59292 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 

expedite proceedings or for other good 

cause. Although the ALJs who preside 

over these hearings make no decision or 

recommendations on the merits of 

OSHA’s proposal, they do have the 

responsibility and authority to ensure 

that the hearing progresses at a 

reasonable pace and in an orderly 

manner. To ensure that interested 

parties receive a full and fair informal 

hearing as specified by 29 CFR part 

1911, the ALJ has the authority and 

power to: Regulate the course of the 

proceedings; dispose of procedural 

requests, objections, and comparable 

matters; confine the presentations to 

matters pertinent to the issuers raised; 

use appropriate means to regulate the 

conduct of the parties who are present 

at the hearing; question witnesses, and 

permit others to question witnesses; and 

limit the time for such questioning. At 

the close of the hearing, the ALJ will 

establish a post-hearing comment period 

for parties who participated in the 

hearing. During the first part of this 

period, the participants may submit 

additional data and information to 

OSHA; during the second part of this 

period, they may submit briefs, 

arguments, and summations. 

Notice of Intention to Appear to 

Provide Testimony at the Informal 

Public Hearing. Interested parties who 

intend to provide oral testimony at the 

informal public hearings must file a 

notice of intention to appear by using 

the procedures specified earlier in the 

sections titled DATES and ADDRESSES. 

This notice must provide the: name, 

address, and telephone number of each 

individual who will provide testimony, 

and their preferred hearing location; 

capacity (for example, the name of the 

establishment or organization the 

individual is representing and the 

individual’s occupational title and 

position) in which each individual will 

testify; approximate amount of time 

required for each individual’s 

testimony; specific issues each 

individual will address, including a 

brief statement of the position that the 

individual will take with respect to each 

of these issues; and a brief summary of 

any documentary evidence the 

individual intends to present. 

OSHA emphasizes that the hearings 

are open to the public, and that 

interested parties are welcome to attend. 

However, only a party who files a 

complete notice of intention to appear 

may ask questions and participate fully 

in the proceedings. While a party who 

did not file a notice of intention to 

appear may be allowed to testify at the 

hearing if time permits, this 

determination is at the discretion of the 

presiding ALJ. 

Hearing Testimony and Documentary 

Evidence. Any party requesting more 

than 10 minutes to testify at the 

informal public hearing, or who intends 

to submit documentary evidence at the 

hearing, must provide the complete text 

of the testimony and the documentary 

evidence as specified earlier in the 

sections listed DATES and ADDRESSES. 

The Agency will review each 

submission and determine if the 

information it contains warrants the 

amount of time requested. If OSHA 

believes the requested time is excessive, 

it will allocate an appropriate amount of 

time to the presentation, and will notify 

the participant of this action, and the 

reasons for the action, before the 

hearing. The Agency may limit to 10 

minutes the presentation of any 

participant who fails to comply 

substantially with these procedural 

requirements; in such instances, OSHA 

may request the participant to return for 

questioning later. 

Certification of the Record and Final 

Determination after the Informal Public 

Hearing. Following the close of the 

hearing and post-hearing comment 

period, the presiding ALJ will certify the 

record to the Assistant Secretary of 

Labor for Occupational Safety and 

Health; the record will consist of all of 

the written comments, oral testimony, 

and documentary evidence received 

during the proceeding. However, the 

ALJ does not make or recommend any 

decisions as to the content of the final 

standard. Following certification of the 

record, OSHA will review the proposed 

provisions in light of all the evidence 

received as part of the record, and then 

will issue the final rule based on the 

entire record. 

Authority and Signature 

This document was prepared under 

the direction of Jonathan L. Snare, 

Deputy Assistant Secretary of Labor of 

Occupational Safety and Health, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

This action is taken pursuant to 

sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), Secretary of Labor’s 

Order No. 5–2002 (67 FR 65008), and 29 

CFR part 1911. 

Dated: Signed at Washington, DC this 6th 

day of October, 2005. 

Jonathan L. Snare, 

Acting Assistant Secretary of Labor. 

[FR Doc. 05–20421 Filed 10–11–05; 8:45 am] 

BILLING CODE 4510–26–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2636; MB Docket No. 05–274, RM–

11274; MB Docket No. 05–275, RM–11275] 

Radio Broadcasting Services; 

Coalgate, OK; and Silver Springs 

Shores, FL 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes new 

FM broadcast allotments at Coalgate, 

Oklahoma and Silver Springs Shores, 

Florida. The Audio Division, Media 

Bureau, requests comment on a petition 

filed by Charles Crawford, proposing the 

allotment of Channel 242A at Coalgate, 

Oklahoma, as the community’s second 

local aural transmission service. 

Channel 242A can be allotted to 

Coalgate in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 6.9 kilometers (4.3 miles) 

south of Coalgate. The reference 

coordinates for Channel 242A at 

Coalgate are 34–35–00 North Latitude 

and 96–10–00 West Longitude. See 

SUPPLEMENTARY INFORMATION, infra. 

DATES: Comments must be filed on or 

before November 25, 2005, and reply 

comments on or before December 12, 

2005. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioner, his counsel, or consultant, as 

follows: Charles Crawford; 4553 

Bordeaux Ave.; Dallas, Texas 75205; 

and Carrie Tutera Martin; 726 Stetson 

Street; Orlando, Florida 32804. 

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket Nos. 

05–274, and 05–275, adopted September 

29, 2005 and released October 3, 2005. 

The full text of this Commission 

document is available for inspection 

and copying during regular business 

hours at the FCC’s Reference 

Information Center, Portals II, 445 

Twelfth Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC, 

Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 59293 

20054, telephone 1–800–378–3160 or 

http://www.BCPIWEB.com. This 

document does not contain proposed 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506 (c)(4). 

The Audio Division requests 

comments on a petition filed by Carrie 

Tutera Martin, proposing the allotment 

of Channel 259A at Silver Springs 

Shores, Florida, as the community’s first 

local aural transmission service. 

Channel 259A can be allotted to Silver 

Springs Shores in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 5.0 kilometers (3.1 miles). 

The reference coordinates for Channel 

259A at Silver Springs Shores are 29–

08–09 North Latitude and 82–02–33 

West Longitude. 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR Section 1.1204(b) for rules 

governing permissible ex parte contact. 

For information regarding proper 

filing procedures for comments, see 47 

CFR Sections 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Florida, is amended 

by adding Silver Springs Shores, 

Channel 259A. 

3. Section 73.202(b), the Table of FM 

Allotments under Oklahoma, is 

amended by adding Channel 242A at 

Coalgate. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–20353 Filed 10–11–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2516; MB Docket No. 05–267; RM–

10365] 

Radio Broadcasting Services; St. 

Simons Island, GA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a Petition for Rule Making 

filed by Nancy C. Harper requesting the 

allotment of Channel 229C3 at St. 

Simons Island, Georgia, and a mutually 

exclusive Petition for Rule Making filed 

by Murphy Broadcasting requesting the 

allotment of Channel 229A to St. 

Simons Island. Either allotment would 

provide that community with its second 

local aural transmission service. To 

accommodate Harper’s requested 

allotment of Channel 229C3, Harper 

requests the reclassification of FM 

Station WOGK, Channel 229C, Ocala, 

Florida, to specify operation on Channel 

229C0 pursuant to the reclassification 

procedures adopted by the Commission. 

See 1998 Biennial Regulatory Review— 

Streamlining of Radio Technical Rules 

in Parts 73 and 74 of the Commission’s 

Rules, 65 FR 79773 (December 20, 

2000). In response to an Order to Show 

Cause why Station WOGK should not be 

downgraded from Channel 229C to 

229C0, the licensee of FM Station 

WOGK stated that it would file an 

acceptable application meeting 

minimum Class C FM standards within 

the period required by our rules. Since 

the licensee filed an application that 

was deficient, and since the deficient 

application filed has been dismissed for 

failure to prosecute the application, the 

Commission proposes to reclassify 

Station WOGK to Class C0. Channel 

229C3 can be allotted with a site 

restriction 16.4 kilometers (10.2 miles) 

northwest of St. Simons Island, at 

reference coordinates 31–14–54 NL and 

81–29–57 WL. To accommodate the 

proposed allotment, the Commission 

proposes the reclassification of FM 

Station WOGK to specify operation on 

Channel 229C0. Channel 229A can be 

allotted to St. Simons Island at reference 

coordinates of 31–09–01 NL and 81–22–

11 WL, if FM Station WOGK is 

reclassified to specify operation on 

Channel 229C0. 

DATES: Comments must be filed on or 

before November 18, 2005, and reply 

comments on or before December 5, 

2005. Any counterproposal filed in this 

proceeding need only protect FM 

Station WOGK, Ocala, Florida, as a 

Class C0 allotment. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioners as follows: Nancy C. Harper, 

490 Wright Road; Tignall, Georgia 

30668; and Scott C. Cinnamon, Law 

Offices of Scott C. Cinnamon, PLLC; 

1090 Vermont Ave, NW., Suite 800, 

#144; Washington, DC 20005 (Counsel 

for Murphy Broadcasting). 

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

05–267, adopted September 23, 2005, 

and released September 27, 2005. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating 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. This 

document does not contain proposed 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.