56580 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

regulations (e.g., the 24-hour Rule) to 

which they are subject. 

IV. Statutory Reviews 

In accordance with the Paperwork 

Reduction Act, 44 U.S.C. 3507, the 

collection of information requirements 

contained in this Final Rule have been 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review. The 

estimated total annual burden for the 

estimated 635 annual respondents is 

190,252 person-hours. No comments 

were received on this estimate. 

In accordance with the Regulatory 

Flexibility Act, 5 U.S.C. 605, the 

Chairman of the Federal Maritime 

Commission has certified to the Chief 

Counsel for Advocacy, Small Business 

Administration, that the Final Rule will 

not have a significant impact on a 

substantial number of small entities. 

Although NVOCCs as an industry 

include small entities, the Final Rule 

provides, but does not require, an 

alternative for NVOCCs from certain 

tariff requirements of the Shipping Act 

and the Commission’s regulations. It 

potentially relieves a burden. Therefore, 

the Commission has found that the 

Final Rule will have no significant 

economic impact on a substantial 

number of small entities. 

List of Subjects for 46 CFR Part 531 

Exports, Non-vessel-operating 

common carriers, Ocean transportation 

intermediaries. 

■ For the reasons set forth in the 

preamble, the Federal Maritime 

Commission amends 46 CFR part 531 as 

follows: 

PART 531—NVOCC SERVICE 

ARRANGEMENTS 

■ 1. The authority citation for part 531 

continues to read as follows: 

Authority: 46 U.S.C. app. 1715. 

■ 2. Revise paragraph (o) of § 531.3 to 

read as follows: 

§ 531.3 Definitions. 

* * * * * 

(o) NSA shipper means a cargo owner, 

the person for whose account the ocean 

transportation is provided, the person to 

whom delivery is to be made, a 

shippers’ association, or an ocean 

transportation intermediary, as defined 

in section 3(17)(B) of the Act, that 

accepts responsibility for payment of all 

applicable charges under the NSA. 

* * * * * 

■ 3. Revise paragraph (a) of § 531.5 to 

read as follows: 

§ 531.5 Duty to file. 

(a) The duty under this part to file 

NSAs, amendments and notices, and to 

publish statements of essential terms, 

shall be upon the NVOCC acting as 

carrier party to the NSA. 

* * * * * 

■ 4. Revise paragraph (c)(2) and add 

paragraph (d)(4) to § 531.6 to read as 

follows: 

§ 531.6 NVOCC Service Arrangements. 

* * * * * 

(c) * * * 

(2) Make reference to terms not 

explicitly contained in the NSA itself 

unless those terms are contained in a 

publication widely available to the 

public and well known within the 

industry. Reference may not be made to 

a tariff of a common carrier other than 

the NVOCC acting as carrier party to the 

NSA. 

* * * * * 

(d) * * * 

(4) No NVOCC may knowingly and 

willfully enter into an NSA with an 

ocean transportation intermediary that 

does not have a tariff and a bond, 

insurance, or other surety as required by 

sections 8 and 19 of the Act. 

* * * * * 

By the Commission. 

Karen V. Gregory, 

Assistant Secretary. 

[FR Doc. 05–19369 Filed 9–27–05; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 23 

[IB Docket No. 00–248; FCC 05–130] 

Revisions of the Commission’s Rules 

and Spectrum Usage by Satellite 

Network Earth Stations and Space 

Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communication Commission (FCC) 

invited commenters to propose 

revisions to part 23 of the Commission’s 

rules, governing International Fixed 

Public Radiocommunication Services 

(IFRS). Because no one proposed any 

revisions to part 23, we terminate our 

consideration of part 23 issues in this 

context of IB Docket 00–248. 

DATES: Effective October 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Steven Spaeth (202)418–1539, Satellite 

Division, International Bureau, Federal 

Communications Commission, 

Washington, DC 20554. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Seventh 

Report and Order in IB Docket 00–248, 

adopted June 20, 2005 and released June 

24, 2005. The full text of the Seventh 

Report and Order is available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20054. This document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202–

488–5300, facsimile 202–488–5563, or 

via e-mail FCC@BCPIWEB.com. 

Summary of Notice of Proposed 

Rulemaking 

No one proposed revising or 

eliminating any provisions in part 23 of 

the Commission’s rules in response to 

the NPRM published elsewhere in this 

issue. As a result, we find that the 

record before us at this time does not 

provide any basis for revising part 23 of 

the Commission’s rules. Accordingly, 

we will not revise part 23 of the 

Commission’s rules at this time. This 

terminates our consideration of part 23 

of the Commission’s rules issues in the 

context of IB Docket No. 00–248. 

Final Regulatory Flexibility 

Certification. The Regulatory Flexibility 

Act of 1980, as amended (RFA) requires 

that a regulatory flexibility analysis be 

prepared for rulemaking proceedings, 

unless the agency certifies that ‘‘the rule 

will not have a significant economic 

impact on a substantial number of small 

entities.’’ The RFA generally defines 

‘‘small entity’’ having the same meaning 

as the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’

under the Small Business Act. 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). No FRFA is 

necessary for the Seventh Report and 

Order because we have decided not to 

make any changes to the Commission’s 

rules at this time. 

Ordering Clauses 

Accordingly, it is ordered, pursuant to 

section 4(i), 7(a), 11, 303(c), 303(f), 

303(g), and 303(r), of the 

Communication Act of 1934, as 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56581 

amended 47 U.S.C. 154(i), 161, 303(c), 

303(g), and 303(r), that this Seventh 

Report and Order in IB Docket No. 00–

248 is hereby adopted. 

Accordingly, it is further ordered that 

the Consumer and Governmental Affairs 

Bureau, Reference Information Center, 

shall send a copy of this Order, 

including the Final Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–19159 Filed 9–27–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 00–248 and CC Docket No. 

86–496, FCC 05–63] 

Satellite Licensing Procedures 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule, announcement of 

effective date. 

SUMMARY: The Federal Communications 

Commission announces that adopted 

rule revisions to streamline the 

procedures for non-routine earth station 

applications. Certain rules contained 

new or modified information 

requirements and were published in the 

Federal Register on June 2, 2005. 

DATES: The revisions to 47 CFR 25.115, 

25.130, 25.131, 25.132, 25.133, 25.134, 

25.151, 25.154, 25.209, 25.211, 25.212, 

25.220, and 25.277, published at 70 FR 

32249, June 2, 2005, became effective on 

September 15, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Steven Spaeth, Assistant Division Chief, 

Satellite Division, International Bureau, 

Federal Communications Commission, 

at (202) 418–1539. 

SUPPLEMENTARY INFORMATION: On 

September 15, 2005, the Office of 

Management and Budget (OMB) 

approved the information collection 

contained in §§ 25.115, 25.130, 25.131, 

25.132, 25.133, 25.134, 25.151, 25.154, 

25.209, 25.211, 25.212, 25.220, and 

25.277, pursuant to OMB Control No. 

3060–0678. Accordingly, the 

information collection requirements 

contained in these rules became 

effective on September 15, 2005. 

List of Subjects in 47 CFR Part 25 

Satellites. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–19517 Filed 9–27–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2368; MM Docket No. 00–87; RM–

9870, RM–9961] 

Radio Broadcasting Services; Bend, 

Brightwood, Madras, Prineville, OR 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; dismissal of petition 

for reconsideration. 

SUMMARY: This document dismisses a 

Petition for Reconsideration filed by 

Muddy Broadcasting Company directed 

at the Report and Order in this 

proceeding. See 66 FR 56486, published 

November 8, 2001. This document also 

waive the provisions of Section 1.420(j) 

of the Commission’s rules, consistent 

with the Public Notice entitled Window 

Announced for Universal Settlements of 

Pending Rulemaking Proceedings to 

Amend FM Table of Allotments, 20 FCC 

Rcd 10756 (MB 2005), with this action, 

the proceeding is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Victoria M. McCauley, Media Bureau 

(202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MM 

Docket No. 00–87, adopted September 

14, 2005, and released September 16, 

2005. The full text of this decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center at 

Portals ll, CY–A257, 445 12th Street, 

SW., Washington, DC. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC, 20054, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will not send a copy of this 

Memorandum Opinion and Order 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A), because 

the aforementioned petition for 

reconsideration was dismissed. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–19049 Filed 9–27–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 03–185; FCC 04–220] 

Amendment of the Commission’s 

Rules To Establish Rules for Digital 

Low Power Television, Television 

Translator, and Television Booster 

Stations and the Amend Rules for 

Digital Class A Television Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date and public information 

collections approval. 

SUMMARY: On May 25, 2005, the Federal 

Communications Commission received 

Office of Management and Budget 

(OMB) approval for the revised public 

information collections, OMB Control 

Numbers 3060–0016 and 3060–0932, 

Amendment of parts 73 and 74 of the 

Commission’s Rules to Establish Rules 

for Digital Low Power Television, 

Television Translator, and Television 

Booster Stations and the Amend Rules 

for Digital Class A Television Stations, 

MB Docket No. 03–185; FCC 04–220. 

FCC 04–220 was published at 69 FR 

69325 (November 29, 2004). Therefore, 

the Commission announces that the 

effective date of the rules contained in 

47 CFR 74.701, 74.703, 74.705 74.707, 

74.710 and 74.786 through 74.796 is 

September 15, 2005. 

DATES: The effective date for the rules 

contained in 47 CFR 74.701, 74.703, 

74.705, 74.707, 74.710, and 74.786 

through 74.796 is September 15, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning the rules should 

be directed to Shaun Maher, Federal 

Communications Commission, (202) 

418–1600 or via the Internet at 

Shaun.Maher@fcc.gov. For additional 

information concerning OMB control 

numbers 3060–0016 and 3060–0932 and 

the expiration dates of the information 

collections should be directed to Cathy 

Williams, Federal Communications 

Commission, (202) 418–2918 or via the 

Internet at Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

has received OMB approval for the 

revised information collections, OMB