Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63431 

Technical Preservation Services, 

Heritage Preservation Services, (WASO), 

1849 C Street, NW., Washington, DC 

20240. 

(b) NPS WASO establishes program 

direction and considers appeals of 

certification denials. * * * 

* * * * * 

7. In § 67.4, revise paragraph (g) to 

read as follows: 

§ 67.4 Certifications of historic 

significance. 

* * * * * 

(g) For purposes of the other 

rehabilitation tax credits under sec. 47 

of the Internal Revenue Code, properties 

within registered historic districts are 

presumed to contribute to the 

significance of such districts unless 

certified as nonsignificant by the 

Secretary. Owners of non-historic 

properties within registered historic 

districts, therefore, must obtain a 

certification of nonsignificance in order 

to qualify for those investment tax 

credits. If an owner begins or completes 

a substantial rehabilitation (as defined 

by the Internal Revenue Service) of a 

property in a registered historic district 

without knowledge of requirements for 

certification of nonsignificance, he or 

she may request certification that the 

property was not of historic significance 

to the district prior to substantial 

rehabilitation in the same manner as 

stated in § 67.4(c). The owner should be 

aware, however, that the taxpayer must 

certify to the Secretary of the Treasury 

that, at the beginning of such substantial 

rehabilitation, he or she in good faith 

was not aware of the certification 

requirement by the Secretary of the 

Interior. 

* * * * * 

8. In § 67.5 revise the section heading 

to read as follows: 

§ 67.5 Standards for evaluating 

significance within registered historic 

districts. 

* * * * * 

9. In § 67.7 revise the section heading 

to read as follows: 

§ 67.7 Standards for rehabilitation. 

* * * * * 

10. In § 67.10, revise paragraphs (a), 

(b), and (c)(3) to read as follows: 

§ 67.10 Appeals. 

(a) The owner or a duly authorized 

representative may appeal any of the 

certifications or denials of certification 

made under this part or any decisions 

made under § 67.6(f). 

(1) Appeals must: 

(i) Be in writing; e.g. letter, fax, or email; 

(ii) Be addressed to the Chief Appeals 

Officer, Cultural Resources, National 

Park Service, U.S. Department of the 

Interior, 1849 C Street, NW., 

Washington, DC 20240; 

(iii) Be received by NPS within 30 

days of receipt by the owner or a duly 

authorized representative of the 

decision which is the subject of the 

appeal; and 

(iv) Include all information the owner 

wishes the Chief Appeals Officer to 

consider in deciding the appeal. 

(2) The appellant may request a 

meeting to discuss the appeal. 

(3) NPS will notify the SHPO that an 

appeal is pending. 

(4) The Chief Appeals Officer will 

consider the record of the decision in 

question, any further written 

submissions by the owner, and other 

available information and will provide 

the appellant a written decision as 

promptly as circumstances permit. 

(5) Appeals under this section 

constitute an administrative review of 

the decision appealed from and are not 

conducted as an adjudicative 

proceeding. 

(b) The denial of a preliminary 

determination of significance for an 

individual property may not be 

appealed by the owner because the 

denial itself does not exhaust the 

administrative remedy that is available. 

The owner instead must seek recourse 

by undertaking the usual nomination 

process (36 CFR part 60). 

(c) * * * 

(3) Resubmit the matter to WASO for 

further consideration; or 

* * * * * 

11. Revise § 67.11 to read as follows: 

§ 67.11 Fees for processing certification 

requests. 

(a) Fees are charged for reviewing 

certification requests according to the 

schedule and instructions provided in 

public notices in the Federal Register 

by NPS. 

(b) No payment should be made until 

requested by the NPS. A certification 

decision will not be issued on an 

application until the appropriate 

remittance is received. 

(c) Fees are nonrefundable. 

Dated: October 5, 2010. 

Eileen Sobeck, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2010–25853 Filed 10–14–10; 8:45 am] 

BILLING CODE 4310–70–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–1806; MB Docket No. 10–189; RM– 

11611] 

Radio Broadcasting Services; Willow 

Creek, CA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments. The Commission requests 

comment on a petition filed by Miriam 

Media, Inc., proposing the allotment of 

FM Channel 258A at Willow Creek, 

California. Petitioner, the auction 

winner and permittee of Channel 253A, 

Willow Creek, has submitted an 

application to specify operation of the 

station on Channel 254C1 at Loleta, 

California. Petitioner proposes the 

allotment of Channel 258A at Willow 

Creek in order to maintain a first local 

service at that community. Petitioner 

concedes that the signal contour of 

proposed Channel 258A at Willow 

Creek would not provide 70 dBu citygrade coverage to the entire Census 

Designated Place of Willow Creek, but 

argues that it has demonstrated 

substantial compliance with section 

73.315(a) of the Commission’s rules, and 

that the proposed allotment would serve 

the public interest. Channel 258A can 

be allotted at Willow Creek in 

compliance with the Commission’s 

minimum distance separation 

requirements at 40–57–29 North 

Latitude and 123–42–23 West 

Longitude. See SUPPLEMENTARY

INFORMATION infra. 

DATES: The deadline for filing comments 

is November 18, 2010. Reply comments 

must be filed on or before December 3, 

2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve counsel 

for petitioner as follows: Evan Carb, 

Esq., Law Offices of Evan D. Carb, PLLC, 

1140 Nineteenth Street, NW., Suite 600, 

Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

10–189, adopted September 24, 2010, 

and released September 27, 2010. The 

full text of this Commission decision is 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

63432 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506 (c)(4). 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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, 336 and 

339. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under California, is 

amended by adding Channel 258A at 

Willow Creek. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 2010–26061 Filed 10–14–10; 8:45 am] 

BILLING CODE 6712–01–P 

mstockstill on DSKH9S0YB1PROD with PROPOSALS