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40278 Federal Register / Vol. 70, No.

133 / Wednesday, July 13, 2005 / Proposed Rules

Center, Portals II, 445 12th Street, SW., DATES: Comments must be filed on or PART 73—RADIO BROADCAST
Room CY–A257, Washington, DC 20554. before August 18, 2005, and reply SERVICES
The complete text of this decision also comments on or before September 2,
may be purchased from the 2005. 1. The authority citation for part 73
Commission’s duplicating contractor, continues to read as follows:
ADDRESSES: Federal Communications
Best Copy and Printing, Inc., 445 12th Commission, 445 Twelfth Street, SW., Authority: 47 U.S.C. 154, 303, 334 and 336.
Street, SW., Room CY–B402, Washington, DC 20554. In addition to § 73.202 [Amended]
Washington, DC, 20554, (800) 378–3160, filing comments with the FCC,
or via the company’s Web site, http:// 2. Section 73.202(b), the Table of FM
interested parties should serve Counsel
www.bcpiweb.com. This document is Allotments under California, is
for Petitioner as follows: Howard M.
not subject to the Congressional Review amended by removing Channel 241B at
Liberman, Esq., Drinker, Biddle & Reath,
Act. The Commission is, therefore, not Brawley; and by adding Campo,
LLP, 1500 K Street, NW., Suite 1100,
required to send a copy of this Report Channel 241B1.
Washington, DC 20005.
and Order in a report to be sent to FOR FURTHER INFORMATION CONTACT: Federal Communications Commission.
Congress and the Government Sharon P. McDonald, Media Bureau, John A. Karousos,
Accountability Office pursuant to the (202) 418–2180. Assistant Chief, Audio Division, Media
Congressional Review Act, see U.S.C. Bureau.
SUPPLEMENTARY INFORMATION: This is a
801(a)(1)(A), because the proposed rule [FR Doc. 05–13465 Filed 7–12–05; 8:45 am]
summary of the Commission’s Notice of
was dismissed.
Proposed Rule Making, MB Docket No. BILLING CODE 6712–01–P
Federal Communications Commission. 05–219, adopted June 23, 2005, and
John A. Karousos, released June 27, 2005. The full text of
Assistant Chief, Audio Division, Media this Commission decision is available FEDERAL COMMUNICATIONS
Bureau. for inspection and copying during COMMISSION
[FR Doc. 05–13466 Filed 7–12–05; 8:45 am] normal business hours in the
47 CFR Part 73
BILLING CODE 6712–01–P Commission’s Reference Center, 445
Twelfth Street SW., Washington, DC [DA 05–1859; MB Docket No. 04–404, RM–
20554. The complete text of this 11098, RM–11233]
FEDERAL COMMUNICATIONS decision may also be purchased from
COMMISSION the Commission’s duplicating Radio Broadcasting Services;
contractor, Best Copy and Printing, Inc., Cromwell and Maysville, OK
47 CFR Part 73 445 12th Street, SW., Room CY–B402, AGENCY: Federal Communications
Washington, DC 20054, telephone 1– Commission.
[DA 05–1779; MB Docket No. 05–219, RM– 800–378–3160 or http:// ACTION: Proposed rule; dismissal.
11249] www.BCPIWEB.com. This document
does not contain proposed information SUMMARY: The Audio Division dismisses
Radio Broadcasting Services; Brawley collection requirements subject to the a Petition for Rule Making filed by
and Campo, CA Paperwork Reduction Act of 1995, Charles Crawford, requesting the
AGENCY:Federal Communications Public Law 104–13. In addition, allotment of Channel 251A at Maysville,
Commission. therefore, it does not contain any Oklahoma, as its first local service. See
proposed information collection burden 69 FR 65119, published November 10,
ACTION: Proposed rule. ‘‘for small business concerns with fewer 2004. The document also dismisses a
than 25 employees,’’ pursuant to the counterproposal filed by Katherine
SUMMARY: The Audio Division seeks Small Business Paperwork Relief Act of Pyeatt, requesting the allotment of
comment on a petition filed by CCR- 2002, Public Law 107–198, see 44 U.S.C. Channel 251A at Crowell, Oklahoma.
Brawley IV, LLC, proposing the 3506(c)(4). The parties in this proceeding filed a
downgrade from Channel 241B to Provisions of the Regulatory withdrawal of their respective
Channel 241B1 at Brawley, the Flexibility Act of 1980 do not apply to expression of interest pursuant to
reallotment of Channel 241B1 from this proceeding. Section 1.420(j) of the Commission’s
Brawley to Campo, California, and the Members of the public should note rules. It is the Commission’s policy to
modification of Station KSIQ(FM)’s that from the time a Notice of Proposed refrain from making a new allotment to
license accordingly. Channel 241B1 can Rule Making is issued until the matter a community absent a bona fide
be reallotted to Campo in compliance is no longer subject to Commission expression of interest.
with the Commission’s minimum consideration or court review, all ex
ADDRESSES: Federal Communications
distance separation with a site parte contacts are prohibited in
restriction of 3.9 kilometers (1.4 miles) Commission, 445 Twelfth Street, SW.,
Commission proceedings, such as this
north at petitioner’s requested site. The Washington, DC 20554.
one, which involve channel allotments.
coordinates for Channel 241B1 at See 47 CFR 1.1204(b) for rules FOR FURTHER INFORMATION CONTACT:
Campo are 32–38–30 North Latitude and governing permissible ex parte contact. Rolanda F. Smith, Media Bureau, (202)
116–28–05 West Longitude. Since For information regarding proper 418–2180.
Campo is located within 320 kilometers filing procedures for comments, see 47 SUPPLEMENTARY INFORMATION: This is a
(199 miles) of the U.S.-Mexican border, CFR 1.415 and 1.420. synopsis of the Commission’s Report
concurrence of the Mexican government and Order, MB Docket No. 04–404,
has been requested. In accordance with List of Subjects in 47 CFR Part 73 adopted June 29, 2005, and released July
the provisions of Section 1.420(i) of the Radio, Radio broadcasting. 1, 2005. The full text of this
Commission’s rules, we shall not accept For the reasons discussed in the Commission decision is available for
competing expressions of interest for the preamble, the Federal Communications inspection and copying during regular
use of Channel 241B1 at Campo, Commission proposes to amend 47 CFR business hours at the FCC’s Reference
California. part 73 as follows: Information Center, Portals II, 445

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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Proposed Rules 40279

Twelfth Street, SW., Room CY–A257, September 12, 2005, to be considered in when the invoices and/or the outer
Washington, DC 20554. The complete the formulation of a final rule. shipping containers are not marked
text of this decision may also be ADDRESSES: Submit comments ‘‘Fast Pay,’’ even though the contract
purchased from the Commission’s identified by FAR case 2004–031 by any contains the fast payment clause. The
duplicating contractor, Best Copy and of the following methods: Councils believe that the FAR should be
Printing, Inc., 445 12th Street, SW., • Federal eRulemaking Portal: revised to provide the payment office
Room CY–B402, Washington, DC 20054, http://www.regulations.gov. Follow flexibility to make fast payments when
telephone 1–800–378–3160 or http:// the instructions for submitting invoices and/or outer shipping
www.BCPIWEB.com. This document is comments. containers are not marked ‘‘Fast Pay.’’
not subject to the Congressional Review • Agency Web Site: The proposed language permits, but
Act. (The Commission is, therefore, not http://www.acqnet.gov/far/ does not require, fast payment when
required to submit a copy of this Report ProposedRules/proposed.htm. Click on invoices and/or outer shipping
and Order to GAO, pursuant to the the FAR case number to submit containers are not marked ‘‘Fast Pay’’
Congressional Review Act, see 5 U.S.C. comments. provided the contract includes the ‘‘Fast
801(a)(1)(A) because the proposed rule • E-mail: farcase.2004–031@gsa.gov. Payment Procedure’’ clause. Under the
was dismissed. Include FAR case 2004–031 in the proposed language, when the payment
Federal Communications Commission. subject line of the message. office decides to not process invoices as
John A. Karousos, • Fax: 202–501–4067. ‘‘Fast Pay’’ because the proper markings
• Mail: General Services were not present, the payment date will
Assistant Chief, Audio Division, Media
Bureau. Administration, Regulatory Secretariat be the payment date that would have
(VIR), 1800 F Street, NW, Room 4035, applied had the ‘‘Fast Pay Procedures’’
[FR Doc. 05–13738 Filed 7–12–05; 8:45 am]
ATTN: Laurieann Duarte, Washington, clause not been in the contract. In this
BILLING CODE 6712–01–P
DC 20405. manner, an unmarked invoice will not
Instructions: Please submit comments be rejected. It is important to note that
only and cite FAR case 2004–031 in all this change does not eliminate the
DEPARTMENT OF DEFENSE requirement for the contractor to
correspondence related to this case. All
comments received will be posted annotate an invoice ‘‘Fast Pay;’’ the
GENERAL SERVICES
without change to http:// contractor remains at risk that fast
ADMINISTRATION
www.acqnet.gov/far/ProposedRules/ payment procedures will not be applied
proposed.htm, including any personal unless the invoice is annotated
NATIONAL AERONAUTICS AND
information provided. accordingly.
SPACE ADMINISTRATION Requirement to include the statement
FOR FURTHER INFORMATION CONTACT The
‘‘No Receiving Report Prepared.’’ The
48 CFR Part 52 FAR Secretariat at (202) 501–4755 for current requirement to mark invoices
[FAR Case 2004–031] information pertaining to status or ‘‘No Receiving Report Prepared’’ also
publication schedules. For clarification causes payment problems as discussed
RIN 9000–AK24 of content, contact Mr. Jeremy Olson, at above. In addition, the marking is
(202) 501–3221. Please cite FAR case misleading. A receiving report may be
Federal Acquisition Regulation; Fast 2004–031.
Payment Procedures prepared for the contract, but if so,
SUPPLEMENTARY INFORMATION: under fast pay procedures it is normally
AGENCIES: Department of Defense (DoD), still in processing channels when the
General Services Administration (GSA), A. Background
invoice arrives at the payment office.
and National Aeronautics and Space This FAR case was initiated at the However, if a receiving report is not
Administration (NASA). request of the DoD Acting Deputy Chief prepared, it is still imperative that the
ACTION: Proposed rule. Financial Officer (CFO), OUSD invoice includes sufficient information
(Comptroller), who believes FAR to facilitate follow-up verification that
SUMMARY: The Civilian Agency 52.213–1, Fast Payment Procedure, the item was received. The current FAR
Acquisition Council and the Defense should be revised to correct a deficiency and the proposed revision both include
Acquisition Regulations Council found during an internal review, a requirement for such information on
(Councils) are proposing to amend the namely, that many invoices were not the invoice. The difference is simply
Federal Acquisition Regulation (FAR) prominently marked ‘‘FAST PAY.’’ The that the proposed revision does not
by revising fast payment procedures. CFO recommends that the FAR be require the statement ‘‘No Receiving
The proposed revision permits, but does revised to: Report Prepared’’ on the invoice.
not require, fast payment when invoices • Address both hard copy invoices This is not a significant regulatory
and/or outer shipping containers are not and electronic invoices so that they may action and, therefore, was not subject to
marked ‘‘Fast Pay’’ provided the be accepted by the payment office if the review under Section 6(b) of Executive
contract includes the ‘‘Fast Payment ‘‘fast payment’’ clause is annotated Order 12866, Regulatory Planning and
Procedure’’ clause. As highlighted in the manually or electronically in the Review, dated September 30, 1993. This
proposed clause, if the clause is in the contract record; and rule is not a major rule under 5 U.S.C.
contract, the invoices will no longer be • Delete the requirement for marking 804.
rejected, as is the current practice. invoices ‘‘NO RECEIVING REPORT
Instead, they will be paid using either PREPARED.’’ B. Regulatory Flexibility Act
fast payment or normal payment Requirement to mark invoices and The Councils do not expect this
procedures. In addition, the proposed outer shipping containers ‘‘Fast Pay.’’ proposed rule to have a significant
revision deletes the requirement for The current requirement to display economic impact on a substantial
marking invoices ‘‘No Receiving Report ‘‘Fast Pay’’ prominently on the invoices number of small entities within the
Prepared.’’ and outer shipping containers causes meaning of the Regulatory Flexibility
DATES: Interested parties should submit payment problems. This requirement Act, 5 U.S.C. 601, et seq., because it will
comments in writing on or before forces payment offices to reject invoices have a beneficial, but small, impact.

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