Radio Broadcasting Services; Oolitic, IN, 57280-57281 [E8-23158]

Download as PDF 57280 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules enforceable duties on communities of Indian tribal governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. This proposed action is not subject to Executive Order 13045 because it would not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This proposal is not subject to Executive Order 13211 (66 FR 18355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. Dated: September 25, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8–23130 Filed 10–1–08; 8:45 am] mstockstill on PROD1PC66 with PROPOSALS J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, 16:20 Oct 01, 2008 Jkt 217001 List of Subjects in 40 CFR Part 80 Environmental protection, Fuel additives, Gasoline, Imports, Motor vehicle pollution, Reporting and recordkeeping requirements. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. VerDate Aug<31>2005 as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this proposal will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. These technical amendments do not relax the control measures on sources regulated by the RFS regulations and therefore will not cause emissions increases from these sources. BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 07–2854; MB Docket No. 07–125; RM– 11375] Radio Broadcasting Services; Oolitic, IN Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: This document requests comments on a petition for rulemaking filed by Bruce Quinn, requesting the allotment of Channel 231A at Oolitic, Indiana. The coordinates for Channel 231A at Oolitic, Indiana, are 38–59–16 NL and 86–37–47 WL. There is a site restriction of 13.2 kilometers (8.2 miles) northwest of the community. Proposed Channel 231A is short-spaced to the licensed site of Station WQKC–FM, Channel 229B, Seymour, Indiana. However, Station WQKC–FM’s license was modified to specify operation on Channel 230A at Sellersburg, Indiana in MB Docket No. 03–98 and the FM Table of Allotments was amended to reflect this change. Therefore, no protection is afforded to this license site. A Petition for Reconsideration of the letter dismissal of this Petition is dismissed as moot. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Comments must be filed on or before November 3, 2008, and reply comments on or before November 17, 2008. DATES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner as follows: Bruce Quinn, 1217 Lafayette Avenue, Columbus, Indiana 47201. FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rulemaking, MB Docket No. 07–125, adopted June 27, 2007, and released June 29, 2007. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 Twelfth Street, SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20054, telephone 800– 378–3160 or https://www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rulemaking is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. ADDRESSES: List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows: E:\FR\FM\02OCP1.SGM 02OCP1 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules PART 73—RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334 and 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Indiana, is amended by adding Oolitic, Channel 231A. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8–23158 Filed 10–1–08; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 109 [Docket No. PHMSA–2005–22356] RIN 2137–AE13 Hazardous Materials: Enhanced Enforcement Authority Procedures Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PHMSA is proposing to issue rules implementing certain inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. The proposed rules would establish procedures for: (1) The inspection and opening of packages to identify undeclared or non-compliant shipments; (2) the temporary detention and inspection of suspicious packages; and (3) the issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard. These new inspection and enforcement procedures will enhance DOT’s ability to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. DATES: Comments must be received by December 1, 2008. ADDRESSES: You may submit comments by any of the following methods: • U.S. Government Regulations.gov Web site: https://www.regulations.gov. mstockstill on PROD1PC66 with PROPOSALS SUMMARY: VerDate Aug<31>2005 16:20 Oct 01, 2008 Jkt 217001 Use the search tools to find this rulemaking and follow the instructions for submitting comments. • U.S. Mail or private delivery service: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590–0001. • Fax: 1–202–493–2251. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays: Instructions: You must include the agency name and docket number, PHMSA–05–22356 or the Regulatory Identification Number (RIN) for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to the U.S. Government Regulations.gov Web site: https://www.regulations.gov., including any personal information provided. Please see the Privacy Act section of this document. FOR FURTHER INFORMATION CONTACT: Jackie K. Cho or Vincent M. Lopez, Office of Chief Counsel, (202) 366–4400, Pipeline and Hazardous Materials Safety Administration. SUPPLEMENTARY INFORMATION: I. Background Under authority delegated by the Secretary of Transportation (Secretary), four agencies within DOT enforce the Hazardous Materials Regulations (HMR), 49 CFR parts 171–180 and other regulations, approvals, special permits, and orders issued under Federal Hazardous Material Transportation Law (Hazmat Law), 49 U.S.C. 5101 et seq.; the Federal Aviation Administration (FAA), 49 CFR 1.47(j)(1); Federal Railroad Administration (FRA), 49 CFR 1.49(s)(1); Federal Motor Carrier Safety Administration (FMCSA), 49 CFR 1.73(d)(1); and Pipeline and Hazardous Materials Safety Administration (PHMSA), 49 CFR 1.53(b)(1). The Secretary has delegated authority to each respective operating administration to exercise the enhanced inspection and enforcement authority conferred by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005 (HMTSSRA). 71 FR 52751, 52753 (Sept. 7, 2006). The United States Coast Guard (USCG) is authorized to enforce the HMR in connection with certain transportation or shipment of hazardous materials by water. This authority originated with the Secretary and was PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 57281 first delegated to USCG prior to 2003, when USCG was made part of the Department of Homeland Security. Enforcement authority over ‘‘bulk transportation of hazardous materials that are loaded or carried on board a vessel without benefit of containers or labels, and received and handled by the vessel without mark or count, and regulations and exemptions governing ship’s stores and supplies’’ was also transferred in 2003. DHS Delegation No. 0170.1(2)(103) & 2(104); see also 6 U.S.C. 458(b), 551(d)(2). The USCG inspects portable tanks and freight containers primarily under two laws: the Safe Container Act 46 U.S.C. 80501 et seq. with its implementing regulations found in 46 CFR 450–453, and 49 U.S.C Chapter 51 Transportation of Hazardous Material as it relates to waterborne transportation. DOT will coordinate its inspections, investigations, and enforcements aboard vessels and waterfront facilities, as defined in 33 CFR 126.3, with the USCG to avoid duplicative or conflicting efforts. Moreover, nothing proposed herein would affect USCG’s enforcement authority with respect to transportation of hazardous materials. A. Need for Enhanced Enforcement Authority Each year, about three billion tons of hazardous materials are transported in the United States. United States Government Accountability Office, Undeclared Hazardous Materials: New DOT Efforts May Provide Additional Information on Undeclared Shipments, GAO–06–471, at 9 (March 2006) (GAO Report). Under DOT-mandated safety standards, including suitable packaging and handling, nearly all of these shipments move through the system safely and without incident. When incidents do occur, DOT-mandated labels and other forms of hazard communication provide transportation employees and emergency responders the information necessary to mitigate the consequences. Together, these risk controls provide a high degree of protection. Yet their effectiveness depends largely on compliance by hazmat offerors, beginning with proper classification and packaging of hazardous materials. When a package containing hazardous materials is placed in transportation without regard to HMR requirements, the effectiveness of all other risk controls is compromised, increasing both the likelihood of an incident and the severity of consequences. Accordingly, we have long considered undeclared shipments of hazardous materials to be a serious safety issue. The HMR define E:\FR\FM\02OCP1.SGM 02OCP1

Agencies

[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Proposed Rules]
[Pages 57280-57281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23158]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 07-2854; MB Docket No. 07-125; RM-11375]


Radio Broadcasting Services; Oolitic, IN

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comments on a petition for rulemaking 
filed by Bruce Quinn, requesting the allotment of Channel 231A at 
Oolitic, Indiana. The coordinates for Channel 231A at Oolitic, Indiana, 
are 38-59-16 NL and 86-37-47 WL. There is a site restriction of 13.2 
kilometers (8.2 miles) northwest of the community. Proposed Channel 
231A is short-spaced to the licensed site of Station WQKC-FM, Channel 
229B, Seymour, Indiana. However, Station WQKC-FM's license was modified 
to specify operation on Channel 230A at Sellersburg, Indiana in MB 
Docket No. 03-98 and the FM Table of Allotments was amended to reflect 
this change. Therefore, no protection is afforded to this license site. 
A Petition for Reconsideration of the letter dismissal of this Petition 
is dismissed as moot.

DATES: Comments must be filed on or before November 3, 2008, and reply 
comments on or before November 17, 2008.

ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth 
Street, SW., Washington, DC 20554. In addition to filing comments with 
the FCC, interested parties should serve the petitioner as follows: 
Bruce Quinn, 1217 Lafayette Avenue, Columbus, Indiana 47201.

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, MB Docket No. 07-125, adopted June 27, 
2007, and released June 29, 2007. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center at Portals II, CY-A257, 
445 Twelfth Street, SW., Washington, DC 20554. This document may also 
be purchased from the Commission's duplicating contractors, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20054, telephone 800-378-3160 or https://www.BCPIWEB.com. This document 
does not contain proposed information collection requirements subject 
to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
therefore, it does not contain any proposed information collection 
burden ``for small business concerns with fewer than 25 employees,'' 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4).
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rulemaking is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR Part 73 as follows:

[[Page 57281]]

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for Part 73 continues to read as follows:

     Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Indiana, is 
amended by adding Oolitic, Channel 231A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
 [FR Doc. E8-23158 Filed 10-1-08; 8:45 am]
BILLING CODE 6712-01-P
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