Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67331

Carrier Bureau, Federal

Communications Commission, 445

Twelfth Street, SW., Room 5–B540,

Washington, DC 20554. Such a

submission should be on a 3.5 inch

diskette formatted in an IBM-compatible

format using Microsoft Word 97 for

Windows or a compatible software. The

diskette should be accompanied by a

cover letter and should be submitted in

‘‘read-only’’ mode. The diskette should

be clearly labeled with the commenter’s

name, proceeding, including the lead

docket number in the proceeding (CC

Docket No. 96–45), type of pleading

(comment or reply comment), date of

submission, and the name of the

electronic file on the diskette. The label

should also include the following

phrase (‘‘Disk Copy Not an Original.’’)

Each diskette should contain only one

party’s pleadings, preferably in a single

electronic file. In addition, commenters

must send diskette copies to the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20037.

62. Written comments by the public

on the proposed and/or modified

information collections discussed in

this FNPRM are due November 30,

2000. Written comments must be

submitted by the Office of Management

and Budget (OMB) on the proposed and/

or modified information collections on

or before January 8, 2001. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collection(s) contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW., Washington, DC 20554, or

via the Internet to jboley@fcc.gov and to

Edward C. Springer, OMB Desk Officer,

10236 NEOB, 725 17th Street, NW.,

Washington, DC 20503, or via the

Internet to vhuth@omb.eop.gov.

IV. Ordering Clauses

63. Pursuant to the authority

contained in sections 1, 4(i), 4(j), 254,

and 403, of the Communications Act of

1934, as amended, that this Further

Notice of Proposed Rulemaking is

adopted, that Comments are Requested

as described, and that Notice is Hereby

Given of proposed amendments to parts

54 of the Commission’s rules, as

described in this Further Notice of

Proposed Rulemaking.

64. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this Further Notice of Proposed

Rulemaking, including the Initial

Regulatory Flexibility Analysis, to the

Chief Counsel for Advocacy of the Small

Business Administration.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–28728 Filed 11–8–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 00–44; FCC 00–343]

Extension of the Filing Requirement

for Children’s Television Programming

Reports (FCC Form 398)

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document seeks

comment on the tentative conclusion

that broadcasters who maintain internet

websites should be required to post

their completed quarterly Children’s

Television Programming Reports (FCC

Form 398) on these sites. The FCC 398

is required to be filed by commercial

television broadcast stations each

quarter. This form is used to provide

information on the efforts of commercial

television stations to provide children’s

educational and informational programs

aired to meet its obligation under the

Children’s Television Act of 1990

(CTA). Although the Children’s

Television Programming Reports are

available in a central location on the

FCC’s website, members of the public

may look first to their local broadcast

station for information about

programming at the station, making

station website posting useful.

DATES: Comments must be filed on or

before December 18, 2000; reply

comments must be filed on or before

January 17, 2001. Written comments by

the public on the proposed information

collections are due on or before

December 18, 2000. Written comments

must be submitted by the Office of

Management and Budget (PMB) on the

proposed information collection(s) on or

before January 8, 2001.

FOR FURTHER INFORMATION CONTACT: Kim

Matthews, Policy and Rules Division,

Mass Media Bureau, at (202) 418–2130,

TTY (202) 418–2989. For additional

information concerning the information

collection(s) contained in this

document, contact Judy Boley at 202–

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Further Notice of

Proposed Rule Making (‘‘FNPRM’’) in

MM Docket No. 00–44, FCC 00–343,

adopted on September 14, 2000, and

released on October 5, 2000. The full

text of this decision is available for

inspection and copying during regular

business hours in the FCC Reference

Center, 445 Twelfth Street, SW, Room

CY–A257, Washington DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 445 Twelfth Street, SW,

Room CY–B402, Washington DC. The

complete text is also available under the

file name fcc00343.pdf on the

Commission’s Internet site at

www.fcc.gov.

This document contains proposed

information collection(s) subject to the

Paperwork Reduction Act of 1995

(PRA). The general public and other

Federal agencies are invited to comment

on the proposed information collections

contained in this proceeding.

Electronic Access and Filing Addresses

Comments may be filed using the

Commission’s Electronic Comment

Filing System (ECFS) or by filing paper

copies via the Internet to http://

www.fcc.gov/e-file/ecfs.html. Parties

may also submit an electronic comment

by Internet e-mail. To get filing

instructions for e-mail comments,

commenters should send an e-mail to

ecfs@fcc.gov,, and should include the

following words in the body of the

message, ‘‘get form, <your e-mail

address>.’’ A sample form and

directions will be sent in reply.

Paperwork Reduction Act

This document contains a proposed

information collection. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public and the Office

of Management and Budget (OMB) to

comment on the information

collection(s) contained in the FNPRM,

as required by the Paperwork Reduction

Act of 1995, Public Law 104–13. Public

and agency comments are due at the

same time as other comments on this

FNPRM; OMB comments are due

January 8, 2001. Comments should

address (a) whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Commission, including

whether the information shall have

practical utility; (b) ways to enhance the

quality, utility, and clarity of the

information collected; (c) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

67332 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules

collection techniques or other forms of

information technology.

OMB Control Number: 3060–XXXX.

Title: FNPRM—Extension of the

Filing Requirement for Children’s

Television Programming Reports.

Form No: FCC Form 398.

Type of Review: revision of existing

collection.

Respondents: business or other forprofit.

Number of respondents: 1,250.

Estimated Time Per Response: 6

hours.

Total Annual Burden: 30,000 hours.

Total Annual Costs: $489,600.

The estimated time, burden and costs

are based upon the existing burdens for

the FCC 398. This burden could

increase depending on what

requirements are ultimately adopted.

Needs and Uses: The FCC 398 is

required to be filed by commercial

television broadcast stations each

quarter. This form is used to provide

information on the efforts of commercial

television stations to provide children’s

educational and informational programs

aired to meet its obligation under the

Children’s Television Act of 1990

(CTA). The FCC 398 facilitates

consistency of reporting among all

licensees and assist in efforts by the

public and the Commission to monitor

station compliance with the CTA. The

FNPRM seeks comments on whether

broadcasters should be required to

provide their completed Children’s

Television Programming Reports at their

own websites. Depending on what

requirements are ultimately adopted,

there may be an increase in the burden

for this form.

Synopsis of Further Notice of Proposed

Rulemaking

1. We tentatively conclude that if a

broadcaster maintains a website, it must

post its quarterly report on that site at

the same time that it places it in the

station’s public file. Although the

Children’s Television Programming

Reports are available in a central

location on the FCC’s website, we

believe that members of the public may

look first to their local broadcast station,

rather than the Commission, for

information about the programming of

the station. Our inclination is to allow

stations, at their option, either to post

the quarterly reports on the station’s

own internet website, or to create a link

on the station’s website directly to

either the FCC’s children’s television

webpage or to the station’s most recent

quarterly report on the FCC’s children’s

television website. We note that NAB

argues that it may cost stations more to

provide the required form at their

websites. Allowing stations simply to

create a link to the FCC’s website

provides a less costly alternative. This

option also responds to NAB’s concern

about any unnecessary duplication of

effort associated with making the

reports available both on the FCC’s and

the station’s websites. Broadcasters

must currently retain a paper copy of

the report in their station public

inspection file until final action has

been taken on the station’s next renewal

of license. We seek comment on

whether broadcasters that elect to

maintain the reports on their own

station websites should be required to

maintain these reports on the website

until final action has been taken on the

station’s next license renewal

application.

2. Because the Commission’s own

website provides a central location

where the public can access reports

from all stations in their community and

across the country, we want to ensure

that the information on our website is

easily accessible by the public. In

response to a request from CME et al.,

the Commission staff has created a link

directly from its internet homepage to

its children’s television webpage. We

note that interested organizations can

create links directly from their own

websites to our children’s television

website if they choose.

Administrative Matters

3. Comments and Reply Comments.

Pursuant to §§ 1.415 and 1.419 of the

Commission’s rules, §§ 1.415, 1.419,

interested parties may file comments on

or before December 18, 2000 and reply

comments on or before January 17,

2001. Comments may be filed using the

Commission’s Electronic Filing System

(ECFS) or by filing paper copies. See

Electronic Filing of Documents in

Rulemaking Proceedings, 63 FR 24121

(1998).

4. Comments filed through the ECFS

can be sent as an electronic file via the

Internet to <http://www.fcc.gov/e-file/

ecfs.html>. Generally, only one copy of

an electronic submission must be filed.

If multiple docket or rulemaking

numbers appear in the caption of this

proceeding, however, commenters must

transmit one electronic copy of the

comments to each docket or rulemaking

number referenced in the caption. In

completing the transmittal screen,

commenters should include their full

name, postal service mailing address,

and the applicable docket or rulemaking

number. Parties may also submit an

electronic comment by Internet e-mail.

To get filing instructions for e-mail

comments, commenters should send an

e-mail to ecfs@fcc.gov, and should

include the following words in the body

of the message, ‘‘get form, <your e-mail

address.’’ A sample form and directions

will be sent in reply.

5. Parties who choose to file by paper

must file an original and four copies of

each filing. If more than one docket or

rulemaking number appear in the

caption of this proceeding, commenters

must submit two additional copies for

each additional docket or rulemaking

number. All filings must be sent to the

Commission’s Secretary, Magalie Roman

Salas, Office of the Secretary, Federal

Communications Commission, 445

Twelfth Street, S.W.; TW–A325,

Washington, DC 20554.

6. Parties who choose to file by paper

should also submit their comments on

diskette. These diskettes should be

submitted to: Wanda Hardy, 445

Twelfth Street, S.W.; 2–C221,

Washington, DC 20554. Such a

submission should be on a 3.5 inch

diskette formatted in an IBM compatible

format using WordPerfect 5.1 for

Windows or compatible software. The

diskette should be accompanied by a

cover letter and should be submitted in

‘‘read only’’ mode. The diskette should

be clearly labeled with the commenter’s

name, proceeding (including the docket

number (MM Docket No. 00–44), type of

pleading (comment or reply comment),

date of submission, and the name of the

electronic file on the diskette. The label

should also include the following

phrase ‘‘Disk Copy—Not an Original.’’

Each diskette should contain only one

party’s pleadings, preferably in a single

electronic file. In addition, commenters

must send diskette copies to the

Commission’s copy contractor,

International Transcription Service,

Inc., 445 Twelfth Street, S.W.; CY–B402,

Washington, DC 20554.

7. Ex Parte Rules. This is a permit-butdisclose notice and comment

rulemaking proceeding. Ex parte

presentations are permitted except

during the Sunshine Agenda period,

provided they are disclosed as provided

in the Commission’s Rules. See

generally 47 CFR 1.1202, 1.1203, and

1.1206(a).

8. Initial Regulatory Flexibility

Analysis. With respect to the FNPRM,

an Initial Regulatory Flexibility

Analysis (‘‘IRFA’’). As required by

section 603 of the Regulatory Flexibility

Act, the Commission has prepared an

IRFA of the expected impact on small

entities of the proposals contained in

this FNPRM. Written public comments

are requested on the IRFA. In order to

fulfill the mandate of the Contract With

America Advancement Act of 1996

regarding the Final Regulatory

Flexibility Analysis, we ask a number of

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules 67333

questions in our IRFA regarding the

prevalence of small business in the

television broadcasting industry.

Comments on the IRFA must be filed in

accordance with the same filing

deadlines as comments on the FNPRM,

but they must have a distinct heading

designating them as responses to the

IRFA. The Commission’s Consumer

Information Bureau shall send a copy of

this FNPRM, including the IRFA, to the

Chief Counsel for Advocacy of the Small

Business Administration in accordance

with section 603(a) of the Regulatory

Flexibility Act, Public Law 96–354, 94

Stat. 1164, 5 U.S.C. 601 et seq. (1981),

as amended.

9. Initial Paperwork Reduction Act

Analysis. This FNPRM may contain

either proposed or modified information

collections. As part of our continuing

effort to reduce paperwork burdens, we

invite the general public to take this

opportunity to comment on the

information collections contained in

this FNPRM, as required by the

Paperwork Reduction Act of 1996.

Public and agency comments are due at

the same time as other comments on the

FNPRM. Comments should address: (a)

whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) ways to enhance the quality, utility,

and clarity of the information collected;

and (c) ways to minimize the burden of

the collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

In addition to filing comments with the

Secretary, a copy of any comments on

the information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, 445 Twelfth Street, S.W.,

Room C–1804, Washington, DC 20554,

or via the Internet to jboley@fcc.gov and

to Edward Springer, OMB Desk Officer,

10236 NEOB, 725 17th Street, NW,

Washington, DC 20503 or via the

Internet to

edward.springer@omb.eop.gov.

Initial Regulatory Flexibility Analysis

10. As required by the Regulatory

Flexibility Act, 5 U.S.C. 603 (‘‘RFA’’),

the Commission has prepared an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) of the expected impact on

small entities of the proposals contained

in the attached FNPRM. Written public

comments are requested with respect to

the IRFA. These comments must be filed

in accordance with the same filing

deadlines for comments on the rest of

the FNPRM, but they must have a

separate and distinct heading,

designating the comments as responses

to the IRFA. The Commission shall send

a copy of this FNPRM, including the

IRFA, to the Chief Counsel for Advocacy

of the Small Business Administration in

accordance with the RFA, 5 U.S.C.

603(a).

a. Reasons Why Agency Action is

Being Considered. Our goal in

commencing this proceeding is to seek

comment on the tentative conclusion to

require commercial television

broadcasters that maintain a website to

post their quarterly Children’s

Television Programming Reports on that

site at the same time that they place the

reports in the station’s public inspection

file. We also seek comment on whether

broadcasters should be required to

maintain the reports on the website

until final action has been taken on the

station’s next license renewal.

b. Need For and Objectives of the

Proposed Rule Changes. Although the

Children’s Television Programming

Reports are available in a central

location on the FCC’s website, the FCC

believes that members of the public may

look first to their local broadcast station,

rather than the Commission, for

information about the programming of

the station. We invite comment on this

view and ask commenters to provide

detailed information on any costs or

other burdens associated with requiring

those stations that maintain websites to

post their quarterly reports on the sites.

c. Legal Basis. Authority for the

actions proposed in the FNPRM may be

found in sections 4(i) and 303, 307, and

336(d) of the Communications Act of

1934, as amended, 47 U.S.C. 154(i), 303,

307, and 336(d), and in the Children’s

Television Act of 1990.

d. Recording, Recordkeeping, and

Other Compliance Requirements. The

FNPRM invites comment on the

tentative conclusion to require

commercial television broadcasters that

maintain a website to post their

quarterly Children’s Television

Programming Reports on that site at the

same time that they place the reports in

the station’s public inspection file. We

also seek comment on whether

broadcasters should be required to

maintain the reports on the website

until final action has been taken on the

station’s next license renewal.

e. Federal Rules that Overlap,

Duplicate, or Conflict with the Proposed

Rules. The rules under consideration in

this proceeding do not overlap,

duplicate, or conflict with any other

rules.

f. Description and Estimate of the

Number of Small Entities to Which the

Rules Would Apply. Under the RFA,

small entities may include small

organizations, small businesses, and

small governmental jurisdictions. 5

U.S.C. 601(6). The RFA, 5 U.S.C. 601(3),

generally defines the term ‘‘small

business’’ as having the same meaning

as the term ‘‘small business concern’’

under the Small Business Act, 15 U.S.C.

632. 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’’). 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.

Small TV Broadcast Stations. The

SBA defines small television

broadcasting stations as television

broadcasting stations with $10.5 million

or less in annual receipts. BIA Research

Inc. reports that 784 out of 1221

commercial television stations (64%)

have annual revenues of less than $10.5

million.

The requirement to prepare quarterly

Children’s Television Programming

Reports applies to commercial broadcast

television stations. Thus, we estimate

that 784 or fewer commercial TV

broadcast stations are small businesses,

as defined by the SBA.

g. Any Significant Alternatives

Minimizing the Impact on Small Entities

and Consistent with the Stated

Objectives: The RFA requires an agency

to describe any significant alternatives

that it has considered in reaching its

proposed approach, which may include

the following four alternatives (among

others): (1) The establishment of

differing compliance or reporting

requirements or timetables that take into

account the resources available to small

entities; (2) the clarification,

consolidation, or simplification of

compliance or reporting requirements

under the rule for small entities; (3) the

use of performance, rather than design,

standards; and (4) an exemption from

coverage of the rule, or any part thereof,

for small entities. 5 U.S.C. 603( c).

11. This FNPRM invites comment

generally on the tentative conclusion to

require commercial television

broadcasters that maintain a website to

post their quarterly Children’s

Television Programming Reports on that

site at the same time that they place the

reports in the station’s public inspection

67334 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Proposed Rules

file. We also seek comment on whether

broadcasters should be required to

maintain the reports on the website

until final action has been taken on the

station’s next renewal license. We seek

comment on whether there is a

significant economic impact on any

class of small licensees as a result of any

of these proposals. Any significant

alternatives presented in the comments

will be considered.

Ordering Clauses

12. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this FNPRM, including the Initial and

Final Regulatory Flexibility Act

Analyses, to the Chief Counsel for the

Small Business Administration.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rules

Part 73 of title 47 of the U.S. Code of

Federal Regulations is proposed to be

amended to read 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 and 336.

2. Section 73.3526 is amended by

revising paragraph (e)(11)(iii) to read as

follows:

§ 73.3526 Local public inspection file of

commercial stations.

* * * * *

(e) * * *

(11) * * *

(iii) Children’s television

programming reports. For commercial

TV broadcast stations, on a quarterly

basis, a completed Children’s Television

Programming Report (‘‘Report’’), on FCC

Form 398, reflecting efforts made by the

licensee during the preceding quarter,

and efforts planned for the next quarter,

to serve the educational and

informational needs of children. The

Report for each quarter is to be placed

in the public inspection file by the tenth

day of the succeeding calendar quarter.

By this date, a copy of the Report for

each quarter is also to be filed

electronically with the FCC. The Report

shall identify the licensee’s educational

and informational programming efforts,

including programs aired by the station

that are specifically designed to serve

the educational and informational needs

of children, and it shall explain how

programs identified as Core

Programming meet the definition set

forth in § 73.671(c). The Report shall

include the name of the individual at

the station responsible for collecting

comments on the station’s compliance

with the Children’s Television Act, and

it shall be separated from other

materials in the public inspection file.

The Report shall also identify the

program guide publishers to which

information regarding the licensee’s

educational and informational

programming was provided as required

in § 73.673(b), as well as the station’s

license renewal date. These Reports

shall be retained in the public

inspection file until final action has

been taken on the station’s next license

renewal application. Licensees shall

publicize in an appropriate manner the

existence and location of these Reports.

* * * * *

[FR Doc. 00–28611 Filed 11–8–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AG15

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period and Notice of Availability of

Draft Economic Analysis for Proposed

Critical Habitat Determination for the

Arroyo Southwestern Toad

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period and notice of

availability of draft economic analysis.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces the

availability of a draft economic analysis

for the proposed designation of critical

habitat for the arroyo southwestern toad

(Bufo microscaphus californicus). We

are also providing notice of the

reopening of the comment period for the

proposal to designate critical habitat for

the arroyo southwestern toad to allow

all interested parties to submit written

comments on the proposal and on the

draft economic analysis. Comments

previously submitted need not be

resubmitted as they will be incorporated

into the public record as a part of this

reopened comment period and will be

fully considered in the final rule.

DATES: The original comment period on

the critical habitat proposal closed on

August 7, 2000. The comment period is

again reopened and we will accept

comments until December 11, 2000.

Comments must be received by 5:00

p.m. on the closing date. Any comments

that are received after the closing date

may not be considered in the final

decision on this proposal.

ADDRESSES: Copies of the draft

economic analysis are available on the

Internet at ‘‘www.r1.fws.gov’’ or by

writing to the Field Supervisor, U.S.

Fish and Wildlife Service, Ventura Fish

and Wildlife Office, 2394 Portola Road,

Suite B, Ventura, California 93003. All

written comments should be sent to the

Field Supervisor at the above address.

You may also send comments by

electronic mail (e-mail) to

‘‘fw1artoch@r1.fws.gov.’’ Please submit

electronic comments in ASCII file

format and avoid the use of special

characters and encryption. Please

include ‘‘Attn: RIN 1018–AG15’’ and

your name and return address in your

e-mail message. If you do not receive a

confirmation from the system that we

have received your e-mail message,

contact us directly by calling our

Ventura Fish and Wildlife Office at

phone number 805–644–1766.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above Service address.

FOR FURTHER INFORMATION CONTACT:

Field Supervisor, Ventura Fish and

Wildlife Office, at the above address

(telephone 805–644–1766; facsimile

805–644–3958).

SUPPLEMENTARY INFORMATION:

Background

The arroyo southwestern toad (Bufo

microscaphus californicus) is one of

three members of the southwestern toad

(B. microscaphus) complex, in the

family of true toads, Bufonidae. The

arroyo toad is a small (adult length 55–

82 millimeters (2–3 inches), darkspotted toad, with females larger than

males. The arroyo toad is found in

coastal and desert drainages from

Monterey County, California, south into

northwestern Baja California, Mexico.

These systems are inherently quite

dynamic, with marked seasonal and

annual fluctuations in climatic regimes,

particularly rainfall. Natural climatic

variations as well as other random

events, such as fires and floods, coupled

with the species’ specialized habitat

requirements, lead to annual

fluctuations in arroyo toad populations.

Extensive habitat loss as a result of

agriculture and urbanization, and the

construction, operation, and

maintenance of water storage reservoirs,