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Federal Register 1994-01-25: Vol 59 Iss 16 PDF

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Preview Federal Register 1994-01-25: Vol 59 Iss 16

Tuesday January 25,1994 United States SECOND CLASS NEWSPAPER Government Printing Office Postage and Fees Paid U S. Government Printing Office SUPERINTENDENT (ISSN 0097-6326) OF DOCUMENTS Washington, DC 20402 OFFICIAL BUSINESS Penalty for private use, S300 II Federal Register / Vol. 59, No. 16 / Tuesday, January 25, 1994 / Contents FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408. under the Federal Register Act (49 Stat. 500, as amended: 44 U.S.C Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless earlier filing is requested by the issuing agency. The seal of the National Archives and Records Administration authenticates this issue of the Federal Register as the official serial publication established under the Federal Register Act. 44 U.S.C. 1507 provides that the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and 24x microfiche format. The annual subscription price for the Federal Register pa_per edition is $444, or $490 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $403. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $6.00 for each issue, or $6.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling, international customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA or MasterCard. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 59 FR 12345. SUBSCRIPTIONS AND COPIES PUBUC Subscriptions: Paper or fiche 202-783-3238 Assistance with public subscriptions 512-2303 Single copies^Mck copies: Paper or fiche 783-3238 Assistance with public single copies 512-2457 FEDERAL AGENCIES Subscriptions: Paper or hche 523-5243 Assistance with Federal agency subscriptions 523-5243 For other telephone numbers, see the Reader Aids section at the end of this issue. Printed on recycled paper conta^'oing 100% post consumer waste IV Federal Register / Vol. 59, No. 16 / Tuesday, January 25, 1994 / Contents CFR PARTS AFFECTED IN THIS ISSUE A cuTTHjiative list of the parts affected this month can be found In the Reader Aids section at the end of this issue 14 CFR PropoMd Rules: 39.3636 47 CFR Ch. •. 3633 3633 Rules and Regulations Federal Register Vol. 59. No. 16 Tuesday, january 25, 1994 This section of the FEDERAL REGISTER minimize any significant economic 96-354, Stat. 1164, 5 U.S.C 601 etseq. contains regulatory documents having general impact of such rules upon a substantial (1981). applicability arxl legal effect, most of which number of small entities. Federal Communications Commission. are keyed to and codified in the Code of 2. The accompanying Appendix lists Federal Regulations, which is published under the FCC regulations to be reviewed William F. Caton, 50 titles pursuant to 44 U.S.C. 1510. Acting Secretary. during calendar year 1994. In The Code of Federal Regulations is sold by succeeding years, lists will be published Appendix—List of Rules for Review the Superintendent of Documents. Prices of for the review of regulations Pursuant to Section 610(c) of the new books are listed in the first FEDERAL promulgated ten years preceding the Regulatory Flexibility Act of 1980, 5 REGISTER issue of each week. year of review. U.S.C 610(c) For 1994 3. In reviewing each rule under this Common Carrier Bureau plan to minimize significant economic FEDERAL COMMUNICATIONS impact on small entities consistent with PART 21—DOMESTIC PUBLIC FIXED COMMISSION the stated objectives of applicable RADIO SERVICES statutes, the FCC will consider the 47 CFR Chapter I following factors: Subpart C—Technical Standards Regulatory Flexibility Act Plan for (1) The continued need for the rule; Need: These rules prescribe technical Periodic Review of the Commission’s (2) The nature of complaints or operating standards for stations in the Rules and Regulations comments received concerning the rule Elomestic Public Fixed Radio Services. from the public; Legal Basis: 47 U.S.C. 154, 303, 307-310. AGENCY: Federal Communications (3) The complexity of the rule; Commission. (4) The extent to which the rule Section Number and Title Description: ACTION: Plan for Periodic Review of overlaps, duplicates or conflicts with 21.105 Bandwidth., Rules and Regulations. other Federal rules, and, to the extent 21.107 Transmitter power. feasible, with State and local 21.120 Authorization of transmitters. SUMMARY: This action establishes a plan governmental rules; and Subpart J—Local Television Transmission for the review of FCC regulations (5) The length of time since the rule Service pursuant to the requirements of the has been evaluated or the degree to Need: These rules describe operating Regulatory Flexibility Act of 1980. The which technology, economic conditions, parameters for Local Television Appendix specifies the Commission’s or other factors have changed in the area Transmission Service licensees. rules that will be reviewed during affected by the rule. calendar year 1994. Any revision to this Legal Basis: 47 U.S.C. 154. 303. 307-310. 4. Appropriate information has been plan will be published in the Federal provided for each rule including a brief Section Number and Title Description: Register. description of the rule and the need for 21.804 Bandwidth and emission DATES: Comments must be submitted and legal basis of the rule. Pursuant to limitations. within 60 days from January 25,1994. the Regulatory Flexibility Act, the Subpart K—Multipoint Distribution Service ADDRESSES: Comments should be public is invited to comment on the Need: These rules describe operating submitted to: Secretary, Federal rules chosen for review within 60 days parameters for Multipoint Distribution Communications Commission. 1919 M fit>m January 25,1994. All relevant and Service licensees. Street NW., Washington. DC 20554. timely comments will be considered by FOR FURTHER INFORMATION CONTACT: the Commission before final action is Legal Basis: 47 U.S.C. 154, 303, 307-310. Terry Johnson, Office of Managing taken in this proceeding. To file Section Number and Title Description: Director (202) 632-0923. formally in this proceeding, participants 21.905 Emissions and bandwidth. SUPPLEMENTARY INFORMATION: Pursuant must file an original and four copies of to the published plan, specific all comments. If participants wish each PART 61—TARIFFS regulations which may require Commissioner to have a personal copy amendment or rescission will be of their comments, an original plus nine Need: These rules prescribe the published and provision will be made copies must be filed. Comments should framework for the initial establishment for comments by interested parties. be sent to the Office of the Secretary. of and subsequent revisions to tariff 1. Pursuant to the Regulatory Federal Communications Commission, publications. Flexibility Act of 1980, 5 U.S.C, 610, the Washington, DC 20554. Comments will Legal Basis: 47 U.S.C. 154(i), 154{j) and 5 Commission hereby publishes this plan be available for public inspection during U.S.C 553. for the review of all rules issued by the regular business hours in the FCC Section Number and Title Description: agency in calendar year 1984 which Reference Center (Room 239) of the have, or will have, a significant Federal Communications Commission, 61.1 Purpose and application. economic impact on a substantial 1919 M Street NW., Washington. DC 61.2 Clear and explicit explanatory number of small entities. The purpose of 20554. statements. the review will be to determine whether 5. It is ordered that, the Secretary Definitions such rules should be continued without shall send a copy of this notice to the 61.11 Act. change, or should be amended or Chief Counsel for Advocacy of the Small 61.12 Carriers. rescinded, consistent with the stated Business Administration pursuant to the 61.13 Change in rate structure. objectives of applicable statutes, to Regulatory Flexibility Act. Pub. L. No. 61.14 Charges. 3634 Federal Register / Vol. 59, No. 16 / Tuesday, January 25, 1994 / Rules and Regulations 61.14 Commercial Contractor. PART 63-EXTENSION OF LINES AND Section Number and Title Description: 61.16 Commission. DISCONTINUANCE. REDUCTION. 68.414 Hearing aid compatibility; 61.17 Corrections. OUTAGE AND IMPAIRMENT OF enforcement. 61.18 New service offering. SERVICE BY COMMON CARRIERS; Mass Media Bureau 61.19 Rate. AND GRANTS OF RECOGNIZED 61.20 Rate increase. PRIVATE OPERATING AGENCY PART 73-RADIO BROADCAST 61.21 Regulations. STATUS SERVICES 61.22 Supplement. 61.23 Tariff. Extensions and Supplements Subpart B—FM Broadcast Stations 61.24 Tariff publication, or publication. Need: These rules prescribe the Need: These rules establish operating 61.25 Text change. practices and procedures to be observed procedures for the FM broadcast radio 61.26 United Slates. for the construction, operation and services. General Rules discontinuance of telecommunications Legal Basis: 47 U.S.C. 154 and 303. 61.32 Method of filing publications. services. Section Number and Title Description: 61.33 Letters of transmittal. Legal Basis: 47 U.S.C. 151, 154, 201-205, 73.204 International agreements and other 61.35 Delivered free of charges. 218 and 403. restrictions on use of channels. 61.36 Tariff publications not returned. 61.38 Supporting information to be Section Number and Title Description: Subpart E—Television Broadcast Stations submitted with letters of transmittal. 63.07 Special procedures for non-dominant Need: These rules establish operating 61.40 Private Line Rate Structure domestic common carriers. procedures for television broadcast Guidelines. 63.08 Lines outside of a carrier’s exchange stations. telephone service area. Specific Rules for Tariff Publications Legal Basis: 47 U.S.C. 154 and 303. PART 6S-CONNECTION OF 61.52 Form, size, type, legibility, etc. Section Number and Title Description: 61.53 Consecutive numbering. TERMINAL EQUIPMENT TO THE 73.665 Use of TV aural baseband 61.54 Composition of tariffs. TELEPHONE NETWORK subcarriers. 61.56 Supplements. Subpart A—General 73.667 TV subsidiary communications 61.57 Cancellations. services. 61.58 Notice requirements. Need: These rules prescribe uniform 73.669 TV stereophonic aural and 61.59 Effective period required before standards to protect the telephone multiplex subcarrier operation. changes. network from harm, and for the Subpart H—Rules Applicable to All 61.6-7 New or discontinued telephone, compatibility of hearing aids and Broadcast Stations telegraph, teletypewriter service points; telephones. Need: These rules establish operating mileages. Legal Basis: 47 U.S.C. 151, 154, 201-205, procedures for all broadcast services. 61.68 Special notations. 215. 61.69 Rejection. Legal Basis: 47 U.S.C. 154 and 303. 61.71 Reissued matter. Section Number and Title Description: Section Number and Title Description: 61.72 Posting. 68.1 Purpose. 61.73 Duplication of rates and regulation. 68.2 Scope. 73.1400 Remote control authorizations. 73.1410 Remote control operation. 61.74 References to other instruments. Subpart C—Registration Procedures 73.1695 Changes in transmission standards. Concurrences Need: These rules prescribe Filing 73.1735 AM Station operation pre-sunrise and post-sunset. 61.131 ScopK!. requirements, application forms and 73.3555 Multiple ownership. 61.132 Method of filing concurrences. procedures for the registration of 73.3562 Staff consideration of applications 61.133 Format of concurrences. terminal equipment and protective not requiring action by the Commission. 61.134 Concurrences for through services. circuitry. 61.135 Concurrences for other purposes. Legal Basis: 47 U.S.C. 154, 201-205, 215. PART 74—EXPERIMENTAL, 61.136 Revocation of concurrences. AUXILIARY, AND SPECIAL Section Number and Title Description: BROADCAST AND OTHER PROGRAM Applications for Special Permission 68.200 Application for equipment DISTRIBUTIONAL SERVICES 61.151 Scope. registration. 61.152 Terms of applications and grants. 68.218 Responsibility of grantee of Subpart A—Experimental Broadcast 61.153 Method of filing applications. equipment registration. Stations Need: These rules establish operating Adoption of Tariffs and Other Documents of Subpart D—Conditions for Registration procedures for the experimental Predecessor Carriers Need: These rules prescribe the tests broadcast stations. 51.171 Adoption notice. to be conducted and criteria to be met Legal Basis: 47 U.S.C. 154,158 and 303. 61.172 Changes to be incorporated in tariffs in order to register terminal equipment in successor carrier. and protective circuitry. Section Number and Title Description: Suspensions Legal Basis: 47 U.S.C. 154,155,157. 74.101 Experimental broadcast stations. 74.102 Uses of experimental broadcast 61.191 Carrier to file supplement when Section Number and Title Description: stations. notified of suspension. 68.316 Hearing aid compatibility; technical 74.132 Power limitations. 61.192 Contents of supplement announcing standards. 74.134 Multiple ownership. suspension. 74.161 Frequency tolerances. 61.193 Vacation of suspension order; Subpart E—Complaint Procedures 74.162 Frequency monitors and supplements announcing same; etc. Need: These rules prescribe complaint measurements. procedures; and the enforcement thereof 74.163 Time of operation. by the Commission and the states. 74.181 Station records. 74.183 Station identification. Legal Basis: 47 U.S.C 154.155,157. 74.184 Rebroadcasts. Federal Register / Vol. 59, No. 16 / Tuesday, January 25, 1994 / Rules and Regulations 3635 Subpart D—Remote Pickup Broadcast Section Number and Title Description: Legai Basis: 47 U.S.C. 154 and 303. Stations 74.402 Authorized frequencies. Section Number and Title Description: Need: These rules establish operating Subpart F—Television Broadcast Auxiliary 74.655 Authorization of equipment. procedures for remote pickup broadcast Stations stations. Need: These rules establish operating IFR Doc. 94-1329 Filed 1-24-94; 8:45 ami procedures for television broadcast BILUNQ COOE 6712-ei-M Legal Basis: 47 U.S.C. 154 and 303. auxiliary stations. 3636 Proposed Rules Federal Register Vol. 59, No. 16 Tuesday, January 25, 1994 This section of the FEDERAL REGISTER The service information referenced in Discussion contains notices to the public of the proposed the proposed rule may be obtained from The Civil Aviation Authority (CAA), issuance of rules and regulations. The Jetstream Aircraft, Inc., P.O. Box 16029, purpose of these notices is to give interested Dulles International Airport, which is the airworthiness authority for persons an opportunity to participate in the Washington, DC 20041-6029. This the United Kingdom, recently notified rule making prior to the adoption of the final information may be examined at the the FAA that an unsafe condition may rules. exist on certain Jetstream Model 4101 FAA, Transport Airplane Directorate, airplanes. The CAA advises that it has 1601 Lind Avenue, SW., Renton, received reports that foreign objects and DEPARTMENT OF TRANSPORTATION Washington. debris (in these cases, forks and crushed FOR FURTHER INFORMATION CONTACT: soft drink cans) have been found in the Federal Aviation Administration William Schroeder, Aerospace Engineer, area aroimd the elevator and rudder Standardization Branch, ANM-113, 14 CFR Part 39 FAA, Transport Airplane Directorate, trim cables below the floor. The foreign objects and debris passed through a vent 1601 Lind Avenue, SW., Renton, [Docket No. 93-NM-200-AD] via a gap between the cushion and back Washington 98055—4056; telephone of the rear cabin attendant seat. These Airworthiness Directives; Jetstream (206) 227-2148; fax (206) 227-1320. foreign objects and debris can lodge in Model 4101 Airplanes SUPPLEMENTARY INFORMATION: the elevator and rudder trim control AGENCY: Federal Aviation Comments Invited circuits. This condition, if not corrected, Administration, DOT. could result in jamming of the elevator ACTION: Notice of proposed rulemaking paIrntitceirpeasttee di np ethrseo mnsa kairneg i novf ittheed to and rudder trim systems. (NPRM). Jetstream has issued Series 4100 Alert proposed rule by submitting such Service Bulletin J41-A25-034, Revision SUMMARY: This document proposes the written data, views, or arguments as 1, dated October 30,1993, that describes adoption of a new airworthiness they may desire. Communications shall procedures for a visual inspection of an directive (AD) that is applicable to identify the Rules Docket number and area beneath the flooring for foreign certain Jetstream Model 4101 airplanes. be submitted in triplicate to the address objects and debris, and removal of any This proposal would require a visual specified above. All communications foreign object or debris found. The alert inspection of an area beneath the received on or before the closing date service bulletin also describes flooring for foreign objects and debris, for comments, specified above, will be procedures for installation of a removal of any foreign object or debris considered before taking action on the protective guard on the rear cabin found, and installation of a protective proposed rule. The proposals contained attendant seat. Installation of this guard guard on the rear cabin attendant seat. in this notice may be changed in light will prevent any foreign object or debris This proposal would also require a of the comments received. from passing through the floor vent. In revision to the FAA-approved Comments are specifically invited on addition, the alert service bulletin maintenance program to include the overall regulatory, economic, describes procedures for revising environmental, and energy aspects of repetitive visual inspections of the area regularly scheduled maintenance above the protective guard for foreign the proposed rule. All comments procedures to include repetitive visual objects and debris, and removal of any submitted will be available, both before inspections of the area above the foreign object or debris found. This and after the closing date for comments, protective guard for foreign objects and proposal is prompted by reports that in the Rules Docket for examination by debris, and removal of any foreign foreign objects and debris have been interested persons. A report object or debris found. The CAA found in the area around the elevator summarizing each FAA-public contact classified this service bulletin as and rudder trim cables below the floor. concerned with the substance of this mandatory and issued CAA The actions specified by the proposed proposal will be filed in the Rules Airworthiness Directive 003-10-93 in AD are intended to prevent foreign Docket. order to assure the continued Commenters wishing the FAA to objects and debris from lodging in the airworthiness of these airplanes in the acknowledge receipt of their comments control circuits and jamming the United Kingdom. submitted in response to this notice elevator and rudder trim systems. must submit a self-addressed, stamped This airplane model is manufactured OATES: Comments must be received by postcard on which the following in the United Kingdom and is type March 22,1994. statement is made; “Comments to .certificated for operation in the United ADDRESSES: Submit comments in Docket Number 93-NM-200-AD.” The States under the provisions of Section triplicate to the Federal Aviation postcard will be date stamped and 21.29 of the Federal Aviation Administration (FAA), Transport returned to the commenter. Regulations and the applicable bilateral Airplane Directorate, ANM-103, airworthiness agreement. Pursuant to Attention: Rules Docket No. 93-NM- Availability of NPRMs this bilateral airworthiness agreement, 200-AD, 1601 Lind Avenue, SVV., Any person may obtain a copy of this the CAA has kept the FAA informed of Renton, Washington 98055-4056. NPRM by submitting a request to the the situation described above. The FAA Comments may be inspected at this FAA, Transport Airplane Directorate, has examined the findings of the CAA, location between 9 a.m. and 3 p.m., ANM-103, Attention: Rules Docket No. reviewed all available information, and Monday through Friday, except Federal 93-NM-200-AD, 1601 Lind Avenue, determined that AD action is necessary holidays. SW., Renton, Washington 98055—4056. for products of this type design that are

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