50518 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

enforce its requirements. See section

307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: September 8, 1997.

Lynda F. Carroll,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation of part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart GG—New Mexico

2. Section 52.1620 is amended by

adding paragraph (c)(66) to read as

follows:

§ 52.1620 Identification of plan.

* * * * *

(c) * * *

(66) Recodified and revised

regulations of the New Mexico

Administrative Code submitted by the

Governor on January 8, and July 18,

1996.

(i) Incorporation by reference.

(A) New Mexico Administrative Code,

Title 20, Chapter 2, Parts 1 and 2,

adopted by the New Mexico

Environmental Improvement Board

September 22, 1995, and filed with the

State Records and Archives Center on

September 27, 1995.

(B) New Mexico Administrative Code,

Title 20, Chapter 2, Parts 3, 5, 7, 8, 10,

11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,

22, 30, 31, 32, 33, 34, 40, 41, 60, 61, 70,

71, 72 (Subparts I, II and, III; Subpart V,

Sections 501 and 502), 73, 75, 79, and

80; adopted by the New Mexico

Environmental Improvement Board on

October 20, 1995, and filed with the

State Records and Archives Center on

October 30, 1995.

(C) Revised New Mexico

Administrative Code, Title 20, Chapter

2, Part 3, Sections 109 and 111 and; Part

61, Section 111 and; repeal of Part 3,

Section 112, adopted by the New

Mexico Environmental Improvement

Board December 8, 1995, and filed with

the State Records and Archives Center

on December 11, 1995.

(D) New Mexico State Records Center

transmittals repealing Air Quality

Control Regulations 705 and 706;

adopted by the New Mexico

Environmental Improvement Board

December 8, 1995; and filed with the

State Records and Archives Center on

December 11, 1995.

(E) Revised New Mexico

Administrative Code, Title 20, Chapter

2, Part 72, Section 103; adopted by the

New Mexico Environmental

Improvement Board on June, 18, 1996,

and filed with the State Records and

Archives Center on June 19, 1996.

(ii) Additional material. None.

[FR Doc. 97–25502 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECITON

AGENCY

40 CFR Part 300

[FRL–5897–7]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Northwest Transformer South Harkness

Street site from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA), Region 10, announces

the deletion of the Northwest

Transformer South Harkness Street Site,

located in Everson, Whatcom County,

Washington from the National Priorities

List (NPL). The NPL constitutes

Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Washington

Department of Ecology have determined

that no further cleanup under CERCLA

is appropriate and that the selected

remedy has been protective of human

health and the environment.

EFFECTIVE DATE: September 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Timothy H. Brincefield, U.S. EPA

Region 10, 1200 Sixth Avenue, Mail

Stop ECL–111, Seattle, Washington

98101, (206) 553–2100.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Northwest

Transformer (South Harkness Street),

Everson, Washington.

A notice of intent to delete for this

site was published on August 15, 1997

(62 FR 43684). The closing date for

comments was September 14, 1997. EPA

received no comments.

EPA identifies sites which appear to

present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund-financed remedial

actions. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action. Section 300.425 of the NCP

states that Fund-financed actions may

be taken at sites deleted from the NPL.

Deletion of a site from the NPL does not

affect responsible party liability or

impede Agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: September 17, 1997.

Randall F. Smith,

Acting Regional Administrator, Region 10.

For the reasons set out in the

preamble, 40 CFR Part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

2. Table 1 of Appendix B to Part 300

is amended by removing site for

‘‘Northwest Transformer (South

Harkness St), Everson, Washington.’’

[FR Doc. 97–25339 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–120; FCC 97–276]

Grandfathered Short-Spaced FM

Stations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50519

1See 5 U.S.C. 603.

2Notice of Proposed Rulemaking in MM Docket

No. 96–120, 61 FR 33474 (June 14 , 1996).

3See 5 U.S.C. 604. The Regulatory Flexibility Act,

see 5 U.S.C. 601 et. seq. has been amended by the

Contract with America Advancement Act of 1996,

Public Law 104–121, 110 Stat. 847 (1996)

(CWAAA). Title II of the CWAAA is the ‘‘Small

Business Regulatory Enforcement Fairness Act of

1996’’ (SBREFA). We note that the NPRM was

issued prior to enactment of the amendments to the

RFA in the SBREFA.

SUMMARY: This Report and Order (R&O)

in MM Docket No. 96–120 modifies a

current rule to permit certain shortspaced stations to make changes based

on a showing that no interference is

caused or received, or if interference

already exists, based on the total of such

interference not being increased. The

R&O also permits certain stations shortspaced to a second-adjacent-channel or

a third-adjacent-channel station to

change transmitter location or other

station facilities without regard to such

short-spacing, and to eliminate the need

to obtain agreements by grandfathered

stations proposing increased facilities.

The types of modifications for this

revised rule are expected to have no

potential to increase interference to

other stations.

EFFECTIVE DATE: November 25, 1997.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, NW., Washington, D.C.

20554.

FOR FURTHER INFORMATION CONTACT:

James Bradshaw, Mass Media Bureau,

Audio Services Division, (202) 418–

2720, or via the Internet at

jbradsha@fcc.gov. For additional

information concerning the information

collections contained in the R&O,

contact Judy Boley at (202) 418–0214, or

via the Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is the

synopsis of the Commission’s Report

and Order in MM Docket No. 96–120,

adopted August 4, 1997, and released

August 8, 1997.

The complete text of this R&O, which

was adopted in MM Docket No. 96–120,

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, N.W., Washington, DC, and

may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., at (202) 857–3800, 2100 M Street,

N.W., Suite 140, Washington, DC 20037.

Synopsis of the Report and Order

1. In the R&O, the Commission

streamlines the Commission’s rules

specifically dealing with modifications

of commercial FM stations that became

short-spaced in 1964, and have

remained short-spaced since that time.

The R&O modifies portions of part 73 of

the rules to lift restrictions which

unnecessarily impede flexibility as to

site selection for grandfathered stations

and substitute the currently required

interference showings in applications,

which have proven ineffective, with

showings that directly relate to the

impact such modification proposals

have on other stations and the public.

2. In the R&O, the Commission

changes three aspects of the rule section

dealing with grandfathered short-spaced

stations. First, the Commission approves

use of predicted interference area

analysis based on field strength

protection ratios, instead of the current

limitation based on the relative

locations of the 1 mV/m (60 dBu)

service contour of the short-spaced

stations. Second, the Commission

eliminates the second-adjacent-channel

and third-adjacent-channel protection

criteria for grandfathered short-spaced

stations. Finally, the Commission

eliminates the provision for agreements

between grandfathered short-spaced

stations.

3. The rules set forth in the R&O puts

the focus on more accurately evaluating

and controlling interference. The rules

also return some flexibility when

stations with second-adjacent-channel

or third-adjacent-channel grandfathered

short-spacings propose modifications.

And for stations with co-channel or

first-adjacent-channel grandfathered

short-spacings, the rules allow for a

more accurate determination of

predicted interference. In addition, the

rules eliminate the Commission’s policy

regarding agreements between

grandfathered stations.

Final Paperwork Reduction Act of 1995

Analysis

4. This R&O contains new or modified

information collections subject to the

Paperwork Reduction Act of 1995

(‘‘PRA’’). It has been submitted to the

Office of Management and Budget

(‘‘OMB’’) for review under the PRA.

OMB Control Number: 3060–0727.

Title: R&O: Grandfathered ShortSpaced FM Stations.

Form Number: 301/340.

Type of Review: Revision of a

currently approved collection.

Affected Public: Business or other forprofit, not-for-profit institutions.

Number of Respondents: 15 FM

broadcast licensees.

Estimated time per response: 5 hours

per showing (0.5 hours consultation

time/4.5 hours contracting time); 0.083

hours per disclosure.

Annual Burden: 9 hours.

Needs and Uses: This R&O eliminates

unnecessary regulations and streamlines

the current method of modifying pre1964 grandfathered short-spaced FM

stations. This R&O lifts restrictions

which unnecessarily impede flexibility

as to site selection for grandfathered

stations and substitutes the currently

required interference showings in

applications with showings that directly

relate to the impact such modification

proposals have on other stations and the

public. The data are used by

Commission staff to determine if the

public interest will be served and that

existing levels of interference will not

be increased to other stations. The

Commission adopted two of the

proposals as set forth in the NPRM. The

third proposal was adopted as proposed

but a disclosure requirement was added

that requires that a copy of any

application for co-channel or firstadjacent channel stations proposing

predicted interference caused in any

area where interference is not currently

predicted to be caused must be served

upon the licensee(s) of the affected

short-spaced station(s).

Final Regulatory Flexibility Analysis

5. As required by the Regulatory

Flexibility Act 1 (RFA), the Commission

considered regulatory flexibility issues

in the NPRM in this proceeding,

Grandfathered Short-Spaced FM

Stations. 2 The Commission sought

written public comments on the

proposals in the NPRM. The

Commission’s Final Regulatory

Flexibility Analysis (FRFA) in this R&O

conforms to the RFA as amended. 3

A. Need For and Objectives of the Rules

6. The Commission’s Rules currently

require pre-1964 grandfathered shortspaced stations proposing transmitter

site changes or facility modifications to

demonstrate that the proposed 1 mV/m

field strength contour is not extended

toward the 1 mV/m field strength

contour of any station to which it is

short-spaced. This rule was found to be

overly restrictive, and open to multiple

interpretations. The Commission

therefore proposed revisions to its

broadcast regulations to replace the

current rule with a simple rule based on

straight-forward interference prediction

methods, and to eliminate spacing

requirements for second and thirdadjacent channel grandfathered stations.

7. By making these changes,

grandfathered stations will have the

maximum flexibility when changing

transmitter site or proposing facility

modifications. Any such changes must

be made by filing a minor change

application. The new regulations should

expedite new and improved service to
50520 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

4 5 U.S.C. 601(3) (incorporating by reference the

definition of ‘‘small business concern’’ in 15 U.S.C.

632). Pursuant to 5 U.S.C. 601(3), the statutory

definition of a small business applies ‘‘unless an

agency after consultation with the Office of

Advocacy of the Small Business Administration

and after opportunity for public comment,

establishes one or more definitions of such term

which are appropriate to the activities of the agency

and publishes such definition(s) in the Federal

Register.

5Small Business Act, 15 U.S.C. 632 (1996).

6We tentatively conclude that the SBA’s

definition of ‘‘small business’’ greatly overstates the

number of radio and television broadcast stations

that are small businesses and is not suitable for

purposes of determining the impact of the proposals

on small radio and television stations. However, for

purposes of this R&O, we utilize the SBA’s

definition in determining the number of small

businesses to which the proposed rules would

apply, but we reserve the right to adopt a more

suitable definition of ‘‘small business’’ as applied

to radio and television broadcast stations or other

entities subject to the rules adopted in this R&O and

to consider further the issue of the number of small

entities that are radio and television broadcasters or

other small media entities in the future. See R&O

in MM Docket 93–48 (Children’s Television

Programming), 11 FCC Rcd 10660, 10737–38 (1996),

61 FR 43981 (August 27, 1996), citing 5 U.S.C. 601

(3). In our Notice of Inquiry in GN Docket No. 96–

113B, In the matter of Section 257 Proceeding to

Identify and Eliminate Market Entry Barriers for

Small Businesses, 11 FCC Rcd 6280 (1996), 61 FR

33066 (June 26, 1996), we requested commenters to

provide profile data about small

telecommunications businesses in particular

services, including television and radio, and the

market entry barriers they encounter, and we also

sought comment as to how to define small

businesses for purposes of implementing Section

257 of the Telecommunications Act of 1996, which

requires us to identify market entry barriers and to

prescribe regulations to eliminate those barriers.

Additionally, in our Order and Notice of Proposed

Rulemaking in MM Docket 96–16, In the Matter of

Streamlining Broadcast EEO Rules and Policies,

Vacating the EEO Forfeiture Policy Statement and

Amending Section 1.80 of the Commission’s Rules

to Include EEO Forfeiture Guidelines, 11 FCC Rcd

5154 (1996), 61 FR 9964 (March 12, 1997), we

invited comment as to whether relief should be

afforded to stations: (1) Based on small staff and

what size staff would be considered sufficient for

relief, e.g., 10 or fewer full-time employees; (2)

based on operation in a small market; or (3) based

on operation in a market with a small minority

work force.

7 13 CFR 121.201, SIC 4832.

8Economics and Statistics Administration,

Bureau of Census, U.S. Department of Commerce,

supra note 78, Appendix A–9.

9 Id.

10 Id.

11 Id.

12The Census Bureau counts radio stations

located at the same facility as one establishment.

Therefore, each co-located AM/FM combination

counts as one establishment.

13FCC News Release No. 31327, January 13, 1993.

14FCC News Release No. 64958, September 6,

1996.

15We use the 96% figure of radio station

establishments with less than $5 million revenue

from the Census data and apply it to the 12,088

individual station count to arrive at 11,605

individual stations as small businesses.

the public, with minimal impact on

existing stations. The specified changes

require prior authorization from the

Commission. The exact circumstances

in which the Commission will allow

modifications are listed in 47 CFR

73.213(a) (see Rule Changes at the end

of this document).

B. Summary of Significant Issues

Raised by Public Comments in

Response to the Regulatory Flexibility

Analysis

8. No comments were received

specifically in response to the regulatory

flexibility issues contained in the

NPRM. However, commenters generally

addressed the effects of the proposed

rule changes on FM licensees, including

small businesses. Generally,

commenters favored the rule changes

proposed, with minor changes, some of

which have been incorporated into the

rules specified in the Rule Changes at

the end of this document.

C. Description and Estimate of the

Number of Small Entities To Which the

Rule Will Apply

9. The RFA generally defines ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdiction’’ and the same meaning as

the term ‘‘small business concern’’

under the Small Business Act unless the

Commission has developed one or more

definitions that are appropriate for its

activities.4 A small business concern is

one which: (1) Is independently owned

and operated; (2) is not dominant in its

field of operation; and (3) satisfies any

additional criteria established by the

Small Business Administration (SBA).5

According to the SBA’s regulations,

entities engaged in radio broadcasting

(Standard Industrial Classification

(‘‘SIC’’) Code 4832 for radio) may have

a maximum of $10.5 million in annual

receipts in order to qualify as a small

business concern. 13 CFR 121.201. This

standard also applies in determining

whether an entity is a small business for

purposes of the Regulatory Flexibility

Act.

10. Pursuant to 5 U.S.C. 601(3), the

statutory definition of a small business

applies ‘‘unless an agency after

consultation with the Office of

Advocacy of the SBA and after

opportunity for public comment,

establishes one or more definitions of

such term which are appropriate to the

activities of the agency and publishes

such definition(s) in the Federal

Register.’’ 6 While we tentatively believe

that the foregoing definition of ‘‘small

business’’ greatly overstates the number

of radio broadcast stations that are small

businesses and is not suitable for

purposes of determining the impact of

the new rules on small business, we did

not propose an alternative definition in

the Regulatory Flexibility Analysis.

Accordingly, for purposes of this R&O,

we utilize the SBA’s definition in

determining the number of small

businesses to which the rules apply, but

we reserve the right to adopt a more

suitable definition of ‘‘small business’’

as applied to radio broadcast stations

and to consider further the issue of the

number of small entities that are radio

broadcasters in the future. Further, in

this FRFA, we will identify the different

classes of small radio stations that may

be impacted by the rules adopted in this

R&O.

Commercial Radio Services

11. The rules and policies adopted in

this R&O will apply to radio

broadcasting licensees and potential

licensees. The SBA defines a radio

broadcasting station that has no more

than $5 million in annual receipts as a

small business.7 A radio broadcasting

station is an establishment primarily

engaged in broadcasting aural programs

by radio to the public.8 Included in this

industry are commercial, religious,

educational, and other radio stations.9

Radio broadcasting stations which

primarily are engaged in radio

broadcasting and which produce radio

program materials are similarly

included.10 However, radio stations

which are separate establishments and

are primarily engaged in producing

radio program material are classified

under another SIC number.11 The 1992

Census indicates that 96 percent (5,861

of 6,127) radio station establishments

produced less than $5 million in

revenue in 1992.12 Official Commission

records indicate that 11,334 individual

radio stations were operating in 1992.13

As of March, 1997, official Commission

records indicate that 12,128 radio

stations were operating.14

12. It is estimated that the rules will

affect about 450 radio stations,

approximately 432 of which are small

businesses.15 These estimates are based

on cursory studies performed by the

staff and may overstate the number of

small entities since the revenue figures

on which they are based do not include

aggregate revenues from non-radio

affiliated companies.

Alternative Classification of Small

Stations

13. An alternative way to classify

small radio stations is the number of

employees. The Commission currently

applies a standard based on the number

of employees in administering its Equal
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50521

16The Commission’s definition of a small

broadcast station for purposes of applying its EEO

rules was adopted prior to the requirement of

approval by the SBA pursuant to Section 3(a) of the

Small Business Act, 15 U.S.C. 632(a), as amended

by Section 222 of the Small Business Credit and

Business Opportunity Enhancement Act of 1992,

Public Law 102–366, section 222(b)(1), 106 Stat.

999 (1992), as further amended by the Small

Business Administration Reauthorization and

Amendments Act of 1994, Public Law 103–403,

section 301, 108 Stat. 4187 (1994). However, this

definition was adopted after the public notice and

the opportunity for comment. See R&O in Docket

No. 18244, 23 FCC 2d 430 (1970), 35 FR 8925 (June

6, 1970).

17See, e.g., 47 CFR 73.3612 (Requirement to file

annual employment reports on Form 395 applies to

licensees with five or more full-time employees);

First Report and Order in Docket No. 21474

(Amendment of Broadcast Equal Employment

Opportunity Rules and FCC Form 395), 70 FCC 2d

1466 (1979), 50 FR 50329 (December 10, 1985). The

Commission is currently considering how to

decrease the administrative burdens imposed by the

EEO rule on small stations while maintaining the

effectiveness of our broadcast EEO enforcement.

Order and Notice of Proposed Rule Making in MM

Docket 96–16 (Streamlining Broadcast EEO Rule

and Policies, Vacating the EEO Forfeiture Policy

Statement and Amending Section 1.80 of the

Commission’s Rules to Include EEO Forfeiture

Guidelines), 11 FCC Rcd 5154 (1996), 61 FR 9964

(March 12, 1996). One option under consideration

is whether to define a small station for purposes of

affording such relief as on with ten or fewer

employees.

18Compilation of 1994 Broadcast Station Annual

Employment Reports (FCC Form 395B), Equal

Opportunity Employment Branch, Mass Media

Bureau, FCC.

Employment Opportunity Rule (EEO)

for broadcasting.16 Thus, radio stations

with fewer than five full-time

employees are exempted from certain

EEO reporting and record keeping

requirements.17 We estimate that the

total number of grandfathered broadcast

stations with 4 or fewer employees is

approximately 120.18

D. Projected Compliance Requirements

of the Rule

14. Applicants filing a modification

application will be required to provide

similar exhibits to those currently

required for a construction permit. This

information may consist of an

interference analysis showing that no

area previously receiving interferencefree service would receive co-channel or

first-adjacent channel interference using

the desired to undesired signal strength

ratio interference calculation method.

15. Alternatively, for co-channel and

first-adjacent channel applicants, a

showing that the public interest would

be served by the changes proposed in an

application must include exhibits

demonstrating that the total area and

population subject to co-channel or

first-adjacent channel interference,

caused and received, would be

maintained or decreased. In addition,

the showing must include exhibits

demonstrating that the area and the

population subject to co-channel or

first-adjacent channel interference

caused by the proposed facility to each

short-spaced station individually is not

increased. In all cases, the applicant

must also show that any area predicted

to lose service as a result of new cochannel or first-adjacent-channel

interference has adequate aural service

remaining. For these purposes, adequate

service is defined as 5 or more aural

services (AM or FM). Finally, any

applicant proposing interference caused

in an area where interference is not

caused must serve its application upon

the licensee(s) of the affected shortspaced station(s). The above-listed

requirements are similar to the

interference exhibits required by the

previous rule section.

16. Second-adjacent and thirdadjacent channel grandfathered stations

will no longer be required to submit

interference exhibits, therefore reducing

the filing burden.

17. The information required with a

modification application generally is the

minimum necessary for the Commission

to verify compliance with its rules and

regulations. In most instances, the new

procedures will reduce the time and

expense required to implement certain

modifications to grandfathered

broadcast stations. Most permittees and

licensees retain professional consulting

engineers or legal counsel, or both in

preparing construction permit

applications. We do not expect this to

change significantly by the adoption of

the new rules and procedures. However,

the time needed for the preparation of

the simplified applications will be

reduced as a result of fewer necessary

waiver requests, translating into time

and money savings for the broadcast

applicant.

E. Significant Alternatives Considered

Minimizing the Economic Impact on

Small Entities and Consistent with the

Stated Objectives

18. The burdens on co-channel and

first-adjacent-channel grandfathered

applicants will be similar to the

requirements under the previous rule

section. The burden on second-adjacent

and third-adjacent grandfathered

applicants will be reduced.

Modification applications will typically

require that lesser amounts of

information be submitted to the

Commission as compared to an

application submitted under the

previous rules. The rule and policy

changes will have a positive economic

impact, as eligible entities, including

small entities, will be able to increase

their service or make transmitter site

changes that were previously inhibited

by the rules. All entities will still be

able to file informal objections against a

modification application, just as they

may do now. In addition, any applicant

proposing to cause interference in an

area previously receiving interference

must serve its application on the

licensee(s) of the affected station(s).

F. Report to Congress

19. The Secretary shall send a copy of

this Final Regulatory Flexibility

Analysis along with this R&O in a report

to Congress pursuant to Section 251 of

the Small Business Regulatory

Enforcement Fairness Act of 1996,

codified at 5 U.S.C. 801(a)(1)(A). A copy

of this RFA is also published earlier in

this document.

Ordering Clauses

20. Accordingly, it is ordered that

pursuant to the authority contained in

Sections 4(i), 303(r), and 307(c) of the

Communications Act of 1934, as

amended, 47 CFR part 73 is amended as

set forth below.

21. It is further ordered that the

requirements and regulations

established in this Report and Order

will become effective November 25,

1997.

22. For further information contact

Jim Bradshaw of the Audio Services

Division, Mass Media Bureau at (202)

418–2740, or by e-mail at

jbradsha@fcc.gov.

List of Subjects in 47 CFR Part 73

Radio broadcasting, Reporting and

recordkeeping requirements, Television

broadcasting.

Federal Communications Commission.

Shirley S. Suggs,

Chief, Publications Branch.

Rule Changes

Part 73 of title 47 of the Code of

Federal Regulations is amended 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, 336.

2. Section 73.213(a) is revised to read

as follows:

§ 73.213 Grandfathered short-spaced

stations.

(a) Stations at locations authorized

prior to November 16, 1964 that did not

meet the separation distances required

by § 73.207 and have remained

continuously short-spaced since that

time may be modified or relocated with

respect to such short-spaced stations,
50522 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

1 An authority citation denotes what statutory

provision(s) authorize the agency to adopt or

change the regulation(s) involved.

2 See 61 FR 54706 (October 21, 1996).

3 Cf. Cousins v. Secretary of Transp., 880 F.2d

603, 605 (1st Cir. 1989). We do not believe,

however, that it is necessary at this time to delete

APA references in authority citations that are

otherwise up-to-date.

4 In some cases, however, we have added

statutory authorities. In part 1246 (Number of

railroad employees), we are including a citation to

49 U.S.C. 11145 that pertains to rail carrier reports.

In part 1253 (rate-making organization; records and

reports), we are also adding a reference to 49 U.S.C.

11144, rail carrier records. We are also changing the

headings in parts 1037 and 1331, and have

modified part 1220 to remove obsolete references.

provided that no area previously

receiving interference-free service

would receive co-channel or firstadjacent channel interference as

predicted in accordance with paragraph

(a)(1) of this section, or that a showing

is provided pursuant to paragraph (a)(2)

of this section that demonstrates that the

public interest would be served by the

proposed changes.

(1) The F(50,50) curves in Figure 1 of

§ 73.333 are to be used in conjunction

with the proposed effective radiated

power and antenna height above average

terrain, as calculated pursuant to

§ 73.313(c), (d)(2) and (d)(3), using data

for as many radials as necessary, to

determine the location of the desired

(service) field strength. The F(50,10)

curves in Figure 1a of § 73.333 are to be

used in conjunction with the proposed

effective radiated power and antenna

height above average terrain, as

calculated pursuant to § 73.313(c), (d)(2)

and (d)(3), using data for as many

radials as necessary, to determine the

location of the undesired (interfering)

field strength. Predicted interference is

defined to exist only for locations where

the desired (service) field strength

exceeds 0.5 mV/m (54 dBu) for a Class

B station, 0.7 mV/m (57 dBu) for a Class

B1 station, and 1 mV/m (60 dBu) for any

other class of station.

(i) Co-channel interference is

predicted to exist, for the purpose of

this section, at all locations where the

undesired (interfering station) F(50,10)

field strength exceeds a value 20 dB

below the desired (service) F(50,50)

field strength of the station being

considered (e.g., where the protected

field strength is 60 dBu, the interfering

field strength must be 40 dBu or more

for predicted interference to exist).

(ii) First-adjacent channel interference

is predicted to exist, for the purpose of

this section, at all locations where the

undesired (interfering station) F(50,10)

field strength exceeds a value 6 dB

below the desired (service) F(50,50)

field strength of the station being

considered (e.g., where the protected

field strength is 60 dBu, the interfering

field strength must be 54 dBu or more

for predicted interference to exist).

(2) For co-channel and first-adjacent

channel stations, a showing that the

public interest would be served by the

changes proposed in an application

must include exhibits demonstrating

that the total area and population

subject to co-channel or first-adjacent

channel interference, caused and

received, would be maintained or

decreased. In addition, the showing

must include exhibits demonstrating

that the area and the population subject

to co-channel or first-adjacent channel

interference caused by the proposed

facility to each short-spaced station

individually is not increased. In all

cases, the applicant must also show that

any area predicted to lose service as a

result of new co-channel or firstadjacent-channel interference has

adequate aural service remaining. For

the purpose of this section, adequate

service is defined as 5 or more aural

services (AM or FM).

(3) For co-channel and first-adjacentchannel stations, a copy of any

application proposing interference

caused in any areas where interference

is not currently caused must be served

upon the licensee(s) of the affected

short-spaced station(s).

(4) For stations covered by this

paragraph (a), there are no distance

separation or interference protection

requirements with respect to secondadjacent and third-adjacent channel

short-spacings that have existed

continuously since November 16, 1964.

* * * * *

§ 73.4235 [Removed]

3. Section 73.4235 is removed.

[FR Doc. 97–25272 Filed 9–25–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[STB Ex Parte No. 571]

Revision of Authority Citations

AGENCY: Surface Transportation Board,

DOT.

ACTION: Final rules.

SUMMARY: The Surface Transportation

Board amends its regulations by

updating its authority citations.

EFFECTIVE DATE: These rules are effective

September 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. (TDD for

the hearing impaired: (202) 565–1695.)

SUPPLEMENTARY INFORMATION: The

Surface Transportation Board (Board) is

revising certain authority citations in

the Code of Federal Regulations (CFR) to

reflect statutory changes made by the

ICC Termination Act of 1995, Pub. L.

No. 104–88, 109 Stat. 803 (1995)

(ICCTA) and previous statutes.1 The

ICCTA abolished the Interstate

Commerce Commission (ICC),

established the Board to assume many

of the functions of the ICC, and made

substantial revisions to 49 U.S.C.

Subtitle IV. The revisions to subtitle IV

included both substantive changes and

a wholesale renumbering of individual

sections within subtitle IV. See H.R.

Rep. No. 104–422, 104th Cong., 1st Sess.

241–47 (1995) (table showing

disposition of individual statutory

provisions). Under section 204(a) of the

ICCTA, the regulations that had been

promulgated and administered by the

ICC, located at 49 CFR chapter X, were

transferred to the Board (except for parts

relating to functions transferred to the

Secretary of Transportation under the

ICCTA, which were transferred to the

Secretary of Transportation and have

since been moved to other chapters). 2 In

an ongoing effort to update the

regulations in chapter X, the Board has

removed many parts that had been

rendered obsolete by changes in the

governing statute; revised other parts to

conform to substantive changes in the

governing statute; and made wholesale

changes to the nomenclature of yet other

parts to reflect the elimination of the

ICC and the substitution of the Board.

The Board is now updating the

authority citations, as required by 1 CFR

21.41, for most parts within chapter X—

those which are not obsolete and have

not been addressed in other

proceedings—to reflect renumbering of

the underlying provisions in the

governing statute.

Under 1 CFR 21.40, the authority

citation must include the general or

specific authority delegated by statute.

We are deleting references to the

Administrative Procedure Act (APA),

because the APA does not provide an

independent basis of authority. 3

Some authority citations include only

a general or a specific authority, but not

both. See 49 CFR 1037 and 49 CFR

1302. We believe these to be legally

sufficient; as noted, under 1 CFR 21.40,

a general or specific authority is

required. Because we are merely

updating the authority citations to

remove obsolete statutory references, we

will generally not add authorities. 4