10692 Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules and Regulations ownership proceeding concerning these the Administrative Procedure Act television licensees in 10 or more states; issues. We accordingly retain and (``APA'').5 The rule changes adopted in and/or any person, entity, or redesignate § 73.3555(e)(3) (i) and (ii). this Order do not involve discretionary corporation controlling, controlled by, The remainder of the definitions set action on the part of the Commission. or under common control with such forth in paragraph (e)(3) (defining Rather, they simply implement person, entity, or corporation; or ``minority'' and ``minority-controlled'') provisions of the Telecom Act that (2) Any network described in will be removed to conform to the rule direct the Commission to revise its rules paragraph (g)(1) of this section and an changes mandated by the Telecom Act. according to specific terms set forth in English-language program distribution 4. Dual Network Operations. Section the legislation. service that, on February 8, 1996, 73.658(g) of the Commission's Rules, Ordering Clause provided four or more hours of commonly known as the ``dual programming per week on a national network'' rule, currently prohibits 7. Accordingly, IT IS ORDERED that basis pursuant to network affiliation television stations from affiliating with pursuant to section 202(c)(1) and 202(e) arrangements with local television a network organization that maintains of the Telecommunications Act of 1996, broadcast stations in markets reaching more than one network of television and to section 4(i) and 303(r) of the more than 75 percent of television stations unless the networks are not Communications Act of 1934, as homes (as measured by a national operated simultaneously or unless there amended, 47 U.S.C. 154(i), 303(r), part ratings service). is no substantial overlap in the territory 73 of the Commission's Rules, 47 CFR * * * * * served by the group of stations part 73, is amended as set forth below. comprising each such network. For The rules are effective upon publication 3. Section 73.3555(e) is revised to purposes of the current rule, a network of this Order in the Federal Register.6 read as follows: organization is any entity that § 73.3555 Multiple ownership. simultaneously broadcasts an identical List of Subjects in 47 CFR Part 73 program to two or more interconnected Radio broadcasting. * * * * * (e)(1) National television multiple stations. Federal Communications Commission. 5. Section 202(e) of the Telecom Act ownership rule. No license for a William F. Caton, instructs the Commission to ``revise commercial TV broadcast station shall Section 73.658(g) of its regulations Acting Secretary. be granted, transferred or assigned to ** * to permit a television broadcast Rule Changes any party (including all parties under station to affiliate with a person or common control) if the grant, transfer or Part 73 of title 47 of the Code of entity that maintains 2 or more assignment of such license would result Federal Regulations is amended as networks of television broadcast stations in such party or any of its stockholders, follows: unless such dual or multiple networks partners, members, officers or directors, are composed ofÐ PART 73ÐRADIO BROADCAST directly or indirectly, owning, operating (1) Two or more persons or entities SERVICES or controlling, or having a cognizable that, on the date of enactment of the interest in TV stations which have an Telecommunications Act of 1996, are 1. The authority citation for part 73 aggregate national audience reach `networks' as defined in section continues to read as follows: exceeding thirty-five (35) percent. 73.3613(a)(1) of the Commission's Authority: 47 U.S.C. 154, 303, 334. (2) For purposes of this paragraph (e): regulations [in essence, this refers to the (i) National audience reach means the NBC, CBS, ABC, and Fox television 2. Section 73.658(g) is revised to read as follows: total number of television households in networks] * * *; or the Arbitron Area of Dominant (2) any network described in § 73.658 Affiliation agreements and Influence (ADI) markets in which the paragraph 1 and an English-language network program practices; territorial relevant stations are located divided by program distribution service that, on exclusivity in non-network program the total national television households such date, provides 4 or more hours of arrangements. as measured by ADI data at the time of programming per week on a national * * * * * a grant, transfer or assignment of a basis pursuant to network affiliation (g) Dual network operation. A license. For purposes of making this arrangements with local television television broadcast station may affiliate calculation, UHF television stations broadcast stations in markets reaching with a person or entity that maintains shall be attributed with 50 percent of more than 75 percent of television two or more networks of television the television households in their ADI homes (as measured by a national broadcast stations unless such dual or market. Where the relevant application ratings service) [in essence, this refers to multiple networks are composed of: forms require a showing with respect to the UPN or WB television networks].'' (1) Two or more persons or entities audience reach and the application Section 73.658(g) of the Commission's that, on February 8, 1996, were relates to an area where Arbitron ADI Rules will be modified to conform to ``networks.'' For the purposes of this market data are unavailable, then the section 202(e) of the Telecom Act, as set paragraph, the term network means any applicant shall make a showing as to the forth below. person, entity, or corporation which number of television households in its Administrative Matters offers an interconnected program market. Upon such a showing, the service on a regular basis for 15 or more Commission shall make a determination 6. We are revising these rules without hours per week to at least 25 affiliated as to the appropriate audience reach to providing prior public notice and an be attributed to the applicant. opportunity for comment because the 5 See 5 U.S.C. 553(b)(B) (notice requirements (ii) TV broadcast station or TV station rules being modified are mandated by inapplicable ``when the agency for good cause finds the applicable provisions of the ** * that notice and public procedure thereon are excludes stations which are primarily Telecom Act. We find that notice and impracticable, unnecessary, or contrary to the satellite operations. public interest''). * * * * * comment procedures are unnecessary, 6 See id. at section 553(d) (rules that relieve a and that this action therefore falls restriction may be effective less than 30 days after [FR Doc. 96±6206 Filed 3±14±96; 8:45 am] within the ``good cause'' exception of publication in the Federal Register). BILLING CODE 6712±01±P Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules and Regulations 10693 DEPARTMENT OF THE INTERIOR to 12 decimeters (24 to 47 inches (in.)) Creek divide, Mine Gulch, Tyron Bar, in diameter. The leaves are opposite, and West Creek. The Salmon River unit Fish and Wildlife Service somewhat succulent, green above and has about 1,660 plants occupying glaucescent (with a whitish or bluish approximately 68 acres along 18 miles 50 CFR Part 17 cast) below. Lower leaves are orbicular of banks and canyonland slopes above RIN 1018±AB97 or ovate-deltoid in shape and become the Salmon River, Idaho County, Idaho. progressively smaller toward the top of Known localities within the Salmon Endangered and Threatened Wildlife the stem. The inflorescence is a four- to River unit include Coddy Draw, Henry's and Plants; Reclassification of seven-flowered cluster subtended by an Gulch, John Day Creek, Long Gulch, Mirabilis Macfarlanei (MacFarlane's involucre. The flowers are striking due Lucas Draw, Lucile Caves, Four-O'clock) From Endangered to to their large size, up to 25 millimeters Skookumchuck Creek, and Slicker Bar. Threatened Status (mm) (1 in.) long and 25 mm (1 in.) The third unit, the Imnaha, was wide, and showy magenta color. They discovered in 1983 and has AGENCY: Fish and Wildlife Service, are funnel-form in shape with a widely approximately 800 plants on 70 acres of Interior. expanding limb. The flower is five- habitat along 3 miles of canyonland ACTION: Final rule. merous, with five stamens (male slopes above the Imnaha River, Wallowa reproductive structures) generally County, Oregon. Within the Imnaha SUMMARY: The U.S. Fish and Wildlife exerted. Flowering is from early May to unit, only two localities, Fence Creek Service (Service) makes a final early June, with mid-May usually being and Buck Creek, have been documented. determination to reclassify the plant the peak flowering period. Mirabilis The plants generally occur on talus Mirabilis macfarlanei (MacFarlane's macfarlanei is most closely related to M. slopes within canyonland corridors four-o'clock) to threatened status. The greenei Wats. of the Klamath (Siskiyou) above the three rivers. species was listed as an endangered region of California and Oregon Within the Snake River unit, all of the species in 1979. This action is due to (Constance and Rollins 1936). plants occur on Nez Perce and Wallowa/ improvement in the status of the species Mirabilis macfarlanei was named for Whitman National Forests lands. A and the discovery of additional Ed MacFarlane, a boatman on the Snake majority of the plants along the Snake populations. Mirabilis macfarlanei now River, who pointed out the plant along River are within the Hells Canyon occurs in three geographically isolated the Oregon side of the Snake River to National Recreation Area. Within the units occupying approximately 163 Rollins and Constance in 1936. These Salmon River unit, 935 plants (56 acres in Idaho and Oregon.