Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations 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 ‘‘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. 

§ 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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: 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: http://

sero.nmfs.noaa.gov/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Maria del Mar Lopez, Southeast 


tkelley on DSK3SPTVN1PROD with RULES