Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19355

Dated: April 12, 1995.

A.L. Thompson, Jr.,

Commander, U.S. Coast Guard, Captain of

the Port Memphis.

[FR Doc. 95–9529 Filed 4–17–95; 8:45 am]

BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 111

Revisions to Standards for Use of

Permit Imprints

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends

Domestic Mail Manual (DMM)

standards concerning methods of paying

postage. These amendments will:

Change the publishing requirements

for Form 3526, Statement of Ownership,

Management, and Circulation, to allow

greater flexibility in selecting the issue

in which the required information will

appear.

Relax the conditions under which a

company permit imprint may be used

while strengthening the ability of the

Postal Service to identify the place of

mailing of company permit imprint mail

and to obtain information about such

mailings. Generally, mailers will be

allowed to use a company-style imprint

without having to obtain permits at two

or more post offices, but these mailers

will be required to show a point of

contact to obtain records of the mailing.

Penalties for failure to provide records

are also established.

Relax the design restrictions on

permit imprint indicia. Generally, the

new standards allow for more creativity

while retaining restrictions that ensure

that the indicia content is readable and

clearly identifiable as postage payment.

Set a November 1, 1995, sunset date

for the use of second-class key rates.

EFFECTIVE DATES: June 2, 1995, except

for amendments to P200 which will

become effective April 18, 1995.

FOR FURTHER INFORMATION CONTACT: Leo

F. Raymond, (202) 268–5199.

SUPPLEMENTARY INFORMATION: On May 4,

1994, the Postal Service published for

public comment several proposed

changes to DMM standards related to

bulk and presort mailing fees and the

methods of paying postage (59 FR

23038–23041). Comments on the

proposed rule were initially due to the

Postal Service by June 20, 1994, but the

comment period was subsequently

extended to July 20, 1994, as published

on June 22, 1994 (59 FR 32165).

The Postal Service received responses

from 20 commenters, including three

mailer associations, collectively offering

25 comments on specific elements of the

proposed rule. Of those comments, 16

concerned the proposed rule’s

provisions regarding the return address

on mail paid by company permit

imprint; five comments spoke to the

provisions regarding publication of

Form 3526, Statement of Ownership,

Management, and Circulation; and one

comment each was offered on the

provisions regarding the preparation of

permit imprint mailings, the payment of

annual fees, the design of company

permit imprint indicia, and the

termination of key rates. Discussion of

these comments and the corresponding

aspects of the final rule are presented

below.

Form 3526

The proposed rule would amend

DMM E213.4.3 to change the publishing

requirements for Form 3526, Statement

of Ownership, Management, and

Circulation. Although under current

standards all publishers are required to

file Form 3526 by October 1 of each

year, those publishing general or

requester publications are further

required to publish the information on

that form in the second issue of that

publication after October 1. Responding

to publishers’ requests for a more

flexible standard on the issue in which

the information may appear, the Postal

Service proposed to revise the standard

to allow publication of Form 3526 in

any issue published during the month of

October. (The proposed rule incorrectly

cited DMM E213.4.3 as the section being

revised; the correct citation is DMM

E216.4.3. This correction is reflected in

the final rule.)

The five commenters on this

provision generally supported its

objective of a more flexible rule but

correctly noted that the proposed

wording precluded achievement of

some of what the standard would

require. For instance, it would be a

physical impossibility for a publication

to include in the data shown on the

published form information about

returned or unsold copies of the issue of

the publication in which the annual

report appeared. Further, publications

not issued in October would implicitly

be required to amend their frequency or

violate the proposed standard. One

commenter also noted that not

specifying by regulation the issue in

which the form had to appear weakened

its effectiveness in publicizing the data

that the form contained by making it

harder for an interested reader to find.

Another commenter requested

clarification of ‘‘issue date,’’ whether

this term referred to the cover date of

the issue or to the date when the issue

was produced or distributed.

The Postal Service agrees that its

proposal was worded at cross-purposes

to the ends that it sought to accomplish.

Accordingly, the final rule is amended

to allow more time for complete issue

data to be developed; to recognize the

practical limitations of a publication’s

frequency of issue (by relating the

publication of the form to that frequency

and allowing approximately equal time

for publishing the form to all

publications in proportion to their

frequency of issuance); and to state

clearly that the date of publishing the

form is related to when issues of the

publication are mailed. This final rule

does not take steps specifically to

facilitate a reader’s ability to find the

published form because the proposed

rule neither contemplated a problem in

that regard nor sought comment on

imposing such a new requirement. The

Postal Service may consider this

comment for a future proposal.

Company Permit Imprints

The proposed rule would also amend

DMM P040 to relax the conditions

under which a company permit imprint

may be used and to strengthen

concurrently the ability of the Postal

Service to identify the place of mailing

of company permit imprint mail and to

obtain information about such mailings.

Current standards require a permit

imprint indicium to contain the mailer’s

permit number and the name of the post

office where the permit is held unless,

for a mailer having permit imprint

authorizations at two or more post

offices, a company-style indicium is

used (in which the name of the permit

holder is substituted for the permit

number and post office name). At the

request of customers, the Postal Service

proposed a relaxation of the applicable

standards to let any permit holder use

the company-style format.

Current standards also require that

company permit imprint mailpieces

bear a complete domestic return

address, but these standards do not

specify what that address is to

represent. This has permitted instances

in which the permit holder has

deliberately frustrated the efforts of the

Postal Service to identify the point of

mailing, what was mailed, and whether

the correct postage was paid.

Consequently, the Postal Service

proposed to amend DMM P040 to

require more information to document

company permit imprint mailings (and

mailings including company permit

imprint pieces) by specifying that

mailers use as the return address the

location (the permit holder’s or its
19356 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

agent’s) at which records for the mailing

will be available to the Postal Service

upon request; and to provide for

suspension or revocation of permits if

such records are not provided in a

timely manner.

No commenters opposed the

relaxation of the current standards

allowing access to use of company

permit imprints, so that aspect of the

proposed rule is adopted as the final

rule. However, all the 16 commenters on

the element of the proposed rule

regarding return addresses on company

permit imprint mail were unsupportive

of one or more of the associated

tightened standards.

Two commenters objected to the

period for which mailing information

would have to be retained at the

location shown in the return address

and argued that this period discouraged

use of company permit imprints. These

commenters asserted that the proposed

2-year retention period should be left at

1 year or dropped. The Postal Service

agrees that the current 1-year retention

period for company permit imprint

mailings may be adequate, and it is

restored in the final rule.

Twelve commenters noted that

different clients’ or in-house

departments’ mailings may need

different return addresses on mail

bearing the same company imprint or

that a single mailer or client may have

business reasons to show different

return addresses on different mailpieces

(such as different processing centers).

Such needs make showing a single

return address impossible, the

commenters argued. Three commenters

suggested that the return address should

simply represent ‘‘the contact point at

which more information about the

physical location of the desired records

can be obtained for USPS review.’’

Three other commenters were

sympathetic with the needs of the Postal

Service to find mailing information, but

these commenters noted the

aforementioned concern about record

management; two commenters noted the

industry’s sensitivity to the ‘‘local’’

appearance of mailpieces and how this

is impeded by the presence of a

‘‘nonlocal’’ return address. Two of those

commenters suggested the insertion of

an origination code in the permit

imprint indicia as an alternative to a

specific return address.

The Postal Service acknowledges the

valid business concerns of its customers

as represented in these comments. In

part, however, some mailer anxiety may

have arisen from an arguably reasonable

misreading (or misinterpretation) of the

proposed rule. Specifically, the Postal

Service intended to require the mailer to

show where mailing records could be

made available if requested, not where

they actually were generated or

retained. (This is similar to the existing

requirement for record availability at a

‘‘known office of publication’’ for

second-class mail.) These commenters

apparently read the proposed rule as

requiring a new and elaborate

recordkeeping system; this was not the

case, and the final rule is amended to

make this clear.

Moreover, the proposed rule is

amended to include an option suggested

by commenters as a method of

identifying where records of the mailing

can be made available for Postal Service

review. The final rule retains the current

standard for a complete domestic return

address, but on the matter of what that

address represents, the final rule gives

the mailer two choices: (1) To show in

the return address either the place

where mailing records are maintained,

at which they can be made available

upon request by the USPS, or at which

place where records are maintained can

be determined; or (2) to show in the

permit indicia the five-digit ZIP Code of

the post office where records are

available and separately notify that

postmaster where the records are kept.

The Postal Service believes that these

options should afford both reasonable

flexibility to customers and adequate

information to locate the necessary

mailing records.

None of the commenters differed with

the proposed rule’s provisions

concerning adverse actions the Postal

Service would take against mailers who

fail or refuse to provide mailing

information; those provisions are

adopted in the final rule.

Another commenter noted that some

of the current standards for government

official mail would be directly opposed

by the proposed standards for

placement of the mailer’s return

address. The final rule is amended to

except official mail from the proposed

standards insofar as they are reflected in

the final rule. This exception would be

available only to mail constituting

‘‘Official Business’’ of the federal

government and the mail preparation

rules peculiar to it.

Permit Imprint Indicia Design

The proposed rule would also amend

DMM P040 to relax the design

restrictions on permit imprint indicia.

While allowing greater flexibility in the

preparation of permit imprint indicia,

the proposed standard would reinforce

the distinctiveness of an indicium by

allowing its incorporation into a design

of the mailer’s choice. The combined

design would be subject to broad

location and appearance standards that

balance design flexibility and the Postal

Service’s legitimate interest in

maintaining recognizable permit

indicia.

Two commenters spoke to this matter.

One noted an anomalous interpretation

of the existing preparation requirement

that permit imprint mail be ‘‘faced,’’

stating that some post offices are taking

the literal definition of ‘‘facing’’ (mail

oriented with the addresses facing in the

same direction) as prohibiting the

counterstacking of flats (as permitted by

current standards in DMM module M).

The final rule is amended to clarify this

point. The other commenter raised

several issues: (1) The compatibility of

the minimum dimensions in proposed

DMM P040.4.2d with the placement of

an indicia on a paper address label; (2)

the definition of ‘‘address area’’; (3) the

impact of proposed DMM P040.4.2d

(i.e., that no printing appears above or

to the right of the permit information);

and (4) the inability to use 4-point type

for permits placed on paper address

labels.

The Postal Service does not have a

fixed definition of ‘‘address area,’’

deferring to the self-definition inherent

in the relatively specific space on a

mailpiece left open by some mailers for

the printing of an address or the

placement of an address label. Although

the absence of a specific definition of

‘‘address area’’ may leave room for

occasional differences in interpretation,

the Postal Service does not believe that

sufficient benefit would be derived from

the added standards needed to present

a definition, given the varied ways

customers design mail. Therefore, no

change is made in the final rule in this

regard.

As the commenter detected, the

proposed rule failed to contemplate

fully permit imprints appearing on

paper address labels. Accordingly,

DMM P040.4.2b, P040.4.2d, and

P040.4.2e of the final rule are amended.

Rather than seeking to impose specific

detailed standards for various types of

address labels, the final rule simply

requires that an area be allowed in the

upper right corner of the address label

that is sufficient to separate the

indicium content from other

information on the label, and to allow

that content to be printed in a type size

legible at normal reading distance. The

Postal Service realizes that ‘‘normal

reading distance’’ is a subjective term

but believes that a more specific

measurement would be excessive and

unnecessary.

The commenter also appeared to be

confused by the proposed rule regarding

the presence of printing above and to
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19357

the right of the permit indicia. The final

rule is amended to clarify that this

prohibition is applied relatively

depending on whether the indicia

appears on the mailpiece, on a label, or

in an address area. In the latter two

cases, printing is allowed on the

mailpiece itself beyond the address

label or address area. Otherwise, if

located directly on the mailpiece in the

location specified in the proposed rule,

little space remains for further printing

without diminishing the visibility of the

indicia; no change in the proposed rule

is made in this regard.

The final rule also adds a minor

revision to DMM P040.1.9 to clarify that

permit imprints may be printed on

permanently affixed adhesive labels.

Key Rates

The proposed rule would amend

DMM P200 to set a sunset date for the

use of key rates. Key rates basically

represent a simplified method of

computing zone-rate postage on issues

of second-class publications having a

stable distribution pattern. The

proposed rule stated that no new users

of key rate would be authorized after

September 30, 1994, or upon adoption

of a final rule, whichever is later, and,

to allow for an orderly transition for

remaining key rate users, termination of

key rates would be deferred until March

31, 1995, or 6 months after adoption of

a final rule, whichever is later.

The one comment on this element of

the proposed rule supported it, but

questioned whether 6 months was

sufficient time to allow for systems

adjustments by current key rate mailers.

The Postal Service recognizes the need

for an orderly transition and believes

that the proposed period is sufficient.

This belief is buoyed by the absence of

opposing comments and by the

presumption that 6 months is a

relatively generous timeframe in the

context of the daily or weekly mailing

frequency of typical key rate mailers.

Accordingly, the final rule terminating

key rates is adopted without change,

except that fixed dates will be adopted

to ensure adequate notice and

compliance. Key rates will no longer be

authorized for new customers after

April 30, 1995; use of key rates will no

longer be permitted for current key rate

mailers after October 31, 1995.

Mailing Fees

Finally, the proposed rule also sought

comments on changes to DMM E110.6.1,

DMM E312.2.6, and DMM E411.4.0 that

would have standardized the

assessment of bulk or presort mailing

fees on First-, third- and special fourthclass mail. On further consideration, the

Postal Service has determined to retain

the current provisions for the present

time. The distinctions among these fees

are based on historical differences and

on assumptions about the amount of

revenue that will be produced by those

fees. Absent strong mailer desire for

change (no supporting or objecting

comments were received), the Postal

Service will retain the current

standards. (The sole commenter on this

proposal did not address the change but

asked for clarification regarding

applications for bulk mailing permits

(and the application fees), particularly

whether those would be affected by the

proposed rule; they would not.)

List of Subjects in 39 CFR Part 111

Postal Service.

For the reasons discussed above, the

Postal Service hereby adopts the

following amendments to the Domestic

Mail Manual, which is incorporated by

reference in the Code of Federal

Regulations (see 39 CFR part 111).

PART 111—[AMENDED]

1. The authority citation for 39 CFR

part 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,

401, 403, 404, 3001–3011, 3201–3219, 3403–

3406, 3621, 3626, 5001.

2. The following sections of the

Domestic Mail Manual are revised as

noted below:

E216 Publisher Records

* * * * *

4.0 Statement of Ownership,

Management, and Circulation

* * * * *

4.3 Publication

The publisher of each publication

authorized second-class mail privileges

as a general or requester publication

must publish a complete statement of

ownership, containing all information

required by Form 3526, in an issue of

the publication to which that statement

relates; other publications are not

required to publish this statement. A

reproduction of the Form 3526

submitted to the USPS may be used.

The required information must appear

in an issue whose primary mailed

distribution begins not later than

October 10 for publications issued more

frequently than weekly, or not later than

October 31 for publications issued

weekly or less frequently but more

frequently than monthly; or in the first

issue whose primary mailed distribution

begins after October 1 for all other

publications.

* * * * *

P040 Permit Imprints

1.0 Basic Information

* * * * *

[Renumber existing 1.6 and 1.7 as 1.8

and 1.9; add new 1.6 and 1.7 and revise

renumbered 1.8 and 1.9 as follows:]

1.6 Information

Upon request by the USPS, a permit

holder (and its agent, if applicable) must

provide in a timely manner complete

information (as specified in 3.5) about

mailings or mailpieces for which

postage was paid using its company

permit imprint.

1.7 Suspension

The USPS may immediately suspend

the authorization to use a permit

imprint if the permit holder or its agent

refuses or fails to provide information as

specified in 1.6.

1.8 Revocation

A permit may be revoked for use in

operating any unlawful scheme or

enterprise, for nonuse for any 12-month

period, for refusal to provide

information about permit imprint use or

mailings, or for any noncompliance

with the standards applicable to using

permit imprints. The permit holder may

appeal a revocation in writing to the

postmaster within 10 days of receipt of

the notice. If revocation is initiated for

nonuse and the permit holder states in

writing that it plans to resume mailings

within a 90-day period, the permit will

be continued for 90 days. Further appeal

may be made through the postmaster to

the district manager, customer service

and sales, if the initial decision was

made by the postmaster; or to the RCSC

if the initial decision was made at the

district level.

1.9 Use

[Revise the first sentence as follows:]

Permit imprints may be printed

directly on mailpieces, on labels

(including address labels) permanently

affixed to mailpieces, or on mailpiece

wrappers, envelopes, and other

containers. * * *

2.0 Preparing Permit Imprints

* * * * *

2.4 Placement

The entire permit imprint indicium

must be aligned parallel with the

address of the mailpiece and placed in

the upper right corner of the address

side, of the address area, or of the

address label, subject to these

conditions:

a. The indicium must not encroach on

reserved space on the mailpiece (e.g.,
19358 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

the OCR read area) if such a standard

applies.

b. The position (but not the format) of

the indicium may be varied so that data

processing equipment can

simultaneously print the address,

imprint, and other postal information.

* * * * *

3.0 Permit Imprint Content

* * * * *

3.5 Company Permit Imprint

A company permit imprint is one in

which the exact name of the company

or individual holding the permit is

shown in the permit imprint indicium

in place of the city, state, and permit

number. A customer may use a

company permit imprint indicium if:

a. For 1 year from the date of mailing,

the permit holder or its agent keeps

records for each mailing paid by

company permit imprint and makes

these available for USPS review on

request. These records include (for each

version of what was mailed, if

applicable) the weight of a single piece;

the total number of pieces mailed; the

total postage; the date(s) and post

office(s) of mailing, and other records

required by the rate of postage claimed

or the method of payment used. A

complete sample mailpiece must be

included for each identical-weight

mailing, or each commingled or

combined version in a nonidenticalweight mailing. Sample mailpieces are

not required for nonidentical-piece

third- or fourth-class machinable or

irregular parcel mailings (e.g.,

merchandise and other fulfillment

mailings).

b. Each mailpiece bears a complete

domestic return address. The return

address on official mail is subject to the

corresponding standards. On other

unendorsed bulk third-class mail, the

return address may be below the permit

imprint. Except for official mail, if the

return address is not the physical

location at which the USPS may review

the records listed in 3.5a (i.e., where

they are either retained or can be made

available) or is not a point of contact

from which such a physical location can

be readily determined, the mailer must:

(1) Include in the indicia the 5-digit

ZIP Code of the physical location at

which the records listed in 3.5a are

either retained or can be made available

for USPS review; and

(2) Provide the postmaster of that post

office with a complete sample mailpiece

(except as noted above); the date(s) and

post office(s) of mailing; and the name

and local address of the party from

whom the records listed in 3.5a may be

obtained.

4.0 Formats

[Renumber existing 4.0 as 4.1, and

Exhibits 4.0a–c as 4.1a–c; amend and

add new 4.2 as follows:]

4.1 Basic Standard

Unless prepared under the option in

4.2, permit imprint indicia for ordinary

mail, official mail, and Mailgrams must

be prepared in one of the formats shown

in Exhibit 4.1a, Exhibit 4.1b, and

Exhibit 4.1c, as applicable to the rate

claimed or type of mail.

4.2 Optional Format

Permit imprint indicia may be

prepared in a format other than the

basic format described in 4.1 subject to

these conditions:

a. The rule that forms a box around

the content of the indicium may be

omitted if the content remains as

specified in 3.0 and Exhibits 4.1a–c.

b. Unless printed directly on an

address label, the indicium content

specified in 3.0 is placed within a clear

area no smaller than 1⁄2 inch high and 1⁄2 inch wide, no more than 11⁄2 inches

below or left from the upper right corner

of the mailpiece or of the address area

when oriented to read the address,

regardless of the processing category or

the postage rate claimed. If printed on

an address label (including paper,

adhesive, and multilayer sandwich

labels), the space allowed for the

indicium content in 3.0 must be

rectangular, large enough to ensure

legibility of that content from a normal

reading distance and to clearly separate

it from other information on the label,

and located in the upper right corner of

the label when oriented to read the

address.

c. No printing appears in the indicium

area other than that required or allowed

under 3.0.

d. Except as required to enclose the

permit information, no printing appears

either on the mailpiece above or to the

right of the permit information when the

indicium is printed directly on the

mailpiece, or within the address area or

on the address label above or to the right

of the permit information when the

indicium appears there.

e. Except for indicia printed on

address labels, the permit information is

printed in no smaller than 4-point type.

In indicia printed on address labels

under 4.2b, the permit information must

be legible from a normal reading

distance.

f. Except as required to enclose the

permit information, any decorative

designs intended to be part of the permit

imprint indicium design appear below

or to the left of the permit information

in an area extending no farther than 41⁄2

inches to the left of the right edge, and

11⁄2 inches below the top edge of the

mailpiece, address area, or address

label, as applicable. Such designs must

not resemble or imitate a postage meter

imprint, postage stamp, postcard

postage, or other method of postage

payment; and must not include words,

symbols, or designs used by the USPS

to identify a class of mail, rate of

postage, or level of service, unless such

elements are correctly used under the

applicable standards for the mailpiece

on which they appear and the

corresponding postage and fees have

been paid.

g. All other applicable standards in

1.0 through 5.0 are met.

* * * * *

5.0 Mailings

* * * * *

5.3 Preparation of Mailing

All pieces in a permit imprint mailing

must be faced (i.e., have the address

facing in the same direction, unless

counterstacked under the applicable

standards) and meet the preparation

standards applicable to the rate claimed.

Mail claimed at a rate where postage

varies by zone must be separated by

zone when mailed unless authorized by

the USPS.

5.4 Place of Mailing

Mail must be deposited and accepted

at the post office that issued the permit,

at a time and place designated by the

postmaster, except as otherwise

provided for plant-verified drop

shipments.

* * * * *

5.6 Prepayment

Payment must be made for each

mailing, either in cash or through an

advance deposit account, before the

mailing can be released for processing.

Funds to pay postage must be deposited

as prescribed by the USPS. If the funds

paid or on deposit are less than that

necessary to pay for a mailing, the

difference must be paid or deposited

before it or other permit imprint

mailings can be accepted. Credit for

postage is not allowed. Postage may not

be paid partly in money and partly by

postage stamps unless permitted by

standard.

* * * * *

P200 Second-Class Mail

* * * * *

3.0 Key Rate

* * * * *
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19359

3.5 Termination of Key Rate Option

New authorizations to use key rates

will not be granted after April 30, 1995.

Publications already authorized key

rates may continue to use them until

October 31, 1995. Effective November 1,

1995, use of key rates is eliminated.

[Delete 3.0 as of 11/1/95.]

* * * * *

A transmittal letter making these

changes in the pages of the Domestic

Mail Manual will be published and will

be transmitted to subscribers

automatically. Notice of issuance will be

published in the Federal Register as

provided by 39 CFR 111.3.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–9146 Filed 4–17–95; 8:45 am]

BILLING CODE 7710–12–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–211; RM–8285]

Radio Broadcasting Services; Arizona

City, AZ

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document substitutes

Channel 293A for Channel 292A at

Arizona City, Arizona, and modifies the

license for Station KONZ(FM)

accordingly to enable it to expand its

signal coverage area, in response to a

petition filed on behalf of Arizona City

Broadcasting Corporation. See 58 FR

40399, July 28, 1993. Coordinates for

Channel 293A at Arizona City, Arizona,

are 32–45–21 and 111–40–13. With this

action, the proceeding is terminated.

EFFECTIVE DATE: May 25, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 93–211,

adopted March 23, 1995, and released

April 10, 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, 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 Arizona, is amended

by removing Channel 292A and adding

Channel 293A at Arizona City.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9483 Filed 4–17–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–140; RM–8543]

Radio Broadcasting Services; Rapid

City, SD

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Conway Broadcasting, allots

Channel 292C at Rapid City, South

Dakota, as the community’s sixth local

FM transmission service. See 59 FR

64382, December 14, 1994. Channel

292C can be allotted to Rapid City in

compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 292C at Rapid City are North

Latitude 44–04–50 and West Longitude

103–13–50. With this action, this

proceeding is terminated.

DATES: Effective May 25, 1995. The

window period for filing applications

for Channel 292C at Rapid City, South

Dakota, will open on May 25, 1995 and

close on June 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–140,

adopted March 24, 1995, and released

April 10, 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

contractors, 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: Sections 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 South Dakota, is

amended by adding Channel 292C at

Rapid City.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9482 Filed 4–17–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 91–240; RM–7770 and RM–

7848]

Radio Broadcasting Services; Peshtigo

and Valders, WI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document substitutes

Channel 242C2 for Channel 241A at

Peshtigo, Wisconsin, and modifies the

construction permit for Station WJMR,

in response to a petition filed by Good

Neighbor Broadcasting, Inc. See 56 FR

41813, August 23, 1991. The

coordinates for Channel 242C2 at

Peshtigo are 45–07–19 and 87–51–07.

Canadian concurrence has been

received for this allotment. The

counterproposal filed by Rural Radio

Company requesting the allotment of

Channel 242A to Valders, Wisconsin,

has been dismissed. With this action,

this proceeding is terminated.

EFFECTIVE DATE: May 25, 1995.