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 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45771 

DTV channel 12 and removing DTV 

channel 19 at Wichita. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau, Federal Communications 

Commission. 

[FR Doc. E9–21392 Filed 9–3–09; 8:45 am] 

BILLING CODE 6712–01–P 


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