19558 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

(1) Rule 4622, adopted on February

17, 1994.

* * * * *

[FR Doc. 96–10565 Filed 5–1–96; 8:45 am]

BILLING CODE 6560–50–W

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 92–195; RM–7091, RM–

7146, RM–8123, RM–8124]

Radio Broadcasting Services; Beverly

Hills, Chiefland, Holiday, Micanopy,

Sarasota, FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document dismisses an

Application for Review filed by

Dickerson Broadcasting, Inc. directed to

an earlier action denying its Petition for

Reconsideration. See 58 FR 17349 (April

2,1993). Dickerson contended that the

Class 3C FM channel at Beverly Hills

was allotted without adequate notice.

With this action, the proceeding is

terminated.

EFFECTIVE DATE: May 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 776–1654.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 92–195, adopted March 21,

1996, and released April 16, 1996. The

full text of this decision is available for

inspection and copying during normal

business hours in the FCC Dockets

Branch (Room 230), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, NW.,

Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 96–9796 Filed 5–01–96; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–77; RM–8616]

Television Broadcasting Services;

Virginia Beach, VA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Lockwood Broadcasting, Inc.,

allots UHF Channel 21 to Virginia

Beach, Virginia, as an additional

television service. See 60 FR 31278,

June 14, 1995. Channel 21+ can be

allotted to Virginia Beach consistent

with the minimum distance separation

requirements of Sections 73.610 and

73.698 of the Commission’s Rules with

a site restriction of 4.0 kilometers (2.5

miles) south to avoid the ATV freeze

zone surrounding Washington, DC. The

coordinates for Channel 21+ at Virginia

Beach are 36–48–38 and 75–58–30.

With this action, this proceeding is

terminated.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–77,

adopted March 25, 1996, and released

April 24, 1996. 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, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW., Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Television 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.

§ 73.606 [Amended]

2. Section 73.606(b), the Table of TV

Allotments under Virginia, is amended

by adding Channel 21+ at Virginia

Beach.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–10853 Filed 5–1–96; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 80

[FCC 96–156]

Conforming the Maritime Service Rules

to the Provisions of the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends the

maritime service rules, consistent with

the statutory mandate of the 1996

Telecommunications Act, to eliminate

the radiotelegraph carriage requirement

for vessels equipped in accordance with

the Global Maritime Distress and Safety

System (GMDSS). The effect of this rule

is to reduce economic burdens for vessel

operators and increase safety at sea by

promoting the carriage of GMDSS radio

installations.

EFFECTIVE DATE: June 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Roger Noel of the Commission’s

Wireless Telecommunications Bureau at

(202) 418–0680 or via email at

rnoel@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order,

FCC 96–156, adopted April 5, 1996, and

released April 12, 1996. The full text of

this Order is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239) 1919 M Street NW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, ITS, Inc., 2100 M Street

NW., Suite 140, Washington, DC 20037,

telephone (202) 857–3800.

Summary of Order

1. Prior to the enactment of the

Telecommunications Act of 1996,

Section 351 of the Communications Act

required passenger vessels and large

cargo vessels to be equipped with a

manual Morse code radiotelegraph

installation when navigating in the open

sea or on international voyages. In 1988,

the international maritime community

agreed to replace the radiotelegraph as

the required installation with the

GMDSS—an automated ship-shore

distress and safety radio

communications system that relies on

satellites and advanced terrestrial

systems. Accordingly, in the Report and
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19559

Order in PR Docket No. 90–480, 57 FR

9063 (March 16, 1992), the Commission

adopted rules implementing the new

international GMDSS requirements in

Part 80 of the Rules. Under the rules,

vessels were required to meet certain

minimum equipment-carriage

implementation dates and were given

the option to fully comply with the

GMDSS prior to the February 1, 1999

international deadline. The Report and

Order, however, did not relieve the

requirement for compulsory vessels

carrying GMDSS equipment from

Section 351’s requirement to carry

radiotelegraph installations. Thus,

compulsory vessels complying with the

implementation dates, as well as vessels

in full compliance prior to the

international deadline, were required to

carry components of two distinct safety

systems, each with designated radio

operators.

2. Section 206 of the

Telecommunications Act of 1996

eliminates the radiotelegraph carriage

requirement for each GMDSS-equipped

vessel, so long as the U.S. Coast Guard

determines that each vessel has the

GMDSS equipment installed and in

good working condition. Thus, this

Order provides a general exemption

from the radiotelegraph requirements of

part II of title III of the Communications

Act for GMDSS-equipped vessels that

obtain a Safety Certificate or

endorsement from the Commission or

its designee. The U.S. Coast Guard has

informed the Commission that it intends

to interpret the Safety Certificate or

endorsement as prima facie evidence

that each vessel has the GMDSS

equipment installed and in good

working condition.

3. This rule is necessary in order to

make our rules consistent with the

requirements of the 1996

Telecommunications Act. Additionally,

this action reduces regulatory burdens

on vessel owners and eliminates

economic disincentives associated with

the installation of GMDSS equipment

prior to the international deadline.

Further, this action increases safety of

life at sea by ensuring that reliable

distress alerting and communications

equipment, compatible with that of the

international shipping fleet, may be

installed on large oceangoing vessels.

5. This Order is issued under the

authority of sections 4(i) and 303(r) of

the Communications Act of 1934, as

amended, 47 U.S.C. 154(i) and 303(r).

List of Subjects in 47 CFR Part 80

Communications equipment, Marine

Safety, Radio, Telegraph, Vessels.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Final Rule

Part 80 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 80—STATIONS IN THE

MARITIME SERVICES

1. The authority citation for Part 80

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST

4726, 12 UST 2377.

2. Section 80.836 is amended by

revising paragraph (c), redesignating

paragraph (d) as paragraph (e), and

adding new paragraph (d) to read as

follows:

§ 80.836 General exemptions.

* * * * *

(c) Prior to February 1, 1999, cargo

ships of 1600 gross tons and upward are

exempt from the radiotelegraph

requirements of Part II of Title III of the

Communications Act, if the following

criteria are met:

(1) The ship operates on domestic

voyages only. For purposes of this

paragraph, the term domestic voyages

includes ports in Alaska, U.S.

possessions in the Caribbean, and along

the coasts of the 48 contiguous states, so

long as the vessel does not make port at

a foreign destination;

(2) The routes of the voyage are never

more than 150 nautical miles from the

nearest land; and,

(3) The ship complies fully with all of

the following conditions. The ship

must:

(i) Be equipped with a satellite ship

earth station providing both voice and

telex, which has been type accepted for

GMDSS use;

(ii) Be equipped with a VHF and MF

radiotelephone installation which

complies fully with subpart R of this

part and has the additional capability of

operating on the HF frequencies listed

in § 80.369(b) for distress and safety

communications (this capability may be

added to the MF radiotelephone

installation);

(iii) Be equipped with a narrow-band

direct-printing radiotelegraph system

with SITOR meeting the requirements of

§ 80.219;

(iv) Be equipped with at least two

VHF transceivers capable of being

powered by the reserve power supply

(one of the VHF transceivers may be the

VHF required by paragraph (c)(3)(ii) of

this section);

(v) Be equipped with a Category 1,

406 MHz EPIRB meeting the

requirements of § 80.1061;

(vi) Be equipped with a NAVTEX

receiver meeting the requirements of

§ 80.1101(c)(1);

(vii) Be equipped with three two-way

VHF radiotelephone apparatus and two

radar transponders in accordance with

§ 80.1095;

(viii) In addition to the main power

source, be equipped with an emergency

power source which complies with all

applicable rules and regulations of the

U.S. Coast Guard (the satellite earth

station, the narrow-band direct-printing

equipment and the 500 kHz autoalarm

receiver must be capable of being

powered by the main and emergency

power sources);

(ix) Be equipped with a 500 kHz

autoalarm receiver and a means of

recording or decoding any distress

signal received for relay to the Coast

Guard or a public coast station;

(x) Participate in the AMVER system

when on voyages of more than twentyfour hours and have the capability of

operating on at least four of the AMVER

HF duplex channels;

(xi) Carry at least one licensed

operator to operate and maintain all the

ship’s distress and safety radio

communications equipment in

accordance with §§ 80.159(c) and

80.169; and,

(xii) Maintain a continuous watch on

2182 kHz and 156.8 MHz, in accordance

with § 80.305(b), when navigated.

(d) Subject to a determination by the

United States Coast Guard pursuant to

Public Law No. 104–104, 110 Stat. 56

(1996) at Section 206, each U.S.

passenger vessel and each U.S. cargo

vessel of 1,600 gross tons and upward

is exempt from the radiotelegraph

provisions of part II of title III of the

Communications Act, provided that the

vessel complies fully with the

requirements for the Global Maritime

Distress & Safety System (GMDSS)

contained in subpart W of this part and

obtains either a Safety Certificate or

endorsement as described in § 80.1067.

Note to paragraph (d): In a letter to the

Commission, dated March 13, 1996, the

United States Coast Guard noted that it

may rely on the Safety Certificate or

endorsement described in § 80.1067 as

prima facie evidence that the GMDSS

has been installed and found to be

operating properly. The Coast Guard

also stated that it retains the authority

for ensuring overall vessel safety and

compliance with all applicable domestic
19560 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

and international laws, regulations and

treaties.

* * * * *

[FR Doc. 96–10851 Filed 5–1–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 96–21; Notice 01]

RIN 2127–AF68

Federal Motor Vehicle Safety

Standards; Seat Belt Assembly

Anchorages

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This rule deletes two owner’s

manual requirements in Standard No.

210, ‘‘Seat Belt Anchorages.’’ Standard

No. 210 requires that manufacturers

include a diagram in their owner’s

manuals showing the location of any

shoulder belt anchorages required by

the standard, if the vehicle is not

equipped with shoulder belts at those

locations. Standard No. 210 also

requires the inclusion of owner’s

manual information concerning the use

and the installation of child safety seats

in vehicles equipped with an automatic

belt at the right front outboard seating

position, if the belt cannot be used to

secure a child seat. NHTSA believes it

is appropriate to delete these

requirements because they are or soon

will be obsolete.

DATES: Effective Dates: The removal of

paragragh S6(c) of § 571.210 is effective

June 3, 1996. The removal of S7 of

§ 571.210 is effective September 1, 1998.

Petition Date: Any petitions for

reconsideration must be received by

NHTSA no later than June 17, 1996.

ADDRESS: Any petitions for

reconsideration should refer to the

docket and notice number of this notice

and be submitted to: Administrator,

National Highway Traffic Safety

Administration, 400 Seventh Street SW.,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The

following persons at the National

Highway Traffic Safety Administration,

400 Seventh Street SW., Washington,

DC 20590:

For non-legal issues: Clarke B. Harper,

Office of Crashworthiness Standards,

NPS–11, telephone (202) 366–4916,

facsimile (202) 366–4329, electronic

mail ‘‘charper@nhtsa.dot.gov’’.

For legal issues: Mary Versailles,

Office of the Chief Counsel, NCC–20,

telephone (202) 366–2992, facsimile

(202) 366–3820, electronic mail

‘‘mversailles@nhtsa.dot.gov’’.

SUPPLEMENTARY INFORMATION: Pursuant

to the March 4, 1995 directive,

‘‘Regulatory Reinvention Initiative,’’

from the President to the heads of

departments and agencies, NHTSA

undertook a review of all its regulations

and directives. During the course of this

review, the agency identified several

requirements and regulations that are

potential candidates for amendment or

rescission, including two owner’s

manual information requirements in

Standard No. 210, ‘‘Seat Belt Assembly

Anchorages.’’

NHTSA believes that these

requirements should be deleted because

they are or soon will be obsolete. The

first requirement is in paragraph S6(c),

which requires that vehicle

manufacturers include a diagram in

their vehicle owner’s manuals showing

the location of any shoulder belt

anchorages required by the standard, if

their vehicles are not equipped with

shoulder belts at those locations. This

requirement was intended to ensure that

consumers were aware of the existence

of beltless anchorages in rear seating

locations. The other requirement is in

paragraph S7, which requires the

inclusion of owner’s manual

information concerning the use and the

installation of child safety seats in

vehicles equipped with an automatic

belt at the right front outboard seating

position, if the belt cannot be used to

secure a child seat.

Paragraph S6(c) is currently not

applicable to any vehicle. Since

September 1, 1991, all rear seating

positions which are required by

Standard No. 210 to have a shoulder

belt anchorage are also required by

Standard No. 208, ‘‘Occupant Crash

Protection,’’ to have shoulder belts

installed. As there are no longer any

required, but unused, rear outboard

shoulder belt anchorages, the agency is

deleting this requirement.

With regard to the requirements of S7

of Standard No. 210 requiring

information concerning installation of

child restraints in a seating position

with an automatic belt, several recent

amendments to Standard No. 208 will

make this owner’s manual requirement

obsolete after September 1, 1998. First,

a final rule published on September 2,

1993, requires an air bag and manual

belt at the right front outboard seating

position in passenger cars and light

trucks by September 1, 1998 (58 FR

46551). After that date, automatic belts

will not be installed in those seating

positions. Second, a final rule published

on October 13, 1993, requires manual

belts installed at any seating position

other than the driver’s position in

vehicles manufactured after September

1, 1995, to be capable of tightly securing

a child safety seat without the necessity

of the user’s attaching any device to the

safety belt system (58 FR 52922). This

‘‘lockability’’ requirement will also be

described in the owners manual. The

combination of the manual belt

requirement and the lockability

requirement will make Section 7 of 210

obsolete after September 1, 1998.

NHTSA is not soliciting public

comment on these amendments.

NHTSA finds for good cause that notice

and opportunity to comment are

unnecessary because the amendments

are technical in nature. They delete

requirements addressing circumstances

that have been or will be eliminated by

other requirements in the Federal Motor

Vehicle Safety Standards.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

NHTSA has considered the impact of

this rulemaking action under E.O. 12866

and the Department of Transportation’s

regulatory policies and procedures. This

rulemaking document was not reviewed

under E.O. 12866, ‘‘Regulatory Planning

and Review.’’ This action has been

determined to be not ‘‘significant’’

under the Department of

Transportation’s regulatory policies and

procedures. Because this rule deletes

obsolete provisions, no cost or saving

will result.

Regulatory Flexibility Act: NHTSA

has also considered the impacts of this

rule under the Regulatory Flexibility

Act. I hereby certify that this rule will

not have a significant economic impact

on a substantial number of small

entities. As explained above, NHTSA

does not anticipate any economic

impact from this rulemaking action.

Paperwork Reduction Act: In

accordance with the Paperwork

Reduction Act of 1980 (P.L. 96–511),

there are no requirements for

information collection associated with

this rule.

National Environmental Policy Act:

NHTSA has also analyzed this rule

under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment.

Executive Order 12612 (Federalism):

NHTSA has analyzed this rule in

accordance with the principles and

criteria contained in E.O. 12612, and