40262
Federal
Register
/
Vol.
68,
No.
129
/
Monday,
July
7,
2003
/
Notices
determining
the
appropriate
action
to
be
taken,
but
will
not
serve
to
make
protestants
parties
to
the
proceeding.
Any
person
wishing
to
become
a
party
must
file
a
motion
to
intervene.
All
such
motions
or
protests
should
be
filed
on
or
before
the
comment
date,
and,
to
the
extent
applicable,
must
be
served
on
the
applicant
and
on
any
other
person
designated
on
the
official
service
list.
This
filing
is
available
for
review
at
the
Commission
or
may
be
viewed
on
the
Commission's
Web
site
at
http://
www.
ferc.
gov
,
using
the
``
FERRIS''
link.
Enter
the
docket
number
excluding
the
last
three
digits
in
the
docket
number
field
to
access
the
document.
For
assistance,
contact
FERC
Online
Support
at
FERCOnlineSupport@
ferc.
gov
or
tollfree
at
(
866)
208
 
3676,
or
for
TTY,
contact
(
202)
502
 
8659.
Protests
and
interventions
may
be
filed
electronically
via
the
Internet
in
lieu
of
paper;
see
18
CFR
385.2001(
a)(
1)(
iii)
and
the
instructions
on
the
Commission's
Web
site
under
the
``
e­
Filing''
link.
The
Commission
strongly
encourages
electronic
filings.

Magalie
R.
Salas,
Secretary.
[
FR
Doc.
03
 
17021
Filed
7
 
3
 
03;
8:
45
am]

BILLING
CODE
6717
 
01
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7522
 
8]

Agency
Information
Collection
Activities:
Proposed
Collection;
Comment
Request;
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan,
Subpart
J
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
this
document
announces
that
EPA
is
planning
to
submit
the
following
continuing
Information
Collection
Request
(
ICR)
to
the
Office
of
Management
and
Budget
(
OMB):
Nation
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
 
Subpart
J,
EPA
ICR
1664.05,
OMB
Control
Number
RIN
2050
 
AE87,
expiration
date
01/
31/
2004.
Before
submitting
the
ICR
to
OMB
for
review
and
approval,
EPA
is
soliciting
comments
on
specific
aspects
of
the
proposed
information
collection
as
described
below.
DATES:
Comments
must
be
submitted
on
or
before
September
5,
2003.
ADDRESSES:
Interested
persons
may
obtain
a
copy
of
the
ICR
without
charge
by
contacting
the
EPA
Docket
Center
at
1301
Constitution
Ave.,
NW.,
EPA
West,
Suite
B
 
102,
Washington,
DC
20460.
The
docket
number
for
this
ICR
is
OPA
2003
 
0001.
The
docket
is
contained
in
the
EPA
Docket
Center
and
is
available
for
inspection
by
appointment
only,
between
the
hours
of
8:
30
a.
m.
and
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
You
may
make
an
appointment
to
view
the
docket
by
calling
202
 
566
 
0276.
You
may
copy
a
maximum
of
100
pages
from
a
regulatory
docket
at
no
cost.
If
the
number
of
pages
exceeds
100,
however,
we
will
charge
you
$
0.15
for
each
page
after
100.
The
docket
will
mail
copies
to
you
if
you
are
outside
the
Washington,
DC
metropolitan
area.
FOR
FURTHER
INFORMATION
CONTACT:
William
``
Nick''
Nichols,
(
703)
603
 
9918,
Facsimile
Number
(
703)
603
 
9116,
e­
mail:
nichols.
nick@
epa.
gov.
SUPPLEMENTARY
INFORMATION:
Affected
entities:
Entities
potentially
affected
by
this
action
are
those
which
manufacture,
sell,
distribute
and/
or
use
oil
spill
dispersants,
other
chemicals,
and
other
spill
mitigating
devices
and
substances
that
may
be
used
in
carrying
out
the
NCP,
as
listed
in
40
CFR
300.900
on
land
or
waters
of
the
United
States.
Title:
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan,
Subpart
J
(
NCP)
(
OMB
Control
No.
RIN
2050
 
AE87;
EPA
ICR
No.
1664.05),
expiring
01/
31/
2004.
Abstract:
Subpart
J
of
the
NCP
allows
and
regulates
the
use
of
chemical
and
biological
oil
spill
cleanup
and
control
agents.
The
information
collected
is
supplied
by
the
manufacturer
of
such
products.
This
information
and
data
are
then
analyzed
by
EPA
to
determine
the
appropriateness,
and
under
which
category,
the
product
may
be
listed
on
the
NCP
Product
Schedule.
This
product
data
is
critical
for
EPA
to
obtain
in
order
to
assure
that
effectiveness
and
toxicity
data
for
these
products
is
available
to
the
oil
spill
community
in
order
to
use
them
legally
and
effectively.
Responses
to
the
collection
of
information
are
mandatory
if
EPA
determines
that
the
products
specifications
require
its
listing
under
subpart
J
(
40
CFR
300.5
Definitions).
However,
manufacturers
volunteer
to
have
their
product
analyzed.
The
authority
to
review
and
use
a
product
is
40
CFR
300.910.
Confidentiality
of
data,
ingredients,
and
other
proprietary
information
for
the
products
is
maintained
by
EPA.
Manufacturers
may
use
any
certified
lab
in
the
U.
S.
to
test
their
product's
effectiveness
and
toxicity.
The
cost
of
such
tests
range
from
$
1,200
to
$
15,000
per
test.
The
process
to
have
a
product
listed
takes
at
least
30
days,
but
no
longer
than
60
days,
depending
on
the
accuracy
and
completeness
of
the
product
information
package
provided
to
EPA
by
the
manufacturer.
Due
to
the
technical
and
graphical
data
required
to
be
listed,
electronic
submissions
are
not
accepted.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.
The
EPA
would
like
to
solicit
comments
to:
(
i)
Evaluate
whether
the
proposed
collection
of
information
is
necessary
for
the
proper
performance
of
the
functions
of
the
agency,
including
whether
the
information
will
have
practical
utility;
(
ii)
Evaluate
the
accuracy
of
the
agency's
estimate
of
the
burden
of
the
proposed
collection
of
information,
including
the
validity
of
the
methodology
and
assumptions
used;
(
iii)
Enhance
the
quality,
utility,
and
clarity
of
the
information
to
be
collected;
and
(
iv)
Minimize
the
burden
of
the
collection
of
information
on
those
who
are
to
respond,
including
through
the
use
of
appropriate
automated
electronic,
mechanical,
or
other
technological
collection
techniques
or
other
forms
of
information
technology,
e.
g.,
permitting
electronic
submission
of
responses.
Burden
Statement:
Estimated
projected
cost
and
hour
burden
for
listing
a
product
are
between
13.4
and
40
hours
at
a
cost
ranging
from
under
$
3,500
to
$
16,021
depending
on
the
product
and
what
the
lab
charges
the
manufacturer
to
test
the
product.
EPA
estimates
that
an
average
of
14
product
applications
are
submitted
each
year
at
a
cost
of
$
95,558
($
6,825
average)
to
manufacturers
and
$
17,708
to
EPA.
Additional
data
requirements
include
changes
to
manufacturer's
address,
name
of
product,
distributers,
product
specifications,
and
any
other
changes
to
the
product.
Changes
to
the
product's
composition
may
require
further
testing
and
data
submission
to
EPA.
Otherwise
the
cost
to
supply
this
information
to
EPA
is
a
one­
time
cost.
EPA
does
not
charge
any
fees
to
maintain
records
for
a
product
nor
are
there
any
costs
to
update
the
product's
file
other
than
those
mentioned
above.
There
are
no
required
capital,
start
up
cost
or
fees
required
by
EPA
to
have
a
product
listed.

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40263
Federal
Register
/
Vol.
68,
No.
129
/
Monday,
July
7,
2003
/
Notices
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.

Dated:
June
27,
2003.
Stephen
Heare,
Acting
Director,
Office
of
Emergency
Prevention,
Preparedness,
and
Response.
[
FR
Doc.
03
 
17103
Filed
7
 
3
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
FEDERAL
COMMUNICATIONS
COMMISSION
[
MB
Docket
No.
03
 
15,
RM
9832,
MM
Docket
Nos.
99
 
360,
00
 
167,
00
 
168;
DA
03
 
1292]

RIN
3060
 
AH54
Simulcasting
Requirements
AGENCY:
Federal
Communications
Commission.
ACTION:
Notice;
temporary
waiver
request.

SUMMARY:
This
document
discusses
three
requests
filed
with
the
Commission
by
various
parties
regarding
DTV
simulcasting
requirements.
This
item
grants
a
6
month
waiver
of
NCE
TV
stations
to
give
them
more
time
to
comply
with
the
requirements.
This
document
also
denies
a
request
for
suspension
of
the
increase
in
minimum
DTV
operating
hours.
These
actions
are
taken
in
compliance
with
the
Commission's
DTV
rules.
FOR
FURTHER
INFORMATION
CONTACT:
Kim
Matthews,
Media
Bureau
at
(
202)
418
 
2154
or
via
Internet
at
Kim.
matthews@
fcc.
gov.

SUPPLEMENTARY
INFORMATION:
This
document
is
a
summary
of
the
Commission's
Order,
MB
03
 
15;
DA
03
 
1292,
adopted
April
28,
2003
and
released
April
29,
2003.
The
full
text
of
this
Order
is
available
for
inspection
and
copying
during
normal
business
hours
in
the
FCC
Reference
Information
Center,
Portals
II,
445
12th
Street,
SW.,
Room
CY
 
A257,
Washington,
DC
20554,
and
may
be
purchased
from
the
Commission's
copy
contractor,
Qualex
International,
Portals
II,
445
12th
Street,
SW.,
Room
CY
 
B402,
Washington,
DC
20554,
telephone
(
202)
863
 
2893,
facsimile
(
202)
863
 
2898,
or
via
e­
mail
qualexint@
aol.
com
or
may
be
viewed
via
Internet
at
http://
www.
fcc.
gov/
mb/.

Synopsis
of
Order
1.
The
Media
Bureau
has
received
three
requests
related
to
the
DTV
simulcast
requirements
in
§
73.624(
f)
of
our
rules.
Noncommercial
educational
television
stations
collectively
request
a
temporary
suspension
of
the
DTV
simulcasting
requirements
as
they
apply
to
NCE
stations.
Paxson
Communications
Corporation
(``
Paxson'')
and
Milwaukee
Area
Technical
College
(``
MATC'')
request
temporary
waivers
of
§
73.624(
f).
As
discussed,
we
grant
NCE
stations
a
sixmonth
waiver
of
the
DTV
simulcast
requirements.
We
also
grant
the
waiver
request
of
MATC
and
deny
the
Paxson
waiver
request.

Background
2.
Section
73.624(
f)
of
the
Commission's
rules
requires
DTV
licensees
to
simulcast
50%
of
the
video
programming
of
their
analog
channel
on
their
DTV
channel
by
April
1,
2003.
This
requirement
increases
to
a
75%
simulcast
requirement
on
April
1,
2004,
and
a
100%
requirement
on
April
1,
2005.
The
simulcasting
requirement
was
intended
to
ensure
that
consumers
enjoy
continuity
of
free
over­
the­
air
video
programming
service
when
analog
spectrum
is
reclaimed
at
the
end
of
the
transition.
The
Commission
stated
that
it
may
be
difficult
to
terminate
analog
broadcast
service
if
broadcasters
show
programs
on
their
analog
channels
that
are
not
available
on
their
digital
channels.
3.
In
the
Memorandum
Opinion
and
Order
on
Reconsideration
(``
MO&
O'')
in
the
1st
DTV
periodic
review,
MM
00
 
39
(
66
FR
65122,
December
18,
2001),
the
Commission
allowed
stations
subject
to
the
May
1,
2002,
or
May
1,
2003,
digital
construction
deadlines
to
operate
initially
at
a
reduced
schedule
by
providing,
at
a
minimum,
a
digital
signal
during
prime
time
hours,
consistent
with
their
simulcast
obligations.
The
minimum
operating
hours
for
these
digital
stations
effectively
increases
as
the
simulcast
obligations
are
phased
in.
For
example,
beginning
April
1,
2003,
a
DTV
station
that
was
required
to
be
on
the
air
by
May
1,
2002,
must
provide
a
simulcast
digital
signal
at
least
50%
of
the
time
it
transmits
an
analog
signal
and.
Along
with
the
simulcasting
requirements,
the
minimum
hours
requirements
step
up
to
a
75%
requirement
in
April
2004,
and
a
100%
requirement
in
April
2005.
Stations
that
were
subject
to
the
earlier
DTV
construction
deadlines
(
top
four
network
affiliates
in
the
top
thirty
markets)
are
required
to
operate
their
DTV
station
at
any
time
that
the
analog
station
is
operating.
4.
In
the
Notice
of
Proposed
Rule
Making
(``
NPRM'')
initiating
the
2nd
periodic
review
of
the
transition
to
digital
television
(
68
FR
7737,
February
18,
2003),
the
Commission
sought
comment
on
whether
it
should
retain,
revise,
or
remove
the
simulcast
requirement.
The
Commission
asked
whether
broadcasters
have
a
marketbased
incentive
to
simulcast
that
makes
a
simulcast
requirement
unnecessary.
The
Commission
also
asked
whether
the
simulcasting
requirement
is
causing
broadcasters
to
forego
creative
uses
of
digital
technology,
and
if
something
less
than
the
ultimate
100%
simulcast
requirement
would
be
sufficient
to
protect
analog
viewers
while
allowing
for
innovation
on
DTV
channels.
The
Commission
also
sought
comment
on
how
to
define
simulcasting,
and
whether
the
current
dates
for
the
phasein
of
simulcast
requirements
are
appropriate.
5.
NCE
Television
Stations.
Dow,
Lohnes
&
Albertson,
Schwartz,
Woods
&
Miller,
the
Public
Broadcasting
Service,
and
the
Association
of
Public
Television
Stations
(
collectively
referred
to
herein
as
``
PBS,
et
al.''),
on
behalf
of
NCE
TV
licensees,
request
that
the
FCC
temporarily
suspend
the
DTV
simulcasting
requirements
as
they
apply
to
NCE
stations
pending
FCC
action
on
the
simulcasting
issues
in
the
2nd
DTV
periodic
review
proceeding.
The
emergency
request
states
that,
although
many
NCE
DTV
stations
will
be
able
to
transmit
a
digital
television
signal
by
the
May
1,
2003,
construction
deadline,
some
stations
do
not
yet
have
in
place
necessary
studio
transmitter
links
(``
STLs'')
or
other
digital
interconnection
facilities
between
their
studios
and
their
transmitters
to
permit
them
to
receive
the
simulcast
programming
feed
from
their
studios.
According
to
PBS,
some
NCE
stations
also
do
not
yet
have
the
encoding
equipment
that
enables
the
station
to
digitize
its
NTSC
programming
for
DTV
broadcast.
6.
We
recognize
that,
unlike
commercial
licensees,
the
deadlines
to
complete
construction
of
digital
facilities
and
to
comply
with
the
50%
simulcasting
requirement
for
noncommercial
educational
licensees
were
the
same.
PBS
states
that
many
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