Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules 81187 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state of Nebraska, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 15, 2010. 

William W. Rice, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2010–32456 Filed 12–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2010–0933, FRL–9244–1] 

South Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize states to operate their 

hazardous waste management programs 

in lieu of the federal program. South 

Dakota has applied to EPA for final 

authorization of the changes to its 

hazardous waste program under RCRA. 

EPA has determined that these changes 

satisfy all requirements needed to 

qualify for final authorization, and is 

proposing to authorize the State’s 

changes through this proposed final 

action. 

DATES: Comments must be received by 

January 26, 2011. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: cosentini.christina@epa.gov. 

• Fax: (303) 312–6341 (prior to 

faxing, please notify the EPA contact 

listed below). 

• Mail, Hand Delivery or Courier: 

Deliver your comments to Christina 

Cosentini, Solid and Hazardous Waste 

Program, EPA Region 8, Mailcode 8P– 

HW, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Courier or hand 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The public is advised to call 

in advance to verify the business hours. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No.: EPA–R08–RCRA–2010– 

0933. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov, or email. The federal Web site http://www.

regulations.gov is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through http://www.regulations.

gov, your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://www.regulations.

gov index. Although listed in the index, 

some information may not be publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically through http://

www.regulations.gov or in hard copy at: 

EPA Region 8, from 8 a.m. to 4 p.m., 

1595 Wynkoop Street, Denver, 

Colorado, contact: Christina Cosentini, 

phone number (303) 312–6231, or the 

South Dakota Department of 

Environment and Natural Resources, 

from 9 a.m. to 5 p.m., Joe Foss Building, 

523 East Capitol Avenue, Pierre, SD 

57501, contact: Carrie Jacobson, phone 

number (605) 773–3153. The public is 

advised to call in advance to verify 

business hours. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, Solid and 

Hazardous Waste Program, EPA Region 

8, 1595 Wynkoop Street, Denver, 

Colorado 80202, (303) 312–6231, 

cosentini.christina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the federal 

program. As the federal program 

changes, states must change their 

programs and ask EPA to authorize the 

changes. Changes to state programs may 

be necessary when federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273, and 279. 

B. What decisions have we made in this 

rule? 

We conclude that the State of South 

Dakota’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

grant South Dakota final authorization 

to operate its hazardous waste program 

with the changes described in the 

authorization application. South Dakota 

has responsibility for permitting 

Treatment, Storage, and Disposal 

Facilities (TSDFs), and for carrying out 

the aspects of the RCRA program 

described in its revised program 

application, subject to the limitations of 

the Hazardous and Solid Waste 

Amendments of 1984 (HSWA) for all 

areas within the State except for lands 

located within formal Indian 

Reservations within or abutting the 

State of South Dakota, including the 

Cheyenne River Indian Reservation, 

Crow Creek Indian Reservation, 

Flandreau Indian Reservation, Lower 

Brule Indian Reservation, Pine Ridge 

Indian Reservation, Rosebud Indian 


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81188 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules 

Reservation, Standing Rock Indian 

Reservation, Yankton Indian 

Reservation, any land held in trust by 

the U.S. for an Indian tribe, and any 

other land, whether on or off a 

reservation that qualifies as Indian 

country within the meaning of 18 U.S.C. 

1151. New federal requirements and 

prohibitions imposed by federal 

regulations that EPA promulgates under 

the authority of HSWA take effect in 

authorized states before they are 

authorized for the requirements. Thus, 

EPA will implement those requirements 

and prohibitions in South Dakota 

including issuing permits, until South 

Dakota is granted authorization to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in South Dakota subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent federal requirements in 

order to comply with RCRA. The State 

of South Dakota has enforcement 

responsibilities under its State 

hazardous waste program for violations 

of such program, but EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include, 

among others, authority to: 

• Conduct inspections, and require 

monitoring, tests, analyses, or reports; 

and 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether South Dakota has taken its 

own actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which South Dakota is 

being authorized by this action are 

already effective under State law, and 

are not changed by this action. 

D. What happens if EPA receives 

comments opposing this action? 

If EPA receives comments opposing 

this authorization, we will address all 

public comments in a later Federal 

Register. You will not have another 

opportunity to comment on this action, 

you must do so at this time. 

E. For what has South Dakota 

previously been authorized? 

South Dakota initially received final 

authorization on October 19, 1984, 

effective November 2, 1984 (49 

FR41038) to implement the RCRA 

hazardous waste management program. 

We granted authorization for changes to 

their program on: April 17, 1991, 

effective June 17, 1991 (56 FR 15503); 

September 8, 1993, effective November 

8, 1993 (58 FR 47216); January 10, 1994, 

effective March 11, 1994 (59 FR 01275); 

July 24, 1996, effective September 23, 

1996 (61 FR 38392); May 9, 2000, 

effective June 8, 2000 (65 FR 26755); 

April 23, 2004, effective May 24, 2004 

(69 FR 21962); and March 8, 2006, 

effective March 8, 2006 (71 FR 11533). 

F. What changes are we approving with 

today’s action? 

South Dakota submitted a complete 

program revision application on April 1, 

2010, seeking authorization of their 

changes in accordance with 40 CFR 

271.21. Subject to receipt of written 

comments that oppose this action, we 

now propose that South Dakota’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, we propose to 

grant South Dakota final authorization 

for its entire Hazardous Waste Program. 

South Dakota has revised its entire 

program using a method that 

incorporates the federal Program by 

reference. This method clearly indicates 

where the State’s requirements are more 

stringent or broader-in-scope than the 

federal requirements. The State also 

excluded federal provisions, from the 

incorporation by reference, that are not 

delegated to the State’s program. 

The State of South Dakota revisions 

consist of regulations which specifically 

govern Federal Hazardous Waste 

revisions promulgated from July 1, 2004 

through July 1, 2007, (RCRA Clusters 

XIV–XVII). South Dakota requirements 

are included in a chart with this 

document. 

Description of federal requirement (include 

checklist #, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority) Analogous state authority 

1. Recycled Used Oil Management Standards; 

Clarification. (Checklist 203).

68 FR 44659–44665 July 30, 2003 ................. South Dakota Codified Laws (SDCL) 34A–11; 

Administrative Rules of South Dakota 

(ARSD), 74:28:22:01, 74:28:27:01, 2007 

Rule Update, effective September 13, 2007. 

2. NESHAP: Surface Coating of Automobiles 

and Light-Duty Trucks. (Checklist 205).

69 FR 22601–22661 April 26, 2004 ................ South Dakota Codified Laws (SDCL) 34A–11; 

Administrative Rules of South Dakota 

(ARSD), 74:28:25:01, 74:28:28:01, 2007 

Rule Update, effective September 13, 2007. 

3. Nonwastewaters from Dyes and Pigments. 

(Checklist 206).

70 FR 9138–9180 February 24, 2005 ............. South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:22:01, 74:28:30:01, 2007 

Rule Update, effective September 13, 2007. 

4. Uniform Hazardous Waste Manifest Rule. 

(Checklist 207).

70 FR 10776–10825 March 4, 2005 ............... South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 

74:28:23:01, 74:28:24:01, 74:28:25:01, 

74:28:28:01, 2007 Rule Update, effective 

September 13, 2007. 

5. Methods Innovation Rule and SW–846 Final 

Update IIIB. (Checklist 208).

70 FR 34538–34592 June 14, 2005 ................ South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 

74:28:25:01, 74:28:26:01, 74:28:27:01, 

74:28:28:01, 74:28:30:01, 2007 Rule Update, effective September 13, 2007. 

6. Universal Waste Rule: Specific Provisions for 

Mercury Containing Equipment. (Checklist 

209).

70 FR 45508–45522 August 5, 2005 .............. South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 

74:28:25:01, 74:28:28:01, 74:28:26:01, 

74:28:30:01, 74:28:33:01, 2007 Rule Update, effective September 13, 2007. 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules 81189 

Description of federal requirement (include 

checklist #, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority) Analogous state authority 

7. Standardized Permits for RCRA Hazardous 

Waste Management Facilities. (Checklist 

210).

70 FR 53420–53478 September 8, 2005 ........ South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 

74:28:26:01, 2008 Rule Update, effective 

October 27, 2008. 

8. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixtures. 

(‘‘Headworks exemptions’’ Checklist 211).

70 FR 57769–57785 October 4, 2005 ............. South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:22:01, 2007 Rule Update, 

effective September 13, 2007. 

9. NESHAP: Final Standards for Hazardous 

Waste Combustors. (Phase I Final Replacement Standards and Phase II (Checklist 212).

70 FR 59402–59579 October 12, 2005 ........... South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:25:01, 

74:28:26:01, 74:28:27:01, 74:28:28:01, 

2007 Rule Update, effective September 13, 

2007. 

10. Burden Reduction Initiative. (Checklist 213) 71 FR 16862–16915 April 4, 2006 .................. South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 

74:28:25:01, 74:28:26:01, 74:28:27:01, 

74:28:28:01, 74:28:33:01 2007 Rule Update, effective September 13, 2007. 

11. Corrections to Errors in the Code of Federal 

Regulations. (Checklist 214).

71 FR 40254–40280 July 14, 2006 ................. South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 

74:28:23:01, 4:28:25:01, 74:28:26:01, 

74:28:27:01, 74:28:28:01, 74:28:30:01, 

74:28:33:01, 2008 Rule Update, effective 

October 27, 2008. 

12. Cathode Ray Tubes Rule. (Checklist 215) .. 71 FR 42928–42949 July 28, 2006 ................. South Dakota Code Annotated (SDCL) 34A– 

11; Administrative Rules of South Dakota 

(ARSD), 74:28:21:02, 74:28:22:01, 2007 

Rule Update effective September 13, 2007. 

G. Where are the revised state rules 

different from the federal rules? 

The South Dakota hazardous waste 

program is equivalent to the Federal 

program in all areas. EPA cannot 

delegate the Federal requirements at 40 

CFR part 262, subpart E and H, sections 

268.5, 268.6, 268.42(b), and 268.44(a) 

through (g). EPA will continue to 

implement these requirements. 

H. Who handles permits after the 

authorization takes effect? 

South Dakota will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits which were issued 

prior to the effective date of this 

authorization. We will not issue any 

new permits or new portions of permits 

for the provisions listed in the Table in 

this document after the effective date of 

this authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which South Dakota is 

not yet authorized. 

I. How does today’s action affect Indian 

country (18 U.S.C. 1151) in South 

Dakota? 

South Dakota is not authorized to 

carry out its hazardous waste program 

in Indian country, as defined in 18 

U.S.C. 1151. This includes, but is not 

limited to: 

1. Lands within the exterior 

boundaries of the following Indian 

Reservations located within or abutting 

the State of South Dakota: 

a. Cheyenne River Indian Reservation. 

b. Crow Creek Indian Reservation. 

c. Flandreau Indian Reservation. 

d. Lower Brule Indian Reservation. 

e. Pine Ridge Indian Reservation. 

f. Rosebud Indian Reservation. 

g. Standing Rock Indian Reservation. 

h. Yankton Indian Reservation. 

2. Any land held in trust by the U.S. 

for an Indian tribe, and 

3. Any other land, whether on or off 

a reservation that qualifies as Indian 

country within the meaning of 18 U.S.C. 

1151. 

Therefore, this program revision does 

not extend to Indian country where EPA 

will continue to implement and 

administer the RCRA program in these 

lands. 

J. What is codification and is EPA 

codifying South Dakota’s hazardous 

waste program as authorized in this 

rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart QQ for this 

authorization of South Dakota’s program 

changes until a later date. In this 

authorization application EPA is not 

codifying the rules documented in this 

Federal Register notice. 

K. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

state requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

preexisting requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 


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81190 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules 

Reform Act of 1995 (Pub. L. 104–4). For 

the same reason, this action also does 

not significantly or uniquely affect the 

communities of tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely authorizes state requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

state’s application for authorization as 

long as the state meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the Executive Order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: December 6, 2010. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–32480 Filed 12–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–2365; MB Docket No. 02–151; RM– 

10453] 

Television Broadcasting Services; 

Yuma, AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Dismissal. 

SUMMARY: The Commission dismisses 

the petition for rulemaking filed by 

Arizona Western College, requesting 

that the Commission amend the pretransition DTV Table Allotments to allot 

digital channel 24 at Yuma, Arizona. 

The pre-transition DTV Table of 

Allotments is now obsolete as the DTV 

transition is over and the PostTransition Table of DTV Allotments has 

replaced the pre-transition DTV Table of 

Allotments. Therefore, the petition for 

rulemaking filed by Arizona Western 

College is dismissed. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Order, 

MB Docket No. 02–151, adopted 

December 15, 2010, and released 

December 16, 2010. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http://www.

BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

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 

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. 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Order to the 

Government Accountability Office, 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A) since this 

proposed rule is dismissed, herein.) 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau, Federal Communications 

Commission. 

[FR Doc. 2010–32481 Filed 12–23–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–2358; MB Docket No. 01–323; RM– 

10337] 

Television Broadcasting Services; 

Vernal and Santaquin, UT, and Ely and 

Caliente, NV 

AGENCY: Federal Communications 

Commission. 

ACTION: Dismissal. 

SUMMARY: The Commission dismisses 

the pending rulemaking petition filed by 

TV 6, L.L.C., former permittee of KBCJ, 

analog channel 6, Vernal, Utah, and 

Kaleidescope Foundation Inc., former 

permitee of KBNY, analog channel 6, 

Ely, Nevada, requesting to reallot their 

analog channels from Vernal to 

Santaquin, Utah and from Ely to 

Caliente, Nevada. The Commission was 

required by the DTV Delay Act to 


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