70742 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

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.) 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant and it is not based on 

environmental health or safety risks. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action as defined in 

Executive Order 12866. 

9. National Technology Transfer 

Advancement Act 

EPA approves State programs as long 

as they meet criteria required by RCRA, 

so it would be inconsistent with 

applicable law for EPA, in its review of 

a State program, to require the use of 

any particular voluntary consensus 

standard in place of another standard 

that meets requirements of RCRA. 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 to this rule. 

10. Executive Order 12988 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this 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. 

11. Executive Order 12630: Evaluation 

of Risk and Avoidance of Unanticipated 

Takings 

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. 

12. Congressional Review Act 

EPA will submit a report containing 

this rule and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) To the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication 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). 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: November 9, 2005. 

Margaret M. Guerriero, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–23214 Filed 11–22–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2932; MB Docket No. 04–328; RM–

11046, RM–11235] 

Radio Broadcasting Services; 

Americus and Oglethorpe, GA 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of petition for 

reconsideration. 

SUMMARY: This document denies a 

Petition for Reconsideration filed by 

Southern Broadcasting Companies and 

Radio Georgia, Inc. directed at the 

Report and Order in this proceeding, 

which allotted Channel 295A at 

Americus, Georgia. See 70 FR 41630, 

published July 20, 2005. With this 

action, the proceeding is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 04–328, adopted November 

4, 2005, and released November 7, 2005. 

The full text of this decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center at Portals 

II, 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 20054, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will not send a copy of this 

Memorandum Opinion and Order 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A), because 

the aforementioned Petition for 

Reconsideration was denied. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–22844 Filed 11–22–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2901, MM Docket No. 01–107, RM–

10057] 

Radio Broadcasting Services; Hemlock 

and Mount Pleasant, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of petition for 

reconsideration. 

SUMMARY: The staff denied a petition for 

reconsideration filed by MacDonald 

Broadcasting Company of a decision in 

this proceeding, reallotting and 

changing the community of license for 

Station WCEN–FM, Channel 233C1, 

from Mount Pleasant, MI, to Hemlock 

MI. The staff determined that the 

reconsideration petition did not 

demonstrate any errors of fact or law. 

Specifically, because Hemlock is not 

located inside the Saginaw, MI, 

Urbanized Area and because the station 

will not place a city-grade signal over 50 

percent or more of that Urbanized Area, 

a Tuck showing was not required to 

demonstrate that Hemlock is sufficiently 

independent of the Saginaw Urbanized 

Area to warrant a first local service 

preference. See 66 FR 55598 (November 

2, 2001). 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MM 

Docket No. 01–107, adopted November 

2, 2005, and released November 4, 2005. 

The full text of this Commission 

decision 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 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70743 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. This document is 

not subject to the Congressional Review 

Act. (The Commission, is, therefore, not 

required to submit a copy of this Report 

and Order to GAO, pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A) because the petition for 

reconsideration was denied.) 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–22836 Filed 11–22–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2935; MB Docket No. 02–123, RM–

10445] 

Radio Broadcasting Services; 

Terrebonne, OR 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Hunt Broadcasting, Inc., allots 

Channel 293C2 at Terrebonne, Oregon, 

as the community’s first local FM 

service. Channel 293C2 can be allotted 

to Terrebonne, Oregon, in compliance 

with the Commission’s minimum 

distance separation requirements with a 

site restriction of 19.8 km (12.3 miles) 

southeast of Terrebonne. The 

coordinates for Channel 293C2 at 

Terrebonne, Oregon, are 44–14–50 

North Latitude and 120–58–39 West 

Longitude. 

DATES: Effective December 22, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 02–123, 

adopted November 4, 2005, and released 

November 7, 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–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating 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. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ Part 73 of title 47 of the Code of 

Federal Regulations is amended 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 Texas, is amended by 

adding Terrebonne, Channel 293C2. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–22986 Filed 11–22–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2940] 

Radio Broadcasting Services; Various 

Locations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission, on its own 

motion, editorially amends the Table of 

FM Allotments to specify the actual 

classes of channels allotted to various 

communities. The changes in channel 

classifications have been authorized in 

response to applications filed by 

licensees and permittees operating on 

these channels. This action is taken 

pursuant to Revision of Section 

73.3573(a)(1) of the Commission’s Rules 

Concerning the Lower Classification of 

an FM Allotment, 4 FCC Rcd 2413 

(1989), and Amendment of the 

Commission’s Rules to permit FM 

Channel and Class Modifications by 

Applications, 8 FCC Rcd 4735 (1993). 

DATES: Effective December 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, adopted November 9, 2005, 

and released November 10, 2005. The 

full text of this Commission decision is 

available for inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

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

CY–A257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20054, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will not send a copy of the Report & 

Order in this proceeding pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the adopted rules 

are rules of particular applicability. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ Part 73 of title 47 of the Code of 

Federal Regulations is amended as 

follows: 

PART 73—RADIO BROADCASTING 

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 Alabama, is amended 

by removing Channel 238C3 and adding 

Channel 238C2 at Thomasville. 

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

Allotments under Arkansas, is amended 

by removing Channel 244A and adding 

Channel 244C3 at Ozark. 

■ 4. Section 73.202(b), the Table of FM 

Allotments under Colorado, is amended 

by removing Channel 297A and adding 

Channel 297C1 at Las Animas. 

■ 5. Section 73.202(b), the Table of FM 

Allotments under Florida, is amended 

by removing Channel 228A and adding 

Channel 228C3 at Belle Glade. 

■ 6. Section 73.202(b), the Table of FM 

Allotments under Idaho, is amended by 

removing Channel 221A and adding 

Channel 221C3 at St. Maries; and 

removing Channel 222C2 and adding 

Channel 222C3 at Victor. 

■ 7. Section 73.202(b), the Table of FM 

Allotments under Iowa, is amended by 

removing Channel 279C and adding 

Channel 279C0 at Glenwood. 

■ 8. Section 73.202(b), the Table of FM 

Allotments under Kansas, is amended 

by removing Channel 228A and adding 

Channel 228C1 at Burdett; removing