1576 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Proposed Rules 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not 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). This action merely 

proposes to approve a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule also does not have 

tribal implications because it will 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). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it proposes 

approval of a state rule implementing a 

Federal Standard. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant regulatory 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), 15 U.S.C. 272, 

requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise impractical. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Absent a prior existing 

requirement for the state to use 

voluntary consensus standards, EPA has 

no authority to disapprove a SIP 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the CAA. Therefore, the 

requirements of section 12(d) of the 

NTTAA do not apply. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 27, 2007. 

Gary Gulezian, 

Acting Regional Administrator, Region 5. 

[FR Doc. E8–186 Filed 1–8–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–5037; MB Docket No. 07–279; RM–

11411] 

Radio Broadcasting Services; Iola, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Charles Crawford (‘‘Petitioner’’) 

proposing the allotment of Channel 

299A at Iola, Texas, as the first FM 

broadcast service at Iola. The proposed 

coordinates are 30–40–42 NL and 96–

09–30 WL with a site restriction of 13.1 

kilometers (8.1 miles) southwest of Iola, 

Texas. 

DATES: Comments must be filed on or 

before February 11, 2008, and reply 

comments on or before February 26, 

2008. 

ADDRESSES: Secretary, 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 his counsel as 

follows: Charles Crawford; 4553 

Bordeaux Ave.; Dallas, Texas 75295; 

and Gene A. Bechtel, Law Office of 

Gene Bechtel; 1050 17th Street, NW., 

Suite 600; Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

07–279, adopted December 19, 2007, 

and released December 21, 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. 

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: 


rwilkins on PROD1PC63 with PROPOSALS-1
Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Proposed Rules 1577 

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 Iola, Channel 299A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E8–204 Filed 1–8–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–5036; MB Docket No. 07–281; RM–

11408] 

Radio Broadcasting Services; Elko, NV 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by L. Topaz Enterprises, Inc., 

requesting the allotment of Channels 

274C3 and 284C3 at Elko, Nevada, as 

the community’s fifth and sixth local 

aural transmission services. Channels 

274C3 and 284C3 can be allotted at 

Elko, Nevada without a site restriction 

at coordinates 40–49–57 NL and 115–

45–44 WL. 

DATES: Comments must be filed on or 

before February 11, 2008, and reply 

comments on or before February 26, 

2008. 

ADDRESS: 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: A. Wray 

Fitch, Esq., Gammon & Grange, PC, 8280 

Greensboro Dr., 7th Floor, McLean, VA 

22102–3807. 

FOR FURTHER INFORMATION CONTACT: 

Victoria McCauley, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

07–281, adopted December 19, 2007, 

and released December 21, 2007. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC’s Reference Information Center at 

Portals II, CY–A257, 445 Twelfth Street, 

SW., Washington, DC 20554. This 

document may also be purchased from 

the Commission’s copy contractor, 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). 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, 336. 

§ 73.202 [Amended] 

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

Allotments under Nevada is amended 

by adding Channels 274C3 and 284C3 at 

Elko. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E8–205 Filed 1–8–08; 8:45 am] 

BILLING CODE 6712–01–P 


rwilkins on PROD1PC63 with PROPOSALS-1