14224 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

1Within the allowed 720 cumulative hours of

operation, there are no limits on the amount of

permitted consecutive hours or number of separate

uses of unapproved equipment.

§ 410.34 Mammography services:

Conditions for and limitations on coverage.

(a) Definitions. As used in this

section, the following definitions apply:

(1) Diagnostic mammography means a

radiologic procedure furnished to a

symptomatic man or woman for the

purpose of detecting breast disease and

includes a physician’s interpretation of

the results of the procedure.

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.774, Medicare—

Supplementary Medical Insurance)

Dated: March 7, 1995.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 95–6501 Filed 3–15–95; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 74

[MM Docket No. 93–154; FCC 95–69]

Aural Broadcast Station Auxiliary

Facilities

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adopts rules

to permit certain unapproved

transmitters to be retained and used for

backup operations in the band 944–952

MHz at aural broadcast stations’

auxiliary facilities. The rule will permit

broadcast licensees to temporarily use

their outmoded equipment, which has

been displaced from full time operation

by approved equipment, for backup

operations at auxiliary facilities.

EFFECTIVE DATE: April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Bernard Gorden, Mass Media Bureau,

(202) 418–2190.

SUPPLEMENTARY INFORMATION: Adopted:

February 24, 1995; Released: March 7,

1995 By the Commission:

Introduction

1. We herein amend Sections 74.550

of our rules to permit certain

unapproved transmitters in the band

944–952 MHz which have been

displaced by approved equipment for

primary use to be retained for backup

purposes at Aural Broadcast Auxiliary

Stations.

Background

2. In 1985, the Commission adopted a

Report and Order in MM Docket No.

85–36, 50 FR 48596, January 26, 1985,

which required all new transmitters for

aural studio transmitter-link/intercity

relay (STL/ICR) operation in the 944–

952 MHz frequency band to be approved

prior to marketing. Continued use of

existing non-approved equipment was

allowed for a period ending on July 1,

1990, which was later extended to July

1, 1993, 55 FR 3062, January 30, 1990.

3. In June of 1993, the Notice of

Proposed Rule Making in MM Docket

No. 93–154, 58 FR 33923, June 22, 1993,

(‘‘NPRM’’) in the above-entitled matter

was issued in response to informal

suggestions from various parties that the

Commission should permit the retention

and use of existing unapproved aural

broadcast auxiliary transmitters for

backup purposes. This proposal would

permit broadcasters to retain and use

their existing unapproved primary

equipment as backup equipment after it

was displaced from primary service by

approved equipment under the

requirements of our rules. The proposal

was intended to avoid burdening

licensees with additional expenditures

to replace infrequently used backup

transmitters with approved equipment,

and to permit the installation of backup

facilities in situations which have not

previously been practicable. Backup

auxiliary service facilities are used by

many broadcast station licensees to

avoid undue disruption in programming

should the regular auxiliary transmitter

fail or require servicing. Thus, the

Commission concluded that limited

short-term backup use of unapproved

equipment could be permitted. The

Commission, therefore, proposed to

allow all transmitters removed from

primary service to be retained for

backup purposes, provided no

interference is caused and that such

transmitters are not used for more than

720 cumulative hours per year without

explicit Commission authority.1 In

addition, the NPRM stated that the

Commission would allow licensees to

retain unapproved equipment for

backup purposes until final action is

taken in this proceeding, and thereafter

if the proposed rule is adopted.

Comments

4. Comments supporting adoption of

the proposed amendments of Section

74.550 were received from the National

Association of Broadcasters (‘‘NAB’’)

and National Public Radio (‘‘NPR’’). No

opposing comments were received.

5. NAB states that many stations have

purchased new equipment to comply

with the current requirements of Section

74.550 of the Commission’s rules. NAB

notes that given the current financial

conditions prevailing in the broadcast

industry, most licensees cannot justify

purchasing additional equipment for

backup facilities. However, while their

old equipment does not meet the new

more stringent standards, NAB and NPR

suggest the old equipment is fully

functional and is more than adequate for

backup purposes.

Discussion

6. We have reviewed the comments

and conclude for the reasons advanced

in the NPRM that adoption of the

proposal would serve the public

interest. We further agree with NPR that

there should not be any significant

adverse consequences from continued

use of unapproved STL/ICR equipment

under the conditions proposed in the

NPRM. These backup transmitters can

maintain the broadcast station’s ability

to provide continued service in the

event of primary equipment failure

without undue risk of harmful

interference. However, we caution

licensees that the unapproved

equipment has wider channel

bandwidth, and thus, may be prone to

cause interference, especially in

congested spectrum-use areas. Licensees

must not use the unapproved equipment

on a regular or primary basis and

stations using such equipment should

be prepared to demonstrate that it

normally uses approved equipment. A

licensee is not permitted to obtain

unapproved equipment from other

licensees or other sources for backup

use. Our action here is intended only to

permit the retention and continued use,

in a backup role of equipment that a

licensee already possesses.

Procedural Matters

7. Regulatory Flexibility Act. We

certify that the regulatory Flexibility Act

of 1980 does not apply to this

rulemaking proceeding because there

will to be a significant negative

economic impact on a substantial

number of small business entities, as

defined by Section 601(3) of the

Regulatory Flexibility Act. Pub. L. No.

96–354.94 Stat.1164.5 U.S.C. Section

601 et seq (1981).

8. Therefore, it is ordered that

pursuant to Sections 4(i) and 303(r) of

the Communications Act of 1934, as

amended, that effective April 17, 1995.

Part 74 of the Commission’s Rules and

Regulations is amended as set forth

below. It is further ordered that this

proceeding is terminated.

9. Further information may be

obtained from Bernard Gorden, Mass
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations 14225

Media Bureau, Engineering Policy

Branch, (202) 418–2190.

List of Subjects in 40 CFR Part 74

Auxiliary facilities, Radio

broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Change

Part 74 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 74—EXPERIMENTAL,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

1. The authority citation for part 74

continues to read as follows:

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

2. Section 74.550 is revised to read as

follows:

§ 74.550 Equipment authorization.

Each authorization for aural broadcast

STL, ICR, and booster stations shall

require the use of notified or type

accepted equipment. Equipment which

has not been type approved under the

equipment authorization program and

which was in service prior to July 1,

1993, may be retained solely for

temporary uses necessary to restore or

maintain regular service provided by

approved equipment, because the main

or primary unit has failed or requires

servicing. Such temporary uses may not

interfere with or impede the

establishment of other aural broadcast

auxiliary links and may not occur

during more than 720 cumulative hours

per year. Should interference occur, the

licensee must take all steps necessary to

eliminate it, up to and including

cessation of operation of the auxiliary

transmitter. All unapproved equipment

retained for temporary use must have

been in the possession of the licensee

prior to July 1, 1993, and may not be

obtained from other sources.

Requirements for obtaining a grant of

equipment authorization are contained

in subpart J of part 2 of the Rules.

Equipment designed exclusively for

fixed operation shall be authorized

under notification procedures (see

§ 2.904(d) of this chapter).

Note: Consistent with the note to

§ 74.502(a), grandfathered equipment in the

942–944 MHz band and STL/ICR users of

these frequencies in Puerto Rico are also

required to come into compliance by July 1,

1993. The backup provisions described above

apply to these stations also.

[FR Doc. 95–6489 Filed 3–15–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No.1; Amdt. I–268]

Organization and Delegation of Powers

and Duties; Delegation to All

Administrators

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This rule contains a

delegation of authority to all

Administrators of the Department of

Transportation’s (DOT) operating

administrations to enter into grants,

cooperative agreements, and other

transactions with any person, agency, or

instrumentality of the United States, any

unit of state or local government, any

educational institution, and any other

entity in execution of the Technology

Reinvestment Project authorized under

the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992

and related legislation. This rule is

necessary to reflect the delegation in the

Code of Federal Regulations.

This rule also makes a minor

amendment to the regulation that details

the structure and responsibilities of the

Office of the Secretary by adding a new

office, the Office of Aviation

International Economics, within the

Office of the Assistant Secretary for

Aviation and International Affairs.

EFFECTIVE DATE: This rule becomes

effective March 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Terence W. Carlson, Office of the

Assistant General Counsel for

Environmental, Civil Rights and General

Law at (202) 366–9161, Department of

Transportation, 400 7th Street, SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The

Department of Transportation and

Related Agencies Appropriations Act,

1995, Pub. L. No. 103–331, section

329A, 108 Stat. 2471, 2493 (September

30, 1994), grants the Secretary of

Transportation specific authority to

enter into grants, cooperative

agreements, and other transactions with

any person, agency, or instrumentality

of the United States, any unit of state or

local government, any educational

institution, and any other entity in

execution of the Technology

Reinvestment Project (TRP) authorized

under the Defense Conversion,

Reinvestment, and Transition

Assistance Act of 1992, Pub. L. No. 102–

484, 106 Stat. 2658 (October 23, 1992),

and related legislation. TRP is a

statutory interagency project lead by the

Department of Defense (DOD) through

its Advanced Research Projects Agency,

which uses DOD funds to support the

cost-shared application of defenserelated technologies to the commercial

sector. Therefore, it is necessary to

amend the relevant part of the CFR to

delegate this authority to the

Administrators of the DOT operating

administrations.

49 CFR part 1 describes the

organization of DOT and provides for

the performance of duties imposed

upon, and the exercise of powers vested

in, the Secretary of Transportation by

law. Section 1.45 delegates certain

authorities of the Secretary to all

Administrators of the DOT operating

administrations. This rulemaking

amends § 1.45(a) to add a new

subparagraph (18), which delegates to

the Administrators the authority to enter

into grants, cooperative agreements, and

other transactions with any entity in

execution of the Technology

Reinvestment Project authorized under

the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992

and related legislation. This rulemaking

also amends § 1.22, which details the

structure and responsibilities of the

Office of the Secretary. It makes a minor

revision to § 1.22(c) to add a fourth

office within the Office of the Assistant

Secretary for Aviation and International

Affairs, the Office of Aviation

International Economics.

Since this rule relates to departmental

management, organization, procedure,

and practice, notice and public

comment are unnecessary. For the same

reason, good cause exists for not

publishing this rule at least 30 days

before its effective date, as is ordinarily

required by 5 U.S.C. 553(d). Therefore,

this rule is effective on the date of its

publication.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

In consideration of the foregoing, and

under the authority of 49 U.S.C. 332,

part 1 of title 49 Code of Federal

Regulations is amended as follows:

PART I—[AMENDED]

1. The authority citation for part 1

continues to read as follows: