Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51375 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 27, 2008. 

Susan Parker Bodine, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

■ 40 CFR part 300 is amended as 

follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by adding the following 

sites in alphabetical order to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Notes a

* * * * * * * 

AZ ........ Iron King Mine—Humboldt Smelter ......................................................................... Dewey-Humboldt. 

* * * * * * * 

CO ....... Nelson Tunnel/Commodore Waste Rock ................................................................ Creede. 

* * * * * * * 

FL ........ Flash Cleaners ........................................................................................................ Pompano Beach. 

* * * * * * * 

NC ....... Aberdeen Contaminated Ground Water .................................................................. Aberdeen. 

* * * * * * * 

OH ....... East Troy Contaminated Aquifer ............................................................................. Troy. 

* * * * * * * 

TX ........ Old Esco Manufacturing .......................................................................................... Greenville. 

* * * * * * * 

aA = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score need not be ≥ 28.50). 

C = Sites on Construction Completion list. 

S = State top priority (HRS score need not be ≥ 28.50) 

P = Sites with partial deletion(s). 

* * * * * 

[FR Doc. E8–20390 Filed 9–2–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 27, and 74 

[WT Docket Nos. 08–166, 08–167; FCC 08– 

188] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission imposes a freeze on the 

filing of new license applications that 

seek to operate on any 700 MHz Band 

frequencies (698–806 MHz) after the end 

of the DTV transition, February 17, 2009 

as well as on granting any request for 

equipment authorization of low power 

auxiliary station devices that would 

operate in any of the 700 MHz Band 

frequencies. The Commission also holds 

in abeyance, until the conclusion of this 

proceeding, any pending license 

applications and equipment 

authorization requests that involve 

operation of low power auxiliary 

devices on frequencies in the 700 MHz 

Band after the end of the DTV 

transition. 

DATES: The effective date of the 

abeyance and the freezes is August 21, 

2008. 

FOR FURTHER INFORMATION CONTACT: Bill 

Stafford, Spectrum and Competition 

Policy Division, Wireless 

Telecommunications Bureau at (202) 

418–0563 or Bill.Stafford@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s interim 

rules noted in the Notice of Proposed 

Rulemaking and Order in WT Docket 

Nos. 08–166 and 08–167, FCC 08–188, 

adopted August 15, 2008, and released 

on August 21, 2008. This summary 

should be read with its companion 

document, the notice of proposed 

rulemaking summary published 

elsewhere in this issue of the Federal 

Register. The full text of the Notice of 

Proposed Rulemaking and Order is 

available for public inspection and 

copying during business hours in the 

FCC Reference Information Center, 

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

CY–A257, Washington, DC 20554. It 

also may be purchased from the 

Commission’s duplicating contractor at 

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

CY–B402, Washington, DC 20554; the 

contractor’s Web site, http:// 

www.bcpiweb.com; or by calling (800) 

378–3160, facsimile (202) 488–5563, or 

e-mail FCC@BCPIWEB.com. Copies of 

the public notice also may be obtained 

via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket numbers, WT 

Docket No. 08–166 and WT Docket No. 

08–167. Additionally, the complete item 

is available on the Federal 

Communications Commission’s Web 

site at http://www.fcc.gov. 


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51376 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

1See 47 CFR 1.1200(a), 1.1206. 

2See Commission Emphasizes the Public’s 

Responsibilities in Permit-But-Disclose 

Proceedings, Public Notice, 15 FCC Rcd 19945 

(2000). 

3See 47 CFR 1.1206(b)(2). Other rules pertaining 

to oral and written presentations are also set forth 

in section 1.1206(b). See 47 CFR 1.1206(b). 

4See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Pub. L. 104–121, Title II, 110 Stat. 857 

(1996). 

5Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band, WT Docket No. 08–166, Public Interest 

Spectrum Coalition, Petition for Rulemaking 

Regarding Low Power Auxiliary Stations, Including 

Wireless Microphones, and the Digital Television 

Transition, WT Docket No. 08–167. 

6See 5 U.S.C. 603(a). 

7 Id. 

Synopsis of the Order Section of the 

Notice of Proposed Rulemaking and 

Order Introduction 

The Digital Television Transition and 

Public Safety Act of 2005 (DTV Act) set 

a firm deadline for the end of the digital 

television (DTV) transition of February 

17, 2009, at which time the spectrum in 

the 698–806 MHz Band (700 MHz 

Band), currently occupied by television 

broadcasters in TV Channels 52–69, will 

be fully available for public safety as 

well as commercial wireless services. As 

the Commission has recognized, it is 

incumbent on the Commission to take 

all steps necessary to make this 

spectrum effectively available both to 

public safety and commercial licensees 

at the end of the DTV transition. 

1. In the Order below, the 

Commission imposes a freeze, effective 

August 21, 2008, on the filing of new 

license applications that seek to operate 

on any 700 MHz Band frequencies (698– 

806 MHz) after the end of the DTV 

transition, February 17, 2009. In 

addition, the Commission imposes a 

freeze, effective August 21, 2008, on 

granting any request for equipment 

authorization of low power auxiliary 

station devices that would operate in 

any of the 700 MHz Band frequencies. 

The Commission also holds in 

abeyance, beginning August 21, 2008 

until the conclusion of this proceeding, 

any pending license applications and 

equipment authorization requests that 

involve operation of low power 

auxiliary devices on frequencies in the 

700 MHz Band after the end of the DTV 

transition. 

Order 

2. In light of the Commission’s 

tentative conclusion not to permit the 

operation of low power auxiliary 

stations on 700 MHz Band frequencies 

(698–806 MHz) following the end of the 

DTV transition, the Commission also 

finds that continuing to accept new 

license applications for low power 

auxiliary station licenses that involve 

the operation of such stations on this 

spectrum after February 17, 2009 would 

impair the objectives that the 

Commission is proposing in this 

proceeding. In addition, the 

Commission imposes a freeze on 

granting any request for equipment 

authorizations of low power auxiliary 

station devices that would operate in 

any of the 700 MHz Band frequencies. 

Accordingly, the Commission hereby 

suspends acceptance of license 

applications and equipment 

authorizations for low power auxiliary 

stations that seek to operate on 700 MHz 

Band frequencies after February 17, 

2009. This suspension is effective 

immediately and until further notice 

and applies to applications received on 

or after August 21, 2008. Any 

applications received on or after this 

date will be returned as unacceptable 

for filing. The Commission takes this 

action to permit orderly and effective 

resolution of issues in this proceeding. 

3. In addition, the Commission will 

not process such pending license 

applications and equipment 

authorization requests if they would 

involve operation in the 700 MHz Band 

after the end of the DTV transition. 

Pending applications and equipment 

authorization requests will be held in 

abeyance until the conclusion of this 

proceeding, whereupon the Commission 

will determine, in accordance with such 

new rules as are adopted, whether to 

process or return any such pending 

applications and equipment 

authorization requests. The Commission 

notes that entities with pending 

applications and equipment 

authorization requests to operate in the 

spectrum that would include the 700 

MHz Band are free to modify their 

applications and requests to exclude 

operation in this band, and these 

applications and requests could then 

proceed with being processed. 

Procedural Matters 

1. Ex Parte Requirements 

This proceeding has been designated 

as a ‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules.1 Parties making oral ex 

parte presentations in this proceeding 

are reminded that memoranda 

summarizing the presentation must 

contain the presentation’s substance and 

not merely list the subjects discussed.2

More than a one- or two-sentence 

description of the views and arguments 

presented is generally required.3

2. Initial Paperwork Reduction Act of 

1995 Analysis 

4. This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified ‘‘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). 

3. Initial Regulatory Flexibility Analysis 

5. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),4 the Federal Communications 

Commission (Commission) has prepared 

an Initial Regulatory Flexibility 

Analysis (IRFA) of the possible 

significant economic impact on a 

substantial number of small entities by 

the policies and rules considered in the 

Notice of Proposed Rulemaking and 

Order (NPRM), WT Docket No. 08–166 

and WT Docket No. 08–167.5 (This IRFA 

can also be found in its entirety in the 

companion summary document noted 

previously in this supplementary 

information section.) Written public 

comments are requested on this IRFA. 

Comments must be identified as 

responses to the IRFA and must be filed 

by the deadlines for comments on the 

NPRM provided on page one of the 

NPRM. The Commission will send a 

copy of the NPRM, including the IRFA, 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA).6

In addition, the NPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register.7

Ordering Clauses 

6. Accordingly, it is ordered, pursuant 

to sections 1, 2, 4(i), 4(j), 301, 302, 303, 

304, 307, 308, 309, 316, 332, 336, and 

337 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 301, 302a, 303, 304, 307, 308, 

309, 316, 332, 336, and 337 that this 

notice of proposed rulemaking and 

order in WT Docket No. 08–166 and WT 

Docket No. 08–167 is hereby adopted. 

7. It is further ordered that, pursuant 

to 5 U.S.C. 553(b)(A), (B), (d), and 

sections 4(i), 4(j) and 303(r) of the 

Communications Act, as amended, 47 

U.S.C. 154(i), 154(j), and 303(r), the 

acceptance of applications for low 

power auxiliary stations that seek to 

operate on 698–806 MHz after February 

17, 2009, is suspended, effective August 

21, 2008. 

8. It is further ordered that, pursuant 

to 5 U.S.C. 553(b)(A), (B), (d), and 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51377 

sections 4(i), 4(j) and 303(r) of the 

Communications Act, as amended, 47 

U.S.C. 154(i), 154(j), and 303(r), pending 

applications for low power auxiliary 

stations that seek to operate on 

frequencies 698–806 MHz after February 

17, 2009, will not be processed, and will 

be held in abeyance until the conclusion 

of this proceeding initiated by this 

notice of proposed rulemaking and 

order. 

9. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this notice of proposed rulemaking and 

order, including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E8–20501 Filed 9–2–08; 8:45 am] 

BILLING CODE 6712–01–P 


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