5176 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Rules and Regulations 

submit a rule report to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of 

February 1, 2006. EPA will submit a 

report containing this rule 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 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 rule is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 3, 2006. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this rule for the purpose of 

judicial review nor does it extend the 

time within which 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, Intergovernmental 

regulations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 6, 2006. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 06–893 Filed 1–31–06; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 06–14; MB Docket No. 03–87; RM–

10686] 

Radio Broadcasting Services; Dilley 

and Pearsall, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Pearsall Radio Works, Ltd., 

reallots Channel 237A from Pearsall to 

Dilley, Texas, and modifies Station 

KVWG–FM’s license accordingly. See 

68 FR 18177, April 15, 2003. Channel 

237A can be allotted to Dilley in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

2.7 kilometers (1.7 miles) east at 

Petitioner’s requested site. The reference 

coordinates for Channel 237A at Dilley 

are 28–39–55 North Latitude and 99–

08–35 West Longitude. Additionally, 

Channel 227A can be allotted to 

Pearsall, Texas, as a replacement service 

with a site restriction of 1.7 kilometers 

(1.1 miles) west at Petitioner’s requested 

site. The reference coordinates for 

Channel 227A at Pearsall are 28–53–13 

North Latitude and 99–06–40 West 

Longitude. See SUPPLEMENTARY

INFORMATON, infra. 

DATES: Effective February 21, 2006. The 

window period for filing applications 

for Channel 227A at Pearsall, Texas, 

will not be opened at time. Instead, the 

issue of opening this allotment for 

auction will be addressed by the 

Commission in a subsequent order. 

FOR FURTHER INFORMATION CONTACT: 

Sharon P. McDonald, Media Bureau, 

(202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 03–87, 

adopted January 4, 2006, and released 

January 6, 2006. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC 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 U.S.C. § 801(a)(1)(A). 

Since Pearsall and Dilley are located 

within 320 kilometers (199 miles) of the 

Mexican border, the Commission sought 

Mexican concurrence for the allotment 

of Channel 237A at Dilley and Channel 

227A at Pearsall, Texas. Mexican 

concurrence has been received for 

Channel 227A at Pearsall. However, 

concurrence of the Mexican government 

has not yet been received for Channel 

237A at Dilley. If a construction permit 

for Channel 237A at Dilley, Texas, is 

granted prior to the Commission’s 

receipt of formal concurrence in the 

allotment by the Mexican Government, 

the construction permit will include the 

following condition: ‘‘Use of this 

allotment is subject to suspension, 

modification, or termination without 

right to hearing, if found by the 

Commission to be necessary in order to 

conform to the 1992 USA-Mexico FM 

Broadcast Agreement or if specifically 

objected to by Mexico’s Secretaria de 

Communicaciones Y Transportes.’’

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ Part 73 of title 47 of the Code of 

Federal Regulations is amended 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 and 336. 

§ 73.202 [Amended] 

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

Allotments under Texas, is amended by 

removing Channel 255C2 and adding 

Channel 255C1, Channel 227A and 

Channel 237A at Dilley and by 

removing Channel 237A at Pearsall. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 06–753 Filed 1–31–06; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 76 

[FCC 05–211] 

Order Staying Effective Date, In the 

Matter of Children’s Television 

Obligations of Digital Television 

Broadcasters 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; stay of effectiveness. 

SUMMARY: This document stays three 

sections of the CFR regarding the 

requirements for Internet Web site 

address displays in children’s television 

programming and the core children’s 

programming processing guideline for 

digital broadcasters in MM Docket 00–

167, until 60 days after publication in 

the Federal Register of the 

Commission’s order on reconsideration 

in that proceeding. These requirements 

were previously scheduled to become 

effective on January 1, 2006. 


erjones on PROD1PC61 with RULES