Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7671 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–126; MB Docket No. 05–243; RM–

11363; RM–11364, RM–11365] 

Radio Broadcasting Services; Various 

Locations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division amends 

the FM Table of Allotments by 

substituting Channel 259C for vacant 

Channel 273C at Meeteetse, Wyoming. 

Channel 259C can be allotted to 

Meeteetse, Wyoming in conformity with 

the Commission’s Rules without a site 

restriction at reference coordinates 44–

09–26 NL and 108–52–15WL. 

Additionally, the Audio Division grants 

three counterproposals filed timely in 

this proceeding. See SUPPLEMENTARY

INFORMATION, supra. 

DATES: Effective March 3, 2008. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. 

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, MB Docket No. 05–243, 

adopted January 16, 2008, and released 

January 18, 2008. 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. 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 20554, telephone 1–

800–378–3160 or 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 5 U.S.C. 801(a)(1)(A). 

The first counterproposal filed jointly 

by Millcreek Broadcasting, LLC, 

licensee of Station KUUU(FM), Channel 

223C2, South Jordan, Utah; Simmons 

SLC, LLC, licensee of Station 

KAOX(FM), Channel 297C2, Kemmerer, 

Wyoming; 3 Point Media—Coalville, 

LLC, licensee of Station KCUA(FM), 

Channel 223C3, Naples, Utah; 3 Point 

Media—Delta, LLC, licensee of Station 

KMGR(FM), Channel 240C1, Delta, 

Utah; and College Creek Broadcasting, 

LLC, permittee of Station KADQ–FM, 

Channel 252C2 at Evanston, Wyoming 

and FM Station KRPX, Channel 237C3 

at Wellington, Utah requests the 

substitution of Channel 252C for 

Channel 252C2 at Evanston, Wyoming, 

and modification of the Station KADQFM authorization. The reference 

coordinates for Channel 252C at 

Evanston are 41–14–14 NL and 110–58–

09 WL, located 3.5 kilometers (2.2 

miles) south of Evanston. To 

accommodate the Evanston channel 

substitution, we are substituting 

Channel 237C3 for Channel 252C3 at 

Price, Utah, and modifying the Station 

KARB(FM) license, which in turn 

requires the substitution of Channel 

233C3 for Channel 237C3 at Wellington, 

Utah, and modification of the FM 

Station KRPX authorization. The 

reference coordinates for Channel 237C3 

at Price are 39–36–33 NL and 110–48–

50 WL, located 1.1 kilometers (0.7 

miles) north of Price. The reference 

coordinates for Channel 233C3 at 

Wellington are 39–30–41 NL and 110–

45–54 WL, located 4.3 kilometers (2.7 

miles) southwest of Wellington. In order 

to allot Channel 233C3 at Wellington, 

we are substituting Channel 239C for 

vacant Channel 233C at Salina, Utah, 

which in turn requires the substitution 

of Channel 240C0 for Channel 240C1 at 

Delta, Utah, reallotting Channel 240C0 

from Delta to Randolph, Utah, as its 

second local service, and modifying the 

Station KMGR(FM) license. The 

reference coordinates for Channel 239C 

at Salina are 38–50–58 NL and 112–00–

28 WL, located 17.6 kilometers (11 

miles) southwest of Salina. The 

reference coordinates for Channel 240C0 

at Randolph are 41–56–46 NL and 111–

00–04 WL, located 34.5 kilometers (21.5 

miles) northeast of Randolph. To 

accommodate the Randolph reallotment, 

we are substituting Channel 260C3 for 

Channel 240A at Weston, Idaho, and 

modifying the Station KLZX(FM) 

license. The reference coordinates for 

Channel 260C3 at Weston are 41–52–18 

NL and 111–48–31 WL, located 23.2 

kilometers (14.4 miles) southwest of 

Weston. The Channel 260C3 at Weston 

requires the substitution of Channel 

228C for Channel 260C at Burley, Idaho, 

and modification of Station KZDX(FM)’s 

license to facilitate this change. The 

reference coordinates for Channel 228C 

at Burley are 42–29–33 NL and 113–44–

44 WL, located 6.1 kilometers (3.8 

miles) southwest of Burley. In order to 

allot Channel 228C at Burley, we are 

substituting Channel 230C for Channel 

229C at Pocatello, Idaho, and modifying 

the Station KZBQ(FM) license. The 

reference coordinates for Channel 230C 

at Pocatello are 42–51–57 NL and 112–

30–46 WL, located 5.6 kilometers (3.5 

miles) west of Pocatello. To 

accommodate Channel 260C3 at 

Weston, we are substituting Channel 

261C3 for Channel 261C2 at Soda 

Spring, Idaho, reallotting Channel 

261C3 from Soda Springs, Idaho to 

Wilson, Wyoming, as its first local 

service, and modifying the Station 

KITT(FM)’s license. The reference 

coordinates for Channel 261C3 at 

Wilson are 43–27–40 NL and 110–45–09 

WL, located 10.8 kilometers (6.7 miles) 

southeast of Wilson. In order to 

eliminate the gray area created by the 

Wilson reallotment, we are reallotting 

Channel 297C2 from Kemmerer, 

Wyoming to Shelley, Idaho, as its 

second local service, and modifying the 

Station KAOX(FM) license. The 

reference coordinates for Channel 297C2 

at Shelley are 43–02–00 NL and 111–

55–34 WL, located 41.8 kilometers (26 

miles) south of Shelley. To facilitate the 

Shelley reallotment, we are substituting 

Channel 300C1 for Channel 296C1 at 

Idaho Falls, Idaho, and modifying the 

Station KEQO(FM)’s license and 

substituting Channel 223C1 for Channel 

223C3 at Naples, Utah, reallotting 

Channel 223C1 from Naples, Utah, to 

Diamondville, Wyoming and modifying 

the Station KCUA(FM) license. The 

reference coordinates for Channel 300C1 

at Idaho Falls are 43–46–04 NL and 

111–57–57 WL, located 33.9 kilometers 

(21.1 miles) north of Idaho Falls. The 

reference coordinates for Channel 223C1 

at Diamondville are 41–54–14 NL and 

110–31–06 WL, located 13.9 kilometers 

(8.6 miles) north of Diamondville. In 

order to allot Channel 223C1 to 

Diamondville, we are substituting 

Channel 223A for Channel 223C2 at 

South Jordan, Utah, and modifying the 

Station KUUU(FM) license. The 

reference coordinates of Channel 223A 

at South Jordan are 40–27–11 NL and 

111–56–36 WL, located 12.2 kilometers 

(7.6 miles) south of South Jordan. 

Moreover, we are substituting Channel 

255C2 for Channel 253C2 at Roosevelt, 

Utah, reallotting Channel 255C2 from 

Roosevelt, Utah, to Naples, Utah, to 

prevent removal of Naples’ sole local 

service, and modifying the Station 

KIFX(FM) license. The reference 

coordinates of Channel 255C2 at Naples 

are 40–33–24 NL and 109–38–08 WL, 

located 18.5 kilometers (11.5 miles) 

northwest of Naples. To accommodate 

the Naples reallotment, we are 

substituting Channel 268C3 for vacant 

Channel 255C3 at Fruita, Colorado. The 

reference coordinates for Channel 268C3 

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7672 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

at Fruita are 39–06–52 NL and 108–51–

09 WL. To accommodate the Randolph 

reallotment, we are substituting Channel 

239C3 for Channel 239C1 at Marbleton, 

Wyoming, reallotting Channel 239C3 

from Marbleton, Wyoming, to Ballard, 

Utah, as its first local service, and 

modifying the Station KFMR(FM) 

authorization. The reference coordinates 

for Channel 239C3 at Ballard are 40–27–

04 NL and 109–56–25 WL, located 18 

kilometers (11.2 miles) north of Ballard. 

To prevent removal of potential first 

local service at Marbleton, we are 

allotting Channel 257C1 at Marbleton, 

Wyoming. The reference coordinates of 

Channel 257C1 at Marbleton are 42–19–

28 NL and 110–19–12 WL, located 30.8 

kilometers (19.2 miles) southwest of 

Marbleton. 

The second counterproposal filed 

jointly by Millcreek Broadcasting, LLC, 

licensee of Stations KNJQ(FM), Channel 

286C, Manti, Utah, KUUU(FM), Channel 

223C2, South Jordan, Utah, and 

KUDD(FM), Channel 300C, Roy, Utah; 

Simmon SLC, LS, LLC, licensee of 

Stations KDWY(FM), Channel 287C2, 

Diamondville, Wyoming, KAOX(FM), 

Channel 297C1, Kemmerer, Wyoming, 

and KRAR(FM), Channel 295C, Brigham 

City, Utah; 3 Point Media-Coalville, 

LLC, licensee of Station KCUA(FM), 

Channel 223C3, Naples, Utah; and 

College Creek Broadcasting, LLC, 

permittee of FM Station KHUN, Channel 

296C2, Huntington, Utah, FM Station 

KRID, Channel 243C2, Ashton, Idaho, 

FM Station KKWY, Channel 293C, 

Superior, Wyoming, and Station 

KTYN(FM), Channel 290C1, Thayne, 

Wyoming requests the allotment of 

Channel 285C at Milford, Utah, as its 

first local service and a first aural 

reception service to 197 persons. The 

reference coordinates for Channel 285C 

at Milford are 38–31–11 NL and 113–

17–07 WL. This site is located 27.6 

kilometers (17.2 miles) northwest of 

Milford. To accommodate this vacant 

allotment, we are reallotting Channel 

286C from Manti to American Fork, 

Utah, as the community’s first local 

service, and modifying the Station 

KNJQ(FM) license. The reference 

coordinates for Channel 286C at 

American Fork are 40–39–34 NL and 

112–12–05 WL. This site is located 46.6 

kilometers (28.9 miles) northwest of 

American Fork. This reallotment 

requires the substitution of Channel 

290C for Channel 289C at Centerville, 

Utah and modification of the Station 

KXRV(FM) license. The reference 

coordinates for Channel 290C at 

Centerville are 40–39–34 NL and 112–

12–05 WL. This site is located 40 

kilometers (24.9 miles) southwest of 

Centerville. In order to allot Channel 

290C to Centerville, we are substituting 

Channel 245C2 for Channel 290A at 

Vernal, Utah, and modifying Station 

KLCY–FM’s license and substituting 

Channel 294C for Channel 293C at 

Spanish Fork, Utah, and modifying 

Station KOSY–FM’s license. The 

reference coordinates for Channel 245C2 

at Vernal are 40–32–16 NL and 109–41–

57 WL. This site is located 17.1 

kilometers (10.7 miles) northwest of 

Vernal. The reference coordinates for 

Channel 294C at Spanish Fork are 40–

39–34 NL and 112–12–05 WL. This site 

is located 76.2 kilometers (47.4 miles) 

northwest of Spanish Fork. To 

accommodate the Channel 294C to 

Spanish Fork, we are substituting 

Channel 296C for Channel 295C at 

Brigham City, Utah, reallotting Channel 

296C from Brigham City to Woodruff, 

Utah, as the community’s second local 

service, and modifying the Station 

KRAR(FM) license, which in turns 

requires reallotting Channel 297C2 from 

Kemmerer, Wyoming to Shelley, Idaho, 

as its second local service, and 

modifying the Station KAOX(FM) 

license. The reference coordinates for 

Channel 296C at Woodruff are 40–56–07 

NL and 111–00–03 WL. This site is 

located 66.5 kilometers (41.3 miles) 

south of Woodruff. The reference 

coordinates for Channel 297C2 at 

Shelley are 43–02–00 NL and 111–55–

34 WL, located 41.8 kilometers (26 

miles) south of Shelley. To facilitate the 

Shelley reallotment, we are substituting 

Channel 300C1 for Channel 296C1 at 

Idaho Falls, Idaho, and modifying the 

Station KEQO(FM) license. The 

reference coordinates for Channel 300C1 

at Idaho Falls are 43–46–04 NL and 

111–57–57 WL, located 33.9 kilometers 

(21.1 miles) north of Idaho Falls. In 

order to allot Channel 296C to 

Woodruff, we are substituting Channel 

297C2 for Channel 296C2 at Huntington, 

Utah, and modifying the Station KHUN 

authorization, which in turn requires 

reallotting Channel 298C from Orem to 

Kaysville, Utah, as the community’s first 

local service, and modifying the Station 

KKAT–FM license. The reference 

coordinates for Channel 297C2 at 

Huntington are 39–10–41 NL and 111–

01–22 WL. This site is located 17.3 

kilometers (10.7 miles) south of 

Huntington. The reference coordinates 

for Channel 298C at Kaysville are 40–

39–34 NL and 112–12–05 WL. This site 

is located 47.3 kilometers (29.4 miles) 

southwest of Kaysville. To 

accommodate the Kaysville reallotment, 

we are reallotting Channel 300C from 

Roy to Randolph, Utah, as the 

community’s second local service and 

modifying the Station KUDD(FM) 

license. The reference coordinates for 

Channel 300C at Randolph are 41–04–

48 NL and 111–05–32 WL. This site is 

located 65.5 kilometers (40.7 miles) 

south of Randolph. To accommodate 

Channel 290C at Centerville, we are 

substituting Channel 286C3 for Channel 

290C3 at Thayne, Wyoming, and 

modifying the Station KTYN(FM) 

authorization, which in turn requires 

substituting Channel 243A for vacant 

Channel 286A at Dubois, Idaho. The 

reference coordinates for Channel 286C3 

at Thayne are 43–06–18 NL and 111–

07–17 WL. This site is located 22.7 

kilometers (14.1 miles) northwest of 

Thayne. The reference coordinates for 

Channel 243A at Dubois are 44–15–50 

NL and 112–09–00 WL. This site is 

located 11.6 kilometers (7.2 miles) 

northeast of Dubois. The allotment of 

Channel 286A at Dubois was added to 

the FM Table in MB Docket No. 04–427. 

See 70 FR 37289, published June 29, 

2005. Channel 286A at Dubois was 

inadvertently removed from the FM 

Table of Allotments in MB Docket No. 

05–210. See 72 FR 45813, published 

August 15, 2007. To accommodate the 

Dubois vacant allotment, we are 

substituting Channel 283A for Channel 

243C2 at Ashton, Idaho, and modifying 

the Station KRID authorization. The 

reference coordinates for Channel 283A 

at Ashton are 43–58–32 NL and 111–34–

40 WL. This site is located 14.9 

kilometers (9.3 miles) southwest of 

Ashton. To accommodate Channel 

286C3 at Thayne, we are substituting 

Channel 288C for Channel 287C2 at 

Diamondville, Wyoming, reallotting 

Channel 288C from Diamondville, 

Wyoming to Oakley, Utah, as the 

community’s second local service, and 

modifying the Station KDWY(FM) 

license. The reference coordinates for 

Channel 288C at Oakley are 40–52–16 

NL and 110–59–43 WL. This site is 

located 31 kilometers (19.3 miles) 

northeast of Oakley. To prevent removal 

of Diamondville’s sole local service, we 

are substituting Channel 223C1 for 

Channel 223C3 at Naples, Utah, 

reallotting Channel 223C1 from Naples, 

Utah, to Diamondville, Wyoming and 

modifying the Station KCUA(FM) 

license. The reference coordinates for 

Channel 223C1 at Diamondville are 41–

54–14 NL and 110–31–06 WL, located 

13.9 kilometers (8.6 miles) north of 

Diamondville. To prevent removal of 

Naples’ sole local service, we are 

substituting Channel 255C2 for Channel 

253C2 at Roosevelt, Utah, reallotting 

Channel 255C2 from Roosevelt, to 

Naples, Utah and modifying the Station 

KIFX(FM) license. The reference 

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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7673 

coordinates of Channel 255C2 at Naples 

are 40–33–24 NL and 109–38–08 WL, 

located 18.5 kilometers (11.5 miles) 

northwest of Naples. To accommodate 

the Naples reallotment, we are 

substituting Channel 268C3 for vacant 

Channel 255C3 at Fruita, Colorado. The 

reference coordinates for Channel 268C3 

at Fruita are 39–06–52 NL and 108–51–

09 WL. To accommodate the 

Diamondville reallotment, we are 

substituting Channel 223A for Channel 

223C2 at South Jordan, Utah, and 

modifying the Station KUUU(FM) 

license. The reference coordinates of 

Channel 223A at South Jordan are 40–

27–11 NL and 111–56–36 WL, located 

12.2 kilometers (7.6 miles) south of 

South Jordan. To facilitate Channel 

290C to Centerville, we are substituting 

Channel 292C for Channel 291C at 

Evanston, Wyoming, and modifying the 

Station KBMG(FM) license, which in 

turn requires substituting Channel 

298C1 for Channel 293C1 at Superior, 

Wyoming, and modifying of the Station 

KKWY authorization. The reference 

coordinates for Channel 292C at 

Evanston are 40–52–16 NL and 110–59–

43 WL, located 44.2 kilometers (27.5 

miles) south of Evanston. The reference 

coordinates for Channel 298C1 at 

Superior are 41–25–32 NL and 109–07–

42 WL, located 40.5 kilometers (25.1 

miles) south of Superior. 

The third counterproposal filed 

jointly by Sand Hill Media Corporation, 

licensee of Station KADQ–FM, Channel 

232C2, Rexburg, Idaho and Sandhill 

Media Group, LLC, license of Station 

KUPI–FM, Channel 256C1, Idaho Falls, 

Idaho, requested Channel 262C2 at 

Lima, Montana, as the community first 

local service. However, we allotted 

alternate Channel 265C2 at Lima, 

Montana, as its first local service to 

avoid the ultimate permittee of this 

vacant allotment to reimburse Brigham 

Young University for its reasonable 

expenses associated with changing 

Station KBYI’s frequency to Channel 

232C1 at Rexburg. The reference 

coordinates for Channel 265C2 at Lima 

are 44–42–58 NL and 112–40–40 WL. 

This site is located 11.2 kilometers (6.9 

miles) northwest of Lima. Additionally, 

we substituted Channel 232C1 for 

Channel 263C1 at Rexburg, Idaho and 

modifying the Station KBYI license to 

accommodate the substitution of 

Channel 263C1 for Channel 256C1 at 

Idaho Falls, Idaho and modification of 

the FM Station KUPI license. The 

reference coordinates for Channel 232C1 

at Rexburg are 43–45–44 NL and 111–

57–30 WL. The site is located 15.4 

kilometers (9.6 miles) southwest of 

Rexburg. The reference coordinates for 

Channel 263C1 at Idaho Falls are 43–

21–06 NL and 12–00–22 WL. The site is 

located 13 kilometers (8.1 miles) south 

of Idaho Falls. Moreover, to facilitate the 

Channel 232C1 substitution at Rexburg, 

we substituted Channel 233C0 for 

Channel 233C at Logan, Utah, and 

modified the Station KVFX(FM) license 

and substituted Channel 256C2 for 

Channel 232C2 at Rexburg, Idaho and 

modified the Station KSNA(FM) license. 

The reference coordinates for Channel 

233C0 at Logan are 41–53–50 NL and 

111–57–39 WL. The site is located 20.8 

kilometers (12.9 miles) northwest of 

Logan. The reference coordinates for 

Channel 256C2 at Rexburg are 43–45–20 

NL and 111–57–56 WL. The site is 

located 16.2 kilometers (10.1 miles) 

southwest of Rexburg. 

The Media Bureau’s Consolidated 

Data Base System will reflect the 

following FM Channel as the reserved 

assignment for the listed stations, 

respectively: Channel 252C in lieu of 

Channel 252C2 at Evanston, Wyoming 

for Station KADQ–FM; Channel 237C3 

in lieu of Channel 252C3 at Price, Utah 

for Station KARB(FM); Channel 233C3 

in lieu of Channel 237C3 at Wellington, 

Utah for FM Station KRPX; Channel 

240C0 at Randolph, Utah in lieu of 

Channel 240C1 at Delta, Utah for Station 

KMGR(FM); Channel 260C3 in lieu of 

Channel 240A at Weston, Idaho for 

Station KLZX(FM); Channel 228C in 

lieu of Channel 260C at Burley, Idaho 

for Station KZDX(FM); Channel 230C in 

lieu of Channel 229C at Pocatello, Idaho 

for Station KZBQ(FM); Channel 261C3 

at Wilson, Wyoming in lieu of Channel 

261C2 at Soda Spring, Idaho for Station 

KITT(FM); Channel 297C2 at Shelley, 

Idaho in lieu of Kemmerer, Wyoming for 

Station KAOX(FM); Channel 300C1 in 

lieu of Channel 296C1 at Idaho Falls for 

Station KEQO(FM); Channel 223C1 at 

Diamondville, Wyoming in lieu of 

Channel 223C3 at Naples, Utah for 

Station KCUA(FM); Channel 223A in 

lieu of Channel 223C2 at South Jordan, 

Utah for Station KUUU(FM); Channel 

255C2 at Naples in lieu of Channel 

253C2 at Roosevelt, Utah for Station 

KIFX(FM); Channel 239C3 at Ballard, 

Utah in lieu of Channel 239C1 at 

Marbleton, Wyoming for Station 

KFMR(FM); Channel 286C at American 

Fork, Utah in lieu of Manti, Utah for 

Station KNJQ(FM); Channel 290C in lieu 

of Channel 289C at Centerville, Utah for 

Station KXRV(FM); Channel 245C2 in 

lieu of Channel 290A at Vernal, Utah for 

Station KLCY–FM; Channel 294C in lieu 

of Channel 293C at Spanish Fork, Utah 

for Station KOSY–FM; Channel 296C at 

Woodruff, Utah in lieu of Channel 295C 

at Brigham City, Utah for Station 

KRAR(FM); Channel 297C2 in lieu of 

Channel 296C2 at Huntington, Utah for 

Station KHUN; Channel 298C at 

Kaysville, Utah in lieu of Orem, Utah for 

Station KKAT–FM; Channel 300C at 

Randolph, Utah in lieu of Roy, Utah for 

Station KUDD(FM); Channel 286C3 in 

lieu of Channel 290C3 at Thayne, 

Wyoming for Station KTYN(FM); 

Channel 283A in lieu of Channel 243C2 

at Ashton, Idaho for Station KRID; 

Channel 288C at Oakley, Utah in lieu of 

Channel 287C2 at Diamondville, 

Wyoming for Station KDWY(FM); 

Channel 292C in lieu of Channel 291C 

at Evanston, Wyoming for Station 

KBMG(FM); Channel 298C1 in lieu of 

Channel 293C1 at Superior, Wyoming 

for Station KKWY; Channel 232C1 in 

lieu of Channel 263C1 at Rexburg, Idaho 

for Station KBYI license; Channel 263C1 

in lieu of Channel 256C1 at Idaho Falls, 

Idaho for Station KUPI–FM license; 

Channel 256C2 in lieu of Channel 

232C2 at Rexburg, Idaho for Station 

KSNA(FM) license; and Channel 233C0 

in lieu of Channel 233C at Logan, Utah 

for Station KVFX(FM). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

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 Colorado, is amended 

by removing Channel 255C3 and adding 

Channel 268C3 at Fruita. 

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

Allotments under Idaho, is amended by 

adding Dubois, Channel 243A. 

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

Allotments under Montana, is amended 

by adding Lima, Channel 265C2. 

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

Allotments under Utah is amended by 

adding Milford, Channel 285C; and 

removing Channel 233C and adding 

Channel 239C at Salina. 

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

Allotments under Wyoming, is amended 

by adding Marbleton, Channel 257C1 

and removing Channel 273C and adding 

Channel 259C at Meeteetse. 

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7674 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E8–2458 Filed 2–8–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 080117051–8123–02] 

RIN 0648–XF17 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; extension of 

temporary area and gear restrictions. 

SUMMARY: The Assistant Administrator 

for Fisheries (AA), NOAA, announces 

temporary restrictions consistent with 

the requirements of the Atlantic Large 

Whale Take Reduction Plan’s 

(ALWTRP) implementing regulations. 

These regulations will continue to apply 

to lobster trap/pot and anchored gillnet 

fishermen in an area totaling 

approximately 1,767 nm2 (6,061 km2), 

northeast of Boston, MA, for an 

additional 15 days. The purpose of this 

action is to provide protection to an 

aggregation of northern right whales 

(right whales). 

DATES: The area and gear restrictions 

were initially effective 0001 hours 

January 26, 2008, through 2400 hours 

February 9, 2008. This notice extends 

the restricted period from 0001 hours 

February 10, 2008, through 2400 hours 

February 24, 2008. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). The ALWTRP, 

implemented through regulations 

codified at 50 CFR 229.32, relies on a 

combination of fishing gear 

modifications and time/area closures to 

reduce the risk of whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

areas north of 40° N. lat. to protect right 

whales. Under the DAM program, 

NMFS may: (1) require the removal of 

all lobster trap/pot and anchored gillnet 

fishing gear for a 15–day period; (2) 

allow lobster trap/pot and anchored 

gillnet fishing within a DAM zone with 

gear modifications determined by NMFS 

to sufficiently reduce the risk of 

entanglement; and/or (3) issue an alert 

to fishermen requesting the voluntary 

removal of all lobster trap/pot and 

anchored gillnet gear for a 15–day 

period and asking fishermen not to set 

any additional gear in the DAM zone 

during the 15–day period. 

A DAM zone is triggered when NMFS 

receives a reliable report from a 

qualified individual of three or more 

right whales sighted within an area (75 

nm2 (257 km2)) such that right whale 

density is equal to or greater than 0.04 

right whales per nm2 (3.43 km2). A 

qualified individual is an individual 

ascertained by NMFS to be reasonably 

able, through training or experience, to 

identify a right whale. Such individuals 

include, but are not limited to, NMFS 

staff, U.S. Coast Guard and Navy 

personnel trained in whale 

identification, scientific research survey 

personnel, whale watch operators and 

naturalists, and mariners trained in 

whale species identification through 

disentanglement training or some other 

training program deemed adequate by 

NMFS. A reliable report would be a 

credible right whale sighting. 

On January 13, 2008, an aerial survey 

reported two aggregations of right 

whales, totaling seven individuals: four 

whales in the proximity of 42° 37′ N. 

latitude and 70° 01′ W. longitude, and 

three whales in the proximity of 42° 51′ 

N. latitude and 70° 04′ W. longitude. 

These positions lie northeast of Boston, 

Massachusetts, and southeast of 

Portsmouth, New Hampshire, 

respectively. After conducting an 

investigation, NMFS ascertained that 

the report came from a qualified 

individual and determined that the 

report was reliable. Thus, NMFS has 

received a reliable report from a 

qualified individual of the requisite 

right whale density to trigger the DAM 

provisions of the ALWTRP. 

Once a DAM zone is triggered, NMFS 

determines whether to impose 

restrictions on fishing and/or fishing 

gear in the zone. This determination is 

based on the following factors, 

including but not limited to: the 

location of the DAM zone with respect 

to other fishery closure areas, weather 

conditions as they relate to the safety of 

human life at sea, the type and amount 

of gear already present in the area, and 

a review of recent right whale 

entanglement and mortality data. 

NMFS reviewed the options and 

factors noted above and on January 24, 

2008, published a temporary rule in the 

Federal Register (73 FR 4118) to 

announce the establishment of a DAM 

zone with restrictions on anchored 

gillnet and lobster trap gear for a 15–day 

period. On February 4, 2008, a 

subsequent survey conducted over the 

DAM zone indicated that four whales 

were still present in the area northeast 

of Boston, MA, and the DAM zone 

trigger of 0.04 right whales per square 

nm (3.43 km2) continues to be met in 

this portion of the original DAM zone. 

Therefore, in order to further protect the 

right whales in this DAM zone, 

pursuant to 50 CFR 229.32(g)(3)(v), 

NMFS is exercising its authority to 

extend the restrictions on lobster trap 

and anchored gillnet gear for an 

additional 15 day period. 

The extended DAM Zone is bound by 

the following coordinates: 

mstockstill on PROD1PC66 with RULES