28766 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

result in estimated costs to State, local,

or tribal governments in the aggregate,

or to the private sector, of $100 million

or more. Under Section 205, for any rule

subject to Section 202 EPA generally

must select the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Under Section

203, before establishing any regulatory

requirements that may significantly or

uniquely affect small governments, EPA

must take steps to inform and advise

small governments of the requirements

and enable them to provide input.

EPA has determined that the final rule

promulgated today does not trigger the

requirements of UMRA. The rule does

not include a Federal mandate that may

result in estimated annual costs to State,

local or tribal governments in the

aggregate, or to the private sector, of

$100 million or more, and it does not

establish regulatory requirements that

may significantly or uniquely affect

small governments.

IX. Judicial Review

Because this action promulgates a

control or prohibition under Section 211

of the Clean Air Act and is nationally

applicable, under Section 307(b)(1) of

the Clean Air Act judicial review of this

action is available only by the filing of

a petition for review in the U.S. Court

of Appeals for the D.C. Circuit within

sixty days of publication of this action

in the Federal Register.

List of Subjects in 40 CFR Part 80

Environmental Protection, Air

Pollution Control, Fuel Additives,

Gasoline, Leaded Gasoline, Unleaded

Gasoline, and Motor Vehicle Pollution.

Dated: May 24, 1996.

Carol M. Browner,

Administrator.

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Section 114, 211 and 301(a) of

the Clean Air Act as amended (42 U.S.C.

7414, 7545, and 7601(a)).

2. Section 80.24 is amended by

revising paragraph (b) to read as follows:

§ 80.24 Controls applicable to motor

vehicle manufacturers.

* * * * *

(b) The manufacturer of any motor

vehicle equipped with an emission

control device which the Administrator

has determined will be significantly

impaired by the use of gasoline other

than unleaded gasoline shall

manufacture such vehicle with each

gasoline tank filler inlet having a

restriction which prevents the insertion

of a nozzle with a spout having a

terminal end with an outside diameter

of 0.930 inch (2.363 centimeters) or

more and allows the insertion of a

nozzle with a spout meeting the

specifications of § 80.22(f)(2).

[FR Doc. 96–14307 Filed 6–5–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 73 and 74

[FCC 96–218]

Implementation of Section 403(l) of the

Telecommunications Act of 1996

(Silent Station Authorizations)

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission is

implementing Section 403(l) of the

Telecommunications Act of 1996, which

provides for the accelerated expiration

of broadcast station licenses upon a

broadcast station’s failure to broadcast

for 12 consecutive months. The action is

necessary in order to conform the

Commission’s rules to section 403(l) of

the Telecommunications Act, and the

intended effect of the action is to

conform the rules to those statutory

provisions.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT:

Irene Bleiweiss, Mass Media Bureau,

Audio Services Division (202) 418–

2780.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Order (In

the Matter of Implementation of section

403(l) of the Telecommunications Act of

1996 (Silent Station Authorizations)),

adopted May 14, 1996, and released

May 17, 1996. The complete 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, and also may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, NW,

Suite 140, Washington, DC 20037.

Synopsis of Order

1. This Order implements section

403(l) of the Telecommunications Act of

1996 (‘‘Telecom Act’’) [Pub. L. No. 104–

104, 110 Stat. 56 (1996)], which adopts

a new section 312(g) of the

Communications Act providing for

accelerated expiration of broadcast

station licenses upon failure to

broadcast for 12 consectuive months.

2. New Section 312(g) states:

If a broadcasting station fails to transmit

broadcast signals for any consecutive 12-

month period, then the station license

granted for the operation of that broadcast

station expires at the end of that period,

notwithstanding any provision, term, or

condition of the license to the contrary.

47 U.S.C. 312(g).

3. The Order provides that the first

date of such license expiration will be

February 9, 1997. The following

broadcast stations will be affected:

Commercial and noncommercial AM,

FM, and TV stations, International

Broadcast Stations, Low Power

Television Stations, FM and TV

Translator and Booster stations,

broadcast experimental stations, and

other classes of broadcast stations that

may be established in the future. With

the expiration of any AM, FM, or TV

broadcasting station license, the

licensee’s associated remote pickup and

auxiliary stations authorized in

connection with the operation of the

broadcast station would also necessarily

expire. A station’s other FCC

applications and authorizations will not

toll or extend the 12-month period,

notwithstanding any provision in any

authorization to the contrary.

4. Administrative Matters. We are

revising the rules as detailed below

without providing prior notice and an

opportunity for comment. We find that

notice and comment procedures are

unnecessary, and that this action

therefore falls within the ‘‘good cause’’

exception of the Administrative

Procedure Act (‘‘APA’’). See 5 U.S.C.

553(b)(B) (notice requirements

inapplicable ‘‘when the agency for good

cause * * * finds that notice and public

procedure thereon are impracticable,

unnecessary, or contrary to the public

interest’’). We further find for the same

reasons that good cause exists to make

the rule changes adopted herein

effective upon publication of this Order

in the Federal Register. See id. at

section 553(d)(3). The rule changes

adopted in this Order do not involve

discretionary action by the Commission.

Rather, they simply codify provisions of

the Telecom Act.

5. Effective Dates. The rules adopted

in the Order will become effective upon

publication in the Federal Register. The

‘‘clock’’ for periods of continued silence

triggering automatic expiration began to

run on the date of enactment of the

Telecom Act (February 8, 1996). The

first date of accelerated license
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28767

expiration will be 12 months later, on

February 9, 1997.

6. Ordering Clause. Accordingly, it is

ordered that, pursuant to section 403(l)

of the Telecommunications Act of 1996,

codified as section 312(g) of the

Communications Act of 1934, as

amended, 47 U.S.C. section 312(g), parts

73 and 74 of the Commission’s rules, 47

CFR part 73 and part 74 are amended as

set forth below. We find good cause to

make these rule changes effective less

than 30 days after publication in the

Federal Register. These changes merely

modify the Commission’s rules to

conform with provisions of the 1996 Act

that have already taken effect.

List of Subjects

47 CFR Part 73

Radio broadcasting, Television

broadcasting.

47 CFR Part 74

Radio broadcasting, Television

broadcasting.

Federal Communications Commission

LaVera F. Marshall,

Acting Secretary.

Rule Changes

Parts 73 and 74 of Title 47 of the Code

of Federal Regulations are amended 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.

2. Section 73.561 is amended by

adding a last sentence to paragraph (d)

to read as follows:

§ 73.561 Operating schedule; time sharing.

* * * * *

(d) * * * The license of a

broadcasting station that fails to

transmit broadcast signals for any

consecutive 12-month period expires as

a matter of law at the end of that period,

notwithstanding any provision, term, or

condition of the license to the contrary.

* * * * *

3. Section 73.733 is revised to read as

follows:

§ 73.733 Normal license period.

All international broadcasting station

licenses will be issued so as to expire

at the hour of 3 a.m. local time and will

be issued for a normal license period of

7 years expiring November 1. However,

the license of a broadcasting station that

fails to transmit broadcast signals for

any consecutive 12-month period

expires as a matter of law at the end of

that period, notwithstanding any

provision, term, or condition of the

license to the contrary.

4. Section 73.761 is amended by

adding a last sentence to paragraph (c)

to read as follows:

§ 73.761 Time of operation.

* * * * *

(c) * * * The license of a

broadcasting station that fails to

transmit broadcast signals for any

consecutive 12-month period expires as

a matter of law at the end of that period,

notwithstanding any provision, term, or

condition of the license to the contrary.

5. Section 73.1020 is amended by

adding a new paragraph (c) to read as

follows:

§ 73.1020 Station license period.

* * * * *

(c) The license of a broadcasting

station that fails to transmit broadcast

signals for any consecutive 12-month

period expires as a matter of law at the

end of that period, notwithstanding any

provision, term, or condition of the

license to the contrary.

6. Section 73.1615 is amended by

adding a new paragraph (c)(2) to read as

follows:

§ 73.1615 Operation during modification of

facilities.

* * * * *

(c) * * *

(2) The license of a broadcasting

station that fails to transmit broadcast

signals for any consecutive 12-month

period expires as a matter of law at the

end of that period, notwithstanding any

provision, term, or condition of the

license or construction permit to the

contrary.

* * * * *

7. Section 73.1635 is amended by

adding a last sentence to paragraph

(a)(4) to read as follows:

§ 73.1635 Special temporary

authorizations (STA).

(a) * * *

(4) * * * The license of a

broadcasting station that fails to

transmit broadcast signals for any

consecutive 12-month period expires as

a matter of law at the end of that period,

notwithstanding any STA or provision,

term, or condition of the license to the

contrary.

* * * * *

8. Section 73.1740 is amended by

adding a new paragraph (c) to read as

follows:

§ 73.1740 Minimum operating schedule.

* * * * *

(c) The license of any broadcasting

station that fails to transmit broadcast

signals for any consecutive 12-month

period expires as a matter of law at the

end of that period, notwithstanding any

provision, term, or condition of the

license to the contrary.

9. Section 73.1750 is amended by

adding a last sentence to read as

follows:

§ 73.1750 Discontinuance of operation.

* * * The license of any broadcasting

station that fails to transmit broadcast

signals for any consecutive 12-month

period expires as a matter of law at the

end of that period, notwithstanding any

provision, term, or condition of the

license to the contrary.

PART 74—EXPERIMENTAL,

AUXILIARY, AND SPECIAL

BROADCAST AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

10. The authority citation for Part 74

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 554.

11. Section 74.15 is amended by

adding a new paragraph (g) to read as

follows:

§ 74.15 Station license period.

* * * * *

(g) The license of an experimental

broadcast station, FM translator or FM

broadcast booster, TV translator or TV

broadcast booster, or low power TV

station will expire as a matter of law

upon failure to transmit broadcast

signals for any consecutive 12-month

period notwithstanding any provision,

term, or condition of the license to the

contrary. Further, if the license of any

AM, FM, or TV broadcasting station

licensed under part 73 of this chapter

expires for failure to transmit signals for

any consecutive 12-month period, the

licensee’s authorizations under part 74,

subparts D, E, F, and H in connection

with the operation of that AM, FM, or

TV broadcasting station will also expire

notwithstanding any provision, term, or

condition to the contrary.

* * * * *

12. Section 74.112 is amended by

revising paragraph (e) to read as follows:

§ 74.112 Supplementary statement with

application for construction permit.

* * * * *

(e) That any authorization issued

pursuant to the application may be

cancelled at any time without notice or

hearing, and will expire as a matter of

law if the station fails to transmit

broadcast signals for any consecutive

12-month period, notwithstanding any

provision, term, or condition of the

license to the contrary.

* * * * *
28768 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

13. Section 74.763 is amended by

revising paragraph (c) to read as follows:

§ 74.763 Time of operation.

* * * * *

(c) Failure of a low power TV, TV

translator, or TV booster station to

operate for a period of 30 days or more,

except for causes beyond the control of

the licensee, shall be deemed evidence

of discontinuation of operation and the

license of the station may be cancelled

at the discretion of the FCC.

Furthermore, the station’s license will

expire as a matter of law, without regard

to any causes beyond control of the

licensee, if the station fails to transmit

broadcast signals for any consecutive

12-month period, notwithstanding any

provision, term, or condition of the

license to the contrary.

* * * * *

14. Section 74.1263 is amended by

revising paragraph (e) to read as follows:

§ 74.1263 Time of operation.

* * * * *

(e) Failure of an FM translator or

booster station to operate for a period of

30 or more consecutive days, except for

causes beyond the control of the

licensee or authorized pursuant to

paragraph (c) of this section, shall be

deemed evidence of discontinuation of

operation and the license of the station

may be cancelled at the discretion of the

Commission. Furthermore, the station’s

license will expire as a matter of law,

without regard to any causes beyond

control of the licensee or to any

authorization pursuant to paragraph (c)

of this section, if the station fails to

transmit broadcast signals for any

consecutive 12-month period,

notwithstanding any provision, term, or

condition of the license to the contrary.

[FR Doc. 96–14239 Filed 6–05–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 95

[WT Docket No. 95–102; FCC 96–215]

Establishment of the Family Radio

Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action revises the

Personal Radio Service rules to establish

a very short distance, unlicensed, twoway voice personal radio service called

the Family Radio Service (FRS). The

rule amendments are necessary so that

families, friends and associates could

have the capability to communicate

with one another over a very short

range, typically a few city blocks. The

effect of this action is to provide a highquality low-cost communications

service that will be useful to hunters,

campers, hikers, bicyclists and other

outdoor activity enthusiasts who need

to communicate with other members of

their party who are out of speaking

range or sight but still in the same

general area.

EFFECTIVE DATE: July 8, 1996.

FOR FURTHER INFORMATION CONTACT:

William T. Cross, Federal

Communications Commission,

Washington, DC 20554, (202) 418–0680.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, adopted May 14 , 1996, and

released May 15, 1996. The complete

text of this Commission action,

including the rule amendments, is

available for inspection and copying at

the Federal Communications

Commission, Room 246, 1919 M Streeet,

NW., Washington, DC. The complete

text of this Report and Order may also

be obtained from the Commission’s

copy contractor, International

Transcription Services, Inc., 2100 M

Street, NW., Suite 140, Washington, DC

20037, telephone (202) 857–3800, and

from the FCC’s internet World Wide

Web homepage, http://www.fcc.gov

Summary of Report and Order

1. By this action, we are amending the

Personal Radio Service rules to establish

the FRS.

2. Also, by this action, we are also

amending the technical standards to

establish standards for FRS transmitters.

3. The amended rules are set forth

below, effective July 8, 1996.

4. This Report and Order and the rule

amendments are issued under the

authority contained in 47 U.S.C. 154(i),

303(r), and 307(e).

List of Subjects in 47 CFR Part 95

Communications equipment, Radio.

Federal Communications Commission

William F. Caton,

Acting Secretary.

Rule Changes

Part 95 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 95—PERSONAL RADIO

SERVICES

1. The authority citation for part 95

continues to read as follows:

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

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

2. Subpart B, §§ 95.191 through

95.194, is added to part 95 to read as

follows:

Subpart B—Family Radio Service (FRS)

General Provisions

Sec.

95.191 (FRS Rule 1) Eligibility and

responsibility.

95.192 (FRS Rule 2) Authorized locations.

95.193 (FRS Rule 3) Types of

communications.

95.194 (FRS Rule 4) FRS units.

Subpart B—Family Radio Service (FRS)

General Provisions

§ 95.191 (FRS Rule 1) Eligibility and

responsibility.

(a) Unless you are a representative of

a foreign government, you are

authorized by this rule to operate an

FCC certified FRS unit in accordance

with the rules in this subpart. No

license will be issued.

(b) You are responsible for all

communications that you make with the

FRS unit. You must share each channel

with other users. No channel is

available for the private or exclusive use

of any user.

§ 95.192 (FRS Rule 2) Authorized

locations.

(a) Provided that you comply with

these rules, you are authorized to

operate an FRS unit:

(1) Within or over any area of the

world where radio services are regulated

by the FCC (this area includes the fifty

United States and the District of

Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands

(50 islets and cays), American Samoa

(seven islands), the Commonwealth of

Northern Marianna Islands, and Guam

Island);

(2) Within or over any other area of

the world, except within or over the

territorial limits of areas where radio

services are regulated by an agency of

the United States other than the FCC or

any foreign government (you are subject

to its rules);

(3) Aboard any vessel or aircraft

registered in the United States, with the

permission of the captain, that is within

or over any area of the world where

radio services are regulated by the FCC

or upon or over international waters;

(4) or; Aboard any unregistered vessel

or aircraft owned or operated by a

United States citizen or company that is

within or over any area of the world

where radio services are regulated by

the FCC or upon or over international

waters.

(5) You must operate the FRS unit

only according to any applicable treaty

to which the United States is a party.