Radio Broadcasting Services; Kihei, Hawaii., 20601-20602 [E9-10322]
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Kentucky;
Section 110(a)(1) Maintenance Plans
for the 1997 8-Hour Ozone Standard for
the Huntington-Ashland Area,
Lexington Area and Edmonson
County; Withdrawal of Direct Final
Rule
Dated: April 20, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
Environmental Protection
Agency (EPA).
AGENCY:
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.770 is amended by
adding and reserving paragraph (c)(189)
and adding paragraph (c)(190) to read as
follows:
■
Identification of plan.
*
*
*
*
*
(c) * * *
(189) [Reserved]
(190) On December 19, 2007, Indiana
submitted modifications to its Federally
Enforceable State Operating Permits
rules as a revision to the state
implementation plan. The revision
extends the maximum permit term for
renewals of Federally Enforceable State
Operating Permits from five years to ten
years. EPA has determined that this
revision is approvable under the Clean
Air Act.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title
326, Article 2: Permit Review Rules,
sections 2–1.1–9.5, ‘‘General provisions;
term of permit’’, and 2–8–4, ‘‘Permit
content’’, are incorporated by reference.
Filed with the Publisher of the Indiana
Register on November 16, 2007, and
became effective on December 16, 2007.
Published in the Indiana Register on
December 13, 2007 (20071212–IR–
326060487FRA).
[FR Doc. E9–10335 Filed 5–4–09; 8:45 am]
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22:59 May 04, 2009
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40 CFR Part 52
[EPA–R04–OAR–2007–1186–200821(w);
FRL–8900–4]
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
§ 52.770
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
Withdrawal of direct final rule.
Due to an adverse comment,
EPA is withdrawing the direct final rule,
published March 25, 2009, approving a
revision to the State Implementation
Plan (SIP) of the Commonwealth of
Kentucky. This revision was provided
in accordance with Kentucky’s
obligations to meet the statutory and
regulatory requirements related to the
1997 8-hour ozone standard and section
110(a)(1) of the Clean Air Act for the
Huntington-Ashland Area, Lexington
Area and Edmonson County. As stated
in the direct final rule, if EPA received
an adverse comment by April 24, 2009,
the rule would be withdrawn and not
take effect. EPA subsequently received
an adverse comment on April 17, 2009.
EPA will address the comment in a
subsequent final action based upon the
proposed action also published on
March 25, 2009. EPA will not institute
a second comment period on this action.
SUMMARY:
DATES: The direct final rule published
March 25, 2009, at 74 FR 12567, is
withdrawn effective May 5, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9040.
Ms. Benjamin can also be reached via
electronic mail at
benjamin.lynorae@epa.gov.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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20601
Dated: April 24, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
Accordingly, the amendments to 40
CFR 52.920 (which were published in
the Federal Register on March 25, 2009,
at 74 FR 12567) are withdrawn effective
May 5, 2009.
[FR Doc. E9–10333 Filed 5–4–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–834; MB Docket No. 08–217; RM–
11434]
Radio Broadcasting Services; Kihei,
Hawaii.
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The staff grants a rulemaking
petition filed by Shirk-Mays, LLC to
allot Channel 264C2 to Kihei, Hawaii, as
a third local aural service. The reference
coordinates for Channel 264C2 at Kihei,
Hawaii, are 20–39–36 NL and 156–21–
50 WL.
DATES: Effective June 1, 2009.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 08–217,
adopted April 15, 2009, and released
April 17, 2009. The full text of this
Report and Order is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street, SW., Washington, DC
20554. The complete text of this
decision may also be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone
1–800–378–3160 or https://
www.BCPIWEB.com.
The Notice of Proposed Rule Making
in this proceeding proposed the
allotment of Channel 264C2 at Kihei,
Hawaii. See 73 FR 67828 (November 17,
2008). The Report and Order 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
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05MYR1
20602
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
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). The Commission will send a
copy of the Report and Order in this
proceeding in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
■ As stated in the preamble, the Federal
Communications Commission amends
47 CFR Part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority for Part 73 continues
to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
§73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Hawaii, is amended
by adding Channel 264C2 at Kihei.
■
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E9–10322 Filed 5–4–09; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; DA 09–442]
Public Safety and Homeland Security
Bureau Establishes PostReconfiguration 800 MHz Band Plan
for the U.S.-Canada Border Regions
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document the Federal
Communications Commission’s Public
Safety and Homeland Security Bureau
(PSHSB or Bureau), on delegated
authority, addresses a petition for
reconsideration of the reconfigured 800
MHz band plan established for the U.S.Canada border in the Second Report and
Order and, on its own motion, clarifies
and corrects certain rules established in
the Second Report and Order.
DATES: Effective July 6, 2009.
ADDRESSES: Federal Communications
Commission, 445–12th Street, SW.,
Washington, DC 20554.
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FOR FURTHER INFORMATION CONTACT:
Brian Marenco, Policy Division, Public
Safety and Homeland Security Bureau,
(202) 418–0838.
SUPPLEMENTARY INFORMATION: This is a
summary of the Fourth Memorandum
Opinion and Order, DA 09–442,
released on February 25, 2009. The
complete text of this document 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. This
document may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863–2893, facsimile
(202) 863–2898, or via e-mail at https://
www.bcpiweb.com. It is also available
on the Commission’s Web site at
https://www.fcc.gov.
1. In a July 2004 Report and Order,
the Commission reconfigured the 800
MHz band to eliminate interference to
public safety and other land mobile
communication systems operating in the
band, 69 FR 67823, November 22, 2004.
However, the Commission deferred
consideration of band reconfiguration
plans for the border areas, noting that
‘‘implementing the band plan in areas of
the United States bordering Mexico and
Canada will require modifications to
international agreements for use of the
800 MHz band in the border areas.’’ The
Commission stated that ‘‘the details of
the border plans will be determined in
our ongoing discussions with the
Mexican and Canadian governments.’’
2. In a Second Memorandum Opinion
and Order, adopted in May 2007, the
Commission delegated authority to
PSHSB to propose and adopt border
area band plans once agreements are
reached with Canada and Mexico, 72 FR
39756, July 20, 2007.
3. In July 2007, the U.S. and Canada
reached an agreement on a process that
will enable the U.S. to proceed with
band reconfiguration in the border
region. Consequently, on November 1,
2007, PSHSB issued a Further Notice of
Proposed Rulemaking (FNPRM) seeking
comment on specific proposals for
reconfiguring the eight U.S.-Canada
border regions, 72 FR 63869, November
13, 2007. The Commission received ten
comments and eight reply comments in
response to the FNPRM.
4. On May 9, 2008, PSHSB issued a
Second Report and Order (Second R&O)
establishing reconfigured band plans in
the U.S.-Canada border regions, 73 FR
33728, June 13, 2008. The band plans
adopted in the Second R&O are
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designed to separate—to the greatest
extent possible—public safety and other
non-cellular licensees from licensees
that employ cellular technology in the
band.
5. On July 14, 2008, Sprint filed a
Petition for Clarification seeking
reconsideration of certain portions of
the 800 MHz Second R&O.
6. Consequently, on February 25,
2009, PSHSB issued a Fourth
Memorandum Opinion and Order
(Fourth MO&O) addressing Sprint’s
petition. In this Fourth MO&O, PSHSB
also clarifies and corrects certain rules
established in the 800 MHz Second
R&O.
Procedural Matters
A. Final Regulatory Flexibility
Certification
7. A Final Regulatory Flexibility
Certification required by section 604 of
the Regulatory Flexibility Act, 5 U.S.C.
604, is included in Appendix A of the
Fourth MO&O.
B. Final Paperwork Reduction Act of
1995 Analysis
8. The Fourth MO&O does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. Therefore it does not
contain any new or modified
‘‘information burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198.
Final Regulatory Flexibility
Certification
9. The Regulatory Flexibility Act of
1980, as amended (RFA) requires that a
regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ The RFA generally defines
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A small business concern is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
In sum, we certify that the rule changes
and actions in the Fourth MO&O will
have no significant economic impact on
a substantial number of small entities.
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05MYR1
Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20601-20602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10322]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[DA 09-834; MB Docket No. 08-217; RM-11434]
Radio Broadcasting Services; Kihei, Hawaii.
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The staff grants a rulemaking petition filed by Shirk-Mays,
LLC to allot Channel 264C2 to Kihei, Hawaii, as a third local aural
service. The reference coordinates for Channel 264C2 at Kihei, Hawaii,
are 20-39-36 NL and 156-21-50 WL.
DATES: Effective June 1, 2009.
ADDRESSES: Secretary, Federal Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202)
418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MB Docket No. 08-217, adopted April 15, 2009, and
released April 17, 2009. The full text of this Report and Order is
available for inspection and copying during normal business hours in
the FCC Reference Information Center (Room CY-A257), 445 12th Street,
SW., Washington, DC 20554. The complete text of this decision may also
be purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone 1-800-378-3160 or https://www.BCPIWEB.com.
The Notice of Proposed Rule Making in this proceeding proposed the
allotment of Channel 264C2 at Kihei, Hawaii. See 73 FR 67828 (November
17, 2008). The Report and Order 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
[[Page 20602]]
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). The Commission will send a copy of the Report and Order in
this proceeding in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
0
As stated in the preamble, the Federal Communications Commission amends
47 CFR Part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
Sec. 73.202 [Amended]
0
2. Section 73.202(b), the Table of FM Allotments under Hawaii, is
amended by adding Channel 264C2 at Kihei.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E9-10322 Filed 5-4-09; 8:45 am]
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