16312 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 152, 156, 167, 168, 169, 

172, and 174 

[EPA–HQ–OPP–2006–1003; FRL–8118–2] 

RIN 2070–AJ32 

Plant-Incorporated Protectants; 

Potential Revisions to Current 

Production Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Advance Notice of Proposed 

Rulemaking (ANPRM). 

SUMMARY: In light of the differences 

between plant-incorporated protectants 

(PIPs) and other types of pesticides, EPA 

is considering amendments to the 

current pesticide establishment and 

production regulations promulgated 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), and to other related FIFRA 

regulations as needed for producers of 

PIPs. PIPs are pesticidal substances that 

are intended to be produced and used 

in a living plant, or the produce thereof, 

and the genetic material necessary for 

the production of such a pesticidal 

substance, and also include any inert 

ingredient contained in the plant, or the 

produce thereof. Given these 

characteristics, it is possible that PIPs 

may not be produced in the manner 

contemplated when the current 

establishment and production 

regulations were promulgated for other 

types of pesticide. In this ANPRM, the 

Agency provides a list of the general 

regulatory provisions applicable to PIPs 

that EPA is considering amending and 

solicits public comment on the 

completeness of the list and the scope 

of any potential changes to these 

regulations. EPA also is soliciting 

information that may be useful to EPA 

as it reviews these regulations and 

developing the proposed rules. In 

addition to soliciting comments through 

this ANPRM, EPA intends to solicit 

stakeholder input through two public 

meetings during the comment period of 

this ANPRM. 

DATES: Comments must be received on 

or before June 13, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2006–1003, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2006–

1003. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Howie, Hazard Assessment 

Coordination and Policy Division 

(7202M), Office of Science Coordination 

and Policy, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460–0001; 

telephone number: (202) 564–4146; fax 

number: (202) 564–8502; e-mail address: 

howie.stephen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use PIPs. In order to identify 

potentially impacted industries the 

analysis relies on North American 

Industrial Classification System 

(NAICS) codes. Potentially affected 

entities may include, but are not limited 

to: 

• Pesticide and Other Agricultural 

Chemical Manufacturing (NAICS code 

325320). This industry comprises 

establishments that are producing PIPs 

intended for distribution and sale as 

pesticides. 

• Crop Production (NAICS code 111). 

These are establishments such as farms, 

orchards, groves, greenhouses, and 

nurseries, primarily engaged in growing 

crops, plants, vines, or trees and their 

seeds. 

• Colleges, Universities, and 

Professional Schools (NAICS code 

611310). This industry comprises 

establishments primarily engaged in 

furnishing academic courses and 

granting degrees at baccalaureate or 

graduate levels. Furthermore, they may 

comprise establishments where research 

on PIPs occurs and where PIPs may be 

grown. 

• Research and Development in the 

Physical, Engineering, and Life Sciences 

(NAICS code 54171). This industry 

comprises establishments primarily 

engaged in conducting research and 

experimental development in the 

physical, engineering, or life sciences, 

such as agriculture, environmental, 


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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 16313 

biology, botany, biotechnology, forests, 

and other allied subjects. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Docket. EPA has established a 

docket for this action under docket ID 

number EPA–HQ–OPP–2006–1003. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What Action is the Agency Taking? 

PIPs are ‘‘pesticidal substances that 

are intended to be produced and used 

in a living plant, or the produce thereof, 

and the genetic material necessary for 

the production of such a pesticidal 

substance. PIPs also include any inert 

ingredient contained in the plant, or the 

produce thereof.’’ (40 CFR 174.3) By 

definition, PIPs are primarily 

distinguished from other types of 

pesticides because they are intended to 

be produced and used in the living 

plant. Other types of pesticides are 

primarily produced in a facility and 

used through physical application, e.g., 

spraying or dusting of the plant. Since 

PIPs were not defined when the existing 

regulations associated with pesticide 

establishments and pesticide production 

were promulgated, the existing 

regulations may not adequately address 

this distinction. 

The Agency is therefore considering 

amending the current FIFRA regulations 

associated with pesticide establishments 

and pesticide production to better 

address PIPs and PIP production given 

the unique characteristics of PIPs 

compared to other types of pesticides. 

EPA is soliciting comments from 

interested stakeholders on the issues 

and questions identified in this 

ANPRM. EPA intends to use this 

information in reviewing these 

regulations and developing its proposed 

rules. 

B. What is the Agency’s Authority for 

Taking this Action? 

EPA has regulatory authority to 

promulgate regulations under FIFRA 

sections 3(a), 8(a), 25(a), and 25(b) (7 

U.S.C. 136a(a), 136f(a), 136w(a), and 

136w(b)). 

PIPs are pesticides under FIFRA 

section 2 because they are introduced 

into plants with the intention of 

‘‘preventing, destroying, repelling, or 

mitigating any pest...’’ (7 U.S.C. 136(u)). 

Under FIFRA section 7, any person 

who manufactures, prepares, 

compounds, propagates, or processes 

any pesticide is a ‘‘producer.’’

‘‘Produce,’’ as further described in in 40 

CFR 167.3, also means to package, 

repackage, label, relabel, or otherwise 

change the container of any pesticide. 

FIFRA section 7 requires that producers 

of pesticides register the establishments 

where production occurs and requires 

that producers report their annual 

production (7 U. S. C. 136e). In 

addition, producers of pesticides are 

required under FIFRA section 8(a) to 

maintain records with respect to their 

operations, and to make such records 

available for inspection (7 U.S.C. 

136f(a)). Under FIFRA section 9 

appropriately credentialed inspectors 

have the authority to conduct 

inspections at pesticide producing 

establishments or other places where 

pesticides are being held for distribution 

or sale for the purpose of inspecting and 

obtaining samples (7 U.S.C. 136g). 

C. Why is the Agency Considering 

Amending the Regulations? 

EPA believes that the existing 

regulations need to be amended to better 

address apparent differences between 

PIPs and other types of pesticides in the 

application of FIFRA’s production and 

production-related requirements. The 

existing regulations were written for 

pesticides that are generally produced 

and used in a more traditional manner, 

e.g., spraying or dusting onto the plants. 

PIPs are produced and used in a living 

plant, which raises questions regarding 

how that ‘‘production’’ should be 

regulated under the existing authorities 

of FIFRA. In general, EPA’s experience 

with PIPs is that they present different 

and potentially lower risk situations 

compared to chemical pesticides. 

However, EPA needs to ensure that 

appropriate PIP production data are 

available to manage any potential risk a 

PIP might pose. 

The United States Government 

published in the Federal Register issue 

of June 26, 1986 (51 FR 23302) a 

document entitled, Coordinated 

Framework for Regulation of 

Biotechnology (‘‘Coordinated 

Framework’’), which describes in broad 

terms the Federal Government’s 

approach to regulating biotechnology 

products. In that document, the Federal 

Government concluded that it could 

appropriately regulate the products of 

biotechnology under existing laws, but 

recognized that, in some cases, new 

regulations might be needed. Consistent 

with the Coordinated Framework, EPA 

regulates PIPs under its pesticide 

authorities. In the Federal Register issue 

of July 19, 2001 (66 FR 37771) (FRL–

6057–7), EPA published a rule that 

established a regulatory framework for 

PIPs. That rule clarified the relationship 

between plants and PIPs under FIFRA, 

exempted from FIFRA requirements 

PIPs derived entirely through 

conventional breeding between sexually 

compatible plants, established a new 

part in the Code of Federal Regulations 

specifically for PIPs (40 CFR part 174), 

provided requirements for reporting of 

adverse effects, and set forth certain 

procedures for CBI. In that Federal 

Register document, EPA also 

anticipated the future need for 

proposing regulations tailored 


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16314 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 

specifically to PIPs so that the 

regulatory framework would better fit 

their unique characteristics (66 FR 

37807). EPA indicated that it would 

continue to apply existing regulations to 

PIPs, except where superseded by the 

regulations in the July 19, 2001 Final 

Rule, until the Agency could develop 

additional regulations specifically 

tailored to PIPs. 

Since the mid-1990s, EPA has 

approved a number of PIP experimental 

use permits (EUPs) under FIFRA section 

5, as well as seed increase and 

commercial use registrations under 

FIFRA section 3. During this time, EPA 

has registered facilities involved in the 

production of PIPs as pesticide 

producing establishments under FIFRA 

section 7. These have included, for 

example, sites of the original 

transformation (where plant tissue was 

transformed by the insertion of PIP 

genetic material) and seed processing 

facilities. 

FIFRA section 7 requires that 

producers of pesticides register the 

establishments where the pesticide is 

produced and report the amount of 

pesticide produced. EPA’s experience to 

date has demonstrated, particularly in 

the area of pesticide production, that the 

existing regulations (e.g., 40 CFR part 

167) may need to be better tailored to 

address PIPs. For example, existing 

regulations require pesticide production 

quantities to be reported in terms of 

volume or weight (gallons or pounds), 

measurements that are not useful when 

considering a pesticidal substance 

produced within a plant. Other 

questions concern the manner in which 

PIPs are increased within a living plant. 

Such increase occurs at many stages 

from product development through use, 

which raises questions concerning 

where pesticide production occurs, and 

what establishments must register and 

report their production. Clarification of 

this matter would help to ensure that 

appropriate persons comply with 

production related requirements, and 

that other persons do not face 

unnecessary regulatory burden. To that 

end, EPA is reviewing the existing 

regulations in 40 CFR chapter I, 

subchapter E and considering potential 

regulatory changes to address the 

apparent differences between PIPs and 

other types of pesticides. 

III. Current Regulations Under Review 

EPA is considering amending the 

following existing regulations related to 

pesticide establishment and production 

to better address PIPs and PIP 

production: 

1. Registration of establishments 

where PIPs are produced (FIFRA section 

7 and 40 CFR 167.20). Current 

regulations require any producer of a 

pesticide to register the ‘‘production’’

site with EPA. The statutory and 

regulatory definitions of ‘‘produce’’

include several activities, including 

manufacturing, preparing, 

compounding, propagating, or 

processing any pesticide or packaging, 

repackaging, labeling, and relabeling the 

container of any pesticide. 

2. Reporting by registered production 

establishments (FIFRA section 7 and 40 

CFR 167.85). Current regulations require 

a producer operating a producing 

establishment to report annually the 

types and amount of each pesticidal 

product that was produced, sold, or 

distributed the previous year and to 

estimate the amount that will be 

produced during the current year. 

3. Recordkeeping and inspection 

authority (FIFRA sections 8 and 9 and 

40 CFR 169.2 and 169.3). EPA’s 

statutory authority under FIFRA section 

8, and the regulations promulgated 

thereunder, require pesticide producers, 

registrants, and applicants for 

registration to maintain certain records 

related to pesticide production (i.e., 

including information regarding the 

production, receipt, and shipment of 

pesticides) and to provide these records 

upon request to appropriately 

credentialed inspectors. FIFRA section 8 

also provides authority for appropriately 

credentialed inspectors to conduct 

inspections to access such information. 

Furthermore, under FIFRA section 9 

appropriately credentialed inspectors 

have the authority to conduct 

inspections at pesticide producing 

establishments or other places where 

pesticides are being held for distribution 

or sale for the purpose of inspecting and 

obtaining samples. 

4. Labeling on PIP containers (FIFRA 

section 2 and 40 CFR 156.10). The 

statute and current regulations provide 

requirements for labeling of pesticides, 

including name of the product, identity 

of the producer, net content, product 

registration number, establishment 

registration number, ingredient 

statement, hazard and precautionary 

statements, directions for use, and use 

classification. Currently, PIPs are 

labeled for FIFRA section 5 EUPs and 

FIFRA section 3 seed increase 

registrations only. 

5. EUPs for field testing of 

unregistered PIPs (FIFRA section 5 and 

40 CFR part 172). FIFRA allows for field 

testing of unregistered pesticides under 

an EUP. Any pesticide production 

activity related to an EUP, either the 

production of a pesticide for use in an 

EUP or by being produced as a result of 

an EUP, is subject to FIFRA production 

establishment and recordkeeping 

requirements. 

6. Production of unregistered PIPs for 

export (FIFRA section 17 and 40 CFR 

168.65–168.85). FIFRA exempts 

pesticides intended solely for export 

from certain FIFRA requirements, 

including product registration 

requirements. Products intended for 

export only are therefore not subject to 

the product safety evaluation required 

of products intended for domestic 

distribution and sale. However, they 

must still comply with the producer 

establishment registration, reporting and 

recordkeeping requirements of FIFRA 

sections 7 and 8 and are subject to 

certain labeling requirements, e.g., their 

label must include the statement: ‘‘Not 

Registered for Use in the United States 

of America.’’

IV. Request for Comments 

EPA is seeking public comment on 

the completeness of the list of current 

regulations that need to be reviewed for 

applicability to PIPs and PIP producers 

(see Unit III.), and is soliciting related 

information to use in reviewing these 

regulations and developing its proposed 

rules. These issues are especially 

challenging for PIPs, since based on 

statutory and regulatory definitions, the 

borders between production and use are 

unclear. EPA is seeking public input to 

help inform decisions on how best to 

ensure appropriate compliance without 

imposing unnecessarily burdensome 

reporting or labeling requirements on 

PIP registrants, producers, distributors, 

and users. 

1. EPA would like comments in 

response to the following questions with 

respect to the regulations referenced in 

Unit III.: 

a. Registration of establishments (Unit 

III.1.). Given that PIPs by definition are 

intended to be produced and used in a 

living plant, what activities should the 

Agency consider to be part of 

‘‘production’’ as that term is defined in 

FIFRA (which includes manufacturing, 

preparing, compounding, propagating, 

or processing any pesticide or 

packaging, repackaging, labeling, and 

relabeling the container), and what 

establishments should be registered to 

help EPA manage any potential risks 

associated with PIPs? What other types 

of facilities, if any (e.g., growers 

involved in seed production), involved 

in the development of PIP-containing 

varieties should be subject to these 

requirements? Please explain the reason 

for your response. 

b. Production reporting (Unit III.2.). 

What production reporting, by whom 

and in what units (e.g., volume, weight, 

number of seeds, etc.) would be 


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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 16315 

appropriate? Should reporting units be 

dependent on the reproductive 

methodology of the crop (e.g., seeds, 

bulbs, or tubers)? Given your response 

to Unit IV.1.a., what types of production 

reporting would provide the Agency 

with information valuable for 

compliance assurance purposes and for 

managing any potential risks associated 

with a violation? 

c. Recordkeeping and inspection (Unit 

III.3.). What establishments or other 

locations are appropriate to be inspected 

for records and samples, and what 

records would be appropriate for 

producers of PIPs to maintain? 

d. Labeling (Unit III.4.). Please 

comment on current labeling practices 

for PIPs. Are current labeling practices 

sufficient? For example, do grower 

agreements offer sufficient information 

and compliance assurance to ensure 

registered PIPs are used in a manner 

that protects human health and the 

environment? Are there circumstances 

where labeling different from that 

currently in practice for PIPs may be 

appropriate? 

e. Experimental use permits (Unit 

III.5.). Are there aspects of production in 

association with PIP EUPs that are 

different from production associated 

with other types of pesticides used in 

EUPs? If there are differences, how 

should they be addressed for PIP EUPs? 

f. Production for export (Unit III.6.). 

What conditions would ensure that a 

PIP is intended for export only, and 

what would be necessary for such a PIP 

to meet the requirements of FIFRA? 

2. Are there other characteristics not 

described in this document unique to 

PIPs that may affect the application of 

the existing regulations associated with 

pesticide establishments and pesticide 

production to PIP producers? 

3. Are there additional sections of 

FIFRA implementing regulations related 

to pesticide establishment and 

production regulations that should be 

modified to more effectively address the 

unique characteristics of PIPs? 

V. Do Any Statutory or Executive Order 

Reviews Apply to this Action? 

Under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993), 

the Office of Management and Budget 

(OMB) has determined that ANPRMs are 

considered ‘‘significant regulatory 

actions’’ under section 3(f) of the 

Executive Order. The Agency therefore 

submitted this document to OMB for the 

10–day review period afforded under 

this Executive order. Any changes made 

in response to OMB comments during 

that review have been documented in 

the docket as required by the Executive 

order. 

Since this ANPRM does not impose or 

propose any requirements, and instead 

seeks comments and suggestions for the 

Agency to consider in possibly 

developing a subsequent proposed rule, 

the various other review requirements 

that apply when an agency imposes 

requirements do not apply to this 

action. 

As part of your comments on this 

ANPRM, you may include any 

comments or information that you have 

regarding this action. In particular, any 

comments or information that would 

help the Agency to assess the potential 

impact of a rule on small entities 

pursuant to the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 601 et seq.); to 

consider voluntary consensus standards 

pursuant to section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note); 

to consider environmental health or 

safety effects on children pursuant to 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997); or 

to consider human health or 

environmental effects on minority or 

low-income populations pursuant to 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). The Agency will 

consider such comments during the 

development of any subsequent notice 

of proposed rulemaking as it takes 

appropriate steps to address any 

applicable requirements. 

List of Subjects in 40 CFR Parts 152, 

156, 167, 168, 169, 172, 174 

Environmental protection, Pesticides 

and pests, Plant-incorporated 

protectants, Reporting and 

recordkeeping requirements. 

Dated: March 22, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–6151 Filed 4–3–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1350; MB Docket No. 04–319; RM–

10984] 

Radio Broadcasting Services; 

Clinchco, VA and Coal Run, KY 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule, denial. 

SUMMARY: This document denies a 

petition for rule making filed by East 

Kentucky Broadcasting Corp. 

(‘‘Petitioner’’) proposing to substitute 

Channel 221C3 for Channel 276A at 

Coal Run and modify the license of 

Station WPKE–FM to reflect the channel 

upgrade. To accommodate the channel 

upgrade, Petitioner proposes to 

substitute Channel 276A for Channel 

221A at Clinchco, Virginia and modify 

the license of Station WDIC–FM to 

reflect the channel substitution. 

However, Petitioner’s proposed site is 

unacceptable due to major terrain 

obstruction that prevents the requisite 

70 dBu signal over the entire 

community of license. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hayne, Media Bureau, (202) 418–

2177. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–319, 

adopted March 16, 2007, and released 

March 20, 2007. The full text of this 

Commission decision is available for 

inspection and copying during regular 

business hours at the FCC’s Reference 

Information Center, Portals II, 445 

Twelfth 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. 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Report and 

Order to the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A) 

because the proposed rule is denied.) 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–6258 Filed 4–3–07; 8:45 am] 

BILLING CODE 6712–01–P 


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