Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45769 

* * * * * 

[FR Doc. E9–21399 Filed 9–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R07–RCRA–2009–0646; FRL–8953–3] 

Adequacy of Kansas Municipal Solid 

Waste Landfill Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This action approves Kansas’ 

Research, Development and 

Demonstration (RD&D) permit program 

and updates to the approved Municipal 

Solid Waste Landfill Permit (MSWLP) 

program. On March 22, 2004, the EPA 

issued final regulations allowing RD&D 

permits to be issued to certain 

municipal solid waste landfills by 

approved States. On December 11, 2008, 

Kansas submitted an application to the 

EPA seeking Federal approval of its 

RD&D requirements and to update 

Federal approval of its MSWLP 

program. 

DATES: This direct final determination is 

effective November 3, 2009, without 

further notice unless EPA receives 

adverse comments by October 5, 2009. 

If adverse comments are received, EPA 

will publish a timely response or 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will or will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

RCRA–2009–0646, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: cruise.nicole@epa.gov. 

3. Mail: Send written comments to 

Nicole Cruise, EPA Region 7, Solid 

Waste/Pollution Prevention Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier: Deliver 

your comments to Nicole Cruise, EPA 

Region 7, Solid waste/Pollution 

Prevention Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–RCRA–2009– 

0646. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Solid Waste/Pollution Prevention 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. The Regional 

Office’s official hours of business are 

Monday through Friday, 8 to 4:30, 

excluding Federal holidays. The 

interested persons wanting to examine 

these documents should make at 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Cruise at (913) 551–7641, or by 

e-mail at cruise.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On March 22, 2004, the EPA issued 

final regulations allowing RD&D permits 

to be issued at certain municipal solid 

waste landfills (69 FR 13242). This new 

provision may only be implemented by 

an approved State. While States are not 

required to seek approval for this new 

provision, those States that are 

interested in providing RD&D permits to 

municipal solid waste landfills must 

seek approval from EPA before issuing 

such permits. Kansas received final 

approval for 40 CFR part 258 provisions 

on June 24, 1996 (61 FR 32434). This 

request incorporates the November 27, 

1996, final rule (61 FR 60328) for 

financial assurance mechanisms for 

local governments; the July 29, 1997, 

final rule (62 FR 40708) for revisions to 

criteria for small municipal solid waste 

landfills; and the April 10, 1998, final 

rule (63 FR 17706) for financial test and 

corporate guarantee to financial 

assurance mechanisms. Approval 

procedures for new provisions of 40 

CFR part 258 are outlined in 40 CFR 

239.12. On December 11, 2008, Kansas 

submitted an application for approval of 

its RD&D permit provisions and update 

of the approved MSWLP program. 

B. Decision 

After a thorough review, EPA 

determined that Kansas’ RD&D permit 

provisions and its updated rules for its 

Municipal Solid Waste Landfill Permit 

Program, as defined under Kansas 

Statutes Annotated (KSA) Chapter 65— 

Public Health, Article 34—Solid Waste, 

Kansas Administrative Regulations 

(KAR), Agency 28—Kansas Department 

of Health and Environment, Article 29— 

Solid Waste Management are adequate 

to ensure compliance with the Federal 

criteria as defined at 40 CFR 258.4. 

C. Statutory and Executive Order 

Reviews 

This action approves State solid waste 

requirements pursuant to Resource 

Conservation and Recovery Act (RCRA) 

Section 4005 and imposes no Federal 

requirements. Therefore, this rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866: Regulatory 

Planning Review—The Office of 

Management and Budget has exempted 

this action from its review under 

Executive Order (EO) 12866; 

2. Paperwork Reduction Act: This 

action does not impose an information 

collection burden under the Paperwork 

Reduction Act; 

3. Regulatory Flexibility Act: After 

considering the economic impacts of 

today’s action on small entities under 

the Regulatory Flexibility Act, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities; 


pwalker on DSK8KYBLC1PROD with RULES
45770 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

4. Unfunded Mandates Reform Act: 

Because this action approves preexisting requirements under State law 

and does not impose any additional 

enforceable duty beyond that required 

by State law, this action does not 

contain any unfunded mandate, or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Act; 

5. Executive Order 13132: 

Federalism—EO 13132 does not apply 

to this action because this action will 

not have federalism implications (i.e., 

there are no substantial direct effects on 

States, on the relationship between the 

national government and States, or on 

the distribution of power and 

responsibilities between Federal and 

State governments); 

6. Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments—EO 13175 

does not apply to this action because it 

will not have Tribal implications (i.e., 

there are no substantial direct effects on 

one or more Indian Tribes, on the 

relationship between the Federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes); 

7. Executive Order 13045: Protection 

of Children from Environmental Health 

and Safety Risks—This action is not 

subject to EO 13045 because it is not 

economically significant and is not 

based on health or safety risks; 

8. Executive Order 13211: Actions 

that Significantly Affect Energy Supply, 

Distribution, or Use—This action is not 

subject to EO 13211 because it is not a 

significant regulatory action as defined 

in EO 12866; 

9. National Technology Transfer 

Advancement Act: This provision 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impracticable. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards and 

bodies. EPA approves State programs so 

long as the State programs meet the 

criteria delineated in 40 CFR part 258. 

It would be inconsistent with applicable 

law for EPA, in its review of a State 

program, to require the use of any 

particular voluntary consensus standard 

in place of another standard that meets 

40 CFR part 258 requirements. Thus, the 

National Technology Transfer 

Advancement Act does not apply to this 

action; 

10. Congressional Review Act: EPA 

will submit a report containing this 

action and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication in the 

Federal Register. 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 258 

Reporting and recordkeeping 

requirements, Waste treatment disposal, 

Water pollution control. 

Authority: This action is issued under the 

authority of sections 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912, 6945 and 6949(a). 

Dated: August 27, 2009. 

William W. Rice, 

Acting Regional Administrator, Region 7. 

[FR Doc. E9–21403 Filed 9–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1970; MB Docket No. 09–129; RM– 

11549] 

Television Broadcasting Services; 

Hutchinson and Wichita, KS 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by 

Sunflower Broadcasting, Inc. 

(‘‘Sunflower’’), the licensee of stations 

KWCH–DT, Hutchinson, Kansas, 

channel 12, and KSCW–DT, Wichita, 

Kansas, channel 19, substituting 

channel 19 for KWCH–DT’s assigned 

channel 12 at Hutchinson and channel 

12 for KSCW–DT’s assigned channel 19 

at Wichita. 

DATES: This rule is effective September 

4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–129, 

adopted August 31, 2009, and released 

August 31, 2009. 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. 

The Commission will send a copy of 

this 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, Television broadcasting. 

■ 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, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Kansas is amended by adding 

DTV channel 19 and removing DTV 

channel 12 at Hutchinson and by adding 


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