Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 6001 

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), the 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 the 

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, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

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.). 

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. The EPA will 

submit a report containing this 

document and other required 

information 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. 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). This action will be 

effective April 6, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians—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: November 7, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E9–2373 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–41] 

Radio Broadcasting Services; Various 

Locations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission, on its own 

motion, editorially amends the Table of 

FM Allotments to specify the 

noncommercial educational (NCE) 

‘‘star’’ designation for several FM 

channels and classes as allotted to 

various communities in several FM 

allotment rulemaking proceedings. 

DATES: Effective February 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, adopted January 14, 2009, 

and released January 16, 2009. These 

amendments are necessary to reflect 

changes that have been authorized in 

response to FM allotment rule making 

proceedings to which the NCE ‘‘star’’ 

designation as listed for various 

communities was inadvertently 

removed from Section 73.202(b), FM 

Table of Allotments by the Revision of 

Procedures Governing Amendments to 

FM Table of Allotments and Changes of 

Community of License in the Radio 

Broadcast Services 71 FR 76208, 

published December 20, 2006. The full 

text of this Commission decision is 

available for inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

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

Room CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will not send a copy of the Report & 

Order in this proceeding pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the adopted rules 

are rules of particular applicability. 

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 BROADCASTING 

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 California, is 

amended by removing Channel 277C3 

and by adding Channel *277C3 at 

McKinleyville. 

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

Allotments under Indiana, is amended 

by removing Channel 291A and by 

adding Channel *291A at Fowler; and 

by removing Channel 298B and by 

adding Channel *298B at Terre Haute. 

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

Allotments under New York, is 

amended by removing Channel 221A 

and by adding Channel *221A at 

Amherst. 

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

Allotments under North Carolina, is 

amended by removing Channel 237A 

and by adding Channel *237A at 

Dillsboro. 

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

Allotments under North Dakota, is 

amended by removing Channel 264C 

and by adding Channel *264C at 

Berthold. 

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

Allotments under Pennsylvania, is 

amended by removing Channel 227A 

and by adding Channel *227A at 

Susquehanna. 

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

Allotments under Virgin Islands, is 

6002 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

amended by adding Channel *226A at 

Charlotte Amalie. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–2397 Filed 2–3–09; 8:45 am] 

BILLING CODE 6712–01–P