Radio Broadcasting Services; Magnolia, Arkansas; and Oil City, Louisiana, 56170-56171 [2013-22211]

Download as PDF 56170 Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations West Virginia portion of the Area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 40 CFR Part 81 Air pollution control, National parks, Wilderness areas. List of Subjects Dated: August 22, 2013. W.C. Early, Acting, Regional Administrator, Region III. 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph (e) is amended by adding an entry for the 1997 Annual PM2.5 Maintenance Plan for Parkersburg-Marietta, WV-OH Area at the end of the table to read as follows: ■ 40 CFR parts 52 and 81 are amended as follows: § 52.2520 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS * Identification of plan. * * (e) * * * * * 1. The authority citation for part 52 continues to read as follows: ■ Name of non-regulatory SIP revision Applicable geographic area * * 1997 Annual PM2.5 Maintenance Plan for Parkersburg-Marietta WV-OH Area. * Wood County and a portion of Pleasants County. 3. Section 52.2526 is amended by adding paragraph (h) to read as follows: ■ § 52.2526 matter. Control strategy: Particular * * * * * (h) EPA approves the maintenance plan for the West Virginia portion of the Parkersburg-Marietta, WV-OH 1997 PM2.5 Nonattainment Area (Wood County and a portion of Pleasants State submittal date Additional explanation EPA approval date * * * 9/12/13 [Insert page number where the document begins]. 3/5/12 County). The maintenance plan establishes a determination of insignificance for PM2.5, NOX and SO2 for transportation conformity purposes. PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES Authority: 42 U.S.C. 7401 et seq. 5. In § 81.349 the table for West Virginia—PM2.5 (Annual NAAQS) is amended by revising the entry for the Parkersburg-Marietta, WV-OH Area to read as follows: ■ § 81.349 4. The authority citation for Part 81 continues to read as follows: ■ * See § 52.2526(h). * West Virginia. * * * * WEST VIRGINIA—PM2.5 [Annual NAAQS] Designation a Designated area Date 1 * * * Parkersburg-Marietta, WV-OH: Pleasants County (part)Tax District of Grant ............................... Wood County ................................................................................ * * * Type * * 9/12/13 9/12/13 * * * * Attainment. Attainment. * * a Includes 1 This * * Indian Country located in each county or area, except as otherwise specified. date is 90 days after January 5, 2005, unless otherwise noted. * * * Final rule; denial of application for review. FEDERAL COMMUNICATIONS COMMISSION ACTION: 47 CFR Part 73 [FR Doc. 2013–21792 Filed 9–11–13; 8:45 am] SUMMARY: tkelley on DSK3SPTVN1PROD with RULES BILLING CODE 6560–50–P [MB Docket No. 02–199; RM–10514; FCC 13–114] Radio Broadcasting Services; Magnolia, Arkansas; and Oil City, Louisiana Federal Communications Commission. AGENCY: VerDate Mar<15>2010 15:55 Sep 11, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 In this document, the Federal Communications Commission (‘‘Commission’’) denies an Application for Review filed by Access.1 Louisiana Holding Company, LLC (‘‘Access.1’’) of a Memorandum Opinion and Order of the Media Bureau (‘‘Bureau’’) in this proceeding, which denied Access.1’s Petition for Reconsideration of an earlier Bureau action, granting the reallotment, E:\FR\FM\12SER1.SGM 12SER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations class downgrade, and change of community of license of Station KQHN(FM) from Magnolia, Arkansas, to Oil City, Louisiana. The document finds that the Bureau did not err in approving the relocation of this FM station. 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, FCC 13–114, MB Docket No. 02–199, RM– 10514, adopted August 14, 2013, and released August 16, 2013. The full text of this document 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 document 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 Rule Making filed by Cumulus Licensing, LLC’s predecessor in interest (‘‘Cumulus’’) as licensee of Station KQHN(FM) for a downgrade in class of channel, and change of community of license for the station from Channel 300C1 at Magnolia, Arkansas, to Channel 300C2 at Oil City, Louisiana, See 70 FR 19337, April 13, 2005. In the Memorandum Opinion and Order, the Bureau affirmed the grant and concluded that the relocation of the station to Oil City did not constitute a ‘‘move-in’’ to the Shreveport, Louisiana, Urbanized Area because Cumulus had demonstrated that Oil City is sufficiently independent of the Shreveport Urbanized Area to warrant a first local service preference under the then-existing Tuck test. See 69 FR 8333, February 24, 2004. On review, the Commission finds that the Bureau did not err in (1) determining that Oil City was independent of Shreveport; (2) declining to adopt Acceess.1’s proposed processing policy of requiring a certification by a community of license modification proponent that it will not select a site that would provide substantial service to an urbanized area; and (3) finding that the proposed reallotment would serve the public interest. The Commission upholds those decisions for the reasons stated in the Memorandum Opinion and Order. However, the Commission states that some additional discussion is warranted regarding the remaining issues raised by VerDate Mar<15>2010 15:55 Sep 11, 2013 Jkt 229001 Access.1. Most importantly, the Commission finds that Cumulus had not engaged in misrepresentation and/or had not shown a lack of candor as to whether its proposal would be a ‘‘movein’’ to the Shreveport Urbanized Area. The Commission explains that under the then-existing procedures, Cumulus was permitted to specify at the rule making stage reference coordinates of a theoretical fully spaced site and later in the implementing application to specify a different site. Absent any extrinsic evidence to the contrary, which Access.1 did not produce, the Commission concludes that a misrepresentation or lack of candor allegation based on the specification of a different application site is speculative. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of the 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. 2013–22211 Filed 9–11–13; 8:45 am] BILLING CODE 6712–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 1037, 1039, 1042, and 1068 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 535 [EPA–HQ–OAR–2012–0102; NHTSA–2012– 0152; FRL 9900–11–OAR] RIN 2060–AR48; 2127–AL31 Heavy-Duty Engine and Vehicle and Nonroad Technical Amendments Correction In rule document 2013–19880 appearing on pages 49963 through 49967 in the issue of Friday, August 16, 2013, make the following correction. 1. On page 49965, in the second column, the equation beneath the first paragraph is corrected to read as set forth below. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 56171 § 1037.104 Exhaust emission standards for CO2, CH4, and N2O for heavy-duty vehicles at or below 14,000 pounds GVWR [Corrected] Force ¥ (mass × acceleration) = F0 + F1 · (velocity) + F2 · (velocity)2 [FR Doc. C1–2013–19880 Filed 9–11–13; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130402313–3748–02] RIN 0648–BD15 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands; Regulatory Amendment 2 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule to implement Regulatory Amendment 2 to the Fishery Management Plan (FMP) for the Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (USVI) (Regulatory Amendment 2), as prepared by the Caribbean Fishery Management Council (Council). This final rule revises the commercial trip limit for queen conch in the Caribbean exclusive economic zone (EEZ) to be compatible with the trip limit in USVI territorial waters. The purpose of this provision is to improve the compatibility of Federal and USVI territorial regulations for queen conch in order to facilitate enforcement efforts while ensuring the long-term health of the queen conch resource. This final rule also changes the regulations specifying the queen conch fishing season to correct an inadvertent change to the text that occurred in a prior rulemaking. The revision better reflects the original and current intent of the Council. DATES: This rule is effective October 15, 2013. ADDRESSES: Electronic copies of Regulatory Amendment 2, which includes an environmental assessment, a Regulatory Flexibility Act analysis, and a regulatory impact review (RIR), may be obtained from the Southeast Regional Office Web site at: https:// sero.nmfs.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Maria del Mar Lopez, Southeast SUMMARY: E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56170-56171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22211]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 02-199; RM-10514; FCC 13-114]


Radio Broadcasting Services; Magnolia, Arkansas; and Oil City, 
Louisiana

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of application for review.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(``Commission'') denies an Application for Review filed by Access.1 
Louisiana Holding Company, LLC (``Access.1'') of a Memorandum Opinion 
and Order of the Media Bureau (``Bureau'') in this proceeding, which 
denied Access.1's Petition for Reconsideration of an earlier Bureau 
action, granting the reallotment,

[[Page 56171]]

class downgrade, and change of community of license of Station KQHN(FM) 
from Magnolia, Arkansas, to Oil City, Louisiana. The document finds 
that the Bureau did not err in approving the relocation of this FM 
station.

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, FCC 13-114, MB Docket No. 02-199, RM-
10514, adopted August 14, 2013, and released August 16, 2013. The full 
text of this document 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 document 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 Rule Making filed by Cumulus Licensing, LLC's predecessor 
in interest (``Cumulus'') as licensee of Station KQHN(FM) for a 
downgrade in class of channel, and change of community of license for 
the station from Channel 300C1 at Magnolia, Arkansas, to Channel 300C2 
at Oil City, Louisiana, See 70 FR 19337, April 13, 2005. In the 
Memorandum Opinion and Order, the Bureau affirmed the grant and 
concluded that the relocation of the station to Oil City did not 
constitute a ``move-in'' to the Shreveport, Louisiana, Urbanized Area 
because Cumulus had demonstrated that Oil City is sufficiently 
independent of the Shreveport Urbanized Area to warrant a first local 
service preference under the then-existing Tuck test. See 69 FR 8333, 
February 24, 2004.
    On review, the Commission finds that the Bureau did not err in (1) 
determining that Oil City was independent of Shreveport; (2) declining 
to adopt Acceess.1's proposed processing policy of requiring a 
certification by a community of license modification proponent that it 
will not select a site that would provide substantial service to an 
urbanized area; and (3) finding that the proposed reallotment would 
serve the public interest. The Commission upholds those decisions for 
the reasons stated in the Memorandum Opinion and Order.
    However, the Commission states that some additional discussion is 
warranted regarding the remaining issues raised by Access.1. Most 
importantly, the Commission finds that Cumulus had not engaged in 
misrepresentation and/or had not shown a lack of candor as to whether 
its proposal would be a ``move-in'' to the Shreveport Urbanized Area. 
The Commission explains that under the then-existing procedures, 
Cumulus was permitted to specify at the rule making stage reference 
coordinates of a theoretical fully spaced site and later in the 
implementing application to specify a different site. Absent any 
extrinsic evidence to the contrary, which Access.1 did not produce, the 
Commission concludes that a misrepresentation or lack of candor 
allegation based on the specification of a different application site 
is speculative.
    This document is not subject to the Congressional Review Act. (The 
Commission, is, therefore, not required to submit a copy of the 
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. 2013-22211 Filed 9-11-13; 8:45 am]
BILLING CODE 6712-01-P
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