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Federal Register / Vol. 70, No.

4 / Thursday, January 6, 2005 / Rules and Regulations 1189

would either preempt State law or likely to have a significant adverse effect PART 165—REGULATED NAVIGATION
impose a substantial direct cost of on the supply, distribution, or use of AREAS AND LIMITED ACCESS AREAS
compliance on them. We have analyzed energy. The Administrator of the Office
this rule under that Order and have ■ 1. The authority citation for part 165
of Information and Regulatory Affairs
determined that it does not have continues to read as follows:
has not designated it as a significant
implications for federalism. energy action. Therefore, it does not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 50 U.S.C. 191, 195; 33 CFR
Unfunded Mandates Reform Act require a Statement of Energy Effects
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
under Executive Order 13211. 107–295, 116 Stat. 2064; Department of
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Technical Standards Homeland Security Delegation No. 0170.1.
Federal agencies to assess the effects of ■ 2. A new temporary section 165.T07–
their discretionary regulatory actions. In The National Technology Transfer 100 is added to read as follows:
particular, the Act addresses actions and Advancement Act (NTTAA) (15
that may result in the expenditure by a U.S.C. 272 note) directs agencies to use § 165.T07–145 Security Zone; Charleston
State, local, or tribal government, in the voluntary consensus standards in their Harbor, Cooper River, South Carolina
aggregate, or by the private sector of regulatory activities unless the agency (a) Regulated area. The Coast Guard is
$100,000,000 or more in any one year. provides Congress, through the Office of establishing a temporary fixed security
Though this rule will not result in such Management and Budget, with an zone on all waters of the Cooper River,
expenditure, we do discuss the effects of explanation of why using these bank-to-bank, from the Don Holt I–526
this rule elsewhere in this preamble. standards would be inconsistent with Bridge to the intersection of Foster
applicable law or otherwise impractical. Creek at a line on 32 degrees 58 minutes
Taking of Private Property North Latitude.
Voluntary consensus standards are
This rule will not affect a taking of (b) Regulations. Vessels or persons are
technical standards (e.g., specifications
private property or otherwise have prohibited from entering, transiting,
of materials, performance, design, or
taking implications under Executive mooring, anchoring, or loitering within
operation; test methods; sampling the Regulated Area unless authorized by
Order 12630, Governmental Actions and procedures; and related management
Interference with Constitutionally the Captain of the Port Charleston,
systems practices) that are developed or South Carolina or his or her designated
Protected Property Rights.
adopted by voluntary consensus representative. Persons desiring to
Civil Justice Reform standards bodies. transit the area of the security zone may
This rule meets applicable standards This rule does not use technical contact the Captain of the Port via VHF–
in sections 3(a) and 3(b)(2) of Executive standards. Therefore, we did not FM channel 16 or by telephone (843)
Order 12988, Civil Justice Reform, to consider the use of voluntary consensus 720–3240 to seek permission to transit
minimize litigation, eliminate standards. the area. If permission is granted, all
ambiguity, and reduce burden. persons and vessels must comply with
Environment the instructions of the Captain of the
Protection of Children Port or his or her designated
We have analyzed this rule under
We have analyzed this rule under representative.
Executive Order 13045, Protection of Commandant Instruction M16475.lD, (c) Effective period. This section is
Children from Environmental Health which guides the Coast Guard in effective from 8 a.m. on December 16,
Risks and Safety Risks. This rule is not complying with the National 2004, until 8 a.m. on June 1, 2005.
an economically significant rule and Environmental Policy Act of 1969
Dated: December 16, 2004.
does not create an environmental risk to (NEPA) (42 U.S.C. 4321–4370f), and
David Murk,
health or risk to safety that may have concluded that there are no factors
in this case that would limit the use of Lieutenant Commander, U.S. Coast Guard,
disproportionately affect children. Acting Captain of the Port, Charleston, South
a categorical exclusion under section Carolina.
Indian Tribal Governments 2.B.2 of the Instruction. Therefore, this [FR Doc. 05–231 Filed 1–5–05; 8:45 am]
This rule does not have tribal rule is categorically excluded, under
BILLING CODE 4910–13–P
implications under Executive Order figure 2–1, paragraph (34)(g), of the
13175, Consultation and Coordination Instruction, from further environmental
with Indian Tribal Governments, documentation. This rule fits within
because it does not have a substantial FEDERAL COMMUNICATIONS
paragraph (34)(g) because it is a security COMMISSION
direct effect on one or more Indian zone. Under figure 2–1, paragraph
tribes, on the relationship between the (34)(g), of the Instruction, an 47 CFR Part 27
Federal Government and Indian tribes, ‘‘Environmental Analysis Check List’’
or on the distribution of power and [WT Docket No. 03–66; RM–10586, FCC 04–
and a ‘‘Categorical Exclusion 135]
responsibilities between the Federal Determination’’ are not required for this
Government and Indian tribes.
rule. Facilitating the Provision of Fixed and
Energy Effects Mobile Broadband Access,
List of Subjects in 33 CFR Part 165
We have analyzed this rule under Educational and Other Advanced
Executive Order 13211, Actions Harbors, Marine safety, Navigation Services in the 2150–2162 and 2500–
Concerning Regulations That (water), Reporting and recordkeeping 2690 MHz Bands
Significantly Affect Energy Supply, requirements, Security measures, AGENCY: Federal Communications
Distribution, or Use. We have Waterways. Commission.
determined that it is not a ‘‘significant ACTION: Final rule; correction.
energy action’’ under that order because ■ For the reasons discussed in the
it is not a ‘‘significant regulatory action’’ preamble, the Coast Guard amends 33 SUMMARY: The Federal Communications
under Executive Order 12866 and is not CFR part 165, as follows: Commission (FCC) is correcting a final

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1190 Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations

rule that appeared in the Federal density for the station of 2000/60 = 33.3 § 27.1221 [Corrected]
Register of December 10, 2004 (69 FR watts EIRP per 100 kHz bandwidth. If a ■ 3. On page 72041, in the first column,
72020). This document renamed the non-uniform emission were substituted section 27.1221 is amended by adding
Instructional Television Fixed Service at the station, station power would still paragraphs (c), (d), and (e) as follows:
(ITFS) as the Educational Broadband be limited to a maximum of 33.3 watts
Service (EBS) and renaming the EIRP within any 100 kHz segment of the § 27.1221 Interference protection.
Multichannel Multipoint Distribution 6 MHz channel, irrespective of the fact * * * * *
Service (MMDS) and the Multipoint that this would result in a total 6 MHz (c) Protection for a Receiving-Antenna
Distribution Service (MDS) as the channel power of less than 2000 watts not Exceeding the Height Benchmark. A
Broadband Radio Service (BRS). The EIRP.’’ base station receive-antenna with an
rules restructure the 2500–2690 MHz HAAT less than or equal to the height
* * * * *
band, designate the 2495–2500 MHz benchmark relative to a neighbor’s
band for use in connection with the § 27.53 [Corrected] transmitting base station will be
2500–2690 MHz band, establish a plan protected if that station’s HAAT exceeds
to transition licenses to the restructured ■ 2. On page 72034, in the second its height benchmark. That station is
2500–2690 MHz band, adopt licensing, column, section 27.53 is amended by required to take such measures to limit
service, and technical rules to govern adding paragraphs (l)(6) and (l)(7) as the undesired signal at the receiving
licensees in the EBS and BRS, permit follows: base station to ¥109dBm or less.
spectrum leasing for BRS and EBS (d) No Protection from a
licensees under the Commission’s § 27.53 Emission limits. Transmitting-Antenna not Exceeding
secondary markets leasing policies and * * * * * the Height Benchmark. A base station
procedures, and permit unlicensed (l) * * * transmitting-antenna with an HAAT less
operation in the 2655–2690 MHz band. than or equal to the height benchmark
(6) Measurement procedure. relative to a neighbor’s receiving
DATES: Effective January 10, 2005.
Compliance with these rules is based on antenna is not required to protect that
FOR FURTHER INFORMATION CONTACT: the use of measurement instrumentation
Genevieve Ross or Nancy Zaczek at receiving station, regardless of the
employing a resolution bandwidth of 1 HAAT of that station.
202–418–2487. MHz or greater. However, in the 1 MHz (e) No Protection for a Receiving-
SUPPLEMENTARY INFORMATION: In FR 04– bands immediately outside and adjacent Antenna Exceeding the Height
26830 appearing on page 72020 in the to the frequency block a resolution Benchmark. A base station transmitting-
Federal Register of Friday, December bandwidth of at least one percent of the antenna with an HAAT greater than the
10, 2004, the following corrections are emission bandwidth of the fundamental height benchmark relative to a
made: emission of the transmitter may be neighbor’s receiving antenna is not
employed. A narrower resolution required to protect that receiving
PART 27—[CORRECTED]
bandwidth is permitted in all cases to antenna if its HAAT is greater than its
§ 27.50 [Corrected] improve measurement accuracy height benchmark.
■ 1. On page 72033, in the third column, provided the measured power is Federal Communications Commission.
section 27.50 is amended by adding integrated over the full required Marlene H. Dortch,
paragraphs (h)(3) and (h)(4) as follows: measurement bandwidth (i.e. 1 MHz or Secretary.
1 percent of emission bandwidth, as [FR Doc. 05–258 Filed 1–5–05; 8:45 am]
§ 27.50 Power limits. specified). The emission bandwidth is
BILLING CODE 6712–01–P
* * * * * defined as the width of the signal
(h) * * * between two points, one below the
(3) For television transmission, the carrier center frequency and one above
DEPARTMENT OF THE INTERIOR
peak power of the accompanying aural the carrier center frequency, outside of
signal must not exceed 10 percent of the which all emissions are attenuated at Fish and Wildlife Service
peak visual power of the transmitter. least 26 dB below the transmitter power.
The Commission may order a reduction With respect to television operations, 50 CFR Part 17
in aural signal power to diminish the measurements must be made of the
potential for harmful interference. separate visual and aural operating RIN 1018–AH55
(4) For main, booster and response powers at sufficiently frequent intervals
stations utilizing digital emissions with Endangered and Threatened Wildlife
to ensure compliance with the rules. and Plants; Mariana Fruit Bat
non-uniform power spectral density
(7) Alternative out of band emission (Pteropus mariannus mariannus):
(e.g. unfiltered QPSK), the power
limit. Licensees in this service may Reclassification From Endangered to
measured within any 100 kHz
establish an alternative out of band Threatened in the Territory of Guam
resolution bandwidth within the 6 MHz
emission limit to be used at specified and Listing as Threatened in the
channel occupied by the non-uniform
band edge(s) in specified geographical Commonwealth of the Northern
emission cannot exceed the power
permitted within any 100 kHz areas, in lieu of that set forth in this Mariana Islands
resolution bandwidth within the 6 MHz section, pursuant to a private
AGENCY: Fish and Wildlife Service,
channel if it were occupied by an contractual arrangement of all affected
Interior.
emission with uniform power spectral licensees and applicants. In this event,
each party to such contract shall ACTION: Final rule.
density, i.e., if the maximum
permissible power of a station utilizing maintain a copy of the contract in their SUMMARY: We, the U.S. Fish and
a perfectly uniform power spectral station files and disclose it to Wildlife Service (Service), reclassify
density across a 6 MHz channel were prospective assignees or transferees and, from endangered to threatened status
2000 watts EIRP, this would result in a upon request, to the FCC. the Mariana fruit bat (Pteropus
maximum permissible power flux * * * * * mariannus mariannus) from Guam,

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