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. 


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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16285 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are adding 

four marine taxa to the List of 

Endangered and Threatened Wildlife 

(List) in accordance with the 

Endangered Species Act of 1973, as 

amended. These amendments are based 

on previously published determinations 

by the National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Department of Commerce, which has 

jurisdiction for these species. These four 

taxa are the Southern Distinct 

Population Segment (DPS) of green 

sturgeon (Acipenser medirostris), 

staghorn (Acropora cervicornis) and 

elkhorn (Acropora palmata) corals, and 

the Southern Resident killer whale DPS 

(Orcinus orca). 

DATES: This rule is effective April 4, 

2007. 

Applicability dates: The Southern 

DPS of the North American green 

sturgeon (Acipenser medirostris) listing 

is applicable as of June 6, 2006. The 

elkhorn coral (Acropora palmata) and 

staghorn coral (Acropora cervicornis) 

listing is applicable as of June 8, 2006. 

The Southern Resident killer whale DPS 

(Orcinus orca) listing is applicable as of 

February 16, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Branch of Listing, Endangered Species 

Program, U.S. Fish and Wildlife Service, 

4401 N. Fairfax Drive, Mail Stop 420, 

Arlington, Virginia 22203 (703–358–

2105). 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the Act and the 

Reorganization Plan No. 4 of 1970, 

NMFS has jurisdiction over these taxa. 

Under section 4(a)(2) of the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531 et seq.), NMFS must decide 

whether a species under its jurisdiction 

should be classified as endangered or 

threatened. The Service is responsible 

for the actual amendment of the List in 

50 CFR 17.11(h). 

On April 6, 2005, NMFS published a 

proposed rule (70 FR 17386) to list the 

Southern DPS of the North American 

green sturgeon (Acipenser medirostris) 

as threatened. During the public 

comment period for that proposed rule, 

NMFS received 32 comments. On April 

7, 2006, NMFS published a final rule to 

list the Southern DPS of the North 

American green sturgeon as threatened 

(71 FR 17757). The listing was effective 

as of June 6, 2006. In that final rule, 

NMFS addressed all public comments 

received in response to the proposed 

rule. 

On May 9, 2005, NMFS published a 

proposed rule (70 FR 24359) to list the 

elkhorn coral (Acropora palmata) and 

staghorn coral (Acropora cervicornis) as 

threatened. During the public comment 

period for that proposed rule, NMFS 

received 1,393 comments. On May 9, 

2006, NMFS published a final rule to 

list the elkhorn and staghorn corals as 

threatened (71 FR 26852). The listing 

was effective as of June 8, 2006. In that 

final rule, NMFS addressed all public 

comments received in response to the 

proposed rule. 

On December 22, 2004, NMFS 

published a proposed rule (69 FR 

76673) to list the Southern Resident 

killer whale DPS (Orcinus orca) as 

threatened. During the public comment 

period for that proposed rule, NMFS 

received 1,326 comments. On November 

18, 2005, NMFS published a final rule 

to list the Southern Resident killer 

whale DPS as threatened (70 FR 69903). 

The listing was effective as of February 

16, 2006. In that final rule, NMFS 

addressed all public comments received 

in response to the proposed rule. 

Because NMFS provided a public 

comment period on the proposed rules 

for these taxa, and because this action 

of the Service to amend the List in 

accordance with the determination by 

NMFS is nondiscretionary, the Service 

finds good cause that the notice and 

public comment procedures of 5 U.S.C. 

553(b) are unnecessary for this action. 

We also find good cause under 5 U.S.C. 

553(d)(3) to make this rule effective 

immediately. The NMFS rules extended 

protection under the Act to these 

species and listed them in 50 CFR part 

224; this rule is an administrative action 

to add the species to the List of 

Endangered and Threatened Species in 

50 CFR 17.11(h). The public would not 

be served by delaying the effective date 

of this rulemaking action. 

For more information concerning 

these two listing determinations, please 

consult the respective rules published 

in the Federal Register. 

Required Determinations 

National Environmental Policy Act 

The Service has determined that an 

Environmental Assessment, as defined 

under the authority of the National 

Environmental Policy Act of 1969, need 

not be prepared in connection with 

regulations adopted pursuant to section 

4(a) of the Act. A notice outlining the 

Service’s reasons for this determination 

was published in the Federal Register 

on October 25, 1983 (48 FR 49244). 

Paperwork Reduction Act 

The Service has examined this 

regulation under the Paperwork 

Reduction Act of 1995 and found it to 

contain no information collection 

requirements. We may not conduct or 

sponsor, and you are not required to 

respond to, a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, part 17, subchapter B of 

chapter I, title 50 of the Code of Federal 

Regulations, is amended as set forth 

below: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500, unless otherwise noted. 

■ 2. Amend § 17.11(h) by: 

■ a. Adding the subheading ‘‘CORALS’’

at the end of the table; and 

■ b. Adding the following entries, in 

alphabetical order under MAMMALS, 

FISHES, and CORALS, respectively, to 

the List of Endangered and Threatened 

Wildlife: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 


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16286 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 

Species Historic 

range 

Vertebrate population where endangered or threatened 

Status When 

listed 

Critical 

habitat 

Special 

rules Common name Scientific name 

MAMMALS 

* * * * * * * 

Whale, killer ............. Orcinus orca ........... Pacific Ocean ......... Southern Resident 

DPS, which consists of whales 

from the J, K, and 

L pods, wherever 

they are found in 

the wild.

E 756 NA NA 

* * * * * * * 

FISHES 

* * * * * * * 

Sturgeon, North 

America green.

Acipenser 

medirostris.

U.S.A. (CA) ............. U.S.A. (CA) Southern Distinct Population Segment, 

which includes all 

spawning populations south of 

the Eel River (exclusive), principally including 

the Sacramento 

River spawning 

population.

T 756 NA NA 

* * * * * * * 

CORALS 

Coral, elkhorn .......... Acropora palmata ... U.S.A. (FL, PR, VI, 

Navassa); and 

wider CaribbeanBelize, Colombia, 

Costa Rica, Guatemala, Honduras, 

Mexico, Nicaragua, Panama, 

Venezuela, and 

all the islands of 

the West Indies.

N/A .......................... T 756 NA NA 

Coral, staghorn ........ Acropora cervicornis U.S.A. (FL, PR, VI, 

Navassa); and 

wider CaribbeanBelize, Colombia, 

Costa Rica, Guatemala, Honduras, 

Mexico, Nicaragua, Panama, 

Venezuela, and 

all the islands of 

the West Indies.

N/A .......................... T 756 NA NA 

Dated: March 23, 2007. 

Kenneth Stansell, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E7–6188 Filed 4–3–07; 8:45 am] 

BILLING CODE 4310–55–P 


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