COURTHOUSE NEWS SERVICE

Federal Regulation Brief

Nov. 12, 2008

Today’s Brief Includes:

NATIONAL SECURITY, COMMUNICATION

(Nov. 4-10)

Communication (FCC) – Includes proposed regulations

Defense (DOD) – No newly published regulations this week

Homeland Security (DHS) – Includes proposed regulations

Selective Service System (SSS) – No newly published regulations this week

State (DOS) – No newly published regulations this week

Presidential Documents - Libya

MONEY, TRANSPORTATION

(Nov. 5-11)

Federal Deposit Insurance (FDIC)

Federal Reserve (FRS)

National Transportation Safety Board (NTSB) – No newly published regulations this week

Transportation (DOT) – Includes proposed regulations

Treasury (USDT) – Includes proposed regulations

COMMUNICATION (FCC)

NEWLY PUBLISHED REGULATIONS

Radio broadcasting services, La Grande and Prairie City, Oregon: Radio Broadcasting Services; La Grande and Prairie City, OR, Federal Register, November 10, 2008, Volume 73, Number 218, Rules and Regulations, Page 66560, 47 CFR Part 73, DA 08-2345, MB Docket No. 08-67, RM-11426, Final rule.

[TEXT][PDF]

(This final rule is effective December 8, 2008.)

SUMMARY: In response to a Petition for Rule Making filed by KSRV, Inc., licensee of Station KWRL, Channel 225C1, La Grande, Oregon, the Federal Communications Commission (FCC or Commission) substitutes Channel 272C for vacant Channel 260C at Prairie City, Oregon. This substitution enables Station KWRL to continue operation on Channel 260C1. This final rule also dismisses a Counterproposal filed by Pacific Empire Radio Corporation. The reference coordinates for the Channel 272C allotment at Prairie City, Oregon, are 45-07-21 and 117-46-44.

Radio broadcasting services, Linden, Tennessee: Radio Broadcasting Services; Linden, TN, Federal Register, November 10, 2008, Volume 73, Number 218, Rules and Regulations, Page 66559, 47 CFR Part 73, DA 08-2331, MB Docket No. 07-280, RM-11379, Final rule.

[TEXT][PDF]

(This final rule is effective December 8, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) grants a Petition for Rule Making issued at the request of George S. Flinn, Jr., proposing the allotment of Channel 267A at Linden, Tennessee, as its first local service. Channel 267A at Linden can be allotted, consistent with the minimum distance separation requirements of the Commission's Rules, at reference coordinates 35-39-45 NL and 87-44-25 WL with the imposition of a site restriction of 10.1 kilometers (6.3 miles) northeast of Linden. Due to the fact that Channel 267A at Linden already exists in the FM Table of Allotments, this final rule does not contain amendments.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Third periodic review of the Federal Communications Commission's Rules and Policies Affecting the Conversion to Digital Television: Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, Federal Register, November 10, 2008, Volume 73, Number 218, Rules and Regulations, Page 66560, 47 CFR Part 73, MB Docket No. 07-91, FCC 07-228, Final rule, announcement of effective date.

[TEXT][PDF]

(This final rule is effective November 10, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection(s) associated with Section 73.624(g) of the rules, and that this revised rule takes effect as of the date of this notice. On January 30, 2008, the Commission published the summary document of the Report and Order, In the Matter of the Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, FCC 07-228, at 73 FR 5634. The Ordering Clause of the Report and Order stated that the

Commission would publish a notice in the Federal Register announcing when the OMB approval for this rule section had been received and when the revised rule would take effect. This notice is consistent with the statement in the Report and Order.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Television broadcasting services, Honolulu and Waimanalo, Hawaii: Television Broadcasting Services; Honolulu and Waimanalo, Hawaii, Federal Register, November 7, 2008, Volume 73, Number 217, Rules and Regulations, Page 66198, 47 CFR Part 73, DA 08-2330, MB Docket No. 08-98, RM-11435, Final rule.

[TEXT][PDF]

(This final rule is effective December 8, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) grants a petition for rulemaking filed by Pacifica Broadcasting Company, permittee of KALO-DT, and Oceania Christian Church, permittee of KUPU-DT, to substitute DTV channel *38 for post-transition DTV channel *10 at Honolulu, Hawaii and DTV channel 15 for post-transition DTV channel 38 at Waimanalo, Hawaii.

Television broadcasting services, La Grande, Oregon: Television Broadcasting Services; La Grande, OR, Federal Register, November 7, 2008, Volume 73, Number 217, Rules and Regulations, Page 66199, 47 CFR Part 73, DA 08-2329, MB Docket No. 08-121, RM-11449, Final rule.

[TEXT][PDF]

(This final rule is effective December 8, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) grants a petition for rulemaking filed by Fisher Radio Regional Group, Inc., permittee of station KUNP-DT, to substitute DTV channel 16 for post-transition DTV channel 29 at La Grande, Oregon.

PROPOSED REGULATIONS

Radio broadcasting services, Marquez, Texas: Radio Broadcasting Services; Marquez, TX, Federal Register, November 10, 2008, Volume 73, Number 218, Proposed Rules, Page 66588, 47 CFR Part 73, DA 08-2333, MB Docket No. 08-196, RM-11487, Proposed rule.

[TEXT][PDF]

(Any comments must be filed on or before December 15, 2008, and any reply comments must be filed on or before December 30, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) requests comments on a petition for rulemaking filed by Charles Crawford, requesting the allotment of Channel 296A at Marquez, Texas. Channel 296A can be allotted to Marquez consistent with the minimum distance separation requirements of the Commission's Rules with the imposition of a site restriction 13.6 kilometers (8.4 miles) west of the community at reference coordinates 31-14-20 NL and 96-23-45 WL.

Radio broadcasting services, Silverpeak, Nevada: Radio Broadcasting Services; Silverpeak, NV, Federal Register, November 7, 2008, Volume 73, Number 217, Proposed Rules, Page 66210, 47 CFR Part 73, DA 08-2334, MB Docket No. 08-197, RM-11491, Proposed rule.

[TEXT][PDF]

(Any comments must be filed on or before December 15, 2008, and any reply comments must be filed on or before December 30, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) proposes to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Shamrock Communications, Inc. (petitioner). The petitioner proposes the allotment of FM Channel 291C at Silverpeak, Nevada, as that community's first local service. Channel 291C can be allotted in accordance with the Commission's minimum distance separation requirements with a site restriction of 42.0 km (26.1 miles) east of Silverpeak. The proposed coordinates for Channel 291C at Silverpeak are 47-49-22 North Latitude and 117-09-53 West Longitude.

Radio broadcasting services, Williston, South Carolina: Radio Broadcasting Services; Williston, SC, Federal Register, November 10, 2008, Volume 73, Number 218, Proposed Rules, Page 66588, 47 CFR Part 73, DA 08-2332, MB Docket No. 08-201, RM-11478, Proposed rule.

[TEXT][PDF]

(Any comments must be filed on or before December 15, 2008, and any reply comments must be filed on or before December 30, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) requests comments on a petition for rulemaking filed by Henry B. Shaffer, proposing to allot Channel 260A at Williston, South Carolina, as a second local service. Channel 220A can be allotted at Williston, South Carolina, with a site restriction of 3.1 kilometers (1.9 miles) northeast at coordinates 33-23-34 NL and 81-23-21 WL.

Petition of South Slope for classification as an incumbent local exchange carrier in the Oxford, Tiffin and Solon, Iowa exchanges, Section 251(h)(2): Petition of South Slope for Classification as an Incumbent Local Exchange Carrier in the Oxford, Tiffin and Solon, IA Exchanges; Section 251(h)(2), Federal Register, November 10, 2008, Volume 73, Number 218, Proposed Rules, Page 66585, 47 CFR Part 51, WC Docket No. 04-347, FCC 08-237, Proposed rule.

[TEXT][PDF]

(Any comments are due on or before December 10, 2008. Any reply comments are due on or before December 31, 2008.)

SUMMARY: In this Notice of Proposed Rulemaking, the Federal Communications Commission (FCC or Commission) seeks comment on whether South Slope Cooperative Telephone Company, Inc. (South Slope) should be treated as an incumbent local exchange carrier (LEC) for Section 251 of the Communications Act of 1934, as amended, (Communications Act or Act) in the Iowa exchanges of Oxford, Tiffin and Solon as provided for in Section 251(h)(2) of the Act. The Commission also requests comment on the appropriate regulatory treatment of South Slope and Iowa Telecommunications Services, Inc., the legacy incumbent LEC in those exchanges under Section 251 of the Act, if the Commission concludes that South Slope should be accorded incumbent LEC treatment in the Oxford, Tiffin and Solon exchanges.

Television broadcasting services, Ann Arbor, Michigan: Television Broadcasting Services; Ann Arbor, MI, Federal Register, November 6, 2008, Volume 73, Number 216, Proposed Rules, Page 66002, 47 CFR Part 73, DA 08-1502, MB Docket No. 08-101, RM-11438, Proposed rule.

[TEXT][PDF]

(Any comments must be filed on or before December 8, 2008, and any reply comments must be filed on or before December 22, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) requests comments on a channel substitution proposed by Paxson Communications License Company, LLC (Paxson), the permittee of WPXD-DT, post-transition DTV channel 31, Ann Arbor, Michigan. Paxson requests the substitution of DTV channel 19 for post-transition DTV channel 31 at Ann Arbor.

Television broadcasting services, Atlantic City, New Jersey: Television Broadcasting Services; Atlantic City, NJ, Federal Register, November 10, 2008, Volume 73, Number 218, Proposed Rules, Page 66589, 47 CFR Part 73, DA 08-2324, MB Docket No. 08-176, RM-11483, Proposed rule, dismissal.

[TEXT][PDF]

SUMMARY: The Federal Communications Commission (FCC or Commission), at the request of petitioner ZGS Philadelphia, Inc. (ZGS), licensee of WWSI-DT, dismisses ZGS's pending Petition for Rulemaking to substitute DTV channel 10 for post-transition DTV channel 49 at Atlantic City, New Jersey.

Television broadcasting services, Hayes Center, Nebraska: Television Broadcasting Services; Hayes Center, NE, Federal Register, November 6, 2008, Volume 73, Number 216, Proposed Rules, Page 66002, 47 CFR Part 73, DA 08-2116, MB Docket No. 08-193, RM-11489, Proposed rule.

[TEXT][PDF]

(Any comments must be filed on or before December 8, 2008, and any reply comments must be filed on or before December 22, 2008.)

SUMMARY: The Federal Communications Commission (FCC or Commission) requests comments on a channel substitution proposed by Pappas Telecasting of Central Nebraska, L.P. (Pappas), the permittee of KWNB-DT, DTV channel 18, Hayes Center, Nebraska. Pappas requests the substitution of DTV channel 6 for channel 18 at Hayes Center.

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HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS

COAST GUARD (USCG)

Drawbridge operation regulations, Atlantic Intracoastal Waterway (AIWW), Elizabeth River, Southern Branch, Virginia, maintenance: Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Elizabeth River, Southern Branch, VA, Maintenance, Federal Register, November 10, 2008, Volume 73, Number 218, Rules and Regulations, Page 66542, 33 CFR Part 117, USCG-2008-1090, RIN 1625-AA09, Notice of temporary deviation from regulations.

[TEXT][PDF]

(This temporary deviation from regulations is effective from 5 a.m. December 31, 2008, to 5 a.m. January 2, 2009.)

SUMMARY: The United States Coast Guard (USCG) approves a temporary change in regulations for the operation of the Norfolk Southern 7 Railroad Bridge, at Atlantic Intracoastal Waterway mile 5.8, across the Elizabeth River (Southern Branch) in Chesapeake, Virginia. Under this deviation, the drawbridge may remain in the closed position on specific dates and times to facilitate structural repairs.

Drawbridge operation regulations, Upper Mississippi River, Clinton, Iowa, activity identifier, repair and maintenance: Drawbridge Operation Regulation: Upper Mississippi River, Clinton, Iowa, Activity Identifier; Repair and Maintenance, Federal Register, November 10, 2008, Volume 73, Number 218, Rules and Regulations, Page 66543, 33 CFR Part 117, Docket No. USCG-2008-1046, Notice of temporary deviation from regulations.

[TEXT][PDF]

(This temporary deviation from regulations is effective from 12:01 a.m. December

15, 2008 until 9 a.m. March 15, 2009.)

SUMMARY: The United States Coast Guard (USCG) issues a temporary change in the regulation for the operation of the Clinton Railroad Drawbridge, across the Upper Mississippi River, mile 518.0, at Clinton, Iowa. This deviation is to allow time for maintenance and repairs to the bridge. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given from 12:01 a.m. December 15, 2008 until 9 a.m. March 15, 2009.

Safety zone, Christmas Holiday Boat Parade Fireworks Event, Appomattox River, Hopewell, Virginia: Safety Zone; Christmas Holiday Boat Parade Fireworks Event, Appomattox River, Hopewell, VA, Federal Register, November 6, 2008, Volume 73, Number 216, Rules and Regulations, Page 65982, 33 CFR Part 165, USCG-2008-0838, RIN 1625-AA00, Temporary final rule.

[TEXT][PDF]

(This temporary final rule is effective from 8 p.m. until 9 p.m. December 6, 2008.)

SUMMARY: The United States Coast Guard (USCG) establishes a 420-foot radius safety zone on the Appomattox River near Hopewell, Virginia in support of the Christmas Holiday Boat Parade Fireworks Event. This temporary final rule is to protect the maritime public on the Appomattox River from the hazards associated with fireworks displays.

SAFETY ZONE: This temporary safety zone encompasses all navigable waters of the Captain of the Port Sector Hampton Roads zone, as defined in 33 CFR 3.25-10, near the Appomattox River in Hopewell, Virginia within 420 feet of position 37°19'34" N, 77°16'00" W. All coordinates reference North American Datum 1983 (NAD 83).

Safety zone, Shoreacres Country Club Fireworks, Lake Bluff, Illinois: Safety Zone; Shoreacres Country Club Fireworks, Lake Bluff, IL, Federal Register, November 4, 2008, Volume 73, Number 214, Rules and Regulations, Page 65544, 33 CFR Part 165, Docket No. USCG-2008-1055, RIN 1625-AA00, Temporary final rule.

[TEXT][PDF]

(This temporary final rule is effective from 8:30 p.m. to 9:30 p.m. November 8, 2008.)

SUMMARY: The United States Coast Guard (USCG) establishes a temporary safety zone on Lake Michigan in Lake Bluff Illinois. This temporary safety zone is to restrict vessels from a part of Sector Lake Michigan during the November 8, 2008 Shoreacres Country Club Fireworks. This temporary safety zone is to protect spectators and vessels from the hazards associated with fireworks events.