29886 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 

1Radio Broadcasters include Bonneville 

International Corp., Clear Channel 

Communications, Inc., Susquehanna Radio Corp., 

and The National Religious Broadcasters Music 

License Committee (‘‘NRBMLC’’). 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: May 18, 2007. 

Waverly W. Gregory, Jr. 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E7–10276 Filed 5–29–07; 8:45 am] 

BILLING CODE 4910–15–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 2005–1 CRB DTRA] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule: technical 

amendment. 

SUMMARY: The Copyright Royalty 

Judges, on behalf of the Copyright 

Royalty Board of the Library of 

Congress, are making a technical 

amendment in the regulation regarding 

the royalty fees for the public 

performance of sound recordings and 

for ephemeral recordings under two 

statutory licenses to clarify the 

appropriate Aggregate Tuning Hour 

usage rate calculation option for the 

transition period of 2006 and 2007 for 

non-music programming. 

EFFECTIVE DATE: May 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor. 

Telephone: (202) 707–7658. Telefax: 

(202) 252–3423. 

SUPPLEMENTARY INFORMATION: On May 1, 

2007, the Copyright Royalty Judges 

(‘‘Judges’’) announced their final 

determination of the rates and terms for 

two statutory licenses, permitting 

certain digital performances of sound 

recordings and the making of ephemeral 

recordings, for the period beginning 

January 1, 2006, and ending on 

December 31, 2010. 72 FR 24084 (May 

1, 2007). The Final Determination 

included a transition phase for 2006 and 

2007 to use Aggregate Tuning Hours 

(‘‘ATH’’) to estimate usage as permitted 

under the prior fee regime in order to 

facilitate a smooth transition to the fee 

structure adopted in the Final 

Determination. 72 FR 24086. Such ATH 

usage rate calculation options are set 

forth in § 380.3(a). 

On May 8, 2007, Radio Broadcasters 1

requested the Judges to clarify whether 

the appropriate ATH usage rate 

calculation option available for the 

transition period of 2006 and 2007 was 

inadvertently misstated because the 

incorrect starting point was identified 

for the ‘‘prior fees’’ row for non musicprogramming (i.e., $0.0008 instead of 

$0.000762). None of the other parties in 

the proceeding filed any pleading about 

the request. The Judges considered the 

Radio Broadcasters’ request under their 

authority in section 803(c)(4) of the 

Copyright Act, title 17 of the United 

States Code, which authorizes them to 

correct ‘‘any technical or clerical errors 

in the determination * * * that would 

frustrate the proper implementation of 

the determination’’ and requires them to 

distribute to the participants of the 

proceeding such correction and to 

publish the correction in the Federal 

Register. 

After full consideration of the Radio 

Broadcasters’ request, the Judges 

concluded that such clerical error 

indeed had been made. Consequently, 

in accordance with 17 U.S.C. 804(c)(4), 

the Judges issued an order to the 

participants in the proceeding 

acknowledging the clerical error and 

setting forth the corrected ATH usage 

rate calculation option available for 

non-music programming for the 2006–

2007 transition period. See Order 

Regarding Broadcasters’ Request for 

Clarification of the Final Determination 

of Rates and Terms, Docket No. 2005–

1 CRB DTRA (May 21, 2007). 

Moreover, as further required by 17 

U.S.C. 803(c)(4), the Judges today are 

amending §§ 380.3(a)(1)(ii) and (a)(2)(iii) 

to reflect, as set forth in the May 21 

Order, the correct ATH usage rate 

calculation option available for nonmusic programming for the transition 

period 2006–2007, which is as follows: 

NON-MUSIC PROGRAMMING

Prior Fees ................. $0.000762 per ATH. 

2006 .......................... $0.0008 per ATH. 

2007 .......................... $0.0011 per ATH. 

This correction also applies to 

footnotes 33 and 55 in Sections 

IV.C.1.d.i. and IV.D.1., respectively, of 

the Final Determination. 

Because this amendment is being 

made simply for the purpose of 

correcting a clerical error, the Judges 

find that there is good cause to make it 

effective immediately. 

List of Subjects in 37 CFR Part 380 

Copyright, Sound recordings. 

Final Regulation 

■ For the reasons set forth in the 

preamble, 37 CFR part 380 is amended 

as follows: 

PART 380—RATES AND TERMS FOR 

CERTAIN ELIGIBLE 

NONSUBSCRIPTION TRANSMISSIONS, 

NEW SUBSCRIPTION SERVICES AND 

THE MAKING OF EPHEMERAL 

REPRODUCTIONS 

■ 1. The authority citation for part 380 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 114(f). 

§ 380.3 [Amended] 

■ 2. Section 380.3 is amended as 

follows: 

■ a. In paragraph (a)(1)(ii), by removing 

‘‘$0.0008’’ and adding ‘‘$0.000762’’ in 

its place, by removing ‘‘$0.0011’’ and 

adding ‘‘$0.0008’’ in its place, and by 

removing ‘‘$0.0014’’ and adding 

‘‘$0.0011’’ in its place; and 

■ b. In paragraph (a)(2)(iii), by removing 

‘‘$0.0008’’ and adding ‘‘$0.000762’’ in 

its place, by removing ‘‘$0.0011’’ and 

adding ‘‘$0.0008’’ in its place, and by 

removing ‘‘$0.0014’’ and adding 

‘‘$0.0011’’ in its place. 

Dated: May 23, 2007. 

James Scott Sledge, 

Chief Copyright Royalty Judge. 

[FR Doc. E7–10366 Filed 5–29–07; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0236; FRL–8315–9] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD) portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

Oxides of Nitrogen (NOX) emissions 

from Boilers, Steam Generators and 

Process Heaters (2.0 MMBtu/hr to 5.0 

MMBtu/hr, and 0.075 MMBtu/hr to 2.0 

MMBtu/hr); Dryers, Dehydrators, and 

Ovens; Natural Gas-Fired, Fan-Type 


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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 29887 

Residential Central Furnaces; and Solid 

Fuel Fired Boilers, Steam Generators 

and Process Heaters. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on July 30, 

2007 without further notice, unless EPA 

receives adverse comments by June 29, 

2007. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0236, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through the 

http://www.regulations.gov or e-mail 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules and rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules 

D. Public comment and final action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1.—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ................................ 4307 Boilers, Steam Generators and Process Heaters—2.0 MMBtu/hr 

to 5.0 MMBtu/hr.

04/20/06 10/05/06 

SJVUAPCD ................................ 4308 Boilers, Steam Generators and Process Heaters—0.075 MMBtu/ 

hr to 2.0 MMBtu/hr.

10/20/05 03/10/06 

SJVUAPCD ................................ 4309 Dryers, Dehydrators, and Ovens .................................................... 12/15/05 03/10/06 

SJVUAPCD ................................ 4352 Solid Fuel Fired Boilers, Steam Generators and Process Heaters 05/18/06 10/05/06 

SJVUAPCD ................................ 4905 Natural Gas-Fired, Fan-Type Residential Central Furnaces .......... 10/20/05 03/10/06 

On March 30, 2006, the submittals of 

Rules 4308, 4309, and 4905 were found 

to meet the completeness criteria in 40 

CFR Part 51 Appendix V, which must be 

met before formal EPA review. On 

October 24, 2006, the submittals of 

Rules 4307 and 4352 were found to 

meet these completeness criteria. 

B. Are there other versions of these 

rules? 

Rules 4308, 4309, and 4905 are new 

rules submitted to us for the first time. 

There are no previous versions of Rule 

4307 in the SIP, although the 

SJVUAPCD adopted an earlier version of 

this rule on December 15, 2005, and 

CARB submitted it to us on March 10, 

2006. We approved a version of Rule 

4352 into the SIP on February 11, 1999 

(64 FR 6803). The SJVUAPCD adopted 

revisions to the SIP-approved version on 

May 18, 2006 and CARB submitted 

them to us on October 5, 2006. While 

we can act on only the most recently 

submitted version, we have reviewed 

materials provided with previous 

submittals. 

C. What is the purpose of the submitted 

rules and rule revisions? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control NOX emissions. The 

amendments to Rule 4307 are purely 

administrative, and do no change any 

emissions reduction requirements. New 

Rule 4308 requires that small boilers, 

steam generators and process heaters 

(0.075 to 2.0 million British thermal 

units per hour, MMBtu/hr) be certified 

to meet NOX emission limits. New Rule 

4309 limits NOX and carbon monoxide 

(CO) emissions from dryers, dehydrators 

and ovens with total rated heat input of 

5.0 MMBtu/hr or greater. The 

amendments to Rule 4352 expand the 

rule’s scope to apply to units with 

potential NOX emissions of 10 tons per 

year; the emissions limits have also 

been strengthened. New Rule 4905 

limits NOX emissions from natural gasfired, fan-type residential central 

furnaces with a rated heat input 

capacity of less than 175,000 Btu/hr, or 

a rated cooling capacity of less than 

65,000 Btu/hr for combination heating 

and cooling units. EPA’s technical 

support documents (TSD) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 


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29888 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 

Control Technology (RACT) for each 

category of sources covered by a Control 

Technique Guideline (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and 182(f)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SJVUAPCD 

regulates a ‘‘serious’’ ozone 

nonattainment area (see 40 CFR part 81), 

so Rules 4307, 4308, 4309, 4352, and 

4905 must fulfill RACT. In addition, the 

San Joaquin Valley is a ‘‘serious’’

particulate matter (PM–10) 

nonattainment area, and is therefore 

required under section 189(b)(1)(B) and 

(e) of the Act to implement Best 

Available Control Measures (BACM) 

(which includes Best Available Control 

Technology or BACT) for control of PM–

10 precursor emissions, including NOX. 

Guidance and policy documents that 

we use to help evaluate enforceability 

and RACT requirements consistently 

include the following: 

1. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ U.S. EPA, May 25, 1988 

(the Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ U.S. EPA Region 9, 

August 21, 2001 (the Little Bluebook). 

4. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters,’’ California Air 

Resources Board, July 18, 1991. 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional 

(ICI) Boilers,’’ U.S. EPA, EPA–453/R–

94–022, March 1994. 

6. ‘‘State Implementation Plans: 

Policy Regarding Excess Emissions 

during Malfunctions, Startup, and 

Shutdown,’’ U.S. EPA Memorandum to 

Regional Administrators, September 20, 

1999. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, BACM, 

and SIP relaxations. The TSDs have 

more information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that do not affect EPA(s 

current action but are recommended for 

the next time the local agency modifies 

the rules. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by June 29, 2007, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on July 30, 2007. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

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 

rule approves pre-existing 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 Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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. 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.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 


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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 29889 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 30, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: April 30, 2007. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(344)(i)(C) and 

(347) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(344) * * * 

(i) * * * 

(C) San Joaquin Valley Unified Air 

Quality Management District. 

(1) Rule 4308, adopted on October 20, 

2005; Rule 4309, adopted on December 

15, 2005; and Rule 4905, adopted on 

October 20, 2005. 

* * * * * 

(347) New and amended regulations 

for the following APCDs were submitted 

on October 5, 2006, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4307, adopted on April 20, 

2006; and Rule 4352, adopted on May 

18, 2006. 

* * * * * 

[FR Doc. E7–10236 Filed 5–29–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–2040; MB Docket No. 05–143; RM–

11221; RM–11286] 

Radio Broadcasting Services; Romney 

and Wardensville, WV 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Hardy County Broadcast 

Associates, allots Channel 239A at 

Wardensville, West Virginia, as the 

community’s first local FM service. 

Channel 239A can be allotted to 

Wardensville, West Virginia, in 

compliance with the Commission’s 

minimum distance separation 

requirements with at city reference 

coordinates: 39–04–30 North Latitude 

and 78–35–53 West Longitude. Because 

Wardensville is located within the 

protected areas of the National Radio 

Astronomy Observatory ‘‘Quiet Zone’’ at 

Green Bank, West Virginia, the 

successful applicant for Channel 239A 

at Wardensville will be required to 

comply with the notification 

requirement of Section 73.1030(a) of the 

Commission’s rules, 47 CFR 73.1030(a). 

DATES: Effective June 25, 2007. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 05–143, 

adopted May 9, 2007, and released May 

11, 2007. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision also may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC, 

20554, (800) 378–3160, or via the 

company’s Web site, http:// 

www.bcpiweb.com. 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 

Radio, Radio broadcasting. 

■ As stated 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. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under West Virginia, is 

amended by adding Wardensville, 

Channel 239A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–10360 Filed 5–29–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061213334–6334–01; I.D. 

120806B] 

RIN 0648–AV05 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Interim Rule Extension 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim rule 

extension. 

SUMMARY: This action extends interim 

measures that were implemented by the 

National Marine Fisheries Service 

(NMFS) on December 22, 2006, to 

reduce the potential for overfishing the 

Atlantic sea scallop (scallop) resource 

and causing excessive scallop mortality 

resulting from deck loading by reducing 

the number of limited access and 

general category scallop trips to the 

Elephant Trunk Access Area (ETAA), 

and prohibiting the retention of more 


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