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					                                                                     Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Proposed Rules                                            24635

                                              ACA asks the Commission to clarify that                 (Published at 68 FR 44144, July 25,                    The complete text of this decision also
                                              47 CFR 64.1200(a)(1)(iii) of the                        2003). ACA believes this conclusion has                may be purchased from the
                                              Commission’s rules does not apply to                    created uncertainty for creditors that use             Commission’s duplicating contractor,
                                              creditors and collectors when calling                   predictive dialers to call wireless phone              Best Copy and Printing, Inc., 445 12th
                                              telephone numbers to recover payments                   numbers. Without clarification that                    Street, SW., Room CY–B402,
                                              for goods and services received by                      creditors’ calls are not subject to the                Washington, DC, 20554, (800) 378–3160,
                                              consumers. Section 64.1200(a)(1)(iii) of                restrictions on autodialed calls to                    or via the company’s Web site, http://
                                              the Commission’s rules prohibit the                     wireless numbers, ACA maintains the           This document is
                                              initiation of ‘‘any telephone call (other               credit and collections industry will                   not subject to the Congressional Review
                                              than a call made for emergency                          suffer severe economic harm based on                   Act. (The Commission, is, therefore, not
                                              purposes or made with the prior express                 the inability to use autodialers to make               required to submit a copy of this Report
                                              consent of the called party) using an                   such calls. Accordingly, the                           and Order to GAO, pursuant to the
                                              automatic telephone dialing system or                   Commission seeks comment on ACA’s                      Congressional Review Act, see 5 U.S.C.
                                              an artificial or prerecorded voice, to any              petition.                                              801(a)(1)(A) because the proposed rule
                                              telephone number assigned to * * *                      Federal Communications Commission.                     was dismissed.)
                                              cellular telephone service * * *.’’ See                 Jay Keithley,                                          List of Subjects in 47 CFR part 73
                                              47 CFR 64.1200(a)(1)(iii) of the
                                                                                                      Deputy Bureau Chief, Consumer &                          Radio, Radio broadcasting.
                                              Commission’s rules. The Commission’s                    Governmental Affairs Bureau.
                                              rules on autodialed and prerecorded                                                                            Federal Communications Commission.
                                                                                                      [FR Doc. E6–6022 Filed 4–25–06; 8:45 am]
                                              message calls to cell phone numbers                                                                            John A. Karousos,
                                                                                                      BILLING CODE 6712–01–P
                                              incorporated the language of the TCPA                                                                          Assistant Chief, Audio Division, Media
                                              virtually verbatim. See also 47 U.S.C.                                                                         Bureau.
                                              227(b)(1)(iii) of the Communications                    FEDERAL COMMUNICATIONS                                 [FR Doc. E6–6296 Filed 4–25–06; 8:45 am]
                                              Act. (‘‘It shall be unlawful for any                    COMMISSION                                             BILLING CODE 6712–01–P
                                              person within the United States or any
                                              person outside the United States if the                 47 CFR Part 73
                                              recipient is within the United States—
                                                                                                      [DA 06–796; MB Docket No. 02–167, RM–                  DEPARTMENT OF COMMERCE
                                              to make any call (other than a call made
                                                                                                      10479, RM–10770]
                                              for emergency purposes or made with                                                                            National Oceanic and Atmospheric
                                              the prior express consent of the called                 Radio Broadcasting Services;                           Administration
                                              party) using any automatic telephone                    Eldorado, Fort Stockton, Mason and
                                              dialing system or an artificial or                      Mertzon, TX                                            50 CFR Part 622
                                              prerecorded voice—to any telephone
                                              number assigned to a paging service,                    AGENCY:  Federal Communications                        [I.D. 041906B]
                                              cellular telephone service, specialized                 Commission.                                            RIN 0648–AN09
                                              mobile radio service, or other radio                    ACTION: Proposed rule; dismissal.
                                              common carrier service, or any service                                                                         Fisheries of the Caribbean, Gulf of
                                              for which the called party is charged for               SUMMARY:   Audio Division, at the request              Mexico, and South Atlantic; Reef Fish
                                              the call[]’’.)                                          of Katherine Pyeatt, dismisses the                     Resources of the Gulf of Mexico;
                                                 ACA maintains that autodialed                        petition for rule making proposing the                 Amendment 18A
                                              telephone calls are the most efficient                  allotment of Channel 241A at Eldorado,
                                                                                                      Texas (RM–10479). We also deny the                     AGENCY:   National Marine Fisheries
                                              way to contact customers. ACA                                                                                  Service (NMFS), National Oceanic and
                                              indicates that creditors use autodialers                counterproposal filed by BK Radio
                                                                                                      proposing the substitution of Channel                  Atmospheric Administration (NOAA),
                                              not for telemarketing purposes, but to                                                                         Commerce.
                                              recover payments for obligations owed                   239C2 for Channel 240C2 at Mason, the
                                                                                                      reallotment of Channel 240C2 from                      ACTION: Availability of Amendment 18A
                                              to creditors. According to ACA, the calls                                                                      to the reef fish resources of the Gulf of
                                              do not involve advertising or soliciting                Mason to Mertzon, and the modification
                                                                                                      of Station KOTY(FM)’s license                          Mexico; request for comments.
                                              the sale of products or services; instead,
                                              they are placed to ‘‘complete a                         accordingly (RM–10770). We find that                   SUMMARY: NMFS announces the
                                              transaction’’ in which the customer has                 the counterproposal does not constitute                availability of Amendment 18A to the
                                              received a product or service. ACA also                 a preferential arrangement of allotments               Fishery Management Plan (FMP) for the
                                              suggests that many customers today use                  because the reallotment of Channel                     Reef Fish Resources of the Gulf of
                                              wireless phones as their primary or                     240C2 to Mertzon as a third local FM                   Mexico (Amendment 18A) prepared by
                                              preferred method of contact, and that                   transmission service would create a gray               the Gulf of Mexico Fishery Management
                                              wireless telephone numbers are                          area.                                                  Council (Council). Amendment 18A
                                              typically provided by the customers—as                  FOR FURTHER INFORMATION CONTACT:                       would resolve several issues related to
                                              part of a credit application, for                       Sharon P. McDonald, Media Bureau,                      monitoring and enforcement of existing
                                              example—for purposes of receiving                       (202) 418–2180.                                        regulations, update the framework
                                              calls. In addition, ACA argues that                     SUPPLEMENTARY INFORMATION: This is a                   procedure for setting total allowable
                                              Congress did not intend the TCPA’s                      synopsis of the Commission’s Report                    catch (TAC), and reduce bycatch
                                              autodialer restriction to cover calls by or             and Order, MB Docket No. 02–167,                       mortality of incidentally caught
hsrobinson on PROD1PC68 with PROPOSALS

                                              on behalf of creditors when attempting                  adopted April 5, 2006, and released                    endangered sea turtles and smalltooth
                                              to recover payments. According to ACA,                  April 7, 2006. The full text of this                   sawfish. The intended effect of
                                              in a 2003 Report and Order revising the                 Commission decision is available for                   Amendment 18A is to support the
                                              TCPA rules, the Commission concluded                    inspection and copying during normal                   Council’s efforts to achieve optimum
                                              that a predictive dialer is within the                  business hours in the FCC Information                  yield in the fishery, and provide social
                                              meaning and statutory definition of                     Center, Portals II, 445 12th Street, SW.,              and economic benefits associated with
                                              automatic telephone dialing equipment.                  Room CY–A257, Washington, DC 20554.                    maintaining stability in the fishery.

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  of the following subjects: (1) The               Administration, HHS.
Ms. Vardi fabricated subject responses           necessity and utility of the proposed              In compliance with the requirement
regarding recall and recognition of              information collection for the proper            of section 3506(c)(2)(A) of the
words having an emotional valence in             performance of the agency’s functions;           Paperwork Reduction Act of 1995, the
research supported by a Public Health            (2) the accuracy of the estimated                Health Care Financing Administration
Service (PHS) grant entitled                     burden; (3) ways to enhance the quality,         (HCFA), Department of Health and
‘‘Psychophysiologic study of child               utility, and clarity of the information to       Human Services, is publishing the
abuse imagery in adults’’ at the                 be collected; and (4) the use of                 following summary of proposed
Manchester, New Hampshire VA                     automated collection techniques or               collection for public comment.
Research Center.                                 other forms of information technology to         Interested persons are invited to send
   Ms. Vardi has entered into a                  minimize the information collection              comments regarding the burden
Voluntary Exclusion Agreement with               burden.                                          estimate or any other aspect of this
ORI in which she has agreed to exclude             1. Type of Information Collection              collection of information, including any
herself voluntarily, for the three (3) year      Request: Revision of a currently                 of the following subjects: (1) The
period beginning March 28, 1996, from:           approved collection; Title of                    necessity and utility of the proposed
   (1) contracting or subcontracting with        Information Collection: Medicare                 information collection for the proper
any agency of the United States                  Current Beneficiary Survey: Round–16;            performance of the agency’s functions;
Government and from eligibility for, or          Form No.: HCFA–P–15A; Use: The                   (2) the accuracy of the estimated
involvement in, nonprocurement                   Office of the Actuary, HCFA, proposes            burden; (3) ways to enhance the quality,
transactions (e.g., grants and cooperative       to supplement the questionnaire and              utility, and clarity of the information to
agreements) of the United States                 sample for the September, 1996 Round–            be collected; and (4) the use of
Government, as defined in 45 CFR Part            16 of the Medicare Current Beneficiary           automated collection techniques or
76 (Debarment Regulations); and                  Survey (MCBS) to facilitate comparisons          other forms of information technology to
   (2) serving in any advisory capacity to       of the experiences of beneficiaries using        minimize the information collection
PHS, including but not limited to                managed care and those in the fee-for-           burden.
service on any PHS advisory committee,           service medical care delivery system.              Type of Information Collection
board, and/or peer review committee, or          The MCBS, is a national survey of                Request: Reinstatement, with change, of
as a consultant.                                 persons served by Medicare, used to              a previously approved collection for
   The above voluntary exclusion,                support policy and research by                   which approval has expired; Title of
however, shall not apply to Ms. Vardi’s          measuring use and cost of services,              Information Collection: Medicare
future clinical training or practice             sources of payment, insurance coverage,          Geographical Classification Review
whether as a student, resident, fellow,          health status, access, satisfaction and          Board (MGCRB) Procedures and
or licensed practitioner, as the case may        other information; Frequency: Annually;          Criteria; Form No.: HCFA–R–138; Use:
be, unless that practice involves                Affected Public: Individuals and                 This regulation sets up an application
research or research training.                   households; Number of Respondents:               process for prospective payment system
   No scientific publications were               1,900; Total Annual Hours: 1,900.                hospitals who choose to appeal their
required to be corrected as part of this           To obtain copies of the supporting             geographic status to the Medicare
Agreement.                                       statement and any related forms, E-mail          Geographic Classification Review Board
FOR FURTHER INFORMATION CONTACT:                 your request, including your address             (MGCRB). This regulation also
Director, Division of Research                   and phone number, to                             establishes procedural guidelines for the
Investigations, Office of Research     , or call the Reports          MGCRB. Frequency: Annually; Affected

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