Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Proposed Rules 66329 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This proposed rule also 

does not have a substantial direct effect 

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, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to affect the status of a 

geographical area, does not impose any 

new requirements on sources, or allow 

the state to avoid adopting or 

implementing other requirements, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Redesignation is an 

action that affects the status of a 

geographical area and does not impose 

any new requirements on sources. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this proposed rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. 

This rule proposing to approve the 

redesignation of the Fredericksburg area 

to attainment for the 8-hour ozone 

NAAQS, the associated maintenance 

plan, and the MVEBs identified in the 

maintenance plan, does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen oxides, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Air pollution control, National Parks, 

Wilderness areas. 

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

Dated: October 27, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. 05–21835 Filed 11–1–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2693; MB Docket No. 05–282; RM–

11229] 

Radio Broadcasting Services; Aragon, 

GA; Chattanooga and Lynchburg, TN; 

and Rockmart, GA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Audio Division requests comment 

on a petition filed by Woman’s World 

Broadcasting, Inc., pursuant to section 

1.420(i) of the Commission’s rules, 47 

CFR 1.420(i). Petitioner proposes to 

change the community of license for 

Station WTSH–FM from Rockmart to 

Aragon, Georgia, to upgrade the 

authorization for Station WTSH–FM to 

Class C1, and to change the FM Table 

of Allotments by deleting Channel 

296C2 at Rockmart, Georgia, and by 

adding Channel 296C1 at Aragon, 

Georgia, as the community’s first local 

aural broadcast service. The proposed 

coordinates for Channel 296C1 at 

Aragon, Georgia, are 34–22–02 NL and 

84–58–33 WL. The allotment will 

require a site restriction of 36.4 km (22.6 

miles) north of Aragon. In order to 

accommodate the allotment of Channel 

296C1 at Aragon, the petitioner further 

requests the substitution of Channel 

230A for Channel 293A at Lynchburg, 

Tennessee. The proposed reference 

coordinates for Channel 230A at 

Lynchburg, Tennessee, are 35–21–58 NL 

and 86–17–18 WL, with a site restriction 

of 12.1 km (7.5 miles) northeast of 

Lynchburg. 

DATES: Comments must be filed on or 

before December 5, 2005, and reply 

comments on or before December 20, 

2005. 

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the petitioner as follows: 

Gary S. Smithwick, Esq., Smithwick & 

Belendiuk, P.C., 5028 Wisconsin 

Avenue, NW., Suite 301, Washington, 

DC 20016. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

05–282, adopted October 12, 2005, and 

released October 14, 2005. The full text 

of this Commission document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC. The complete text of 

this decision may also be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC, 20554, (800) 378–3160, 

or via the company’s Web site, 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. 

3506(c)(4). 

The 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 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

66330 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Proposed Rules 

For information regarding proper 

filing procedures for comments, see 47 

CFR 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 Georgia, is amended 

by removing Rockmart, Channel 296C2, 

and by adding Aragon, Channel 296C1. 

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

Allotments under Tennessee, is 

amended by removing Channel 293C 

and adding Channel 293C0 at 

Chattanooga and by removing Channel 

296A and adding Channel 230A at 

Lynchburg. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–21558 Filed 11–1–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2718; MB Docket No. 05–292; RM–

11281] 

Radio Broadcasting Services; 

Churchville and Keswick, VA and 

Marlinton, WV 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rule making 

filed by Force 5 Communications, LLC) 

(Petitioner’’), licensee of Station 

WBOP(FM) (‘‘WBOP’’), Channel 292B1, 

Churchville, Virginia. Petitioner 

requests that the Commission allot 

Channel 292A to Marlinton, West 

Virginia. It also proposes to reallot 

Channel 292B1 from Churchville to 

Keswick, Virginia, substitute Channel 

291A for Channel 292B1 at Keswick, 

and modify Station WBOP’s license 

accordingly. The coordinates for 

Channel 292A at Marlinton, West 

Virginia are 38–13–24 NL and 80–05–41 

WL. The coordinates for Channel 291A 

at Keswick, Virginia, are 38–01–48 NL 

and 78–22–55 WL, with a site restriction 

of 2.1 kilometers (1.3 miles) northwest 

of Keswick. 

DATES: Comments must be filed on or 

before December 8, 2005, and reply 

comments on or before December 23, 

2005. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Room TW–A325, 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve 

Petitioner’s counsel, as follows: David 

G. O’Neil, Esq., Rini Coran, P.C.; 1501 

M Street, NW., Suite 1150; Washington, 

DC 20005. 

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

05–292, adopted October 12, 2005 and 

released October 17, 2005. The full text 

of this Commission decision is available 

for inspection and copying during 

regular business hours in the FCC’s 

Reference Information Center at Portals 

II, 445 12th Street, SW., CY–A257, 

Washington, DC, 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., Portals II, 

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. 

3506 (C)(4). 

The 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 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, See 47 

CFR 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 Virginia, is amended 

by removing Churchville, Channel 

292B1 and by adding Keswick, Channel 

291A. 

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

Allotments under West Virginia, is 

amended by adding Marlinton, Channel 

292A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–21557 Filed 11–1–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2694; MM Docket No. 01–188, RM–

10203] 

Radio Broadcasting Services; Evant, 

TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: The Audio Division, at the 

request of Charles Crawford, the 

proponent of a petition for rule making 

to allot Channel 243A at Evant, Texas, 

66 FR 44588 (August 24, 2001), 

dismisses the petition for rule making 

and terminates the proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 01–188, 

adopted October 12, 2005, and released 

October 14, 2005. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–257, Washington, DC 20554. 

The complete text of this decision also