21846 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2013–0109; A–1–FRL– 

9800–1] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Connecticut; 111(d)/129 

Revised State Plan for Large and Small 

Municipal Waste Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the Clean 

Air Act 111(d)/129 State Plan revisions 

for Large and Small Municipal Waste 

Combustors (MWC) submitted by the 

Connecticut Department of Energy and 

Environmental Protection (DEEP) on 

October 22, 2008. The revised Plan is in 

response to amended emission 

guidelines (EGs) and new source 

performance standards (NSPS) for Large 

MWCs promulgated on May 10, 2006. 

Connecticut DEEP’s State Plan is for 

implementing and enforcing provisions 

at least as protective as the EGs 

applicable to existing Large and Small 

MWC units pursuant to 40 CFR part 60, 

Subparts Cb and BBBB, respectively. 

DATES: This direct final rule will be 

effective June 11, 2013, unless EPA 

receives adverse comments by May 13, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2013–0109 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: mcdonnell.ida@epa.gov 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2013–0109,’’ 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxic, & Indoor 

Programs Unit, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida McDonnell, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Permits, 

Toxic, & Indoor Programs Unit, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2013– 

0109. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site 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 email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public 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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 

electronically in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the Bureau of 

Air Management, Department of Energy 

and Environmental Protection, State 

Office Building, 79 Elm Street, Hartford, 

CT 06106–1630. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Bird, Air Permits, Toxic, & 

Indoor Programs Unit, Air Programs 

Branch, Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

Region 1, 5 Post Office Square, Mail 

Code: OEP05–2, Boston, MA, 02109– 

0287. The telephone number is (617) 

918–1287. Mr. Bird can also be reached 

via electronic mail at 

bird.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. What is a state plan? 

II. Why does EPA need to approve state 

plans? 

III. Why does EPA regulate air emissions 

from MWCs? 

IV. What history does Connecticut DEEP 

have with MWC State Plans? 

V. Why did Connecticut DEEP revise the 

MWC State Plan? 

VI. What revisions have been made to the 

State Plan? 

A. Applicability 

B. Emission Limits 

C. Testing 

D. Monitoring 

E. Recordkeeping 

F. Compliance 

VII. Why is EPA approving Connecticut 

DEEP’s revised State Plan? 

VIII. Final Action 

IX. Statutory and Executive Order Reviews 

I. What is a State Plan? 

Section 111(d) of the Clean Air Act 

(CAA) requires pollutants controlled 

under new source performance 

standards (NSPS) also be controlled at 

existing sources in the same source 

category. Once an NSPS is issued, EPA 

then publishes emission guidelines 

(EGs) applicable to the control of the 

same pollutant for existing (designated) 

facilities. States with designated 

facilities must develop a state plan to 

adopt the EGs into their body of 

regulations. States must also include in 

their State Plans other elements, such as 

legal authority, inventories, and public 

participation documentation to 

demonstrate their ability to enforce the 

State Plans. 

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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 21847 

II. Why does EPA need to approve state 

plans? 

Under section 129 of the CAA, EGs 

are not federally enforceable. Section 

129(b)(2) of the CAA requires states to 

submit state plans to EPA for approval. 

Each state must show that its state plan 

will carry out and enforce the EGs. State 

Plans must be at least as protective as 

the EGs and will become federally 

enforceable upon EPA’s approval. The 

procedures for adopting and submitting 

state plans are in 40 CFR part 60, 

Subpart B. 

III. Why does EPA regulate air 

emissions from MWCs? 

When burned, municipal solid wastes 

emit various air pollutants, including 

hydrochloric acid, dioxin/furan, toxic 

metals (lead, cadmium, and mercury) 

and particulate matter. Mercury is 

highly hazardous and is of particular 

concern because it persists in the 

environment and bioaccumulates 

through the food web. Serious human 

health effects, primarily to the nervous 

system, have been associated with 

exposures to mercury. Harmful effects 

in wildlife have also been reported; 

these include nervous system damage 

and behavioral and reproductive 

deficits. Human and wildlife exposure 

to mercury occur mainly through eating 

of fish. When inhaled, mercury vapor 

attacks the lung tissue and is a 

cumulative poison. Short-term exposure 

to mercury in certain forms can cause 

hallucinations and impair 

consciousness. Long-term exposure to 

mercury in certain forms can affect the 

central nervous system and cause 

kidney damage. 

Exposure to particulate matter can 

aggravate existing respiratory and 

cardiovascular disease and increase risk 

of premature death. Hydrochloric acid is 

a clear colorless gas. Chronic exposure 

to hydrochloric acid has been reported 

to cause gastritis, chronic bronchitis, 

dermatitis, and photosensitization. 

Acute exposure to high levels of 

chlorine in humans may result in chest 

pain, vomiting, toxic pneumonitis, 

pulmonary edema, and death. At lower 

levels, chlorine is a potent irritant to the 

eyes, the upper respiratory tract, and 

lungs. 

Exposure to dioxin and furan can 

cause skin disorders, cancer, and 

reproductive effects such as 

endometriosis. These pollutants can 

also affect the immune system. 

IV. What history does Connecticut 

DEEP have with MWC state plans? 

On May 15, 2000, the Connecticut 

Department of Energy and 

Environmental Protection (DEEP), 

formally known as the Connecticut 

Department of Environmental 

Protection, submitted a section 111(d)/ 

129 State Plan for implementing and 

enforcing EGs and NSPS for existing 

and new Large Municipal Waste 

Combustors (MWCs) pursuant to 40 CFR 

part 60, subpart Cb and Eb, respectively. 

While Subpart Cb and Eb applies only 

to Large MWCs capable of combusting 

greater than 250 tons of municipal solid 

waste (MSW) per day, Connecticut 

DEEP’s State Plan and the Plan’s 

enforceable mechanism, the Regulations 

of Connecticut State Agencies section 

22a–174–38 (Section 38), applies to all 

MWC units within the State of 

Connecticut, regardless of combusting 

capacity. EPA approved this plan on 

April 21, 2000 (65 FR 21354). 

Connecticut DEEP made four 

revisions to the Plan since it was 

originally approved. The first revision 

was submitted on November 28, 2000, 

and the second was submitted on 

October 15, 2001. These revisions 

involved changes to Section 38, 

including revisions to nitrogen oxides 

(NOX) limits and related regulatory 

provisions in the State’s ozone SIP to 

further reduce NOX emissions from 

MWCs. Changes made in the first and 

second revisions were approved by EPA 

on December 6, 2001 (66 FR 63311). 

On September 16, 2004, Connecticut 

DEEP submitted its third revision to the 

Plan. The third revision was in response 

to EPA’s December 6, 2000 

promulgation of NSPS and EGs for new 

and existing Small MWCs (40 CFR part 

60, subpart AAAA and BBBB, 

respectively). Small MWCs are defined 

as MWCs capable of combusting 

between 35 and 250 tons of MSW per 

day. Certain monitoring, recordkeeping, 

and administrative requirements were 

added to Section 38 pursuant to the 

requirements of Subpart AAAA and 

BBBB. EPA approved this revised Plan 

on February 25, 2005 (70 FR 9226). 

V. Why did Connecticut DEEP revise 

the MWC state plan? 

Section 129(a)(5) of the CAA requires 

EPA to conduct a 5-year review of NSPS 

and EGs for solid waste incinerators and 

amend standards and requirements as 

appropriate. Accordingly, EPA 

promulgated amended standards and 

requirements for Large MWCs on May 

10, 2006 (71 FR 27324). This rulemaking 

included revised limits for dioxin/furan 

(only for units equipped with 

electrostatic precipitators), mercury, 

cadmium, lead, particulate matter, and 

nitrogen oxides (for some types of 

units). It also contained revisions to the 

compliance testing provisions to require 

increased data availability from 

continuous emissions monitoring 

systems (CEMS). CEMS are required to 

generate at least ninety-five percent 

(95%) data availability on a calendar 

year basis and at least ninety percent 

(90%) data availability on a calendar 

quarter basis. The compliance testing 

provisions have also been revised to 

allow the optional use of CEMS to 

monitor particulate matter and mercury. 

Other revisions include: 

• Operator stand-in provisions to 

clarify how long a shift supervisor is 

allowed to be off site when a 

provisionally certified control room 

operator is standing in; 

• An eight-hour block average for 

measuring activated carbon injection 

rate; 

• A provision for waiver of operating 

parameter limits during the mercury 

performance test and for two weeks 

preceding the test, as is already allowed 

for dioxin testing; 

• A revision to relative accuracy 

criterion for sulfur dioxide and carbon 

monoxide CEMS; 

• Flexibility to the annual 

compliance testing schedule so that a 

facility tests once per calendar year, but 

no less than nine months and no more 

than 15 months since the previous test; 

• Allowing use of parametric 

monitoring limits from an exceptionally 

well-operated MWC unit to be applied 

to all identical units at the same plant 

site without retesting for dioxin; 

• The option of monitoring the 

activated carbon injection pressure or 

equivalent parameter; and 

• Clarifying the exclusion of 

monitoring data from compliance 

calculations. 

In response, Connecticut DEEP 

revised Section 38 a fourth time and 

submitted the revised State Plan to EPA 

on October 22, 2008. The submittal only 

addresses those portions of the State 

Plan that have been updated since 

EPA’s April 21, 2000, December 6, 2001, 

and February 25, 2005 approvals. EPA 

is taking action on the October 22, 2008 

State Plan revision in today’s Federal 

Register. 

VI. What revisions have been made to 

the state plan? 

In previous versions of Connecticut 

DEEP’s State Plan for Large and Small 

MWCs, the Plan and its enforceable 

mechanism applied to existing and new 

source MWCs. Connecticut DEEP 

included the two sets of requirements 

cognizant that a state plan only requires 

a state to develop an enforceable 

mechanism for existing sources. NSPS 

are independently applicable and 

federally enforceable, and therefore 

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21848 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 

requirements for new units subject to 

the NSPS are not required in a state 

plan. The revised State Plan submitted 

to EPA on October 22, 2008 eliminates 

requirements for new MWCs within the 

State of Connecticut. The title of the 

Plan is changed accordingly, 

eliminating reference to NSPS. 

Connecticut DEEP made several 

revisions to the enforceable mechanism 

(Section 38) of the State Plan. Revisions 

serve the primary purpose of amending 

the regulation in accordance with EPA’s 

2006 5-year amendments to Large MWC 

EGs (71 FR 27324). Connecticut DEEP 

has also made revisions outside the 

scope of EPA’s 2006 revised MWC rule. 

The following subsections summarize 

the changes made to Section 38. 

A. Applicability 

Requirements for new MWCs are 

eliminated from Section 38 because 

NSPS requirements are independently 

applicable and federally enforceable, 

and therefore redundant in a state 

regulation. Applicability requirements 

and a definition concerning co-fired 

combustors are eliminated from Section 

38 because no existing co-fired 

combustors operate within Connecticut 

DEEP’s jurisdiction. Revised NOX

emission limits in Section 38 are more 

stringent than NOX limits in RCSA 

section 22a–174–22, a state regulation to 

control NOX emissions. Connecticut 

DEEP is eliminating units subject to 

Section 38 from the applicability of 

RCSA section 22a–174–22 because of 

the more stringent NOX emission limits 

in Section 38. 

B. Emission Limits 

The emission limits for particulate 

matter, cadmium, and lead are reduced 

consistent with EPA’s May 2006 EGs for 

Large MWCs. Emission limits for NOX

and mercury were reduced beyond the 

limits set in EPA’s May 2006 EGs for 

Large MWCs. The more stringent NOX

and mercury limits are also being 

submitted for approval in the revised 

State Plan. 

C. Testing 

Section 38’s annual performance test 

schedule is revised consistent with 

EPA’s May 2006 EGs for Large MWCs to 

allow annual performance tests to occur 

no less than nine and no more than 15 

months following the previous 

performance test. Initial performance 

test requirements are removed from 

Section 38 because they are not 

applicable to existing MWCs. 

D. Monitoring 

Relative accuracy criteria are added 

for sulfur dioxide and carbon monoxide, 

and operational indicator requirements 

are added to carbon injection systems 

used to control dioxin/furan or mercury. 

Revisions to monitoring requirements 

are consistent with EPA’s May 2006 EGs 

for Large MWCs. 

E. Recordkeeping 

New provisions (subdivision (12) and 

(13) of subsection (k)) are added to 

Section 38 requiring more stringent 

recordkeeping requirements for MWC 

owners. These new requirements are 

beyond the scope of EPA’s Large and 

Small MWC recordkeeping 

requirements, and Connecticut DEEP 

did not submit these provisions for 

approval into the Plan. 

F. Compliance 

Outdated compliance schedules are 

eliminated from Section 38. 

VII. Why is EPA approving Connecticut 

DEEP’s revised State plan? 

EPA has evaluated the MWC State 

Plan submitted by Connecticut DEEP for 

consistency with the Act, EPA 

guidelines and policy. EPA has 

determined that Connecticut DEEP’s 

State Plan meets all requirements and, 

therefore, EPA is approving Connecticut 

DEEP’s Plan to implement and enforce 

the EGs, as it applies to existing Large 

and Small MWCs. 

EPA’s approval of Connecticut’s State 

Plan is based on our findings that: 

(1) Connecticut DEEP provided 

adequate public notice of public 

hearings for the proposed rule-making 

that allows Connecticut to carry out and 

enforce provisions that are at least as 

protective as the EGs for Large and 

Small MWCs, and 

(2) Connecticut DEEP demonstrated 

legal authority to adopt emission 

standards and compliance schedules 

applicable to the designated facilities; 

enforce applicable laws, regulations, 

standards and compliance schedules; 

seek injunctive relief; obtain 

information necessary to determine 

compliance; require record keeping; 

conduct inspections and tests; require 

the use of monitors; require emission 

reports of owners and operators; and 

make emission data publicly available. 

VIII. Final Action 

EPA is approving Connecticut DEEP’s 

revised State Plan for existing Large and 

Small MWCs. EPA is publishing this 

action without prior proposal because 

the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the State Plan should relevant 

adverse comments be filed. This rule 

will be effective June 11, 2013 without 

further notice unless the Agency 

receives relevant adverse comments by 

May 13, 2013. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on June 11, 2013 and no further action 

will be taken on the proposed rule. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

IX. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

State Plan submittal that complies with 

the provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 21849 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

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

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 11, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Waste treatment and disposal. 

Dated: March 27, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Title 40 Part 62 of the Code of Federal 

Regulations is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart H—Connecticut 

■ 2. Section 62.1500 is amended by 

adding paragraph (b)(4) to read as 

follows: 

§ 62.1500 Identification of Plan. 

* * * * * 

(b) * * * 

(4) Revised State Plan for Large and 

Small Municipal Waste Combustors was 

submitted on October 22, 2008. 

Revisions included amendments to 

Regulations of Connecticut State 

Agencies section 22a-174–38 (Section 

38) in response to amended emission 

guidelines for Large MWCs (40 CFR part 

60, subpart Cb) published on May 10, 

2006 (71 FR 27324). Certain new 

provisions of Section 38 (subdivision 

(12) and (13) of subsection (k)) were 

revised in the state regulation, but not 

submitted for approval in the State Plan. 

* * * * * 

[FR Doc. 2013–08648 Filed 4–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 13–72; RM–11694, DA 13– 

448] 

Television Broadcasting Services; Ely, 

NV to Middletown Township, NJ 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission has been 

notified by PMCM TV, LLC (‘‘PMCM’’), 

the licensee of KNVN(TV), channel 3, 

Ely, Nevada, that it wished to the 

reallocate channel 3 from Ely, Nevada to 

Middletown, New Jersey, pursuant to 

section 331(a) of the Communications 

Act of 1934, as amended. While the 

Commission denied PMCM’s 

Reallocation Request, PMCM appealed 

the decision to the United States Court 

of Appeals for the District of Columbia, 

which subsequently reversed the 

Commission’s denial and remanded the 

Commission to approve PMCM’s 

Reallocation Request. Therefore, 

channel 2 is allocated at Middletown, 

New Jersey as requested, as it complies 

with the principle community coverage 

and technical requirements set forth in 

the Commission’s rules. 

DATES: This rule is effective April 12, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 13–72, 

adopted March 15, 2013, and released 

March 18, 2013. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW., Washington, 

DC 20554. This document will also be 

available via ECFS (http:// 

fjallfoss.fcc.gov/ecfs/). This document 

may 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– 

800–478–3160 or via the company’s 

Web site, http://www.bcpiweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an email to fcc504@fcc.gov 

or call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (tty). 

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