Television Broadcasting Services Des Moines, Iowa, 77009-77010 [2023-24652]
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
several ways. For example, we
contacted individuals in environmental
justice groups about the proposal and
provided information about the public
hearings and the comment period;
provided information on our website in
both Spanish and English; and provided
Spanish translation during the public
hearings. We received and considered
comments from those with
environmental justice concerns, as
described in the Response to Comments
document.25
K. Congressional Review Act
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
lotter on DSK11XQN23PROD with RULES1
VI. Statutory Authority and Legal
Provisions
Statutory authority for these revisions
to our preemption regulations is found
in CAA section 209(e)(2)(B), 42 U.S.C.
7543(e)(2)(B), which requires EPA to
promulgate regulations implementing
CAA section 209(e), which in turn
addresses the prohibition of State
standards regarding certain classes of
new nonroad engines or new nonroad
vehicles including new locomotives and
new engines used in locomotives, as
well as EPA’s authorization criteria for
certain California standards for other
nonroad engines or nonroad vehicles.
VII. Judicial Review and
Administrative Reconsideration
Under CAA section 307(b)(1), judicial
review of this final action is available
only by filing a petition for review in
the United States Court of Appeals for
the District of Columbia Circuit (the
Court) by January 8, 2024. Under CAA
section 307(b)(2), the requirements
established by this final rule may not be
challenged separately in any civil or
criminal proceedings brought by the
EPA to enforce the requirements.
Section 307(d)(7)(B) of the CAA further
provides that only an objection to a rule
or procedure which was raised with
reasonable specificity during the period
for public comment (including any
public hearing) may be raised during
judicial review. This section also
provides a mechanism for the EPA to
reconsider the rule if the person raising
an objection can demonstrate to the
Administrator that it was impracticable
to raise such objection within the period
for public comment or if the grounds for
such objection arose after the period for
public comment (but within the time
25 See
Note 7.
VerDate Sep<11>2014
16:17 Nov 07, 2023
Jkt 262001
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule. Any person seeking
to make such a demonstration should
submit a Petition for Reconsideration to
the Office of the Administrator, U.S.
EPA, Room 3000, WJC South Building,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, with a copy to
both the person(s) listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S. EPA,
1200 Pennsylvania Ave. NW,
Washington, DC 20460. Under CAA
section 307(b)(1), the filing of a petition
for reconsideration shall not affect the
finality of the rule for purposes of
judicial review nor extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of the rule.
List of Subjects in 40 CFR Part 1074
Environmental protection,
Administrative practice and procedure,
Air pollution control, Locomotives,
Nonroad engines, Scope of preemption.
Michael S. Regan,
Administrator.
PART 1074—PREEMPTION OF STATE
STANDARDS AND PROCEDURES FOR
WAIVER OF FEDERAL PREEMPTION
FOR NONROAD ENGINES AND
NONROAD VEHICLES
1. The authority citation for part 1074
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
Subpart A—Applicability and General
Provisions
2. Amend § 1074.10 by revising
paragraph (b) and adding paragraph (c)
to read as follows:
■
Scope of preemption.
*
*
*
*
*
(b) States and localities are preempted
from adopting or enforcing standards or
other requirements relating to the
control of emissions from new
locomotives and new engines used in
locomotives.
(c) For nonroad engines or vehicles
other than those described in
paragraphs (a) and (b) of this section,
States and localities are preempted from
enforcing any standards or other
requirements relating to control of
PO 00000
Frm 00021
Fmt 4700
emissions from nonroad engines or
vehicles except as provided in subpart
B of this part.
§ 1074.12
■
[Removed]
3. Remove § 1074.12.
Subpart B—Procedures for
Authorization
4. Amend § 1074.101 by revising
paragraph (a) to read as follows:
■
§ 1074.101 Procedures for California
nonroad authorization requests.
(a) California must request
authorization from the Administrator to
enforce its adopted standards and other
requirements relating to control of
emissions from nonroad engines or
vehicles that are not preempted by
§ 1074.10(a) or (b). The request must
include the record on which the State
rulemaking was based.
*
*
*
*
*
[FR Doc. 2023–24513 Filed 11–7–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
For the reasons set out in the
preamble, EPA amends title 40, chapter
I of the Code of Federal Regulations as
set forth below.
§ 1074.10
77009
Sfmt 4700
[MB Docket No. 23–296; RM–11964; DA 23–
1030; FR ID 183180]
Television Broadcasting Services Des
Moines, Iowa
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Video Division, Media
Bureau (Bureau) has before it a notice of
proposed rulemaking issued in response
to a petition for rulemaking filed by
Iowa Public Broadcasting Board
(Petitioner), the licensee of
noncommercial educational television
PBS member station KDIN–TV (KDIN–
TV or Station), channel *11, Des
Moines, Iowa. The Petitioner has
requested the substitution of channel
*34 in place of channel *11 at Des
Moines in the Table of TV Allotments,
and requested that we delete vacant
channel *34, Ames, Iowa (Ames) and
substitute it with the allotment of vacant
channel *21 to Ames. Petitioner filed
comments in support of the petition, as
required by the Commission’s rules
(rules), reaffirming its commitment to
apply for channel *34.
DATES: Effective November 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Emily Harrison, Media Bureau, at (202)
418–1665 or Emily.Harrison@fcc.gov.
SUMMARY:
E:\FR\FM\08NOR1.SGM
08NOR1
77010
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
The
proposed rule was published at 88 FR
60611 on September 5, 2023. The
Petitioner filed comments in support of
the petition reaffirming its commitment
to apply for channel *34. No other
comments were received.
The Bureau believes the public
interest would be served by substituting
channel *34 for channel *11 at Des
Moines. Petitioner asserts that the
channel substitution from a VHF to UHF
channel would serve the public interest
by resolving viewer reception
challenges and significantly improving
the Station’s over-the-air service to the
viewers in its existing service area.
Petitioner includes with its Petition a
number of viewer complaints
highlighting current reception problems.
Petitioner states that the Commission
has recognized that VHF channels pose
challenges for their use in providing
digital television service, including
propagation characteristics that allow
undesired signals and noise to be
receivable at relatively far distances and
large variability in the performance of
indoor antennas available to viewers,
with most antennas performing very
poorly on high VHF channels. An
engineering statement provided by the
Petitioner confirms that the proposed
channel *34 contour would provide full
principal community coverage to Des
Moines. The proposed move from
channel *11 to channel *34 is also
predicted not to create a loss of service
to any viewers, and will increase the
area covered while serving the
population with higher signal levels,
according to the engineering statement.
Petitioner acknowledges that the
proposed channel substitution would
not meet the distance separation
requirements regarding the vacant
channel *34 allotment at Ames. As a
result, Petitioner requests that
simultaneously with the substitution of
channel *34 at Des Moines, we delete
the vacant channel *34 allotment at
Ames and substitute it with the
allotment of vacant channel *21 to
Ames. As stated in its supplemental
engineering statement, the proposed
channel *21 is described as meeting the
distance criteria found in § 73.623(d) of
the rules, and an analysis using the
Commission’s TVStudy software is
provided showing no interference to any
other station or allotment.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 23–296; RM–11964; DA 23–
1030, adopted November 1, 2023, and
released November 1, 2023. The full text
of this document is available for
download at https://www.fcc.gov/edocs.
To request materials in accessible
lotter on DSK11XQN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:53 Nov 07, 2023
Jkt 262001
formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
This document does not contain
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, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
the Report and Order 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
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(j), amend the Table of
TV Allotments, under ‘‘Iowa,’’ by
revising the entries for ‘‘Ames’’ and
‘‘Des Moines’’ to read as follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(j) * * *
*
*
Community
*
Channel No.
*
*
*
*
Iowa
Ames ................
5, *21, 23
*
*
Des Moines ......
*
*
8, 13, 16, 19, *34
PO 00000
*
*
Frm 00022
*
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*
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*
*
[FR Doc. 2023–24652 Filed 11–7–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
[Docket No. FMCSA–2023–0122]
RIN 2126–AC61
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
FMCSA amends its
Hazardous Materials Safety Permit
(HMSP) regulations to incorporate by
reference the updated Commercial
Vehicle Safety Alliance (CVSA)
handbook containing inspection
procedures and out-of-service criteria
(OOSC) for inspections of shipments of
transuranic waste and highway routecontrolled quantities (HRCQs) of
radioactive material (RAM). The OOSC
provide enforcement personnel
nationwide, including FMCSA’s State
partners, with uniform enforcement
tolerances for inspections. Currently,
the regulations reference the April 1,
2022, edition of the handbook. Through
this rule, FMCSA incorporates by
reference the April 1, 2023, edition.
DATES: Effective December 8, 2023. The
incorporation by reference of the
material described in the rule is
approved by the Director of the Federal
Register as of December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ Cestero, Vehicle and Roadside
Operations Division, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001, (202) 366–5541,
jose.cestero@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION: FMCSA
organizes this final rule as follows:
SUMMARY:
I. Availability of Rulemaking Documents
II. Executive Summary
III. Abbreviations
IV. Legal Basis for the Rulemaking
V. Background
VI. Discussion of Proposed Rulemaking and
Comments
A. Proposed Rulemaking
B. Comments and Responses
VII. Severability
E:\FR\FM\08NOR1.SGM
08NOR1
]]>Agencies
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77009-77010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24652]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 23-296; RM-11964; DA 23-1030; FR ID 183180]
Television Broadcasting Services Des Moines, Iowa
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Video Division, Media Bureau (Bureau) has before it a
notice of proposed rulemaking issued in response to a petition for
rulemaking filed by Iowa Public Broadcasting Board (Petitioner), the
licensee of noncommercial educational television PBS member station
KDIN-TV (KDIN-TV or Station), channel *11, Des Moines, Iowa. The
Petitioner has requested the substitution of channel *34 in place of
channel *11 at Des Moines in the Table of TV Allotments, and requested
that we delete vacant channel *34, Ames, Iowa (Ames) and substitute it
with the allotment of vacant channel *21 to Ames. Petitioner filed
comments in support of the petition, as required by the Commission's
rules (rules), reaffirming its commitment to apply for channel *34.
DATES: Effective November 8, 2023.
FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202)
418-1665 or [email protected].
[[Page 77010]]
SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR
60611 on September 5, 2023. The Petitioner filed comments in support of
the petition reaffirming its commitment to apply for channel *34. No
other comments were received.
The Bureau believes the public interest would be served by
substituting channel *34 for channel *11 at Des Moines. Petitioner
asserts that the channel substitution from a VHF to UHF channel would
serve the public interest by resolving viewer reception challenges and
significantly improving the Station's over-the-air service to the
viewers in its existing service area. Petitioner includes with its
Petition a number of viewer complaints highlighting current reception
problems. Petitioner states that the Commission has recognized that VHF
channels pose challenges for their use in providing digital television
service, including propagation characteristics that allow undesired
signals and noise to be receivable at relatively far distances and
large variability in the performance of indoor antennas available to
viewers, with most antennas performing very poorly on high VHF
channels. An engineering statement provided by the Petitioner confirms
that the proposed channel *34 contour would provide full principal
community coverage to Des Moines. The proposed move from channel *11 to
channel *34 is also predicted not to create a loss of service to any
viewers, and will increase the area covered while serving the
population with higher signal levels, according to the engineering
statement. Petitioner acknowledges that the proposed channel
substitution would not meet the distance separation requirements
regarding the vacant channel *34 allotment at Ames. As a result,
Petitioner requests that simultaneously with the substitution of
channel *34 at Des Moines, we delete the vacant channel *34 allotment
at Ames and substitute it with the allotment of vacant channel *21 to
Ames. As stated in its supplemental engineering statement, the proposed
channel *21 is described as meeting the distance criteria found in
Sec. 73.623(d) of the rules, and an analysis using the Commission's
TVStudy software is provided showing no interference to any other
station or allotment.
This is a synopsis of the Commission's Report and Order, MB Docket
No. 23-296; RM-11964; DA 23-1030, adopted November 1, 2023, and
released November 1, 2023. The full text of this document is available
for download at https://www.fcc.gov/edocs. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
This document does not contain 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, 5 U.S.C. 601-612, do not apply to
this proceeding.
The Commission will send a copy of the Report and Order 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
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
2. In Sec. 73.622(j), amend the Table of TV Allotments, under
``Iowa,'' by revising the entries for ``Ames'' and ``Des Moines'' to
read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(j) * * *
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
* * * * *
Iowa
------------------------------------------------------------------------
Ames...................................... 5, *21, 23
------------------------------------------------------------------------
* * * * *
Des Moines................................ 8, 13, 16, 19, *34
* * * * *
------------------------------------------------------------------------
[FR Doc. 2023-24652 Filed 11-7-23; 8:45 am]
BILLING CODE 6712-01-P
