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Federal Register / Vol. 70, No.

148 / Wednesday, August 3, 2005 / Proposed Rules 44543

Commission proposes to amend 47 CFR of 11.6 kilometers (7.2 miles) northeast PART 73—RADIO BROADCAST
part 73 as follows: of Madisonville at reference coordinates SERVICES
31–02–22 NL and 95–51–00 WL.
PART 73—RADIO BROADCAST 1. The authority citation for part 73
DATES: Comments must be filed on or
SERVICES continues to read as follows:
before September 6, 2005, and reply
1. The authority citation for Part 73 comments on or before September 20, Authority: 47 U.S.C. 154, 303, 334 and 336.
continues to read as follows: 2005. Any counterproposal filed in this § 73.202 [Amended]
Authority: 47 U.S.C. 154, 303, 334 and 336.
proceeding need only protect FM
2. Section 73.202(b), the Table of FM
Station KNUE, Tyler, Texas, as a Class
Allotments under Texas is amended by
§ 73.202 [Amended] C0 allotment.
adding Rosebud, Channel 267A, by
2. Section 73.202(b), the Table of FM ADDRESSES: Federal Communications removing Channel 268C and by adding
Allotments under Kansas, is amended Commission, 445 Twelfth Street, SW., Channel 268C0 at Tyler.
by adding Channel 233A at Kiowa. Washington, DC 20554. In addition to
filing comments with the FCC, Federal Communications Commission.
Federal Communications Commission.
John A. Karousos, interested parties should serve the John A. Karousos,
petitioner as follows: Charles Crawford, Assistant Chief, Audio Division, Media
Assistant Chief, Audio Division, Media
Bureau. 4553 Bordeaux Avenue, Dallas, Texas Bureau.
75205. [FR Doc. 05–14963 Filed 8–2–05; 8:45 am]
[FR Doc. 05–14965 Filed 8–2–05; 8:45 am]
FOR FURTHER INFORMATION CONTACT: BILLING CODE 6712–01–P
BILLING CODE 6712–01–P
Rolanda F. Smith, Media Bureau, (202)
418–2180.
FEDERAL COMMUNICATIONS
FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This is a COMMISSION
COMMISSION synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No. 47 CFR Part 73
47 CFR Part 73 05–229, adopted July 13, 2005, and
[DA 05–2019; MB Docket No. 05–230; RM–
[DA 05–2018; MB Docket No. 05–229; RM– released July 15, 2005. The complete
11032]
10780] text of this decision may also be
purchased from the Commission’s Radio Broadcasting Services;
Radio Broadcasting Services; duplicating contractor, Best Copy and Auxvasse and Crestwood, MO
Rosebud, Tyler and Madisonville, Printing, Inc., 445 12th Street, SW.,
Texas Room CY–B402, Washington, DC 20054, AGENCY: Federal Communications
AGENCY: Federal Communications telephone 1–800–378–3160 or http:// Commission.
Commission. www.BCPIWEB.com. This document ACTION: Proposed rule.
does not contain proposed information
ACTION: Proposed rule. SUMMARY: This document requests
collection requirements subject to the
SUMMARY: This document requests Paperwork Reduction Act of 1995, comments on a Petition for Rule Making
comments on a Petition for Rule Making Public Law 104–13. In addition, filed by Charles Crawford requesting the
filed by Charles Crawford requesting the therefore, it does not contain any allotment of Channel 235A at Auxvasse,
allotment of Channel 267A at Rosebud, proposed information collection burden Missouri, as that community’s first local
Texas, as that community’s first local ‘‘for small business concerns with fewer service. The proposal also requires the
aural transmission service. To than 25 employees,’’ pursuant to the reclassification of Station KSHE(FM),
accommodate this allotment, Petitioner Small Business Paperwork Relief Act of Crestwood, Missouri, Channel 234C to
requests a change in reference 2002, Public Law 107–198, see 44 U.S.C. specify operation on Channel 234C0
coordinates for vacant FM Channel 3506(c)(4). pursuant to the reclassification
267A at Madisonville, Texas, which Provisions of the Regulatory procedures adopted by the Commission.
requires the reclassification of FM Flexibility Act of 1980 do not apply to See Second Report and Order in MM
Station KNUE, Channel 268C, Tyler, this proceeding. Docket 98–93, 1998 Biennial Regulatory
Texas, to specify operation on Channel Members of the public should note Review—Streamlining of Radio
268C0 pursuant to the reclassification that from the time a Notice of Proposed Technical Rules in Parts 73 and 74 of
procedures adopted by the Commission. Rule Making is issued until the matter the Commission’s Rules, 65 FR 79773
See Second Report and Order in MM is no longer subject to Commission (2000). An Order to Show Cause was
Docket 98–93, 1998 Biennial Regulatory consideration or court review, all ex issued to Emmis Radio License, LLC,
Review—Streamlining of Radio parte contacts are prohibited in licensee of Station KSHE(FM). Channel
Technical Rules in Parts 73 and 74 of Commission proceedings, such as this 235A can be allotted at Auxvasse,
the Commission’s Rules, 65 FR 79773 one, which involve channel allotments. Missouri, at Petitioner’s requested site
(2000). An Order to Show Cause was See 47 CFR 1.1204(b) for rules 10.3 kilometers (6.4 miles) southwest at
issued to Capstar Royalty II Coporation, governing permissible ex parte contacts. reference coordinates 38–58–04 NL and
licensee of FM Station KNUE. Channel For information regarding proper 91–59–47 WL.
267A can be allotted with a site filing procedures for comments, see 47 DATES: Comments must be filed on or
restriction 9.1 kilometers (5.6 miles) CFR 1.415 and 1.420. before September 6, 2005, and reply
southwest at reference coordinates 31– comments on or before September 20,
List of Subjects in 47 CFR Part 73 2005. Any counterproposal filed in this
01–44 NL and 97–03–31 WL. To
accommodate the proposed Rosebud Radio, Radio broadcasting. proceeding need only protect Station
allotment, we will propose the For the reasons discussed in the KSHE(FM), Crestwood, Missouri, as a
relocation of the reference coordinates preamble, the Federal Communications Class C0 allotment.
for vacant Channel 267A at Commission proposes to amend 47 CFR ADDRESSES: Federal Communications
Madisonville, TX, with a site restriction part 73 as follows: Commission, 445 Twelfth Street, SW.,

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44544 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Proposed Rules

Washington, DC 20554. In addition to Federal Communications Commission. complete file for this finding is available
filing comments with the FCC, John A. Karousos, for public inspection, by appointment,
interested parties should serve the Assistant Chief, Audio Division, Media during normal business hours at the
petitioner as follows: Charles Crawford, Bureau. above address.
4553 Bordeaux Avenue, Dallas, Texas [FR Doc. 05–14960 Filed 8–2–05; 8:45 am] FOR FURTHER INFORMATION CONTACT:
75205. BILLING CODE 6712–01–P Heather Barnes, Botanist, (see
FOR FURTHER INFORMATION CONTACT: ADDRESSES) (telephone 801–975–3330).
Rolanda F. Smith, Media Bureau, (202) SUPPLEMENTARY INFORMATION:
418–2180. DEPARTMENT OF THE INTERIOR
Background
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of Fish and Wildlife Service Sclerocactus wrightiae (Wright
Proposed Rule Making, MB Docket No. fishhook cactus) is a small barrel shaped
05–230, adopted July 13, 2005, and 50 CFR Part 17 cactus, with short central spines. Mature
released July 15, 2005. The complete adults produce vessel-shaped, cream-
Endangered and Threatened Wildlife
text of this decision may also be colored flowers with magenta filaments.
and Plants; 90-Day Finding on a
purchased from the Commission’s Wright fishhook cactus is known to
Petition To Delist Sclerocactus
duplicating contractor, Best Copy and occur across portions of four counties in
wrightiae (Wright Fishhook Cactus)
Printing, Inc., 445 12th Street, SW., Utah. It has been found on soil
and Initiation of a 5-Year Status Review
Room CY–B402, Washington, DC 20054, formations, such as Emery sandstone,
telephone 1–800–378–3160 or http:// AGENCY: Fish and Wildlife Service, Mancos shale, Dakota sandstone,
www.BCPIWEB.com. This document Interior. Morrison, Summerville, Curtis, Entrada
does not contain proposed information ACTION: Notice of a 90-day petition sandstone, Carmel, Moenkopi, and
collection requirements subject to the finding and initiation of a 5-year status alluvium (Neese 1987; Clark and
Paperwork Reduction Act of 1995, review. Groebner 2003). Vegetation associations
Public Law 104–13. In addition, include semi-barren sites within desert
therefore, it does not contain any SUMMARY: We, the U.S. Fish and scrub or open pinyon juniper woodland
proposed information collection burden Wildlife Service (USFWS), announce a communities at 1,300 to 2,300 meters
‘‘for small business concerns with fewer 90-day finding for a petition to remove (4,200 to 7,600 feet) in elevation. On
than 25 employees,’’ pursuant to the Sclerocactus wrightiae (Wright fishhook October 11, 1979, we listed Wright
Small Business Paperwork Relief Act of cactus), throughout its range, from the fishhook cactus as an endangered
2002, Public Law 107–198, see 44 U.S.C. Federal list of threatened and species (44 FR 58866) based on its
3506(c)(4). endangered species, pursuant to the limited population size and distribution
Provisions of the Regulatory Endangered Species Act of 1973, as as well as known and potential threats
Flexibility Act of 1980 do not apply to amended (Act). We reviewed the from collection, mineral resource
this proceeding. petition and supporting documentation exploration and extraction activities,
Members of the public should note and find that there is not substantial and off-road vehicle (ORV) use.
that from the time a Notice of Proposed information indicating that delisting of Section 4(b)(3)(A) of the Act requires
Rule Making is issued until the matter Wright fishhook cactus may be that we make a finding on whether a
is no longer subject to Commission warranted. Therefore, we will not be petition to list, delist, or reclassify a
consideration or court review, all ex initiating a further 12-month status species presents substantial scientific or
parte contacts are prohibited in review in response to this petition. commercial information indicating that
Commission proceedings, such as this However, we are initiating a 5-year the petitioned action may be warranted.
one, which involve channel allotments. review of this species under section ‘‘Substantial information’’ is defined in
See 47 CFR 1.1204(b) for rules 4(c)(2)(A) of the ESA that will consider 50 CFR 424.14(b) as ‘‘that amount of
governing permissible ex parte contacts. new information that has become information that would lead a
For information regarding proper available since the listing of the species. reasonable person to believe that the
filing procedures for comments, see 47 This will provide the States, Tribes, measure proposed in the petition may
CFR 1.415 and 1.420. other agencies, university researchers, be warranted.’’ Petitioners need not
and the public an opportunity to prove that the petitioned action is
List of Subjects in 47 CFR Part 73
provide information on the status of the warranted to support a ‘‘substantial’’
Radio, Radio broadcasting. species. We are requesting any new finding; instead, the key consideration
For the reasons discussed in the information on the Wright fishhook in evaluating a petition for
preamble, the Federal Communications cactus that has become available since substantiality involves demonstration of
Commission proposes to amend 47 CFR its original listing as an endangered the reliability and adequacy of the
part 73 as follows: species in 1979. information supporting the action
DATES: The finding announced in this advocated by the petition. We do not
PART 73—RADIO BROADCAST document was made on August 3, 2005. conduct additional research at this
SERVICES To be considered in the 5-year review, point, nor do we subject the petition to
1. The authority citation for part 73 comments and information should be rigorous critical review. If we find
continues to read as follows: submitted to us by October 3, 2005. substantial information exists to support
Authority: 47 U.S.C. 154, 303, 334 and 336. ADDRESSES: Data, information, written the petitioned action, we are required to
comments and materials, or questions promptly commence a status review of
§ 73.202 [Amended] concerning this petition finding and 5- the species (50 CFR 424.14).
2. Section 73.202(b), the Table of FM year review should be submitted to the On February 3, 1997, we received a
Allotments under Missouri is amended Field Supervisor, Utah Ecological petition from the National Wilderness
by adding Auxvasse, Channel 235A, by Services Office, U.S. Fish and Wildlife Institute, to remove Wright fishhook
removing Channel 234C and by adding Service, 2369 West Orton Circle, Suite cactus from the List of Endangered and
Channel 234C0 at Crestwood. 50, West Valley City, Utah 84119. The Threatened Wildlife and Plants on the

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