Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules 26331 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

The basis for this determination is our 

decision is on a State regulatory 

program and does not involve a Federal 

regulation involving Indian lands. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

Considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the 

analysis performed under various laws 

and executive orders for the counterpart 

Federal regulations. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the analysis performed under various 

laws and executive orders for the 

counterpart Federal regulations. 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: March 22, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. E7–8868 Filed 5–8–07; 8:45 am] 

BILLING CODE 4310–05–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1854; MB Docket No. 07–78; RM–

11366] 

Radio Broadcasting Services; 

Christine, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rule making 

filed by Katherine Pyeatt (‘‘Petitioner’’) 

proposing the allotment of Channel 

245C3 at Christine, Texas, as a first local 

service. The proposed coordinates are 

28–40–00 NL and 98–30–15 WL with a 

site restriction of 13.6 km (8.4 miles) 

south of city reference. 

DATES: Comments must be filed on or 

before June 18, 2007, and reply 

comments on or before July 3, 2007. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

Petitioner and her counsel, as follows: 

Katherine Pyeatt, 6655 Aintree Circle, 

Dallas, Texas, 75214 and Gene A. 

Bechtel, Esquire, Law Office of Gene 

Bechtel, 1050 17th Street, NW., Suite 

600, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Helen McLean, Media Bureau, (202) 

418–2738. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

07–78, adopted April 25, 2007, and 

released April 27, 2007. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the 

Commission’s Reference Information 

Center, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or www.BCPIWEB.com. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed 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). 


rmajette on PROD1PC67 with PROPOSALS
26332 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Proposed Rules 

The Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contact. 

For information regarding proper 

filing procedures for comments, see 47 

CFR Sections 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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, 336. 

§ 73.202 [Amended] 

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

Allotments under Texas, is amended by 

adding Christine, Channel 245C3. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–8903 Filed 5–8–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1849; MB Docket No. 07–79; RM–

11362] 

Radio Broadcasting Services; 

Dinosaur, CO 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rule making 

filed by Cumulus Licensing LLC 

(‘‘Petitioner’’) proposing the allotment 

of Channel 262C0 at Dinosaur, 

Colorado. The proposed coordinates are 

40–03–26 NL and 108–39–46 WL with 

a site restriction of 36.4 km (22.6 miles) 

southeast of city reference. 

DATES: Comments must be filed on or 

before June 18, 2007, and reply 

comments on or before July 3, 2007. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

Petitioner’s counsel, as follows: Mark N. 

Lipp, Esquire, Wiley Rein & Fielding 

LLP, 1776 K Street, NW., Washington, 

DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Helen McLean, Media Bureau, (202) 

418–2738. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

07–79, adopted April 25, 2007, and 

released April 27, 2007. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the 

Commission’s Reference Information 

Center, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

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 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed 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. 

Section 3506(c)(4). Provisions of the 

Regulatory Flexibility Act of 1980 do 

not apply to this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR Section 1.1204(b) for rules 

governing permissible ex parte contact. 

For information regarding proper 

filing procedures for comments, see 47 

CFR Sections 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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 Colorado, is amended 

by adding Dinosaur, Channel 262C0. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–8907 Filed 5–8–07; 8:45 am] 

BILLING CODE 6712–01–P 


rmajette on PROD1PC67 with PROPOSALS