Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51051

Authority: 46 U.S.C. 2213, 3102, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 193.01–3 [Amended]

228. § 193.01–3(b), under the entry for

American Society for Testing and

Materials, remove the words ‘‘1916 Race

Street, Philadelphia, PA 19103’’ and

add, in their place, the words ‘‘100 Barr

Harbor Drive, West Conshohocken, PA

19428–2959’’.

PART 194—HANDLING, USE, AND

CONTROL OF EXPLOSIVES AND

OTHER HAZARDOUS MATERIALS

229. The authority citation for 194

continues to read as follows:

Authority: 46 U.S.C. 2103, 2113, 3306; 49

U.S.C. App. 1804; E.O. 12234, 45 FR 58801,

3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

§ 194.05–3 [Amended]

230. In § 194.05–3(b), add ‘‘(G-MSO)’’

immediately following the word

‘‘Commandant’’.

§ 194.05–7 [Amended]

231. In § 194.05–7(c)(1), remove the

number ‘‘176.83’’ and add, in its place,

the number ‘‘176.144’’.

§ 194.10–35 [Amended]

232. In § 194.10–35(e), remove the

number ‘‘176.150’’ and add, in its place,

the number ‘‘176.137’’.

PART 195—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

233. The authority citation for part

195 continues to read as follows:

Authority: 46 U.S.C. 2113, 3306; 49 U.S.C.

App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.46.

§ 195.01–3 [Amended]

234. In § 195.01–3(b), under the entry

for American Society for Testing and

Materials, remove the words ‘‘1916 Race

St., Philadelphia, PA 19103’’ and add,

in their place, the words ‘‘100 Barr

Harbor Drive, West Conshohocken, PA

19428–2959’’.

PART 199—LIFESAVING APPLIANCES

AND ARRANGEMENTS

235. The authority citation for part

199 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 46 CFR

1.46.

§ 199.05 [Amended]

236. In § 199.05(b), under the entry for

American Society for Testing and

Materials (ASTM), remove the words

‘‘1916 Race Street, Philadelphia, PA

19103’’ and add, in their place, the

words ‘‘100 Barr Harbor Drive, West

Conshohocken, PA 19428–2959’’; and

under the entry for International

Maritime Organization (IMO), add the

words ‘‘Publications Section’’

immediately before the words ‘‘4 Albert

Embankment’’ and remove the word

‘‘England’’ and add, in its place, the

words ‘‘United Kingdom’’.

Dated: September 19, 1997.

R.C. North,

Rear Admiral, U. S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–25573 Filed 9–29–97; 8:45 am]

BILLING CODE 4910–14–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0 and 1

[DA 97–1994]

Commission Organization and Agency

Practice and Procedure

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications

Commission is amending part 1 of the

Commission’s Rules to remove specific

references which are either superseded

by the Office of Government Ethics’

regulations or which are rendered

obsolete because there is no equivalent

language in the revised statute. The

Commission is also amending part 0 to

correct an oversight in the functions of

the Managing Director and authority

delegated to the General Counsel to

clarify that the Designated Agency

Ethics Official is responsible for making

determinations concerning waivers of

section 4(b) of the Communications Act

and the Federal conflict of interest

statutes.

EFFECTIVE DATE: September 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Sharon B. Kelley, Office of General

Counsel, (202) 418–1720.

SUPPLEMENTARY INFORMATION:

Adopted: September 15, 1997.

Released: September 16, 1997.

1. The rule changes below remove

from part 1 of the Commission’s rules

on Commission Practice and Procedure

specific references to 18 U.S.C. § 207

which are either superseded by the

Office of Government Ethics’ (OGE’s)

regulations found at 5 CFR 2641, or

rendered obsolete because there is no

equivalent language in revised 18 U.S.C.

§ 207.

2. There have been several significant

amendments to 18 U.S.C. § 207. Under

the Ethics Reform Act of 1989, Public

Law 101–194 (1989), sections 207 (g)

and (j) were removed. A subsequent

amendment to section 207(c)(2)(A)(ii)

substituted ′′level 5 of the Senior

Executive Service’’ for ‘‘level 5 of the

Executive Schedule’’ and an

amendment to section 207(j) provided

an additional exception from the oneyear bar found at 18 U.S.C. §§ 207 (c)

and (d) for certain political activity by

senior Federal employees. OGE

Reauthorization Act of 1996, Public Law

104–179, §§ 5, 6 (1996). Because the

references to section 207 contained in

part 0 of the Commission’s rules have

been superseded by OGE regulations or

made obsolete by subsequent changes to

section 207, we are removing them

herein.

3. In compliance with the OGE’s new

government-wide Standards of Ethical

Conduct (5 CFR 2635), on July 20, 1994,

the Commission adopted an Order

delegating authority to the General

Counsel to assume the responsibilities

of serving as the Commission’s

Designated Agency Ethics Official

(DAEO). 59 FR 39703 (August 4, 1994),

9 FCC Rcd. 3596 (1994); 5 CFR

2638.201–2638.202; 47 CFR 0.251(a).

Although determinations concerning

waivers of the applicability of section

4(b) of the Communications Act and the

Federal conflict of interest statutes (i.e.,

18 U.S.C. §§ 203, 205 and 208) fall

within the broad delegated authority

given to the DAEO, see 5 CFR 2638.201,

corresponding revisions were not made

to the functions of the Office of the

Managing Director and authority

delegated to the General Counsel in part

0 of the Commission’s rules. 47 CFR

0.11(a) (9)and 0.251. To correct this

oversight, we are amending these

sections to reflect that the DAEO is

responsible for making determinations

concerning waivers of section 4(b) of the

Communications Act and the Federal

conflict of interest statutes.

4. The revisions adopted in this Order

apply to internal rules of agency

personnel organization, management,

practice and procedure for which notice

and comment is not required. 5 U.S.C.

§§ 553 (a)(2), (b)(3)(A) and (d).

5. Accordingly, effective upon

publication in the Federal Register,

parts 0 and 1 of the Commission’s rules,

as set forth below, pursuant to the

authority contained in sections 4(i), 5(c)

and 303(r) of the Communications Act,

47 U.S.C. §§ 154(i), 155(c) and 303(r),

and section 0.231(b) of the

Commission’s regulations, 47 CFR

0.231(b).
51052 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

List of Subjects

47 CFR Part 0

Commission Organization.

47 CFR Part 1

Practice and Procedure.

Federal Communications Commission.

Andrew S. Fishel,

Managing Director.

Rule Changes

Parts 0 and 1 of Title 47 of the Code

of Federal Regulations are amended as

follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

§ 0.11 Functions of the office.

2. In § 0.11, remove and reserve

paragraph (a)(9).

§ 0.231 Authority delegated.

3. In § 0.231, remove and reserve

paragraphs (c) and (f).

§ 0.251 Authority delegated.

4. In § 0.251, add new paragraph (i) to

read as follows:

* * * * *

(i) The General Counsel is delegated

authority to make determinations

regarding and waive the applicability of

section 4(b) of the Communications Act

(47 U.S.C. § 154(b)) and the Federal

conflict of interest statutes (18 U.S.C.

§§ 203, 205 and 208).

PART 1—PRACTICE AND

PROCEDURE

5. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 207, 303 and

309(j) unless otherwise noted.

§ 1.25 [Removed and Reserved]

6. Section 1.25 is removed and

reserved.

§ 1.28 [Removed and Reserved]

7. Section 1.28 is removed and

reserved.

§ 1.29 [Removed and Reserved]

8. Section 1.29 is removed and

reserved.

[FR Doc. 97–25853 Filed 9–29–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 73, and 74

[MM Docket No. 96–58, FCC 97–290]

Certain Minor Changes in Broadcast

Facilities Without a Construction

Permit

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Report and Order (R&O)

in MM Docket No. 96–58 adopts

proposals made by the Commission in

the Notice of Proposed Rulemaking (61

FR 15439, April 8, 1996) in this

proceeding to streamline the

Commission’s rules and processes

applicable to broadcast stations. These

rule and process changes eliminate the

construction permit requirement for

certain minor changes to broadcast

facilities, replacing the present two-step

construction permit/license application

process with a one-step modification-oflicense application, filed after the

broadcaster has implemented the

permitted changes. The types of

modifications permitted under the new

process were chosen so that interference

to other facilities would not be created

by the changes. Additional rules

sections were revised to make

clarifications and to conform the rules

to present policy.

EFFECTIVE DATE: December 1, 1997.

FOR FURTHER INFORMATION CONTACT: Dale

Bickel, Mass Media Bureau, Audio

Services Division, (202) 418–2720, or

via the Internet at dbickel@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. 96–58,

adopted August 14, 1997, and released

August 22, 1997. The complete text of

this Report and Order, 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, 1231

20th Street, N.W., Washington, DC

20036. The complete text is also

available as a Word Perfect 5.1 file

through the Internet at http://

www.fcc.gov/Bureaus/MasslMedia/

Orders/1997/fcc97290.wp .

Synopsis of the Report and Order

1. The rule and procedure changes

adopted in the Report and Order in MM

Docket 96–58 were enabled by Congress’

change, at the Commission’s request, of

Section 403(m) in the Communications

Act in its Telecommunications Act of

1996. Subsequently, in the Notice of

Proposed Rulemaking, the Commission

proposed to eliminate the requirement

for a construction permit in certain

instances of modifications to broadcast

facilities, replacing the two-step

construction permit/application process

with a single step modification of

license application, which would be

filed by the permittee or licensee of the

station once the permitted modifications

had been made.

2. The circumstances in which ‘‘one

step’’ modifications may be made

through the filing of a license

application are as follows, briefly:

(1) Most commercial FM stations

which comply with § 73.207 spacing

rules with respect to all other stations,

and which are not operating with the

maximum permitted facilities, may

increase effective radiated power (ERP)

to the maximum permitted for the

station class.

(2) Commercial FM stations and most

TV stations presently operating with

zero or reduced vertically polarized

power, may increase the vertically

polarized ERP up to the authorized

horizontal ERP without a construction

permit.

(3) Noncommercial educational FM

stations presently operating with zero or

reduced vertically polarized ERP may

also increase the vertical ERP up to the

authorized horizontal ERP, provided

that the FM station is not located within

a specified radius of a TV Channel 6

station.

(4) Decreases in ERP will be permitted

for FM stations, provided that the

required coverage to the community of

license is maintained.

(5) The § 73.215 contour protection

designation for an FM commercial

station may be deleted where a shortspaced station has moved away,

allowing the contour protection station

to become licensed per § 73.207.

(6) If an FM or TV antenna is

replaced, or for installation of a new

antenna, the applicant may mount the

antenna up to 2 meters above or 4

meters below the value specified on its

license or construction permit.

(7) FM and TV directional antennas

may be replaced under certain

circumstances.

(8) Former licensed main auxiliary

applications for FM and TV stations

may be relicensed as auxiliary (backup)