Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules 38357

comment on whether the definition of

gathering should be modified to address

this situation.

MMS requests comments on the

revisions to the second supplementary

proposed rule (63 FR 6113) including

this notice or any other comments you

may want to submit on this proposed

rule. If you have commented already on

other portions of the rule, you do not

need to resubmit those comments since

they are already part of the rulemaking

record. MMS will respond to comments

in the final rule.

List of Subjects in 30 CFR Part 206

Coal, Continental Shelf, Geothermal

energy, Government contracts,

Indians—lands, Mineral royalties,

Natural gas, Petroleum, Public lands—

mineral resources, Reporting and

recordkeeping requirements.

Dated: July 14, 1998.

Sylvia V. Baca,

Acting Assistant Secretary, Land and

Minerals Management.

For the reasons set forth in the

preamble, the second supplementary

proposed rule published at 63 FR 6113

on February 6, 1998, amending 30 CFR

Part 206, is further amended as follows:

PART 206—PRODUCT VALUATION

1. The Authority citation for Part 206

continues to read as follows:

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C.

396 et seq., 396a et seq., 2101 et seq.; 30

U.S.C. 181 et seq., 351 et seq. 1001 et seq.

1701 et seq.; 31 U.S.C. 9701, 43 U.S.C. 1301

et seq. 1331 et seq., and 1801 et seq.

Subpart C—Federal Oil

2. Section 206.101 as proposed to be

revised at 63 FR 6113 is further

amended by revising the following

definition to read as follows:

§ 206.101 Definitions

Affiliate means a person who

controls, is controlled by, or is under

common control with another person.

(1) For this subpart, based on

ownership of an entity’s voting

securities, interest in a partnership or

joint venture, or other forms of

ownership:

(i) Ownership greater than 50 percent

constitutes control;

(ii) Ownership of 10 through 50

percent creates a presumption of

control; and

(iii) Ownership of less than 10 percent

creates a presumption of noncontrol that

MMS may rebut if it demonstrates

actual or legal control, including but not

limited to interlocking directorates.

(2) MMS may require the lessee to

certify the percentage of ownership.

Aside from the percentage ownership

criteria, relatives, either by blood or

marriage, are affiliates.

3. Section 206.102 as proposed to be

revised at 63 FR 6113 is further

amended by revising paragraphs (c)(2)

and (c)(3) to read as follows:

§ 206.102 How do I calculate royalty value

for oil that I or my affiliate sell under an

arm’s-length contract?

* * * * *

(c) * * *

(2) You must value the oil under

§ 206.103 if MMS determines that the

value under paragraph (a) of this section

does not reflect the reasonable value of

the production due to either:

(i) Misconduct by or between the

parties to the arm’s-length contract; or

(ii) Breach of your duty to market the

oil for the mutual benefit of yourself and

the lessor. MMS will not use this

provision to dispute lessees’ marketing

decisions made reasonably and in good

faith. It will apply only when a lessee

or its affiliate inappropriately sells its

oil at a price substantially below market

value.

(3) You must use § 206.103 to value

oil disposed of under an exchange

agreement. However, if you enter into a

single arm’s-length exchange agreement,

and following that exchange you

dispose of the oil received in the

exchange in a transaction to which

paragraph (a) of this section applies,

then you must value the oil under

paragraph (a) of this section. Adjust that

value for any location or quality

differential or other adjustments you

received or paid under the arm’s-length

exchange agreement(s). But if MMS

determines that any arm’s-length

exchange agreement does not reflect

reasonable location or quality

differentials, MMS may require you to

value the oil under § 206.103. If you

enter into more than one sequential

exchange agreement to dispose of your

production, you must use § 206.103 to

value that production.

* * * * *

[FR Doc. 98–19135 Filed 7–15–98; 8:45 am]

BILLING CODE 4310–MR–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR PARTS 73 and 74

[MM Docket No. 98–98; FCC 98–130]

Call Sign Assignments for Broadcast

Stations

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: In this Notice of Proposed

Rulemaking (NPRM), the Federal

Communications Commission proposes

to modify its practices and procedures

regarding the assignment of call signs

for radio and television broadcast

stations. Pursuant to these proposals,

the Commission’s existing manual

procedures will be replaced by an online system for the electronic

preparation and submission of requests

for the reservation and authorization of

new and modified call signs.

DATES: Comments are due on or before

August 17, 1998, and reply comments

are due on or before August 31, 1998.

Written comments by the public on the

proposed information collections are

due August 17, 1998.

ADDRESSES: Comments and reply

comments should be sent to the Office

of the Secretary, Federal

Communications Commission, 1919 M

Street, N.W., Washington, DC 20554. 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, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to jboley@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725–17th Street, N.W.,

Washington DC 20503, or via the

Internet to fainlt@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

James J. Brown or Jerianne Timmerman

at (202) 418–1600. For additional

information concerning the information

collections contained in this NPRM

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

via the Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION:

Synopsis of Notice of Proposed

Rulemaking

In this Notice of Proposed

Rulemaking (NPRM), the Federal

Communications Commission is

proposing to modify its practices and

procedures regarding the assignment of

call signs to radio and television

broadcast stations. Pursuant to this

proposal, the Commission’s existing

manual procedures will be replaced by

an on-line system for the electronic

preparation and submission of requests

for the reservation and authorization of

new and modified call signs. Because

the Commission believes that the new

electronic call sign reservation and

authorization system will significantly

improve service to all radio and

television broadcast station licensees

and permittees, the NPRM requests
38358 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules

1 We tentatively believe 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 in this

NPRM on small television and radio stations. For

purposes of this NPRM, however, we will utilize the

SBA’s definition in determining the number of

small businesses to which the proposed rules

would apply. We reserve the right to adopt a more

suitable definition of ‘‘small business’’ as applied

to radio and television broadcast stations subject to

the proposed rules in this NPRM, and to consider

further in the future the issue of the number of

radio and television broadcasters that are small

entities.

comment on whether licensees and

permittees should be required to utilize

the system to make call sign requests.

However, as the Commission is

sensitive to the possible inconveniences

that mandatory use of the new

electronic system could impose on

certain licensees and permittees, the

NPRM also seeks comment on whether

use of the on-line system should be

permissive, rather than mandatory, for

certain licensees and permittees, or

whether, if mandatory, the Commission

should phase in such a requirement.

The complete text of this NPRM is

available for inspection and copying

during normal business hours in the

Federal Communications Commission

Reference Center (Room 239), 1919 M

Street, N.W., Washington, D.C., and it

may be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036, (202) 857–

3800.

Paperwork Reduction Act

This NPRM contains proposed

information collections subject to the

Paperwork Reduction Act of 1995

(PRA), Public Law No. 104–13. It has

been submitted to the Office of

Management and Budget (OMB) for

review under section 3507(d) of the

PRA. The Commission, as part of its

continuing effort to reduce paperwork

burdens, invites OMB, the general

public and other Federal agencies to

comment on the proposed information

collections contained in this NPRM, as

required by the PRA. Public and agency

comments are due at the same time as

other comments on this NPRM; OMB

comments are due 60 days from date of

publication of this NPRM in the Federal

Register. 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) the accuracy of the Commission’s

burden estimates; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) 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.

OMB Approval Number: 3060–0188.

Title: Call Sign Reservation and

Authorization System.

Form No.: FCC 380.

Type of Review: Revision of a

currently approved collection.

Respondents: Businesses or other forprofit, Not-for-profit institutions, state,

local or tribal government.

Number of Respondents: 1,400.

Estimated Time Per Response: 0.166

hours–0.25 hours.

Frequency of Response: On occasion

reporting requirement.

Cost to Respondents: $108,500

(attorney fees).

Total Annual Burden: 291.

Needs and Uses: With the adoption of

this NPRM, the Commission is

proposing to modify its practices and

procedures with regard to the

assignment of call signs to radio and

television broadcast stations by

implementing an on-line call sign

reservation and authorization system.

The call sign reservation and

authorization system would be used by

permittees, licensees or persons acting

on their behalf to determine the

availability of a call sign and to request

an initial call sign or change an existing

call sign.

Initial Regulatory Flexibility Act

Analysis

1. As required by the Regulatory

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

the Commission has prepared this

present Initial Regulatory Flexibility

Analysis (IRFA) of the possible

significant economic impact on small

entities by the policies and rules

proposed in this NPRM. Written public

comments are requested on this IRFA.

Comments must be identified as

responses to the IRFA and must be filed

by the deadlines for comments of the

NPRM. The Office of Public Affairs,

Reference Operations Division will send

a copy of the NPRM, including this

IRFA, to the Chief Counsel for Advocacy

of the Small Business Administration.

See 5 U.S.C. 603(a).

2. Need For and Objectives of the

Proposed Rules. With this NPRM, the

Commission commences a proceeding

to modify its procedures regarding the

assignment of call signs for radio and

television broadcast stations. By

replacing its existing manual procedures

with a new on-line system for the

electronic preparation and submission

of requests for new and modified call

signs, the Commission will enhance the

speed and certitude of radio and

television broadcast station call sign

assignments, while at the same time

conserving Commission resources. The

proposed implementation of the on-line

call sign system will serve the

Commission’s goals of improving

service to all broadcast stations

licensees and permittees and

maximizing efficiency in the use of

Commission resources. This review is

taken in conjunction with the

Commission’s 1998 biennial regulatory

review. Although Congress did not

mandate this area of review, the

Commission nonetheless undertakes it

to assure that its rules and processes are

no more regulatory than necessary to

achieve Commission goals.

3. Legal Basis. Authority for the

actions proposed in this NPRM may be

found in sections 4(i), 4(j) and 303 of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j) and

303.

4. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rules Will 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.’’ 1

5. The proposed rules and policies

will apply to television broadcasting

licensees and permittees and radio

broadcasting licensees and permittees.

The Small Business Administration

defines a television broadcasting station

that has no more than $10.5 million in

annual receipts as a small business.

Television broadcasting stations consist

of establishments primarily engaged in

broadcasting visual programs by

television to the public, except cable

and other pay television services.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules 38359

Included in this industry are

commercial, religious, educational, and

other television stations. Also included

are establishments primarily engaged in

television broadcasting and which

produce taped television program

materials. Separate establishments

primarily engaged in producing taped

television program materials are

classified under another SIC number.

There were 1,509 television stations

operating in the nation in 1992. That

number has remained fairly steady as

indicated by the approximately 1,569

operating television stations in the

nation as of January 31, 1998. For 1992,

the number of television stations that

produced less than $10.0 million in

revenue was 1,155 establishments.

6. Additionally, the Small Business

Administration defines a radio

broadcasting station that has no more

than $5 million in annual receipts as a

small business. A radio broadcasting

station is an establishment primarily

engaged in broadcasting aural programs

by radio to the public. Included in this

industry are commercial, religious,

educational, and other radio stations.

Radio broadcasting stations that

primarily are engaged in radio

broadcasting and that produce radio

program materials are similarly

included. However, radio stations that

are separate establishments and are

primarily engaged in producing radio

program material are classified under

another SIC number. The 1992 Census

indicates that 96% (5,861 of 6,127) radio

station establishments produced less

than $5 million in revenue in 1992.

Official Commission records indicate

that 11,334 individual radio stations

were operating in 1992. As of January

31, 1998, official Commission records

indicate that 12,241 radio stations were

operating, of which 7,488 were FM

stations.

7. Thus, the proposed rules will affect

many of the approximately 1,569

television stations, approximately 1,208

of which are considered small

businesses. Additionally, the proposed

rules will affect some of the 12,241

radio stations, approximately 11,751 of

which are small businesses. These

estimates may overstate the number of

small entities since the revenue figures

on which they are based do not include

or aggregate revenues from nontelevision or non-radio affiliated

companies.

8. Description of Projected Recording,

Recordkeeping, and Other Compliance

Requirements. The measures proposed

in the NPRM would reduce the burdens

on broadcast station licensees and

permittees applying for or requesting a

change in their station call signs. The

proposal to replace the current manual

call sign assignment process with an

entirely electronic system would reduce

the overall administrative burden upon

both broadcast licensees and the

Commission. Given the expected

benefits of the new electronic system,

we seek comment on whether to require

all broadcast licensees and permittees to

utilize the system to make call sign

requests, and also seek comment as to

whether to do so on a phased-in basis.

We note that such a phased-in

procedure has been used elsewhere with

regard to electronic filing of

applications so as to benefit small

businesses. We believe that utilization

of the new on-line system will, among

other things, increase the speed and

certitude of the call sign assignment

process, conserve Commission

resources, and aid licensees and

permittees by informing them of errors

in their call sign requests before they are

actually sent. The measures proposed in

the NPRM do not alter the Commission’s

current rules and policies regarding call

signs (such as what constitutes a valid

call sign), but modify the procedures by

which call signs are assigned.

9. Steps Taken to Minimize

Significant Economic Impact on Small

Entities and Significant Alternatives

Considered. This NPRM solicits

comments regarding the implementation

of the Mass Media Bureau’s new on-line

call sign reservation system. Given the

expected benefits of the new electronic

system for both broadcast station

licensees and the Commission, we seek

comment on whether all broadcast

licensees and permittees should be

required to utilize the system for

reserving call signs. We also ask for

comment on other alternatives,

including exempting certain licensees

and permittees (such as small entities)

from a requirement to use the electronic

system or providing for a phase-in

period before mandating use of the new

system. Any significant alternatives

presented in the comments will be

considered.

10. Federal Rules that Overlap,

Duplicate, or Conflict with the Proposed

Rules. The initiatives and proposed

rules raised in this proceeding do not

overlap, duplicate or conflict with any

other rules.

11. Comments and Reply Comments.

Pursuant to applicable procedures set

forth in sections 1.415 and 1.419 of the

Commission’s Rules, 47 CFR 1.415 and

1.419, interested parties may file

comments on or before August 17, 1998

and reply comments on or before

August 31, 1998. To file formally in this

proceeding, you must file an original

plus six copies of all comments, reply

comments, and supporting comments. If

you want each Commissioner to receive

a personal copy of your comments, you

must file an original plus eleven copies.

You should send comments and reply

comments to the Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Washington, DC

20554. Comments and reply comments

will be available for public inspection

during regular business hours in the

FCC Reference Center (Room 239), 1919

M Street, Washington, DC 20554. 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, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to jboley@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725 – 17th Street, N.W.,

Washington, DC 20503 or via the

Internet to fainlt@al.eop.gov.

12. Ex parte Rules. This proceeding

will be treated as a ‘‘permit-butdisclose’’ proceeding subject to the

‘‘permit-but-disclose’’ requirements

under section 1.1206(b) of the rules. See

47 CFR 1.1206(b), as revised. Ex parte

presentations are permissible if

disclosed in accordance with the

Commission’s rules, except during the

Sunshine Agenda period when

presentations, ex parte or otherwise, are

generally prohibited. Persons making

oral ex parte presentations are reminded

that a memorandum summarizing a

presentation must contain a summary of

the substance of the presentation and

not merely a listing of the subjects

discussed. More than a one or twosentence description of the views and

arguments presented is generally

required. See 47 CFR 1.1206(b)(2), as

revised. Additional rules pertaining to

oral and written presentations are set

forth in section 1.1206(b).

13. Authority for issuance of this

NPRM contained in sections 4(i), 4(j)

and 303 of the Communications Act of

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

154(j) and 303.

List of Subjects in 47 CFR parts 73 and

74

Radio broadcasting, Reporting and

recordkeeping requirements, Television

broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Proposed Rule Changes

For the reasons discussed in the

preamble, parts 73 and 74 of Title 47 of
38360 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules

the Code of Federal Regulations are

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, and

336.

2. Section 73.3550 is revised to read

as follows:

§ 73.3550 Requests for new or modified

call sign assignments.

(a) All requests for new or modified

call sign assignments for radio and

television broadcast stations shall be

made via the FCC’s on-line call sign

reservation and authorization system

accessible through the Internet’s World

Wide Web by specifying http://

www.fcc.gov. Licensees and permittees

may utilize this on-line system to

determine the availability and licensing

status of any call sign; to select an initial

call sign for a new station; to change a

station’s currently assigned call sign; to

modify an existing call sign by adding

or deleting an ‘‘-FM’’ or ‘‘-TV’’ suffix; to

exchange call signs with another

licensee or permittee in the same

service; or to reserve a different call sign

for a station being transferred or

assigned.

(b) No request for an initial call sign

assignment will be accepted from a

permittee for a new radio or full-service

television station until the FCC has

granted a construction permit. Each

such permittee shall request the

assignment of its station’s initial call

sign expeditiously following the grant of

its construction permit. All initial

construction permits for low power TV

stations will be issued with a fivecharacter low power TV call sign, in

accordance with § 74.783(d).

(c) Following the filing of a transfer or

assignment application, the proposed

assignee/transferee may request a new

call sign for the station whose license or

construction permit is being transferred

or assigned. No change in call sign

assignment will be effective until such

transfer or assignment application is

granted by the FCC and notification of

consummation of the transaction is

received by the FCC.

(d) Where an application is granted by

the FCC for transfer or assignment of the

construction permit or license of a

station whose existing call sign

conforms to that of a commonly-owned

station not part of the transaction, the

new licensee of the transferred or

assigned station shall expeditiously

request a different call sign, unless

consent to retain the conforming call

sign has been obtained from the primary

holder and from the licensee of any

other station that may be using such

conforming call sign.

(e) Call signs beginning with the letter

‘‘K’’ will not be assigned to stations

located east of the Mississippi River, nor

will call signs beginning with the letter

‘‘W’’ be assigned to stations located west

of the Mississippi River.

(f) Only four-letter call signs (plus an

LP suffix or FM or TV suffixes, if used)

will be assigned.

However, subject to the other

provisions of this section, a call sign of

a station may be conformed to a

commonly owned station holding a

three-letter call sign assignment (plus

FM, TV or LP suffixes, if used).

(g) Subject to the foregoing

limitations, applicants may request call

signs of their choice if the combination

is available. Objections to the

assignment of requested call signs will

not be entertained at the FCC. However,

this does not hamper any party from

asserting such rights as it may have

under private law in some other forum.

Should it be determined by an

appropriate forum that a station should

not utilize a particular call sign, the

initial assignment of a call sign will not

serve as a bar to the making of a

different assignment.

(h) Stations in different broadcast

services (or operating jointly in the 535–

1605 kHz band and in the 1605–1705

kHz band) which are under common

control may request that their call signs

be conformed by the assignment of the

same basic call sign if that call sign is

not being used by a non-commonly

owned station. For the purposes of this

paragraph, 50% or greater common

ownership shall constitute a prima facie

showing of common control.

(i) The provisions of this section shall

not apply to International broadcast

stations or to stations authorized under

Part 74 of the rules (except as provided

in § 74.783 of this chapter).

(j) A change in call sign assignment

will be made effective on the date

specified in the postcard acknowledging

the assignment of the requested new call

sign and authorizing the change. Unless

the requested change in call sign

assignment is subject to a pending

transfer or assignment application, the

requester is required to include in its

on-line call sign request a specific

effective date to take place within 45

days of the submission of its electronic

call sign request. Postponement of the

effective date will be granted only in

response to a timely request and for

only the most compelling reasons.

(k) Four-letter combinations

commencing with ‘‘W’’ or ‘‘K’’ which

are assigned as call signs to ships or to

other radio services are not available for

assignment to broadcast stations, with

or without the ‘‘-FM’’ or ‘‘-TV’’ suffix.

(l) Users of nonlicensed, low-power

devices operating under Part 15 of the

FCC rules may use whatever

identification is currently desired, so

long as propriety is observed and no

confusion results with a station for

which the FCC issues a license.

(m) Where a requested call sign,

without the ‘‘-FM,’’ ‘‘-TV’’ or ‘‘-LP’’

suffix, would conform to the call sign of

any other non-commonly owned

station(s) operating in a different

service, an applicant utilizing the online reservation and authorization

system will be required to certify that

consent to use the secondary call sign

has been obtained from the holder of the

primary call sign.

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

3. The authority citation for part 74

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307, and

554.

4. Section 74.783 is amended by

revising paragraph (e) to read as follows:

§ 74.783 Station identification.

* * * * *

(e) Low power TV permittees or

licensees may request that they be

assigned four-letter call signs in lieu of

the five-character alpha-numeric call

signs described in paragraph (d) of this

section. Parties requesting four-letter

call signs are to follow the procedures

delineated in § 73.3550. Such four-letter

call signs shall begin with K or W;

stations west of the Mississippi River

will be assigned an initial letter K and

stations east of the Mississippi River

will be assigned an initial letter W. The

four-letter call sign will be followed by

the suffix ‘‘-LP.’’

* * * * *

[FR Doc. 98–18887 Filed 7–15–98; 8:45 am]

BILLING CODE 6712–01–P

OFFICE OF PERSONNEL

MANAGEMENT

48 CFR Parts 1609, 1632, 1652

RIN 3206–AI16

Federal Employees Health Benefits

Program Improving Carrier

Performance; Conforming Changes

AGENCY: Office of Personnel

Management.