Federal Register / Vol. 60, No. 93 / Monday, May 15, 1995 / Rules and Regulations 25851

Veterans’ Appeals (Board) with respect

to evidence accepted by the Board after

transfer of the record to the Board to

specify that an appellant’s

representative may waive the right to

have such evidence referred to the

agency of original jurisdiction. This

amendment is necessary because there

has been confusion as to whether such

a waiver may only be made by an

appellant. This amendment is intended

to provide clarification and to be

consistent with general principles

permitting use of representatives by VA

claimants. Also, this amendment will

help expedite the handling of appeals.

EFFECTIVE DATE: May 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Steven L. Keller, Counsel to the

Chairman, Board of Veterans’ Appeals,

Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC

20420; (202) 233–2978.

SUPPLEMENTARY INFORMATION: The Board

provides final appellate review within

the Department of Veterans Affairs (VA)

of questions of law and fact relating to

benefit determinations concerning

veterans, their dependents, and their

survivors. This document amends the

Board’s Rules of Practice, which are set

forth at 38 CFR Part 20.

When a case is appealed to the Board

the evidence of record is transferred to

the Board for review. After the record

has been transferred to the Board,

additional evidence may be received

and accepted by the Board under

§ 20.1304 of the Board’s Rules of

Practice and § 19.37(b) of the Board’s

Appeals Regulations (38 CFR Part 19).

With respect to such ‘‘additional

evidence,’’ 38 CFR 20.1304(c),

immediately prior to the effective date

of this document, stated:

(c) Consideration of additional evidence by

agency of original jurisdiction. Any pertinent

evidence submitted by the appellant or

representative which is accepted by the

Board under the provisions of this section, as

well as any such evidence referred to the

Board by the originating agency under

§ 19.37(b) of this chapter, must be referred to

the agency of original jurisdiction for review

and preparation of a Supplemental Statement

of the Case unless this procedural right is

waived by the appellant or unless the Board

determines that the benefit, or benefits, to

which the evidence relates may be allowed

on appeal without such referral. Such waiver

must be in writing or, if a hearing on appeal

is conducted, formally entered on the record

orally at the time of the hearing.

This document amends § 20.1304(c)

to specify that the appellant ‘‘or

representative,’’ and not solely the

appellant, may waive the right to have

the additional evidence referred to the

‘‘agency of original jurisdiction for

review and preparation of a

Supplemental Statement of the Case.’’

This amendment is necessary because

there has been confusion as to whether

such a waiver may only be made by an

appellant. This amendment is intended

to provide clarification and to be

consistent with general principles

permitting use of representatives by VA

claimants. Also, this amendment will

help expedite the handling of appeals.

This final rule concerns agency

procedure or practice and,

consequently, pursuant to 5 U.S.C. 553

is exempt from notice and comment

requirements.

The Secretary hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This rule will

affect VA beneficiaries and will not

affect small businesses. Therefore,

pursuant to 5 U.S.C. 605(b), this final

rule is exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

List of Subjects in 38 CFR Part 20

Administrative practice and

procedure, Claims, Lawyers, Legal

services, Veterans.

Approved: May 2, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR Part 20 is amended as

set forth below:

PART 20—BOARD OF VETERANS’

APPEALS: RULES OF PRACTICE

1. The authority citation for part 20

continues to read as follows:

Authority: 38 U.S.C. 501(a).

§ 20.1304 [Amended]

2. In § 20.1304, the first sentence in

paragraph (c) is amended by adding ‘‘or

representative’’ immediately after

‘‘unless this procedural right is waived

by the appellant’’.

[FR Doc. 95–11888 Filed 5–12–95; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–224; RM–8291, 8325,

8358, 8360]

Radio Broadcasting Services; Bismark,

Centerville, Farmington, Ironton, MO,

and Herrin, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

258C3 to Bismarck, Missouri, as that

community’s first local service, in

response to a counterproposal filed by

KREI, Inc. See 58 FR 42522, August 10,

1993. The coordinates for Channel

258C3 are 37–38–43 and 90–32–54.

There is a site restriction 15.3

kilometers (9.5 miles) southeast of the

community. The counterproposal filed

by Wayne E. Tate for Ironton, Missouri,

and Herrin, Illinois, has been dismissed

(RM–8325). The counterproposal filed

by Wayne E. Tate and David E. Smith

Communications, Inc. for Ironton,

Missouri, Herrin, Illinois and

Centerville, Missouri, has been

dismissed (RM-8360). The petition filed

by KREI, Inc. for Farmington, Missouri,

has been dismissed (RM-8291). With

this action, this proceeding is

terminated.

DATES: Effective June 23, 1995. The

window period for filing applications

for Channel 258C3 at Bismarck,

Missouri, will open on June 23, 1995,

and close on July 24, 1995.

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. 93–224,

adopted May 1, 1995, released May 9,

1995. 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, D.C. 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, D.C. 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:
25852 Federal Register / Vol. 60, No. 93 / Monday, May 15, 1995 / Rules and Regulations

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 Missouri, is amended

by adding Bismarck, Channel 258C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–11818 Filed 5–12–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 92–202; RM–8051]

Radio Broadcasting Services;

Newberry Springs, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

279A to Newberry Springs, California,

as that community’s first local aural

transmission service, in response to a

petition for rule making filed on behalf

of Hills Broadcasting. See 57 F 41719,

September 11, 1992. Coordinates used

for Channel 279A at Newberry Springs

are 34–49–42 and 116–41–12. As

Newberry Springs is located within 320

kilometers (199 miles) of the United

States-Mexico border, concurrence of

the Mexican government in this

proposal was obtained. With this action,

the proceeding is terminated.

DATES: Effective June 23, 1995. The

window period for filing applications

for Channel 279A at Newberry Springs,

California, will open on June 23, 1995,

and close on July 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process for

Channel 279A at Newberry Springs

should be addressed to the Audio

Services Division, FM Branch, (202)

418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 92–202,

adopted May 1, 1995, and released May

9, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, located at

1919 M Street, NW, Room 246, or 2100

M Street, NW, Suite 140, Washington,

D.C. 20037.

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:

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 California, is

amended by adding Newberry Springs,

Channel 279A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–11819 Filed 5–12–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 93–274; RM–8372]

Radio Broadcasting Services; Ely, NV

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Keith E. Lamonica, allots

Channel 243A to Ely, NV, as the

community’s third local FM service. See

58 FR 63319, December 1, 1993.

Channel 243A can be allotted to Ely in

compliance with the Commission’s

minimum distance separation

requirements without the imposition of

a site restriction, at coordinates North

Latitude 39–14–51 and West Longitude

114–53–16. With this action, this

proceeding is terminated.

DATES: Effective June 23, 1995. The

window period for filing applications

will open on June 23, 1995, and close

on July 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 634–6530.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 93–274,

adopted May 1, 1995, and released May

9, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, D.C. 20037.

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:

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 Nevada, is amended

by adding Ely, Channel 243A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–11820 Filed 5–12–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–135; RM–8541]

Radio Broadcasting Services; Atkins,

AR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots FM

Channel 257A to Atkins, Arkansas, as

that community’s first local aural

transmission service, in response to a

petition for rule making filed on behalf

of Atkins Broadcasting. See 59 FR

60947, November 29, 1994. Coordinates

used for Channel 257A at Atkins are

North Latitude 35–14–49 and West

Longitude 92–52–53. With this action,

the proceeding is terminated.

DATES: Effective June 23, 1995. The

window period for filing applications

on Channel 257A at Atkins, Arkansas,

will open on June 23, 1995, and close

on July 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process for

Channel 257A at Atkins, Arkansas,

should be addressed to the Audio

Services Division, FM Branch, (202)

418–2700.