Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Proposed Rules 59797

ADDRESSES: Federal Communications SUMMARY: The Commission requests Federal Communications Commission. Commission, 445 12th Street, SW, Room comments on a petition filed by KVVU Barbara A. Kreisman, TW–A325, Washington, DC 20554. In Broadcasting Corporation, licensee of Chief, Video Services Division, Mass Media addition to filing comments with the station KVVU–TV, NTSC Channel 5, Bureau. FCC, interested parties should serve the Henderson, Nevada, requesting the [FR Doc. 00–25738 Filed 10–5–00; 8:45 am] petitioner, or its counsel or consultant, substitution of DTV Channel 9 for BILLING CODE 6712±01±P as follows: Gene A. Bechtel, Bechtel and station KVVU–TV’s assigned DTV Cole, Chartered, Suite 250, 1901 L Channel 24. DTV Channel 9 can be Street, NW, Washington, DC 20036 allotted to Henderson, Nevada, in FEDERAL COMMUNICATIONS (Counsel for McLaughlin Broadcasting, compliance with the principle COMMISSION Inc.). community coverage requirements of section 73.625(a) at reference 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, (202) coordinates (36–00–28 N. and 115–00– [DA 00±2214, MM Docket No. 00±183, RM± 418–1600. 24 W.). As requested, we propose to 9959] allot DTV Channel 9 to Henderson with SUPPLEMENTARY INFORMATION: This is a a power of 85.6 and a height above Digital Television Broadcast Service; synopsis of the Commission’s Notice of average terrain (HAAT) of 407 meters. Albany, NY Proposed Rule Making, MM Docket No. 00–182, adopted October 3, 2000, and DATES: Comments must be filed on or AGENCY: Federal Communications released October 4, 2000. The full text before November 27, 2000, and reply Commission. of this Commission decision is available comments on or before December 12, ACTION: Proposed rule. for inspection and copying during 2000. SUMMARY: The Commission requests normal business hours in the FCC ADDRESSES: Federal Communications Reference Center 445 12th Street, SW, comments on a petition filed by Commission, 445 12th Street, SW., Hubbard Broadcasting, Inc., licensee of Washington, DC. The complete text of Room TW–A325, Washington, DC this decision may also be purchased WNYT(TV), NTSC Channel 13, Albany, 20554. In addition to filing comments New York, proposing the substitution of from the Commission’s copy contractor, with the FCC, interested parties should International Transcription Services, DTV Channel 12 for Station serve the petitioner, or its counsel or WNYT(TV)’s assigned DTV Channel 15. Inc., (202) 857–3800, 1231 20th Street, consultant, as follows: John Wells NW, Washington, DC 20036. DTV Channel 12 can be allotted to Kings, Haley, Bader & Potts, 4350 North Albany, New York, in compliance with Provisions of the Regulatory Fairfax Drive, Suite 900, Arlington, Flexibility Act of 1980 do not apply to the principle community coverage Virginia 22203–1633 (Counsel for KVVU requirements of Section 73.625(a) at this proceeding. Broadcasting Corporation). Members of the public should note reference coordinates (42–37–37 N. and that from the time a Notice of Proposed FOR FURTHER INFORMATION CONTACT: Pam 74–00–49 W.). However, since the Rule Making is issued until the matter Blumenthal, Mass Media Bureau, (202) community of Albany is located within is no longer subject to Commission 418–1600. 400 kilometers of the U.S.-Canadian consideration or court review, all ex SUPPLEMENTARY INFORMATION: This is a border, concurrence by the Canadian parte contacts are prohibited in synopsis of the Commission’s Notice of government must be obtained for this Commission proceedings, such as this Proposed Rule Making, MM Docket No. proposal. As requested, we propose to one, which involve channel allotments. 00–181, adopted October 3, 2000, and allot DTV Channel 12 to Albany with a See 47 CFR 1.1204(b) for rules released October 4, 2000. The full text power of 10 and a height above average governing permissible ex parte contacts. of this Commission decision is available terrain (HAAT) of 421 meters. For information regarding proper for inspection and copying during DATES: Comments must be filed on or filing procedures for comments, see 47 normal business hours in the FCC before November 27, 2000, and reply CFR 1.415 and 1.420. Reference Center 445 12th Street, SW., comments on or before December 12, 2000. Federal Communications Commission. Washington, DC. The complete text of Barbara A. Kreisman, this decision may also be purchased ADDRESSES: Federal Communications from the Commission’s copy contractor, Chief, Video Services Division, Mass Media Commission, 445 12th Street, SW., Bureau. International Transcription Services, Room TW–A325, Washington, DC Inc., (202) 857–3800, 1231 20th Street, [FR Doc. 00–25737 Filed 10–5–00; 8:45 am] 20554. In addition to filing comments NW., Washington, DC 20036. BILLING CODE 6712±01±P with the FCC, interested parties should Provisions of the Regulatory serve the petitioner, or its counsel or Flexibility Act of 1980 do not apply to consultant, as follows: Marvin FEDERAL COMMUNICATIONS this proceeding. Rosenberg, David A. O’Connor, Holland COMMISSION Members of the public should note & Knight, LLP, 2100 Pennsylvania that from the time a Notice of Proposed Avenue, NW., Suite 400 Washington, 47 CFR Part 73 Rule Making is issued until the matter DC 20037–3202 (Counsel for Hubbard is no longer subject to Commission Broadcasting, Inc.). [DA 00±2212, MM Docket No. 00±181, RM± consideration or court review, all ex FOR FURTHER INFORMATION CONTACT: Pam 9933] parte contacts are prohibited in Blumenthal, Mass Media Bureau, (202) Commission proceedings, such as this 418–1600. Digital Television Broadcast Service; one, which involve channel allotments. SUPPLEMENTARY INFORMATION: This is a Henderson, NV See 47 CFR 1.1204(b) for rules synopsis of the Commission’s Notice of governing permissible ex parte contacts. AGENCY: Federal Communications Proposed Rule Making, MM Docket No. Commission. For information regarding proper 00–183, adopted October 3, 2000, and filing procedures for comments, see 47 released October 4, 2000. The full text ACTION: Proposed rule. CFR 1.415 and 1.420. of this Commission decision is available

VerDate 112000 16:06 Oct 05, 2000 Jkt 194001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM pfrm02 PsN: 06OCP1 59798 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Proposed Rules for inspection and copying during Avery, Caldwell, and Watauga Counties, Comments and materials received, as normal business hours in the FCC North Carolina; and (3) portions at and well as supporting documentation used Reference Center 445 12th Street, SW., above 1,646 m (5,400 ft) in elevation at in preparation of this proposed rule, Washington, DC. The complete text of Roan Mountain, Avery and Mitchell will be available for public inspection, this decision may also be purchased Counties, North Carolina, and Carter by appointment, during normal business from the Commission’s copy contractor, County, Tennessee. All of the areas on hours at the above address. International Transcription Services, or in the vicinity of Mount LeConte, FOR FURTHER INFORMATION CONTACT: John Inc., (202) 857–3800, 1231 20th Street, Mount Collins, Clingmans Dome, and A. Fridell, Fish and Wildlife Biologist NW., Washington, DC 20036. Mount Buckley that are proposed for (see ADDRESSES section). Provisions of the Regulatory critical habitat designation are within SUPPLEMENTARY INFORMATION: Flexibility Act of 1980 do not apply to the boundaries of the GSMNP; all of the this proceeding. areas of Roan Mountain that are Background Members of the public should note proposed for critical habitat designation and Description that from the time a Notice of Proposed are within the boundaries of the Pisgah The spruce-fir moss Rule Making is issued until the matter National Forest in North Carolina and Microhexura montivaga) was originally is no longer subject to Commission the Cherokee National Forest in described by Crosby and Bishop (1925) consideration or court review, all ex Tennessee; and the areas of Grandfather based on collections made in 1923 from parte contacts are prohibited in Mountain that are proposed for critical Mount Mitchell in western North Commission proceedings, such as this habitat designation are privately owned. Carolina, the highest point in eastern one, which involve channel allotments. If this proposal is made final, section North America. Only a few specimens See 47 CFR 1.1204(b) for rules 7(a)(2) of the Act requires that Federal were taken, and little was known about governing permissible ex parte contacts. agencies ensure that actions they fund, the species until its ‘‘rediscovery’’ on For information regarding proper authorize, or carry out are not likely to Mount Mitchell, approximately 50 years filing procedures for comments, see 47 result in the destruction or adverse later by Dr. Frederick Coyle (Western CFR 1.415 and 1.420. modification of critical habitat. The Carolina University) and Dr. William Federal Communications Commission. regulatory impact of critical habitat Shear (Hampden-Sydney College) Barbara A. Kreisman, designation does not extend beyond (Coyle 1981). The subsequent work Chief, Video Services Division, Mass Media those activities funded, permitted, or (Coyle 1981, 1985, 1997, 1999; Harp Bureau. carried out by Federal agencies. State or 1991, 1992) represents the bulk of what [FR Doc. 00–25739 Filed 10–5–00; 8:45 am] private actions, with no Federal is presently known of the biology, involvement, are not affected. BILLING CODE 6712±01±P habitat, behavior, range of, and threats Section 4 of the Act requires us to to, the spider. consider the economic and other The spruce-fir moss spider belongs to DEPARTMENT OF THE INTERIOR relevant impacts of specifying any the Microhexura in the family particular area as critical habitat. We . Diplurids are in the Fish and Wildlife Service solicit data and comments from the primitive spider suborder public on all aspects of this proposal, , which are often 50 CFR Part 17 including data on the economic and referred to as ‘‘tarantulas’’ due to the other impacts of the designation. We inclusion of the large, hairy of RIN 1018ÐAG38 may revise this proposal to incorporate the family Theraphosidae. Only two or address comments and other Endangered and Threatened Wildlife genera of Dipluridae, Euagrus and information received during the and Plants; Proposed Designation of Microhexura, are found in the United comment period. Critical Habitat for the Spruce-fir Moss States. Species in the genus Euagrus are Spider DATES: We will consider comments medium to large spiders that build their received by December 5, 2000. We must silk sheets and funnels in rocky AGENCY: Fish and Wildlife Service, receive requests for public hearings, in situations in the arid Southwest. The Interior. writing, at the address shown in the genus Microhexura is the northernmost ACTION: Proposed rule. ADDRESSES section by November 20, representative of the family Dipluridae, 2000. and contains only two species—the SUMMARY: We, the U.S. Fish and spruce-fir moss spider (M. montivaga) Wildlife Service (Service), propose to ADDRESSES: If you wish to comment, and one with no common name (M. designate critical habitat for the spruce- you may submit your comments by any idahoana) (Chamberlin and Ivie). The fir moss spider (Microhexura one of several methods: two are distinguished by geographic montivaga) under the Endangered 1. You may submit written comments distribution and by features of the male Species Act of 1973, as amended (Act). and information to the State Supervisor, genitalia (Coyle 1981). Otherwise, they The proposed designation of critical Asheville Field Office, U.S. Fish and appear to be similar in both appearance habitat for the spruce-fir moss spider Wildlife Service, 160 Zillicoa Street, and habits (Service 1998). Microhexura includes—(1) Areas at and above 1,646 Asheville, North Carolina 28801. idahoana is found in conifer forests in meters (m) (5,400 feet (ft)) in elevation 2. You may hand-deliver written the Pacific Northwest (Coyle 1981). The in the Great Smoky Mountains National comments to our Asheville Field Office, spruce-fir moss spider (M. montivaga) is Park (GSMNP) on and/or in the vicinity at the above address or fax your known only from conifer forests in the of Mount LeConte in Sevier County, comments to 828/258–5330. mountains of North Carolina and Tennessee, and Mount Collins, 3. You may send comments by Tennessee (Coyle 1981, 1997, 1999; Clingmans Dome, and Mount Buckley in electronic mail (e-mail) to Harp 1991, 1992; Service 1995, 1998). Swain County, North Carolina, and [email protected]. For directions on The spruce-fir moss spider is the Sevier County, Tennessee; (2) areas at how to submit electronic filing of smallest of the mygalomorph spiders, and above 1,646 m (5,400 ft) in comments, see the ‘‘Public Comments with adults measuring only 2.5 to 3.8 elevation at Grandfather Mountain in Solicited’’ section. millimeters (0.10 to 0.15 inch) in length

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