 386(a), 386(b), and 503(b) of the

Act were set or last adjusted in 1989.

Therefore, the June 1989 CPI is used for

determining the inflation factor for these

sections. Section 506 forfeitures were

set or last adjusted in 1954. Section 634

forfeitures were set in 1992. Thus, the

June CPI index for 1954 and 1992,

respectively, is used to calculate the

inflation factors for these forfeitures.

5. We are taking this opportunity to

update the statutory citations included

in section 1.80(a)(4) of the rules by

adding a reference to Section 634 of the

Communications Act, which prescribes

a forfeiture penalty for violating the

equal employment opportunity

requirements applicable to cable

systems and multichannel video

programming distributors, and to

include section references to citations to

the Communications Act in section

1.80(a)(4) of the rules.

6. The addition of section 1.80(b)(5)

and amendments to sections 1.80(b)(1),

(b)(2), and (b)(3) of our rules adopted

herein implement the statutory

requirement of the Debt Collection

Improvement Act and the amendments

to section 1.80(a)(4) simply update the

list of statutory forfeiture provisions.

Therefore, the Commission for good

cause finds that compliance with the

notice and comment provisions of the

Administrative Procedure Act (APA) is

unnecessary. See 5 U.S.C. 553(b)(B).

7. Accordingly, pursuant to sections

4(i) and 303(r) of the Communications

Act of 1934, as amended, 47 U.S.C.

154(i), 303(r), and the Debt Collection

Improvement Act of 1996, Public Law

104–134, Sec. 31001, 110 Stat. 1321,

1321–358, it is ordered that 47 CFR

1.80(a)(4), 1.80(b)(1), 1.80(b)(2), and

1.80(b)(3) are amended and that 47 CFR

1.80(b)(5) is added as set forth below,

effective March 5, 1997.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure, Claims, Penalties.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal

Regulations, Part 1, is amended as

follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 15 U.S.C. 79 et seq., and 47

U.S.C. 151, 154(i), 154(j), and 303(r).

2. Section 1.80 is amended by revising

the introductory text of paragraph (a)

and paragraph (a)(4), the concluding

text of paragraph (a), and paragraphs

(b)(1), (b)(2) and (b)(3), and by adding

new paragraph (b)(5) to read as follows:

§ 1.80 Forfeiture proceedings.

(a) Persons against whom and

violations for which a forfeiture may be

assessed. A forfeiture penalty may be

assessed against any person found to

have:

* * * * *

(4) Violated any provision of section

1304, 1343, or 1464 of Title 18, United

States Code.

A forfeiture penalty assessed under this

section is in addition to any other

penalty provided for by the

Communications Act, except that the

penalties provided for in paragraphs

(b)(1), (b)(2) and (b)(3) of this section

shall not apply to conduct which is

subject to a forfeiture penalty under

sections 202(c), 203(e), 205(b), 214(d),

219(b), 220(d), 223(b), 362(a), 362(b),
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4919

386(a), 386(b), 503(b), 506, and 634 of

the Communications Act. The

remaining provisions of this section are

applicable to such conduct.

(b) Limits on the amount of forfeiture

assessed. (1) If the violator is a

broadcast station licensee or permittee,

a cable television operator, or an

applicant for any broadcast or cable

television operator license, permit,

certificate, or other instrument of

authorization issued by the

Commission, except as otherwise noted

in this paragraph, the forfeiture penalty

under this section shall not exceed

$27,500 for each violation or each day

of a continuing violation, except that the

amount assessed for any continuing

violation shall not exceed a total of

$275,000 for any single act or failure to

act described in paragraph (a) of this

section. There is no limit on forfeiture

assessments for EEO violations by cable

operators that occur after notification by

the Commission of a potential violation.

See section 634(f)(2) of the

Communications Act.

(2) If the violator is a common carrier

subject to the provisions of the

Communications Act or an applicant for

any common carrier license, permit,

certificate, or other instrument of

authorization issued by the

Commission, the amount of any

forfeiture penalty determined under this

section shall not exceed $110,000 for

each violation or each day of a

continuing violation, except that the

amount assessed for any continuing

violation shall not exceed a total of

$1,100,000 for any single act or failure

to act described in paragraph (a) of this

section.

(3) In any case not covered in

paragraphs (b)(1) or (b)(2) of this

section, the amount of any forfeiture

penalty determined under this section

shall not exceed $11,000 for each

violation or each day of a continuing

violation, except that the amount

assessed for any continuing violation

shall not exceed a total of $82,500 for

any single act or failure to act described

in paragraph (a) of this section.

* * * * *

(5) Inflation adjustments to the

maximum forfeiture amount. (i)

Pursuant to the Debt Collection

Improvement Act of 1996, Public Law

104–134 (110 Stat. 1321–358), which

amends the Federal Civil Monetary

Penalty Inflation Adjustment Act of

1990, Public Law 101–410 (104 Stat.

890; 28 U.S.C. 2461 note), the statutory

maximum amount of a forfeiture penalty

assessed under this section shall be

adjusted for inflation at least once every

four years using the following formula.

First, obtain the inflation factor by

dividing the CPI for June of the

preceding year by the CPI for June of the

year the forfeiture was last set or

adjusted. Then, multiply the inflation

factor by the statutory maximum

amount. Round off this result using the

rules in paragraph (b)(5)(ii) of this

section. Add the rounded result to the

statutory maximum forfeiture penalty

amount. The sum is the statutory

maximum amount, adjusted for

inflation.

(ii) The rounding rules are as follows:

(A) Round increase to the nearest

multiple of $10 if the penalty is from $0

to $100;

(B) Round increase to the nearest

multiple of $100 if the penalty is from

$101 to $1,000;

(C) Round increase to the nearest

multiple of $1,000 if the penalty is from

$1,001 to $10,000;

(D) Round increase to the nearest

multiple of $5,000 if the penalty is from

$10,001 to $100,000;

(E) Round increase to the nearest

multiple of $10,000 if the penalty is

from $100,001 to $200,000; or

(F) Round increase to the nearest

multiple of $25,000 if the penalty is

over $200,001.

(iii) The first application of the

inflation adjustments required by Public

Law 104–134 results in the following

adjustments to the statutory forfeitures

currently authorized by the

Communications Act:

U.S. Code citation

Current statutory maximum

penalty

Maximum penalty after Public Law 104–

134 adjustment

47 USC 202(c) ......................................................................................................................................................... $6,000 $6,600

300 330

47 USC 203(e) ......................................................................................................................................................... 6,000 6,600

300 330

47 USC 205(b) ......................................................................................................................................................... 12,000 13,200

47 USC 214(d) ......................................................................................................................................................... 1,200 1,200

47 USC 219(b) ......................................................................................................................................................... 1,200 1,200

47 USC 220(d) ......................................................................................................................................................... 6,000 6,600

47 USC 223(b) ......................................................................................................................................................... 50,000 55,000

47 USC 362(a) ......................................................................................................................................................... 5,000 5,500

47 USC 362(b) ......................................................................................................................................................... 1,000 1,100

47 USC 386(a) ......................................................................................................................................................... 5,000 5,500

47 USC 386(b) ......................................................................................................................................................... 1,000 1,100

47 USC 503(b)(2)(A) ................................................................................................................................................ 25,000 27,500

250,000 275,000

47 USC 503(b)(2)(B) ................................................................................................................................................ 100,000 110,000

1,000,000 1,100,000

47 USC 503(b)(2)(C) ................................................................................................................................................ 10,000 11,000

75,000 82,500

47 USC 506(a) ......................................................................................................................................................... 500 550

47 USC 506(b) ......................................................................................................................................................... 100 110

47 USC 554 ............................................................................................................................................................. 500 500
4920 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

Note: Pursuant to Public Law 104–134, the

first inflation adjustment cannot exceed 10

percent of the statutory maximum amount.

* * * * *

[FR Doc. 97–2080 Filed 1–31–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Parts 74, 78, and 101

[ET Docket No. 96–35; FCC 97–1]

Flexible Standards for Directional

Microwave Antennas

ACTION: Final rule.

SUMMARY: This action amends the

performance standards for directional

microwave antennas of the

Commission’s Rules in order to permit

the use of new antenna technology.

Specifically, the rule amendments will

allow licensees to show compliance

with the Commission’s Rules for

antenna standards using either

minimum antenna gain or maximum

radiation beamwidth. This action

removes an implicit prohibition in the

Commission’s Rules against new types

of antennas which have narrow

beamwidths, but insufficient gains. This

action also will encourage innovation in

antenna technology and will give

licensees more options in the types of

antennas they may employ, without

decreasing spectrum efficiency or

increasing interference.

EFFECTIVE DATE: March 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael J. Marcus, 418–2470 or Tom

Mooring, 418–2450, Office of

Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, ET Docket 96–35, FCC 97–

1, adopted January 2, 1997, and released

January 17, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Service, (202) 857–3800,

2100 M Street, N.W., Suite 140,

Washington, D.C. 20037.

Summary of the Report and Order

1. By this action, the Commission

amends its fixed service microwave

rules to make them more compatible

with certain emerging technologies for

directional antennas. Specifically, we

will permit alternative showings that

antennas comply with maximum

beamwidth requirements rather than

requirements for minimum antenna

gains. The Commission believes that

this action will preserve the intent of

the rules to maximize spectrum

efficiency and minimize interference. At

the same time, such changes will

provide Commission licensees with

additional flexibility to use directional

antennas employing emerging

technologies for which, in contrast to

conventional antennas, maximum

antenna beamwidth is not correlated

directly with minimum antenna gain.

Finally, the Commission believes that

these amendments promote the national

policy goals set forth in Section 257 of

the Communications Act by enabling

entrepreneurs and other small

businesses to market new and

innovative antenna technology to

providers of telecommunications

services and information services.

2. On February 29, 1996, we adopted

a Notice of Proposed Rule Making

(‘‘NPRM’’) in this proceeding, 61 FR

11798, March 22, 1996. In the NPRM,

we proposed to permit licensees to

make a showing that the antennas

employed under Parts 74, 78, and 101

meet minimum antenna performance

standards through the use of maximum

beamwidth requirements as an

alternative to minimum antenna gain

requirements. In addition, we proposed

to treat all antennas as if they had the

mainlobe shape and gain of a

conventional parabolic dish antenna.

3. The parties generally support the

basic proposal in the NPRM, that is, to

allow users to show compliance with

the minimum antenna performance

standards using either maximum

beamwidth or minimum gain. For

example, Comsearch states that

spectrum efficiency depends upon

antenna radiation pattern performance

(beamwidth, sidelobe suppression, and

front-to-back ratio), not upon antenna

gain, and that thus, there is no need for

a minimum antenna gain requirement as

long as the maximum beamwidth and

minimum radiation suppression

requirements are met. Endgate

Corporation (‘‘Endgate’’) agrees that the

adoption of this proposal would remove

a regulatory impediment to the use of

new antenna technology and further

states that such action would provide

manufacturers with the flexibility to

develop antennas with specific

performance properties that are

appropriate for the application, rather

than performance limited by preexisting regulations.

4. We agree with Comsearch that

spectrum efficiency is dependent upon

antenna radiation pattern performance,

that is, the beamwidth, sidelobe

suppression, and the front-to-back ratio,

and not upon antenna gain per se. Thus,

we find that a showing of maximum

beamwidth as an alternative to a

minimum antenna gain showing can be

permitted with no impact on spectrum

efficiency. Moreover, we believe that

such a change serves the public interest

because it allows a greater choice of

technologies for licensees. Accordingly,

we amend Sections 74.536, 74.641,

78.105, and 101.115 of the

Commission’s Rules to permit licensees

to demonstrate compliance using either

minimum gain or maximum beamwidth.

The table below summarizes these

amendments:

Minimum

gain

Maximum

beamwidth

(degrees)

Rule

section Band (GHz)

34 dBi ... 3.5 101.115 (c) 10.55–

10.68

36 dBi ... 2.7 101.115 (c) 3.7–4.2

38 dBi ... 2.2 101.115 (c) 5.925–

6.425

.......... 6.525–

6.875

.......... 10.55–

10.68

.......... 10.63–

10.68

.......... 10.7–11.7

.......... 17.70–

18.82

.......... 74.536(c) 17.7–19.7

.......... 74.641(a)

(1)

17.7–19.7

.......... 78.105(a)

(1)

17.7–19.7

.......... 101.115 (c) 18.92–

19.70

.......... 21.2–23.6

.......... Above 31.3

.......... 78.105(a)

(1)

38.6–40.0

5. In the NPRM, we observed that

even with the sidelobe suppression

required by the existing rules, new types

of antennas, such as planar array

antennas, may differ somewhat from

conventional dish and horn antennas in

the exact shape of the mainlobe. We

stated that we do not believe that these

differences in the shape of the mainlobe

would have a significant impact on

spectrum efficiency and, therefore, we

proposed to treat all antennas as if they

had the mainlobe shape and total gain

of a conventional parabolic dish

antenna.

6. We agree with Alcatel Network

Systems, Inc. (‘‘Alcatel’’), Comsearch,

and National Spectrum Managers

Association (‘‘NSMA’’) that the present

requirement that fixed microwave

applicants under Part 101 provide

antenna measurement data for

coordination should be retained without

modification because the use of actual