65780 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules

Federal Register to the Office of

Management and Budget for review and

approval. This NPRM does not contain

collection of information as defined in

the Paperwork Reduction Act and

implementing regulations.

List of Subjects in 45 CFR Part 1302

Education of disadvantaged, Grant

programs—social programs, Selection of

grantees.

(Catalog of Federal Domestic Assistance

Program Number 93.600, Project Head Start)

Dated: November 24, 1997.

Olivia A. Golden,

Assistant Secretary for Children and Families.

For the reasons set forth in the

Preamble, 45 CFR Part 1302 is proposed

to be amended as follows:

1. The Authority citation for Part 1302

continues to read as follows:

Authority: 42 U.S.C. 9801 et seq.

PART 1302—POLICIES AND

PROCEDURES FOR SELECTION,

INITIAL FUNDING, AND REFUNDING

OF HEAD START GRANTEES, AND

FOR SELECTION OF REPLACEMENT

GRANTEES

2. Section 1302.2 is amended by

adding a definition for ‘‘Indian Tribe’’ to

read as follows:

§ 1302.2 Definitions.

* * * * *

Indian tribe means any tribe, band,

nation, pueblo, or other organized group

or community of Indians, including any

Native village described in section 3(c)

of the Alaska Native Claims Settlement

Act (43 U.S.C. 1602(c)) or established

pursuant to such Act (43 U.S.C. 1601 et

seq.) that is recognized as eligible for

special programs and services provided

by the United States to Indians because

of their status as Indians.

* * * * *

3. A new Subpart D, containing new

sections 1302.30, 1302.31, and 1302.32,

is added to read as follows:

Subpart D—Replacement of Indian

Tribal Grantees

§ 1302.30 Procedure for identification of

alternative agency.

(a) An Indian tribe whose Head Start

grant has been terminated, or which has

been denied refunding as a Head Start

grantee, may identify an agency and

request the responsible HHS official to

designate such agency as an alternative

agency to provide Head Start services to

the tribe if:

(1) The tribe was the only agency that

was receiving federal financial

assistance to provide Head Start services

to members of the tribe; and

(2) The tribe would be otherwise

precluded from providing such services

to its members because of the

termination or denial of refunding.

(b)(1) The responsible HHS official,

when notifying a tribal grantee of the

intent to terminate financial assistance

or deny its application for refunding,

must notify the grantee that it may

identify an agency and request that the

agency serve as the alternative agency in

the event that the grant is terminated or

refunding denied.

(2) The tribe must identify the

alternate agency to the responsible HHS

official, in writing, within the time for

filing an appeal under 45 CFR Part 1303.

(3) The responsible HHS official will

notify the tribe, in writing, whether the

alternative agency proposed by the tribe

is found to be eligible for Head Start

funding and capable of operating a Head

Start program. If the alternative agency

identified by the tribe is not an eligible

agency capable of operating a Head Start

program, the tribe will have 15 days

from the date of the sending of the

notification to that effect from the

responsible HHS official to identify

another agency and request that the

agency be designated. The responsible

HHS official will notify the tribe in

writing whether the second proposed

alternate agency is found to be an

eligible agency capable of operating the

Head Start program.

(4) If the tribe does not identify a

suitable alternative agency, a

replacement grantee will be designated

under these regulations.

(c) If the tribe appeals a termination

of financial assistance or a denial of

refunding, it will, consistent with the

terms of 45 CFR Part 1303, continue to

be funded pending resolution of the

appeal. However, the responsible HHS

official and the grantee will proceed

with the steps outlined in this

regulation during the appeal process.

(d) If the tribe does not identify an

agency and request that the agency be

appointed as the alternative agency, the

responsible HHS official will seek a

permanent replacement grantee under

these regulations.

§ 1302.31 Requirements of alternative

agency.

The agency identified by the Indian

tribe must establish that it meets all

requirements established by the Head

Start Act and these requirements for

designation as a Head Start grantee and

that it is capable of conducting a Head

Start program. The responsible HHS

official, in deciding whether to

designate the proposed agency, will

analyze the capacity and experience of

the agency according to the criteria

found in section 641(d) of the Head

Start Act and §§ 1302.10(b) (1) through

(b)(5) and 1302.11 of this part.

§ 1302.32 Alternative agency—prohibition.

(a) No agency will be designated as

the alternative agency pursuant to this

Subpart if the agency includes an

employee who:

(1) Served on the administrative or

program staff of the Indian tribal

grantee, and

(2) Was responsible for a deficiency

that:

(i) Relates to the performance

standards or financial management

standards described in the Head Start

Act; and

(ii) Was the basis for the termination

or denial of refunding described in

§ 1302.30 of this part.

(b) The responsible HHS official shall

determine whether an employee was

responsible for a deficiency within the

meaning and context of this section.

[FR Doc. 97–32748 Filed 12–15–97; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 21 and 74

[MM Docket No. 97–217; DA 97–2547]

MDS and ITFS Two-Way

Transmissions

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: In this Order Extending Time

for Filing Comments and Reply

Comments (‘‘Order’’), comment is

sought on additional proposals for

amendment of the Commission’s rules

to enable Multipoint Distribution

Service (‘‘MDS’’) and Instructional

Television Fixed Service (‘‘ITFS’’)

licensees to engage in fixed two-way

transmissions. In addition, the comment

period in this docket is extended in

order to allow for proper consideration

of the proposals.

DATES: Comments must be filed on or

before January 8, 1998, and reply

comments on or before February 9,

1998. Written comments by the public

on the Initial Regulatory Flexibility

Analysis are due January 8, 1998.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Washington, D.C.

20554.

FOR FURTHER INFORMATION CONTACT:

Michael J. Jacobs, (202) 418–7066 or
Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65781

Dave Roberts, (202) 418–1600, Video

Services Division, Mass Media Bureau.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Order

Extending Time for Filing Comments

and Reply Comments, MM Docket No.

97–217, adopted and released December

5, 1997. The full text of this Order 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 copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

N.W., Washington, D.C. 20036.

Synopsis of Order Extending Time for

Filing Comments and Reply Comments

1. This Order was issued in response

to a request filed by the Catholic

Television Network (‘‘CTN’’) for a

supplemental period to comment on the

Commission’s Notice of Proposed

Rulemaking in this docket. MDS and

ITFS Two-Way Transmissions, 62 FR

60025 (Nov. 6, 1997), as corrected, 62

FR 60750 (Nov. 12, 1997). Expressing

concern that the proposed rules would

create a potential for ‘‘brute force

overload’’ interference from response

stations to nearby non-co- nor adjacent

channel ITFS receive sites, CTN argued

that a two-way system should be

implemented only if sufficient

frequency separation is provided

between ‘‘downstream’’ and ‘‘upstream’’

transmissions. CTN proposed to

‘‘refarm’’ the E, F, G and H channel

groups to create a band of contiguous

ITFS spectrum at 2500–2620 MHz and

a band of contiguous spectrum for

response transmissions at 2644–2690

MHz, making available up to 24 MHz for

downstream MDS operations as a guard

band. ITFS G channel licensees would

be allowed to (i) consent to their

channels being used as response

channels, so long as they satisfy ITFS

programming requirements on other

system channels; (ii) request relocation

of some or all of their channels to vacant

or vacated ITFS frequencies, or to MDS

Channels E1–2 and F1–2; or (iii) enter

into a shared-time agreement with

another ITFS licensee, under which

both licensees could use the G channels

as response channels and the partner’s

channels for ITFS programming

requirements. CTN added that the 125

KHz channels should be reallocated to

ITFS and used only as response

channels. CTN suggested that its

proposal would reduce harmful

interference potential, encourage

efficient spectrum usage, and preserve

the spectrum reservation for ITFS.

2. The parties who commenced this

proceeding (‘‘Petitioners’’) filed a

response countering that other solutions

to brute force interference may be more

efficient, such as rendering the response

hub licensee responsible to either cure

any brute force interference to protected

ITFS receive sites or to cease operating

the offending transceiver. Regarding

CTN’s proposal, Petitioners disagreed

with its limits on the location of

response channels, and further

disagreed that refarming only should

occur where the ITFS G channels

licensee voluntarily agrees.

3. Given the recent submission of

CTN’s proposal and its potential

importance to this proceeding, and the

complexity of CTN’s proposal and of the

other issues involved in this proceeding,

interested parties are afforded an

additional 30 days in which to file

comments and reply comments.

4. Authority. This Order is issued

pursuant to authority contained in

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

Communications Act of 1934, as

amended, 47 USC §§ 154(i) and 303(r),

and §§ 0.204(b), 0.283, and 1.45 of the

Commission’s rules, 47 CFR 0.204(b),

0.283, and 1.45.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 97–32800 Filed 12–15–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–180; RM–9104]

Radio Broadcasting Services;

Hawthorne, WI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document denies the

petition filed by Burce F. Elving

proposing the allotment of Channel

293A to Hawthorne, Wisconsin, as that

community’s first local service. See 62

FR 44434, August 21, 1997. Petitioner

failed to provide sufficient information

showing that Hawthorne meets the

Commission’s requirements with

respect to community status for

allotment purposes. The Commission

also dismissed a counterproposal filed

by WTRW, Incorporated seeking the

allotment of Channel 293A at Superior,

Wisconsin, as being technically

deficient. With this action, this

proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–180,

adopted November 19, 1997, and

released December 5, 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., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800;

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–32708 Filed 12–15–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–235, RM–9187]

Radio Broadcasting Services; Pecos

and Wink, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Ronald

W. Latimer requesting the reallotment of

Channel 247C1 from Pecos to Wink,

Texas, and the modification of Station

KKLY(FM)’s construction permit to

specify Wink as its community of

license. Channel 247C1 can be allotted

to Wink in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 36.7 kilometers (22.8

miles) southeast. The coordinates for

Channel 247C1 at Wink are 31–28–16

NL and 102–57–28 WL. Since Wink is

located within 230 kilometers (199

miles) of the U.S.-Mexican border,

concurrence by the Mexican

government has been requested. In

accordance with the provision of

Section 1.420(i) of the Commission’s

Rules, we will not accept competing

expressions of interest in use of Channel

247C1 at Wink.