Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Rules and Regulations 63645

the ALJ will not place program

beneficiaries at serious risk and waive

the preliminary hearing. Under these

circumstances, the exclusion will be

stayed pending the decision of the ALJ

after a full hearing. the hearing must be

held, and a decision reached, within 6

months.

(ii) If the OIG decides to waive the

preliminary hearing, the request for the

preliminary hearing will be considered

a request for a hearing before the ALJ in

accordance with paragraph (b) of this

section.

(b) Right to administrative review. (1)

A practitioner or other person

dissatisfied with an OIG determination,

or an exclusion that results from a

determination not being made within

120 days, is entitled to appeal such

sanction in accordance with part 1005

of this chapter.

(2) Due to the 120-day statutory

requirement specified in § 1004.100(e),

the following limitations apply—

(i) The period of time for submitting

additional information will not be

extended.

(ii) Any material received by the OIG

after the 30-day period allowed will not

be considered by the ALJ or the DAB.

(3) The OIG’s determination continues

in effect unless reversed by a hearing.

(c) Rights to judicial review. Any

practitioner or other person dissatisfied

with a final decision of the Secretary

may file a civil action in accordance

with the provisions of section 205(g) of

the Act.

Approved: October 23, 1995.

June Gibbs Brown,

Inspector General.

[FR Doc. 95–30130 Filed 12–11–95; 8:45 am]

BILLING CODE 4150–04–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–76; RM–8611]

Radio Broadcasting Services;

Homestead and North Miami Beach, FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document substitutes

Channel 239C2 for Channel 239C1 at

Homestead, Florida, reallots the channel

to North Miami Beach, Florida, and

modifies the license for Station

WXDJ(FM) accordingly, in response to a

petition filed by New Age Broadcasting,

Inc. See 60 FR 31278, June 14, 1995.

The coordinates for Channel 239C2 at

North Miami Beach, Florida, are 25–42–

55 and 80–09–17. With this action, this

proceeding is terminated.

EFFECTIVE DATE: January 22, 1996.

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. 95–76,

adopted November 24, 1995, and

released December 6, 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,

DC. 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, DC 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:

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 Florida, is amended

by removing Channel 239C1 and adding

Channel 239C2 at Homestead, removing

Channel 239C2 at Homestead and

adding North Miami Beach, Channel

239C2.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30218 Filed 12–11–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 90–163; RM–7170]

Radio Broadcasting Services; Bay St.

Louis and Poplarville, MS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document reallots

Channel 300C from Poplarville,

Mississippi to Bay St. Louis and

modifies the license for Station

WZKX(FM) accordingly, in response to

a petition filed by Dowdy and Dowdy

Partnership. See 55 FR 1913, April 3,

1990. The coordinates for Channel 300C

at Bay St. Louis, MS are 30–44–48 and

89–03–30. With this action, this

proceeding is terminated.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT:

Arthur D. Scrutchins, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 90–163,

adopted November 25, 1995, and

released December 6, 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,

DC. 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, DC 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:

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 Mississippi, is

amended by removing Channel 300C

from Poplarville, Mississippi and

adding Bay St. Louis, Channel 300C.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30219 Filed 12–11–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF ENERGY

48 CFR Part 970

RIN 1991–AB08

Acquisition Regulation; Legislative

Lobbying Cost Prohibition

AGENCY: Department of Energy (DOE).

ACTION: Final rule.

SUMMARY: The Department amends the

Department of Energy Acquisition

Regulation (DEAR) to clarify its