Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Proposed Rules 65873

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–2856, MM Docket No. 01–332, RM–

10334]

Television Broadcast Service; Pueblo,

CO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by

Zavaletta Broadcasting of Pueblo, an

applicant for a construction permit for

a new television station to operate on

channel 26+ at Pueblo, Colorado,

requesting the substitution of channel

48 for channel 26+ at Pueblo. Channel

48 can be allotted to Pueblo, Colorado,

with zero offset consistent with the

criteria set forth in the Commission’s

Public Notice, released on November 22,

1999, DA 99–2605. The coordinates for

channel 48 are North Latitude 38–21–30

and West Longitude 104–33–24.

Pursuant to the Commission’s Public

Notice, we will not accept competing

expressions of interest in the use of

television channel 48 at Pueblo.

DATES: Comments must be filed on or

before February 4, 2002, and reply

comments on or before February 14,

2002.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW.,

Room TW–A325, Washington, DC

20554. In addition to filing comments

with the FCC, interested parties should

serve the petitioner, or its counsel or

consultant, as follows: Linda G. Coffin,

Skadden, Arps, Slate, Meagher & Flom

LLP, 1440 New York Avenue, NW,

Washington, DC 20005 (Counsel for

Zavaletta Broadcasting of Pueblo).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–332, adopted December 10, 2001,

and released December 13, 2001. The

full text of this document is available for

public inspection and copying during

regular business hours in the FCC

Reference Information Center, Portals II,

445 12th Street, SW., Room CY–A257,

Washington, DC, 20554. This document

may also be purchased from the

Commission’s duplicating contractor,

Qualex International, Portals II, 445

12th Street, SW., Room CY–B402,

Washington, DC, 20554, telephone 202–

863–2893, facsimile 202–863–2898, or

via-e-mail qualexint@aol.com.

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

Television broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—TELEVISION BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and

336.

§ 73.606 [Amended]

2. Section 73.606(b), the Table of

Television Allotments under Colorado

is amended by removing TV Channel

26+ and adding TV Channel 48 at

Pueblo.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–31457 Filed 12–20–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 222

[Docket No. 011130288–1288–01; I.D.

092101C]

RIN 0648-AP64

Endangered and Threatened Species;

Transfer of Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

public comments.

SUMMARY: NMFS proposes a rule that

would allow the transfer of certain

permits issued by NMFS under the

Endangered Species Act (ESA) of 1973,

as amended. This proposed rule would

allow the transfer of permits associated

with Habitat Conservation Plans, Safe

Harbor Agreements with Assurances

and Candidate Conservation

Agreements with Assurances. Currently,

if a permit holder wants to sell property

to a new owner, the new owner would

need to apply for a separate permit. If

regulations are put in place to allow

transfers, time and money will be saved

for NMFS and the new landowner with

no adverse impact on the environment.

DATES: Written comments on the

proposed rule must be received at the

appropriate address or fax number (see

ADDRESSES) no later than 5 p.m. Eastern

Standard Time on February 4, 2002.

ADDRESSES: Comments on this proposed

rule should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910. Comments may also be sent via

fax to (301) 713–0376. Comments will

not be accepted if submitted via e-mail

or the Internet.

FOR FURTHER INFORMATION CONTACT:

Margaret Lorenz or Lamont Jackson at

(301) 713–1401.

SUPPLEMENTARY INFORMATION:

Background

NMFS is responsible for

implementing the ESA, 16 U.S.C. 1531

et seq., with respect to most threatened

and endangered marine species.

NMFS’ regulation at 50 CFR 222.305

prohibits the transfer of all permits

issued under section 10(a) of the ESA.

While the restrictions imposed on

permit succession and transferability are

well justified for most situations (e.g.,

scientific research permits), they are

unnecessary and inappropriate for

enhancement and incidental take

permits associated with Habitat

Conservation Plans, Safe Harbor

Agreements with Assurances and

Candidate Conservation Agreements

with Assurances. These permits involve

substantial long-term conservation

commitments, and NMFS negotiates

these permits recognizing that there may

be succession or transfer in ownership

during the term of the permit. The U.S.

Fish and Wildlife Service (FWS) which

also implements the ESA, issued final

regulations on June 17, 1999 (64 FR

32706), allowing the transfer of these

enhancement and incidental take

permits, provided certain conditions are

met. On January 22, 2001 (66 FR 6483),