5860 Federal Register / Vol. 68, No. 24 / Wednesday, February 5, 2003 / Proposed Rules

Distribution, or Use. We have DEPARTMENT OF DEFENSE Interior and State of Florida (from determined that it is not a ‘‘significant whom concurrence on the final rule is energy action’’ under that order because Department of the Army, Corps of required by statute) and other Federal it is not a ‘‘significant regulatory action’’ Engineers agencies who will likely participate in under Executive Order 12866 and is not the interagency review of the rule under likely to have a significant adverse effect 33 CFR Part 385 Executive Order 12866 will be in on the supply, distribution, or use of RIN 0710–AA49 attendance to listen to stakeholder energy. It has not been designated by the views. The meeting will be facilitated by Administrator of the Office of Programmatic Regulations for the the Council on Environmental Quality. Information and Regulatory Affairs as a Comprehensive Everglades Authority: Section 601, Public Law 106– significant energy action. Therefore, it Restoration Plan 541, 114 Stat. 2680; 10 U.S.C. 3013(g)(3); 33 does not require a Statement of Energy U.S.C. 1 and 701; and 5 U.S.C. 301. AGENCY: Army Corps of Engineers, DOD. Effects under Executive Order 13211. Dated: January 31, 2003. ACTION: Notice of public meeting. Environment George S. Dunlop, We considered the environmental SUMMARY: The Council on Deputy Assistant Secretary of the Army, impact of this proposed rule and Environmental Quality will host a Department of the Army. concluded that, under figure 2–1, public meeting for stakeholders to [FR Doc. 03–2776 Filed 2–4–03; 8:45 am] paragraph (32)(e), of Commandant clarify and respond to comments filed BILLING CODE 3710–92–P Instruction M16475.1d, this proposed on the proposed rule to establish rule is categorically excluded from programmatic regulations for the further environmental documentation Comprehensive Everglades Restoration FEDERAL COMMUNICATIONS because promulgation of drawbridge Plan. Congress approved the COMMISSION regulations have been found not to have Comprehensive Everglades Restoration a significant effect on the environment. Plan in section 601 of the Water 47 CFR Part 73 A written ‘‘Categorical Exclusion Resources Development Act of 2000, Public Law 106–541, 114 Stat. 2680, [DA 03–154; MB Docket No. 03–12, RM– Determination’’ is not required for this 10627; MB Docket No. 03–13, RM–10628; rule. which was enacted into law on and MB Docket No. 03–14, RM–10629] December 11, 2000. The Act requires the List of Subjects in 33 CFR Part 117 Secretary of the Army to promulgate Radio Broadcasting Services: Bridges. programmatic regulations, with the Johnston City and Marion, Illinois; concurrence of the Secretary of the Fredericksburg and Mason, Texas; Regulations Interior and the Governor of Florida, to Charles Town, West Virginia and For the reasons set out in the ensure that the goals and purposes of Stephens City, Virginia preamble, the Coast Guard proposes to the Comprehensive Everglades amend 33 CFR part 117 as follows: Restoration Plan are achieved. AGENCY: Federal Communications DATES: The public meeting will take Commission. PART 117—DRAWBRIDGE place on February 6, 2003, from 1 to 5 ACTION: Proposed rule. OPERATION REGULATIONS pm. SUMMARY: This document requests ADDRESSES: The meeting will be held at 1. The authority citation for part 117 comments on proposals in three the Council on Environmental Quality, continues to read as follows: separately docketed proceedings in a White House Conference Center, Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 multiple docket Notice of Proposed Rule Truman Room, 3rd Floor, 726 Jackson CFR 1.05–1(g); section 117.255 also issued Making. The first, filed by Cleveland Place, Washington, DC. under the authority of Pub. L. 102–587, 106 Radio Licenses, LLC, proposes to change Stat. 5039. FOR FURTHER INFORMATION CONTACT: Stu Station WXVA–FM’s community of 2. Section 117.755 is amended by Appelbaum, Corps of Engineers, license from Charles Town, West revising paragraph (a) to read as follows: Jacksonville District, P.O. Box 4970, Virginia, to Stephens City, Virginia, and § 117.755 Shrewsbury River. Jacksonville, Florida 32232–0019, provide Stephens City with its first local phone (904) 232–1877; fax (904) 232– (a) The Route 36 Bridge, mile 1.8, at aural transmission service. The 1434. Highlands, New Jersey, shall open on coordinates for requested Channel 252A signal; except that, from May 15 through SUPPLEMENTARY INFORMATION: On August at Stephens City, Virginia are 39–07–30 October 15, 7 a.m. to 8 p.m., the draw 2, 2002 the Army published the NL and 78–04–26 WL, with a site need open on the hour and half hour proposed rule to establish the restriction of 13.3 kilometers (8.3 miles) only. The owners of the bridge shall programmatic regulations in the Federal east of Stephens City, Virginia. The provide and keep in good legible Register (67 FR 50540). The public second, filed by Clear Channel condition, two clearance gauges, with comment period on the proposed rule Broadcasting Licenses, Inc., proposes to figures not less than eight inches high, closed on October 1, 2002. The change Station WDDD–FM’s community designed, installed, and maintained proposed regulations establish processes of license from Marion, Illinois to according to the provisions of § 118.160 and procedures that will guide the Johnston City, Illinois, and provide of this chapter. Army Corps of Engineers and its Johnston City with its first local FM * * * * * partners in the implementation of the transmission station. The coordinates Comprehensive Everglades Restoration for requested Channel 297B at Johnston Dated: January 23, 2003. Plan. The purpose of the public meeting City, Illinois, are 37–45–15 NL and 88– Vivien S. Crea, is to provide an opportunity for 56–05 WL, with a site restriction of 7.4 Rear Admiral, U.S. Coast Guard, Commander, stakeholders to clarify and respond to kilometers (4.6 miles) south of Johnston First Coast Guard District. comments filed on the proposed rule. City, Illinois. The third proposal was [FR Doc. 03–2696 Filed 2–4–03; 8:45 am] Representatives of the Army (the rule filed by Jayson and Janice Fritz. They BILLING CODE 4910–15–P writing agency), the Department of the hold a construction permit to operate a

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new FM broadcast station on Channel 202–863–2898, or via e-mail FEDERAL COMMUNICATIONS 289C2 at Mason, Texas. They request [email protected]. COMMISSION that the Commission downgrade The provisions of the Regulatory 47 CFR Part 73 Channel 289C2 to Channel 289C3, and Flexibility Act of 1980 do not apply to reallot that channel to Fredericksburg, this proceeding. Texas, to provide Fredericksburg with [DA 03–50; MB Docket Nos. 03–6, 03–7; RM–RM–10595, RM–10596] its first local commercial FM Members of the public should note transmission service. The coordinates that from the time a Notice of Proposed Radio Broadcasting Services; for requested Channel 289C3 at Rule Making is issued until the matter Garysburg, Roanoke Rapids, North Fredericksburg, Texas are 30–23–37 NL is no longer subject to Commission Carolina; Caledonia, Upper Sandusky, and 99–01–05 WL, with a site restriction consideration or court review, all ex OH of 19.3 kilometers (12 miles) northwest parte contacts are prohibited in of Fredericksburg. Commission proceedings, such as these AGENCY: Federal Communications The foregoing reallotment proposals proceedings, which involve channel Commission. comply with the provisions of Section allotments. See 47 CFR 1.1204(b) for ACTION: Proposed rule. 1.420(i) of the Commission’s Rules, and rules governing permissible ex parte therefore, the Commission will not contacts. SUMMARY: The Commission seeks accept competing expressions of interest comment on proposals in two separate in the use of Channel 252A at Stephens For information regarding proper docketed proceedings in a multiple City, Virginia, Channel 297B at Johnston filing procedures for comments, see 47 docket Notice of Proposed Rule Making. City, Illinois, or Channel 289C3 at CFR 1.415 and 1.420. The first, filed by MainQuad Fredericksburg, Texas, or require the List of Subjects in 47 CFR Part 73 Communications, Inc., proposes to rulemaking proponents to demonstrate reallot Channel 272A from Roanoke the availability of any additional Radio, Radio broadcasting. Rapids, North Carolina, to Garysburg, equivalent class channels. North Carolina, as the community’s For the reasons discussed in the DATES: Comments must be filed on or second local aural transmission service, before March 10, 2003, and reply preamble, the Federal Communications and modify the license for Station comments on or before March 25, 2003. Commission proposes to amend 47 CFR WPTM(FM) to reflect the change of Part 73 as follows: ADDRESSES: Secretary, Federal community. Channel 272A can be reallotted from Roanoke Rapids, to Communications Commission, 445 12th PART 73—RADIO BROADCAST Garysburg, North Carolina at Street, SW., Room TW–A325, SERVICES Washington, DC 20554. In addition to MainQuad’s requested existing transmitter site 9.4 kilometers (5.8 filing comments with the FCC, 1. The authority citation for Part 73 miles) northwest of the community at interested parties should serve counsel continues to read as follows: for the rulemaking proponents, as coordinates 40–35–43 NL and 93–02–59 follows: Mark N. Lipp, Esq. and J. Authority: 47 U.S.C. 154, 303, 334, and WL. The second, filed by Clear Channel Thomas Nolan, Esq., Shook, Hardy & 336. Broadcasting Licenses, Inc. proposes to reallot Channel 240A from Upper Bacon; 600 14th Street, NW., Suite 800; § 73.202 [Amended] Washington, DC 20005–2004 (Counsel Sandusky, Ohio to Caledonia, Ohio, as for Cleveland Radio Licenses, LLC and 2. Section 73.202(b), the Table of FM the community’s first local aural Clear Channel Broadcasting Licenses, Allotments under Illinois, is amended transmission service, and modify the Inc.); and Vincent J. Curtis, Jr., Esq., by adding Johnston City, Channel 297B, license for Station WYNT(FM) to reflect Anne Goodwin Crump, Esq., and Alison and removing Channel 297B at Marion. the change of community. Channel 240A can be reallotted from Upper J. Shapiro, Esq., Fletcher Heald & 3. Section 73.202(b), the Table of FM Hildreth, P.L.C.; 1300 North 17th Street, Sandusky to Caledonia, Ohio, at Clear Allotments under Texas, is amended by 11th Floor; Arlington, Virginia 22209 Channel’s requested site 8.2 kilometers adding Fredericksburg, Channel 289C3, (Counsel for Jayson and Janice Fritz). (5.1 miles) southwest of the community and removing Channel 289C2 at Mason. FOR FURTHER INFORMATION CONTACT: R. at coordinates 40–35–43 NL and 93–02– Barthen Gorman, Media Bureau, (202) 4. Section 73.202(b), the Table of FM 59 WL. 418–2180. Allotments under Virginia, is amended DATES: Comments must be filed on or SUPPLEMENTARY INFORMATION: This is a by adding Stephens City, Channel 252A. before March 10, 2003, and reply synopsis of the Commission’s Notice of 5. Section 73.202(b), the Table of FM comments must be filed on or before Proposed Rule Making, MB Docket No. allotments under West Virginia, is March 25, 2003. 03–12; MB Docket No. 03–13; and MB amended by removing Charles Town, ADDRESSES: Federal Communications Docket No. 03–14, adopted January 15, Channel 252A. Commission, 445 Twelfth Street, SW., 2003, and released January 17, 2003. Washington, DC 20554. In addition to Federal Communications Commission. The full text of this Commission filing comments with the FCC, decision is available for inspection and John A. Karousos, interested parties should serve the copying during regular business hours Assistant Chief, Audio Division, Media petitioner, his counsel, or consultant, as in the FCC’s Reference Information Bureau. follows: MainQuad Communications, Center at Portals II, 445 12th Street, [FR Doc. 03–2669 Filed 2–4–03; 8:45 am] Inc., c/o John M. Pelkey, Esq., Garvey, SW., CY–A257, Washington, DC 20554. BILLING CODE 6712–01–P Schuber & Barer, 5th Floor, 1000 This document may also be purchased Potomac Street, NW., Washington, DC from the Commission’s duplicating 20007; and Clear Channel Broadcasting contractors, Qualex International, Licenses, Inc., c/o Marissa G. Repp, Portals II, 445 12th Street, SW., Room Esq., F. William LeBeau, Esq., Hogan & CY–B402, Washington, DC 20554, Hartson, LLP, 555 13th Street, NW., telephone 202–863–2893, facsimile Washington, DC 20004.

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