Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16283 

1Consolidated Appropriations Act, 2004, Public 

Law 108–199, § 629, 118 Stat. 3 (2004). 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 21, 2007. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.190 is amended by 

alphabetically adding the following 

commodity to the table in paragraph (a) 

to read as follows: 

§ 180.190 Diphenylamine; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

*****

Pear (post harvest) 5.0 

*****

* * * * * 

[FR Doc. E7–5804 Filed 4–3–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1349; MB Docket No. 02–177; RM–

10489] 

Radio Broadcasting Services; Milano, 

TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; dismissal of petition 

for reconsideration. 

SUMMARY: The staff approves the 

withdrawal of a petition for 

reconsideration in this FM allotment 

rulemaking proceeding and finds no 

reason for further consideration of the 

matters raised therein. See 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 02–177, adopted March 16, 

2007, and released March 20, 2007. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

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

CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. 

The Report and Order in this 

proceeding dismissed a counterproposal 

in this rulemaking proceeding filed by 

Roy. E. Henderson, requesting the 

upgrade and reallotment of his Station 

KLTR(FM) from Channel 297A, 

Caldwell, Texas, to Channel 297C3 at 

Bedias, Texas. The counterproposal was 

dismissed because it was technically 

defective. The withdrawal of the 

petition for reconsideration complies 

with Section 1.420(j) of the 

Commission’s rules because Henderson 

has documented that he has not and 

will not receive any consideration in 

exchange for the withdrawal of his 

petition. See 69 FR 34114 (June 18, 

2004). 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Memorandum 

Opinion and Order to GAO, pursuant to 

the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A) because the petition 

for reconsideration was dismissed). 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–6225 Filed 4–3–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[FCC 06–117] 

National Broadcast Television 

Ownership Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission conforms its rules to 

comply with the Consolidated 

Appropriations Act, 2004 

(Appropriations Act). The 

Appropriations Act, among other things, 

directs the Commission to modify the 

national television ownership limit to 

specify 39 percent as the maximum 

aggregate national audience reach of any 

single television station owner. The 

Appropriations Act also adds a new 

section to the Telecommunications Act 

of 1996, which the Commission now 

implements. 

DATES: Effective May 4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mania Baghdadi, Industry Analysis 

Division, Media Bureau, Federal 

Communications Commission, (202) 

418–2330. Press inquiries should be 

directed to Clyde Ensslin, (202) 418–

0506. 

SUPPLEMENTARY INFORMATION: 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

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). 

Synopsis of Order 

1. On January 22, 2004, President 

Bush signed into law the Consolidated 

Appropriations Act, 2004, H.R. 2673 

(‘‘the Appropriations Act’’).1 Section 


cprice-sewell on PROD1PC61 with RULES
16284 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 

2 47 CFR 73.3555. 

3 47 U.S.C. 202(c)(1). Prior to passage of the 

Appropriations Act, Section 202(c)(1) of the 

Telecommunications Act established a national 

television ownership reach limit of 35 percent, 

which was incorporated in Section 73.3555(e) of the 

Commission’s rules. In the 2002 biennial ownership 

proceeding, the Commission raised the national 

television ownership limit from 35 percent to 45 

percent. 2002 Biennial Regulatory Review, 68 FR 

46286, August 5, 2003 (‘‘2002 Biennial Report and 

Order’’), aff’d in part, remanded in part, 

Prometheus Radio Project v. FCC, 373 F.3d 372 (3rd 

Cir. 2004) (‘‘Prometheus Order’’), cert. denied, 13 

U.S.L.W. 3466 (June 13, 2005). The rule changes 

adopted in the biennial ownership proceeding were 

stayed, however, by the U.S. Court of Appeals for 

the Third Circuit and, except for a partial lifting of 

the stay with respect to the local radio ownership 

rules, remain stayed pending further judicial action. 

Prometheus Radio Project, et al. v. FCC, No. 03–

3388 (Sept. 3, 2003) (order granting stay); 

Prometheus Radio Project v. FCC, No. 03–3388 (3rd 

Cir. Sept. 3, 2004) (order partially lifting stay). 

4 47 U.S.C. 202(c)(3). 

5 In 2003, the Commission’s 2002 Biennial Report 

and Order eliminated the radio-television crossownership rule, formerly found at 47 CFR 

73.3555(c). As a result, the national television 

ownership rule was renumbered from 47 CFR 

73.3555(e)(1) to 47 CFR 73.3555(d)(1). However, the 

rules adopted in the 2002 Biennial Report and 

Order, and published in the CFR, were stayed by 

a court and did not go into effect. However, after 

the stay was applied, the new 39 percent cap was 

promulgated pursuant to the Appropriations Act. 

6The current broadcast attribution rules set forth 

in the notes to Section 73.3555 would continue to 

apply to the national television ownership rule as 

Congress did not indicate any intent that the 

Commission alter them in this proceeding. The 

statute directs the Commission to change the 

audience reach limit to 39 percent and add the new 

divestiture provision. Neither the statute nor the 

legislative history indicate that Congress intended 

that we make any other changes to the national 

television ownership rule in this proceeding. 

7See 5 U.S.C. 553(b)(B) (notice requirements 

inapplicable ‘‘when the agency for good cause finds 

* * * that notice and public procedure thereon are 

impracticable, unnecessary, or contrary to the 

public interest’’); Metzenbaum v. Federal Energy 

Regulatory Commission, 675 F.2d 1282, 1291 (D.C. 

Cir. 1982) (agency orders that were 

nondiscretionary ministerial actions issued in 

conformity with statute were properly issued 

without notice and comment). 

8See 5 U.S.C. 553(d). 

629(1) of the Appropriations Act 

amends section 202(c) of the 

Telecommunications Act of 1996 

(‘‘Telecommunications Act’’) to direct 

the Commission to modify the national 

television ownership limit, contained in 

section 73.3555 of the Commission’s 

rules,2 to specify 39 percent as the 

maximum aggregate national audience 

reach of any single television station 

owner.3 The Appropriations Act also 

adds to the Telecommunications Act a 

new section 202(c)(3), which states: 

(3) DIVESTITURE—A person or entity that 

exceeds the 39 percent national audience 

reach limitation for television stations in 

paragraph (1)(B) through grant, transfer, or 

assignment of an additional license for a 

commercial television broadcast station shall 

have not more than 2 years after exceeding 

such limitation to come into compliance with 

such limitation. This divestiture requirement 

shall not apply to persons or entities that 

exceed the 39 percent national audience 

reach limitation through population growth.4

With this Order, the Commission 

conforms its rules to these provisions. 

Section 73.3555(d) will be redesignated 

as section 73.3555(e), section 

73.3555(e)(1) is revised to reflect the 

changes directed by section 202(c)(1) of 

the Telecommunications Act, as 

amended by the Appropriations Act, 

and a new section 73.3555(e)(3) is 

added to reflect section 202(c)(3).5

These changes are set forth in the rule 

changes section of this summary.6

2. The Commission is revising its 

rules without providing prior public 

notice and an opportunity for comment 

because the rule modifications are 

mandated by the applicable provisions 

of the Appropriations Act and 

Telecommunications Act. The 

Commission finds that notice and 

comment procedures are unnecessary, 

and that this action therefore falls 

within the ‘‘good cause’’ exception of 

the Administrative Procedure Act.7 The 

rule changes adopted in this Order do 

not involve discretionary action on the 

part of the Commission. Rather, they 

simply implement provisions of the 

Appropriations Act, as it amends the 

Telecommunications Act, which directs 

the Commission to revise its rules 

according to specific terms set forth in 

those laws. 

Ordering Clauses 

3. Accordingly, it is ordered that 

pursuant to section 629 of the 

Consolidated Appropriations Act, 2004, 

and section 202(c)(1) of the 

Telecommunications Act of 1996, as 

amended, and sections 4(i) and 303(r) of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303(r), Part 

73 of the Commission’s Rules, 47 CFR 

part 73, is amended. The rule change 

will become effective May 4, 2007.8

4. The Commission will send a copy 

of this 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. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended to read 

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. 

■ 2. Section 73.3555 is amended by 

redesignating paragraphs (d) and (e) as 

paragraphs (e) and (f), add and reserve 

paragraph (d) and revise paragraph 

(e)(1) and add paragraph (e)(3) to read 

as follows: 

* * * * * 

§ 73.3555 Multiple ownership. 

* * * * * 

(e) * * * 

National television multiple 

ownership rule. (1) No license for a 

commercial television broadcast station 

shall be granted, transferred or assigned 

to any party (including all parties under 

common control) if the grant, transfer or 

assignment of such license would result 

in such party or any of its stockholders, 

partners, members, officers or directors 

having a cognizable interest in 

television stations which have an 

aggregate national audience reach 

exceeding thirty-nine (39) percent. 

* * * * * 

(3) Divestiture. A person or entity that 

exceeds the thirty-nine (39) percent 

national audience reach limitation for 

television stations in paragraph (e)(1) of 

this section through grant, transfer, or 

assignment of an additional license for 

a commercial television broadcast 

station shall have not more than 2 years 

after exceeding such limitation to come 

into compliance with such limitation. 

This divestiture requirement shall not 

apply to persons or entities that exceed 

the 39 percent national audience reach 

limitation through population growth. 

* * * * * 

[FR Doc. E7–6162 Filed 4–3–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AV16 

Endangered and Threatened Wildlife 

and Plants; Adding Four Marine Taxa 

to the List of Endangered and 

Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 


cprice-sewell on PROD1PC61 with RULES