22166 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Proposed Rules 

51.165. If we finalize this action as 

proposed, our action will incorporate 

these certifications into the federally 

enforceable SIP and be codified through 

revisions to 40 CFR 52.220 

(Identification of plan—in part). 

We will accept comments from the 

public on this proposal until May 16, 

2022. 

V. Incorporation by Reference 

In this proposed rule, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the 

certifications listed in Table 1 of this 

preamble. The EPA has made, and will 

continue to make, these materials 

available electronically through https:// 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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); 

• 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 the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 7, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–07919 Filed 4–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–146; RM–11925; DA 22– 

367; FRS 81585] 

Television Broadcasting Services 

Memphis, Tennessee 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Federal Communications 

Commission (Commission) has before it 

a petition for rulemaking filed by Gray 

Television Licensee, LLC (Petitioner), 

the licensee of WMC–TV, channel 5, 

Memphis, Tennessee. The Petitioner 

requests the substitution of channel 30 

for channel 5 at Memphis in the Table 

of Allotments. 

DATES: Comments must be filed on or 

before May 16, 2022 and reply 

comments on or before May 31, 2022. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

Joan Stewart, Esq., Wiley Rein LLP, 

2050 M Street NW, Washington, DC 

20036. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: In 

support, the Petitioner states the 

proposed channel substitution serves 

the public interest because it will 

resolve significant over-the-air reception 

problems in WMC–TV’s existing service 

area. The Petitioner further states that 

the Commission has recognized the 

deleterious effects manmade noise has 

on the reception of digital VHF signals, 

and that the propagation characteristics 

of these channels allow undesired 

signals and noise to be receivable at 

relatively farther distances compared to 

UHF channels, and nearby electrical 

devices can cause interference. 

According to the Petitioner, an analysis 

using the Commission’s TVStudy 

software tool indicates that WMC–TV’s 

move from channel 5 to channel 30 is 

predicted to create an area where 4,072 

persons are predicted to lose service. 

The loss area, however, is partially 

overlapped by the noise limited 

contours of other NBC affiliated stations 

and most viewers will continue to 

receive service from five or more 

stations. As a result, Petitioner asserts 

that only 64 persons would no longer 

receive NBC network programming, or 

service from five or more full power 

television services. In practice, Gray 

expects that few if any persons who are 

currently able to receive WMC–TV’s 

over-the-air signal on channel 5 would 

no longer be able to receive WMC–TV’s 

over-the-air signal as a result of the 

transition to channel 30. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 22–146; 

RM–11925; DA 22–367, adopted April 

5, 2022, and released April 5, 2022. The 

full text of this document is available for 

download at https://www.fcc.gov/edocs. 

To request materials in accessible 

formats (braille, large print, computer 

diskettes, or audio recordings), please 

send an email to FCC504@fcc.gov or call 

the Consumer & Government Affairs 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Proposed Rules 22167 

Bureau at (202) 418–0530 (VOICE), (202) 

418–0432 (TTY). 

This document does not contain 

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). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a notice of proposed 

rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in § 1.1204(a) of the 

Commission’s rules, 47 CFR 1.1204(a). 

See §§ 1.415 and 1.420 of the 

Commission’s rules for information 

regarding the proper filing procedures 

for comments, 47 CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Proposed Rule 

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, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

Allotments under Tennessee by revising 

the entry for Memphis to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

Tennessee 

* * * * * 

Memphis ......................... 13, 23, 25, 28, *29, 30, 

31, 33 

* * * * * 

[FR Doc. 2022–07959 Filed 4–13–22; 8:45 am] 

BILLING CODE 6712–01–P 


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