51390 Federal Register / Vol. 69, No. 160 / Thursday, August 19, 2004 / Rules and Regulations

reference coordinates for Channel by adding Channel *296A and by Information Center, Portals II, 445 12th *232C2 at Hayward are 46–15–04 North removing Channel 296A at Shenandoah. Street, SW., Room CY–A257, Latitude and 91–23–01 West Longitude. I 7. Section 73.202(b), the Table of FM Washington, DC, 20554. The complete At the request of Fine Arts Radio, Inc. Allotments under West Virginia, is text of this decision may also be and West Virginia Educational amended by adding Channel *287A and purchased from the Commission’s Broadcasting Authority, the Audio by removing Channel 287A at St. Marys. duplicating contractor, Qualex Division grants petitions requesting to I 8. Section 73.202(b), the Table of FM International, Portals II, 445 12th Street, reserve vacant Channel 287A at St. Allotments under Wisconsin, is SW., Room CY–B402, Washington, DC, Marys, West Virginia for noncommercial amended by adding Channel *268C3 and 20554, telephone 202–863–2893. The educational use. The reference by removing Channel 268C3 at Augusta; Commission will send a copy of this coordinates for Channel *287A at St. and by adding Channel *232C2 and by Report and Order in a report to be sent Marys are 39–18–03 North Latitude and removing Channel 232C2 at Hayward. to Congress and the General Accounting 81–15–19 West Longitude. Federal Communications Commission. Office pursuant to the Congressional The FM Table of Allotments currently John A. Karousos, Review Act, see 5 U.S.C. 801(a)(1)(A). lists Channel 257C1 at Barnwell, South Assistant Chief, Audio Division, Media List of Subjects in 47 CFR Part 73 Carolina, however, the Audio Division Bureau. Radio, Radio broadcasting. substituted Channel 257C1 for Channel [FR Doc. 04–19023 Filed 8–18–04; 8:45 am] 256C3 at Barnwell, SC, reallotted I BILLING CODE 6712–01–P Part 73 of title 47 of the Code of Federal Channel 257C1 to Pembroke, Georgia, Regulations is amended as follows: and modified the license of Station WBAW to specify operation on Channel FEDERAL COMMUNICATIONS PART 73—RADIO BROADCAST 257C1 at Pembroke in MM Docket No. COMMISSION SERVICES 00–18. As such, Channel 256C3 was I 1. The authority citation for Part 73 allotted to Barnwell, SC as a 47 CFR Part 73 continues to read as follows: replacement service not Channel 257C1. [DA 04–2462; MB Docket No.03–98; RM– Authority: 47 U.S.C. 154, 303, 334 and 336. See 66 FR 55596, published November 10688] 2, 2001. § 73.202 [Amended] List of Subjects in 47 CFR Part 73 Radio Broadcasting Services; I 2. Section 73.202(b), the Table of FM Sellersburg and Seymour, IN Radio, Radio broadcasting. Allotments under Indiana, is amended AGENCY: Federal Communications by removing Seymour, Channel 229B I For the reasons discussed in the Commission. and by adding Sellersburg, Channel preamble, the Federal Communications 230A. Commission amends 47 CFR part 73 as ACTION: Final rule. Federal Communications Commission. follows: SUMMARY: This document substitutes John A. Karousos, PART 73—RADIO BROADCAST Channel 230A from 229B at Seymour, Assistant Chief, Audio Division, Media SERVICES Indiana and reallots Channel 230A from Bureau. Seymour to Sellersburg, Indiana, and [FR Doc. 04–19024 Filed 8–18–04; 8:45 am] modifies the license for Station WQKC I 1. The authority citation for part 73 BILLING CODE 6712–01–P continues to read as follows: to specify operation Channel 230A at Sellersburg, Indiana, in response to a Authority: 47 U.S.C. 154, 303, 334 and 336. petition filed by of INDY LICO, Inc., FEDERAL COMMUNICATIONS § 73.202 [Amended] licensee of Station WGRL(FM), COMMISSION I 2. Section 73.202(b), the Table of FM Noblesville, Indiana, and S.C.I. Allotments under Pennsylvania is Broadcasting, Inc., licensee of Station 47 CFR Part 73 WQKC(FM). See 68 FR 35617, June 16, amended by adding Channel *298A and [DA 04–2507; MM Docket No. 02–40; RM– by removing Channel 298A at Liberty; 2003. Channel 23A can be reallotted to 10377, RM–10508] and by adding Channel *227A and by Sellersburg in compliance with the removing Channel 227A at Commission’s minimum distance Radio Broadcasting Services; Susquehanna. separation requirements at a site11.5 Goldsboro, Louisburg, Rolesville, and I 3. Section 73.202(b), the Table of FM kilometers (7.1 miles) south of the Smithfield, NC Allotments under South Carolina, is community. The coordinates for Channel 230A at Sellerseburg are 38– AGENCY: Federal Communications amended by adding Channel *256C3 and Commission. by removing Channel 257C1 at Barnwell. 17–41 NL and 85–45–07 WL. Oppositions filed by Evangel Schools, ACTION: Final rule. I 4. Section 73.202(b), the Table of FM Inc., and Eric Heyob are denied. Allotments under Texas, is amended by SUMMARY: In response to a Notice of adding Channel *240A and by removing DATES: Effective September 23, 2004. Proposed Rule Making, 67 FR 10872 Channel 240A at Burnet; by adding FOR FURTHER INFORMATION CONTACT: (March 11, 2002), this Report and Order Channel *248C2 and by removing Victoria M. McCauley, Media Bureau, reallots Channel 272A, Station Channel 248C2 at Denver City; by adding (202) 418–2180. WKIX(FM), Goldsboro, North Carolina Channel *260A and by removing SUPPLEMENTARY INFORMATION: This is a to Smithfield, North Carolina, and Channel 260A at Van Alstyne. summary of the Commission’s Report modifies Station WKIX(FM)’s license I 5. Section 73.202(b), the Table of FM and Order, MB Docket No. 03–98, accordingly. The Commission approved Allotments under Utah, is amended by adopted August 4, 2004, and released the withdrawal of a counterproposal to adding Channel *260A and by removing August 9, 2004. The full text of this reallot Channel 273A from Station Channel 260A at Fountain Green. Commission decision is available for WHLQ(FM), Louisburg, North Carolina, I 6. Section 73.202(b), the Table of FM inspection and copying during regular to Rolesville, North Carolina. The Allotments under Virginia, is amended business hours in the FCC’s Reference coordinates for Channel 272A at

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Smithfield, North Carolina, are 35–28– DEPARTMENT OF TRANSPORTATION Administration’s Web page at http:// 21 NL and 78–19–43 WL, with a site www.sba.gov/advo/laws/law_lib.html. Federal Motor Carrier Safety restriction of 4.1 kilometers (2.5 miles) Summary of Today’s Action south of Smithfield. Administration The Uniting and Strengthening DATES: Effective September 27, 2004. 49 CFR Part 383 America by Providing Appropriate Tools Required to Intercept and FOR FURTHER INFORMATION CONTACT: R. [Docket No. FMCSA–2001–11117] Barthen Gorman, Media Bureau, (202) Obstruct Terrorism (USA PATRIOT) Act RIN 2126–AA70 418–2180. [Public Law 107–56, 115 Stat. 272] was enacted on October 25, 2001. Section SUPPLEMENTARY INFORMATION: This is a Limitations on the Issuance of 1012 of the USA PATRIOT Act synopsis of the Commission’s Report Commercial Driver’s Licenses With a amended 49 U.S.C. Chapter 51 by and Order, MM Docket No. 02–40, Hazardous Materials Endorsement adding a new sec. 5103a titled adopted August 10, 2004, and released AGENCY: Federal Motor Carrier Safety ‘‘Limitation on issuance of hazmat August 12, 2004. The full text of this Administration (FMCSA), DOT. licenses.’’ Section 5103a(a)(1) provides: Commission decision is available for ACTION: Interim final rule; delay of A State may not issue to any individual a inspection and copying during normal compliance date. license to operate a motor vehicle business hours in the FCC’s Reference transporting in commerce a hazardous Information Center at Portals II, 445 SUMMARY: FMCSA issues this rule to material unless the Secretary of 12th Street, SW., Room CY–A257, amend the compliance date in its Transportation has first determined, upon receipt of a notification under subsection Washington, DC 20554. The document Interim final rule (IFR) published in the May 5, 2003 Federal Register regarding (c)(1)(B), that the individual does not pose a may also be purchased from the security risk warranting denial of the license. Commission’s duplicating contractor, limitations on State issuance of a Best Copy and Printing, Inc., Portals II, commercial driver’s license (CDL) with FMCSA shares with TSA responsibility for implementing sec. 445 12th Street, SW., Room CY–B402, a hazardous materials endorsement. 1012 of the USA PATRIOT Act. Washington, DC 20554, telephone (202) States must not issue, renew, transfer or upgrade a CDL with a hazardous For reasons described in its April 6, 863–2893, facsimile (202) 863–2898. materials endorsement unless the 2004 final rule (Security Threat The Commission will send a copy of Transportation Security Administration Assessment for Individuals Applying for this Report and Order in a report to be (TSA) has first conducted a background a Hazardous Materials Endorsement for sent to Congress and the General records check of the applicant and a Commercial Drivers License; Final Accounting Office pursuant to the determined the applicant does not pose Rule, 69 FR 17969), TSA is amending Congressional Review Act, see 5 U.S.C. a security risk warranting denial of the the April 1, 2004, deadline for States to 801(a)(1)(A). hazardous materials endorsement. begin collecting fingerprints from a List of Subjects in 47 CFR Part 73 FMCSA is changing the date by which driver requesting authority to transport States must comply with TSA hazardous materials in commerce. The Radio, Radio broadcasting. regulations to coincide with the new new compliance date is January 31, compliance date established by TSA. 2005. Therefore, FMCSA revises the I Part 73 of Title 47 of the Code of The compliance date is changed from compliance date for hazardous materials Federal Regulations is amended as April 1, 2004, to January 31, 2005. security requirements published in its follows: DATES: Effective: This rule is effective on companion IFR (68 FR 23844, May 5, September 20, 2004. Compliance: States 2003) from April 1, 2004 to January 31, PART 73—RADIO BROADCAST must comply with this rule by January 2005 to coincide with the new TSA SERVICES 31, 2005. deadline. I 1. The authority citation for Part 73 FOR FURTHER INFORMATION CONTACT: Mr. Rulemaking Analyses and Notices reads as follows: Robert Redmond, Office of Safety Programs, (202) 366–9579, FMCSA, 400 Justification for Immediate Adoption Authority: 47 U.S.C. 154, 303, 334 and 336. 7th Street, SW., Washington, DC 20590. FMCSA is issuing this IFR without Office hours are from 8:30 a.m. to 5 prior notice and opportunity to § 73.202 [Amended] p.m., e.t., Monday through Friday, comment pursuant to its authority I 2. Section 73.202(b), the Table of FM except Federal holidays. under section 4(a) of the Administrative Allotments under North Carolina, is SUPPLEMENTARY INFORMATION: Procedure Act (5 U.S.C. 553(b)). This amended by removing Channel 272A at provision allows the agency to issue a Small Entity Inquiries Goldsboro and by adding Smithfield, final rule without notice and Channel 272A. The Small Business Regulatory opportunity to comment when the Enforcement Fairness Act of 1996 agency for good cause finds that notice Federal Communications Commission. requires FMCSA to comply with small and comment procedures are John A. Karousos, entity requests for information or advice ‘‘impracticable, unnecessary or contrary Assistant Chief, Audio Division, Media about compliance with statutes and to the public interest.’’ This amended Bureau. regulations within FMCSA’s IFR is ministerial in nature. It changes [FR Doc. 04–19027 Filed 8–18–04; 8:45 am] jurisdiction. Any small entity that has a the date on which States are required to BILLING CODE 6712–01–P question regarding this document may collect fingerprints from individuals contact the person listed in the FOR who are applying for, renewing, FURTHER INFORMATION CONTACT section upgrading or transferring a CDL with a for information or advice. You can get hazardous materials endorsement. further information regarding the Small Because the rule relieves a burden on Business Regulatory Enforcement stakeholders by extending the Fairness Act on the Small Business compliance date, FMCSA has concluded

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