Radio Broadcasting Services; Chillicothe, Dublin, Hillsboro, and Marion, Ohio, 53054-53055 [2013-21031]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with RULES 53054 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the exemption in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272 note). X. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: August 22, 2013. Steven Bradbury, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Add § 180.1323 to subpart D to read as follows: ■ § 180.1323 Ethyl-2E,4Z-decadienoate (Pear Ester); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide, ethyl2E,4Z-decadienoate (pear ester), in or on all food commodities, when used in accordance with label directions and good agricultural practices. [FR Doc. 2013–21019 Filed 8–27–13; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [FCC 13–105; MB Docket No. 02–266; RM– 10557] Radio Broadcasting Services; Chillicothe, Dublin, Hillsboro, and Marion, Ohio Federal Communications Commission. ACTION: Final rule; application for review. AGENCY: This document denies an Application for Review filed by the Committee for Competitive Columbus Radio (‘‘Committee’’) of a Memorandum Opinion and Order in this proceeding, which denied the Committee’s Petition for Reconsideration of an earlier Bureau action, granting the reallotment, class downgrade, and change of community of license of an Ohio FM station. The document finds that the Bureau SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 properly applied the Commission’s then-existing policy of not considering compliance with the multiple ownership rule at the allotment stage. DATES: August 28, 2013. FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Memorandum Opinion and Order, MM Docket No. 02–266, adopted July 31, 2013, and released August 1, 2013. The full text of this Commission decision 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 www.BCPIWEB.com. In the Report and Order in this proceeding, the Bureau granted a Petition for Rulemaking filed by Clear Channel Communications for the reallotment, downgrade in class of channel, and change of community of license for its Station WCGX(FM) (formerly WMRN–FM) from Channel 295B at Marion, Ohio to Channel 294B1 at Dublin, Ohio, over the objection of the Committee. See 70 FR 19337 (April 13, 2005). The Committee had argued that the reallotment to Dublin could not be implemented because it would violate the local radio ownership rule. However, the Report and Order rejected this argument, explaining that multiple ownership issues are not considered in FM allotment proceedings. The Committee sought reconsideration on the same ground, and the Bureau denied the petition in the Memorandum Opinion and Order. See 71 FR 40927 (July 19, 2006). On review, the Commission finds that, contrary to the Committee’s contention, the Bureau did not err in deferring the issue of compliance with the multiple ownership rule until an implementing application was filed because such an approach is consistent with then-existing policy. Additionally, the Commission concludes that the Bureau did not err in referring to Station WCGX(FM) as formerly licensed to Marion because the Report and Order did modify the Station WCGX(FM) license to specify Dublin. However, that modification had no immediate impact on competition in the Columbus radio market as Clear Channel was required to file an implementing application and E:\FR\FM\28AUR1.SGM 28AUR1 53055 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations demonstrate compliance with the multiple ownership rule, which Clear Channel did. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Memorandum Opinion and Order to GAO, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for Review was denied.) Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2013–21031 Filed 8–27–13; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 49 CFR Part 1002 [Docket No. EP 542 (Sub-No. 21)] Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services— 2013 Update AGENCY: Surface Transportation Board, DOT. ACTION: Final rule. The Board updates for 2013 the fees that the public must pay to file certain cases and pleadings with the Board. The update will increase 28 fees by $100 or less, increase 47 fees by more than $100, and keep the remaining 50 fees at their existing level. DATES: These rules are effective September 27, 2013. FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245–0327, or Barbara Saddler (202) 245–0362. [TDD for the hearing impaired: 1–800–877– 8339.] SUMMARY: The Board’s regulations at 49 CFR 1002.3 provide for an annual update of the Board’s entire user-fee schedule. Fees are generally revised based on the cost study formula set forth at 49 CFR 1002.3(d). The fee changes adopted here reflect a combination of the unchanged salary costs from the 2012 User Fee Update decision; no change in the publication cost levels of that decision; plus increase changes to two of the three Board overhead cost factors (the other overhead factor remains unchanged from its 2012 level), resulting from the mechanical application of the update formula in 49 CFR 1002.3(d). Results from the formula application indicate that justified fee amounts in this 2013 update decision either remain unchanged (50 fees) or increase (75 fees) from their respective 2012 update levels. No new fee items are proposed in this proceeding. Therefore, the Board finds that notice and comment are unnecessary for this proceeding. See Regulations Governing Fees For Services—1990 Update, 7 I.C.C.2d 3 (1990); Regulations Governing Fees For Services—1991 Update, 8 I.C.C.2d 13 (1991); and Regulations Governing Fees For Services—1993 Update, 9 I.C.C.2d 855 (1993). Additional information is contained in the Board’s decision. To obtain a free copy of the full decision, visit the Board’s Web site at https:// www.stb.dot.gov or call the Board’s Information Officer at (202) 245–0245. [Assistance for the hearing impaired is available through Federal Information Relay Services (FIRS): (800) 877–8339.] By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Derrick A. Gardner, Clearance Clerk. List of Subjects in 49 CFR Part 1002 Administrative practice and procedure, Common carriers, and Freedom of information. § 1002.2 SUPPLEMENTARY INFORMATION: For the reasons set forth in the preamble, title 49, chapter X, part 1002, of the Code of Federal Regulations is amended as follows: PART 1002—FEES 1. The authority citation for part 1002 continues to read as follows: ■ Authority: 5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701 and 49 U.S.C. 721(a). 2. Amend § 1002.1 by revising paragraphs (a) and (e) to read as follows: ■ § 1002.1 Fees for record search, review, copying, certification, and related service. * * * * * (a) Certificate of the Records Officer, $18.00. * * * * * (e) Fees for courier services to transport agency records to provide onsite access to agency records stored offsite will be set at the rates set forth in the Board’s agreement with its courier service provider. Rate information can be obtained from the Board’s Records Officer, Room 1200, Surface Transportation Board, Washington, DC 20423–0001. * * * * * 3. In § 1002.2, paragraph (f) is revised to read as follows: ■ * Filing fees. * * * * (f) Schedule of filing fees. Decided: August 22, 2013. wreier-aviles on DSK5TPTVN1PROD with RULES Type of proceeding Fee PART I: Non-Rail Applications or Proceedings to Enter Upon a Particular Financial Transaction or Joint Arrangement: (1) An application for the pooling or division of traffic ..................................................................................................... (2)(i) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of passengers under 49 U.S.C. 14303. (ii) A petition for exemption under 49 U.S.C. 13541 (other than a rulemaking) filed by a non-rail carrier not otherwise covered. (iii) A petition to revoke an exemption filed under 49 U.S.C. 13541(d) ................................................................... (3) An application for approval of a non-rail rate association agreement. 49 U.S.C. 13703 .......................................... (4) An application for approval of an amendment to a non-rail rate association agreement: (i) Significant amendment ......................................................................................................................................... (ii) Minor amendment ................................................................................................................................................ (5) An application for temporary authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i) ..................... (6) A notice of exemption for transaction within a motor passenger corporate family that does not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with motor passenger carriers outside the corporate family. (7)–(10) [Reserved] PART II: Rail Licensing Proceedings other than Abandonment or Discontinuance Proceedings: (11)(i) An application for a certificate authorizing the extension, acquisition, or operation of lines of railroad. 49 U.S.C. 10901. VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1 $4,700. $2,100. $3,400. $2,800. $29,600. $4,900. $100. $500. $1,800. $7,800.

Agencies

[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53054-53055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21031]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[FCC 13-105; MB Docket No. 02-266; RM-10557]


Radio Broadcasting Services; Chillicothe, Dublin, Hillsboro, and 
Marion, Ohio

AGENCY: Federal Communications Commission.

ACTION: Final rule; application for review.

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SUMMARY: This document denies an Application for Review filed by the 
Committee for Competitive Columbus Radio (``Committee'') of a 
Memorandum Opinion and Order in this proceeding, which denied the 
Committee's Petition for Reconsideration of an earlier Bureau action, 
granting the reallotment, class downgrade, and change of community of 
license of an Ohio FM station. The document finds that the Bureau 
properly applied the Commission's then-existing policy of not 
considering compliance with the multiple ownership rule at the 
allotment stage.

DATES: August 28, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MM Docket No. 02-266, adopted July 31, 
2013, and released August 1, 2013. The full text of this Commission 
decision 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 www.BCPIWEB.com.
    In the Report and Order in this proceeding, the Bureau granted a 
Petition for Rulemaking filed by Clear Channel Communications for the 
reallotment, downgrade in class of channel, and change of community of 
license for its Station WCGX(FM) (formerly WMRN-FM) from Channel 295B 
at Marion, Ohio to Channel 294B1 at Dublin, Ohio, over the objection of 
the Committee. See 70 FR 19337 (April 13, 2005). The Committee had 
argued that the reallotment to Dublin could not be implemented because 
it would violate the local radio ownership rule. However, the Report 
and Order rejected this argument, explaining that multiple ownership 
issues are not considered in FM allotment proceedings. The Committee 
sought reconsideration on the same ground, and the Bureau denied the 
petition in the Memorandum Opinion and Order. See 71 FR 40927 (July 19, 
2006).
    On review, the Commission finds that, contrary to the Committee's 
contention, the Bureau did not err in deferring the issue of compliance 
with the multiple ownership rule until an implementing application was 
filed because such an approach is consistent with then-existing policy. 
Additionally, the Commission concludes that the Bureau did not err in 
referring to Station WCGX(FM) as formerly licensed to Marion because 
the Report and Order did modify the Station WCGX(FM) license to specify 
Dublin. However, that modification had no immediate impact on 
competition in the Columbus radio market as Clear Channel was required 
to file an implementing application and

[[Page 53055]]

demonstrate compliance with the multiple ownership rule, which Clear 
Channel did. This document is not subject to the Congressional Review 
Act. (The Commission, is, therefore, not required to submit a copy of 
this Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for 
Review was denied.)

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-21031 Filed 8-27-13; 8:45 am]
BILLING CODE 6712-01-P
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