5778 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

shall display prominently in the upper

right hand corner of the letter of

transmittal a statement that the filing is

made pursuant to that section and

whether it is being filed on 7- or 15-

days’ notice.

(e) In addition to the requirements set

forth in paragraph (a) of this section,

any carrier filing a new or revised tariff

made on 15 days’ notice or less shall

include in the letter of transmittal, the

name, room number, street address,

telephone number, and facsimile

number of the individual designated by

the filing carrier to receive personal or

facsimile service of petitions against the

filing as required under § 1.773(a)(4) of

this chapter.

6. Section 61.49 is amended by

adding new paragraph (l) to read as

follows:

§ 61.49 Supporting information to be

submitted with letters of transmittal for

tariffs of carriers subject to price cap

regulation.

* * * * *

(l) In accordance with §§ 61.41

through 61.49, local exchange carriers

subject to price cap regulation that elect

to file their annual access tariff pursuant

to section 204(a)(3) of the

Communications Act shall submit

supporting material for their interstate

annual access tariffs, absent rate

information, 90 days prior to July 1 of

each year.

7. New section 61.51 is added to part

61 under the heading ‘‘Specific Rules

for Tariff Publications’’ to read as

follows:

§ 61.51 LEC tariff filings requirements

pursuant to section 204(a)(3) of the

Communications Act.

(a) Local exchange carriers may file

tariffs pursuant to section 204(a)(3) of

the Communications Act. Such tariffs

shall be filed in accordance with the

notice periods set forth in § 61.58(d).

(b) Local exchange carriers may elect

not to file any tariffs pursuant to section

204(a)(3) of the Communications Act

that may be eligible for filing under that

section. Any such tariffs not filed

pursuant to section 204(a)(3) of the

Communications Act shall be filed in

accordance with the notice

requirements of §§ 61.23 and 61.58.

(c) Local exchange carrier tariff filings

pursuant to section 204(a)(3) must

comply with the requirements of

§§ 61.38, 61.39, and 61.41 through

61.50.

(d) Local exchange carriers subject to

price cap regulation that elect to file

their annual access tariff pursuant to

section 204(a)(3) of the Communications

Act shall submit support material for

their interstate annual access tariffs, in

accordance with § 61.49(l).

8. Section 61.52 is amended by

adding new paragraph (c) to read as

follows:

§ 61.52 Form, size, type, legibility, etc.

* * * * *

(c) Local exchange carriers shall file

all tariff publications and associated

documents, such as transmittal letters,

requests for special permission, and cost

support documents, electronically in

accordance with the requirements

established by the Chief, Common

Carrier Bureau.

9. Section 61.58 is amended by

revising paragraph (a)(2), redesignating

paragraphs (d) and (e) as paragraphs (e)

and (f), and adding new paragraph (d)

to read as follows:

§ 61.58 Notice requirements.

(a) * * *

(2) Except for tariffs filed pursuant to

section 204(a)(3) of the Communications

Act, the Chief, Common Carrier Bureau,

may require the deferral of the effective

date of any tariff filing made on less

than 120-days’ notice, so as to provide

for a maximum of 120-days’ notice, or

of such other maximum period of notice

permitted by section 203(b) of the

Communications Act, regardless of

whether petitions under § 1.773 of this

chapter have been filed.

* * * * *

(d) Tariffs filed pursuant to section

204(a)(3) of the Communications Act.

Local exchange carriers filing tariffs

pursuant to section 204(a)(3) of the

Communications Act may file the tariff

on 7-days’ notice if it proposes only rate

decreases. Any other tariff filed

pursuant to section 204(a)(3) of the

Communications Act, including those

that propose a rate increase or any

change in terms and conditions of

service other than a rate change, shall be

filed on 15-days’ notice.

[FR Doc. 97–3113 Filed 2–6–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 93–316, RM–8403, RM–

8576]

Radio Broadcasting Services; Douglas,

Tifton and Unionville, GA

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: This document denies the

petition for reconsideration filed by

Tifton Broadcasting Corporation and

affirms our action in the Report and

Order 60 FR 37597 (July 21, 1995)

which substituted Channel 223C3 for

Channel 223A at Douglas, Georgia,

reallotted Channel 223C3 from Douglas

to Tifton, Georgia, and modified the

construction permit for Station

WKZZ(FM) accordingly. With this

action, this proceeding is terminated.

EFFECTIVE DATE: February 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Authur D. Scrutchins, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 93–316, adopted January 24,

1997 and released January 31, 1997. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Roomm 239),

1919 M St, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 97–3118 Filed 2–6–97; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 96–209; RM–8885]

Radio Broadcasting Services; Belview,

MN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 290A to Belview,

Minnesota, as that community’s first

local broadcast service in response to a

petition filed by Harbor Broadcasting,

Inc. See 61 FR 55124, October 24, 1996.

The coordinates for Channel 290A at

Belview are 44–42–08 and 95–14–46.

There is a site restriction 12.4

kilometers (7.7 miles) northeast of the

community. With this action, this

proceeding is terminated.

DATES: Effective March 17, 1997. The

window period for filing applications

for Channel 290A at Belview,

Minnesota, will open on March 17,

1997, and close on April 17, 1997.
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5779

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–209,

adopted January 24, 1997, and released

January 31, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 2100 M

Street, NW., Suite 140, Washington, DC.

20037, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Minnesota, is

amended by adding Belview, Channel

290A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–3115 Filed 2–6–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF DEFENSE

48 CFR Parts 212, 225, 244, and 252

[DFARS Case 96–D333]

Defense Federal Acquisition

Regulation Supplement; Application of

Berry Amendment

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to implement Section 8109 of

the National Defense Appropriations

Act for Fiscal Year 1997. Section 8109

provides that, in applying the Berry

Amendment (10 U.S.C. 2241 note), the

term ‘‘synthetic fabric and coated

synthetic fabric’’ shall be deemed to

include all textile fibers and yarns that

are for use in such fabrics; and that the

domestic source restrictions of the Berry

Amendment shall apply to contracts

and subcontracts for the procurement of

commercial items.

DATE: Effective date: February 7, 1997.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before April 8, 1997, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Amy Williams, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax number (703) 602–0350. Please

cite DFARS Case 96–D333 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule amends the DFARS

to implement Section 8109 of the

National Defense Appropriations Act for

Fiscal Year 1997 (Pub. L. 104–208). This

rule extends the application of the Berry

Amendment domestic source

restrictions to textile fibers and yarns

that are for use in synthetic fabric and

coated synthetic fabric; requires

flowdown of the Berry Amendment

restrictions to subcontracts for the

procurement of commercial items; and

clarifies the application of Berry

Amendment restrictions through the use

of Federal supply classification codes.

B. Regulatory Flexibility Act

This interim rule is expected to have

a significant positive economic impact

on a substantial number of small entities

within the meaning of the Regulatory

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

Initial Regulatory Flexibility Analysis

has been prepared and is summarized as

follows:

This interim rule amends the DFARS

to implement Section 8109 of the

National Defense Appropriations Act for

Fiscal Year 1997 (Pub. L. 104–208). The

aspect of the rule that is expected to

benefit small entities is the requirement

for flowdown of the Berry Amendment

restrictions to subcontracts for the

procurement of commercial items. In

particular, this rule will lessen foreign

competition in commercial subcontracts

for the acquisition of items containing

cotton and other natural fiber products

or wool (whether in the form of fiber or

yarn or contained in fabrics, materials,

or manufactured articles); woven silk or

woven silk blends; spun silk yarn for

cartridge cloth; canvas products; and

certain specialty metals. Statistics are

not readily available pertaining to the

number of subcontracts for the

acquisition of such items awarded to

small entities under DoD prime

contracts. This rule contains no new

reporting, recordkeeping, or other

compliance requirements for large or

small entities; and does not duplicate,

overlap, or conflict with any other

Federal rules. The rule is expected to

have a positive impact on domestic

sources of certain commodities and,

therefore, applies equally to both large

and small entities. There are no

practical alternatives that will meet the

statutory requirements implemented in

this rule.

A copy of the Initial Regulatory

Flexibility Analysis has been submitted

to the Chief Counsel for Advocacy of the

Small Business Administration.

Interested parties may obtain a copy of

the analysis from the address specified

herein. Comments are invited from

small businesses and other interested

parties. Comments from small entities

concerning the affected DFARS subparts

also will be considered in accordance

with 5 U.S.C. 610. Such comments

should be submitted separately and

should cite DFARS Case 96–D333 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this interim rule does

not contain any information collection

requirements that require approval of

the Office of Management and Budget

under 44 U.S.C. 3501, et seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

that urgent and compelling reasons exist

to publish this interim rule prior to

affording the public an opportunity to

comment. This action is necessary

because Section 8109 of the National

Defense Appropriations Act for Fiscal

Year 1997 (Pub. L. 104–208) was

effective upon enactment on September

30, 1996. Comments received in

response to the publication of this

interim rule will be considered in

formulating the final rule.

List of Subjects in 48 CFR Parts 212,

225, 244, and 252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 212, 225, 244,

and 252 are amended as follows: