63384 Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations

the Comptroller General of the United (i) * * * text of this decision may also be States prior to publication of the rule in (C) Ventura County Air Pollution purchased from the Commission’s the Federal Register. A major rule Control District. duplicating contractor, Best Copy and cannot take effect until 60 days after it (1) Rule 11, ‘‘Definitions for Printing, Inc., 445 12th Street, SW., is published in the Federal Register. Regulation II,’’ and Rule 29, ‘‘Conditions Room CY–B402, Washington, DC 20554, This action is not a ‘‘major rule’’ as on Permits,’’ adopted on June 13, 1995 telephone 1–800–378–3160 or http:// defined by 5 U.S.C. 804(2). and May 23, 1972, respectively, and www.BCPIWEB.com. The Commission Under section 307(b)(1) of the Clean revised on March 14, 2006. will send a copy of this Report and Air Act, petitions for judicial review of * * * * * Order in a report to be sent to Congress this action must be filed in the United [FR Doc. E8–25310 Filed 10–23–08; 8:45 am] and the Government Accountability States Court of Appeals for the BILLING CODE 6560–50–P Office pursuant to the Congressional appropriate circuit by December 23, Review Act, see 5 U.S.C. 801(a)(1)(A). 2008. Filing a petition for List of Subjects in 47 CFR Part 73 reconsideration by the Administrator of this final rule does not affect the finality FEDERAL COMMUNICATIONS Radio, Radio broadcasting. of this action for the purposes of judicial COMMISSION ■ As stated in the preamble, the Federal review nor does it extend the time 47 CFR Part 73 Communications Commission amends within which a petition for judicial 47 CFR part 73 as follows: review may be filed, and shall not [DA 08–2257; MB Docket No. 07–226; RM– postpone the effectiveness of such rule 11406] PART 73—RADIO BROADCAST or action. This action may not be SERVICES Radio Broadcasting Service; Tecopa, challenged later in proceedings to ■ CA 1. The authority citation for part 73 enforce its requirements (see section continues to read as follows: 307(b)(2)). AGENCY: Federal Communications Authority: 47 U.S.C. 154, 303, 334, 336. List of Subjects in 40 CFR Part 52 Commission. ACTION: § 73.202 [Amended] Environmental protection, Air Final rule. ■ pollution control, Incorporation by 2. Section 73.202(b), the Table of FM SUMMARY: This Report and Order grants Allotments under California, is reference, Intergovernmental relations, a petition for rulemaking filed by Reporting and recordkeeping amended by adding Tecopa, Channel Shamrock Communications, Inc. 288A. requirements. (‘‘Petitioner’’) to allot Channel 288A at Dated: September 2, 2008. Tecopa, California. Petitioner proposed Federal Communications Commission. Jane Diamond, the foregoing channel allotment to John A. Karousos, Acting Regional Administrator, Region IX. maintain a first local service allotment Assistant Chief, Audio Division, Media at Tecopa and to accommodate its Bureau. ■ Part 52, chapter I, title 40 of the Code construction permit application to [FR Doc. E8–25458 Filed 10–23–08; 8:45 am] of Federal Regulations is amended as substitute Channel 290C1 for Channel BILLING CODE 6712–01–P follows: 291A at Tecopa, and change the PART 52—[AMENDED] community of license from Tecopa, California, to Amargosa Valley, Nevada. FEDERAL COMMUNICATIONS ■ 1. The authority citation for Part 52 Channel 288A can be allotted at Tecopa, COMMISSION continues to read as follows: California, in compliance with the 47 CFR Part 73 Authority: 42 U.S.C. 7401 et seq. Commission’s technical engineering requirements, at geographical [DA 08–2272; MB Docket No. 07–210; RM– Subpart F—California coordinates of 35–50–48 North Latitude 11399] and 116–13–24 West Longitude with a ■ 2. Section 52.220 is amended by site restriction of 0.3 kilometers (0.2 Radio Broadcasting Services; Butte adding paragraphs (c)(197)(i)(C)(6), miles) southeast of Tecopa. Falls and Netarts, OR (241)(i)(A)(6), and (345)(i)(C) to read as DATES: Effective November 24, 2008. AGENCY: Federal Communications follows: ADDRESSES: Secretary, Federal Commission. § 52.220 Identification of plan. Communications Commission, 445 ACTION: Final rule. * * * * * Twelfth Street, SW., Washington, DC 20554. SUMMARY: The Audio Division grants a (c) * * * Petition for Rule Making issued at the (197) * * * FOR FURTHER INFORMATION CONTACT: request of Oregon Radio Partners, (i) * * * R. Barthen Gorman, Media Bureau, proposing the allotments of Channel (C) * * * (202) 418–2187. 290A at Butte Falls, Oregon and (6) Rule 2050, ‘‘Cancellation of SUPPLEMENTARY INFORMATION: This is a Channel 232C3 at Netarts, Oregon, as Application,’’ adopted on May 21, 1992 synopsis of the Commission’s Report first local services. Channel 290A at and amended on December 16, 1993. and Order, MB Docket No. 07–226, Butte Falls can be allotted, consistent * * * * * adopted October 8, 2008, and released with the minimum distance separation (241) * * * October 10, 2008. The full text of this requirements of the Commission’s (i) * * * Commission decision is available for Rules, at reference coordinates 42–36– (A) * * * inspection and copying during regular 19 NL and 122–24–38 WL with a site (6) Rule 24, ‘‘Temporary Permit to business hours at the FCC’s Reference restriction of 14.7 kilometers (9.1 miles) Operate,’’ adopted on March 20, 1996. Information Center, Portals II, 445 northeast of Butte Falls. Moreover, * * * * * Twelfth Street, SW., Room CY–A257, Channel 232C3 can be allotted to (345) * * * Washington, DC 20554. The complete Netarts, consistent with the minimum

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distance separation requirements of the To accommodate the Station KTIL–FM FEDERAL COMMUNICATIONS Commission’s Rules, at reference application, we issued Orders to Show COMMISSION coordinates 45–27–56 NL and 123–58– Cause (‘‘OTSC’’) directed to the 11 WL with a site restriction of 4 licensees of Station KXIX, Channel 47 CFR Part 73 kilometers (2.5 miles) northwest of 231C0, Bend, Oregon and Station KRXF, Netarts. The coordinates for Channel Channel 224C2, Sunriver, Oregon. See [DA 08–2256; MB Docket No. 07–281; RM– 232C3 at Netarts are located 320 Letter to GCC bend, LLC, Ref. No. 11408] kilometers from the Canadian border. As 1800B3–HC (MB May 23, 2007) (OTSC Radio Broadcasting Services; Elko, NV such, Canadian concurrence has been to Station KXIX licensee) and Letter to requested. Canada has approved the Fields Pond Group, Ref. No. 1800B3–HC allotment, not specially negotiated, on AGENCY: Federal Communications (MB May 23, 2007) (OTSC to Station Channel 232B1, the international class Commission. for this vacant facility. See KRXF licensee). No responses were ACTION: Final rule. SUPPLEMENTARY INFORMATION, supra. received. Therefore, the licensees of Stations KXIX and KRXF are deemed to SUMMARY: DATES: Effective November 24, 2008. At the request of L. Topaz have consented to the channel Enterprises, Inc., Channels 274C3 and ADDRESSES: Secretary, Federal substitutions with respect to Channel 284C3 at Elko, Nevada, are allotted as Communications Commission, 445 225C0 at Bend, Oregon for Station KXIX the community’s fifth and sixth local Twelfth Street, SW., Washington, DC aural transmission services. Channels 20554. and Channel 231C2 at Sunriver, Oregon for Station KRXF, respectively. See 47 274C3 and 284C3 can be allotted at FOR FURTHER INFORMATION CONTACT: CFR Section 1.87. See also Circleville, Elko, Nevada without a site restriction Rolanda F. Smith, Media Bureau, (202) Ohio, Second Report and Order, 8 FCC at coordinates 40–49–57 NL and 115– 418–2180. 2d 159 (1967). Additionally, the hybrid 45–44 WL. Opposing comments filed by SUPPLEMENTARY INFORMATION: This is a community of license application, File Ralph J. Carlson, President of Stations summary of the Commission’s Report No. BNPH–20060310ACD, proposes the KRJC(FM) and KTSN(AM), Elko, Nevada and Order, MB Docket No. 07–210, reallotment of Channel 225A from Butte are denied. adopted October 8, 2008, and released Falls to Talent, Oregon, and DATES: Effective November 24, 2008. October 10, 2008. The Notice of Proposed Rule Making proposed the modification of the new FM station ADDRESSES: Secretary, Federal allotment of Channel 290A at Butte license to specify operation at Talent. Communications Commission, 445 Falls and Channel 232C3 at Netarts. See The applications, File Nos. BPH– Twelfth Street, SW., Washington, DC 72 FR 59507, published October 22, 20070125ADO and BNPH– 20554. 20060310ACD were granted 2007. The full text of this Commission FOR FURTHER INFORMATION CONTACT: decision is available for inspection and simultaneously with the release of the Victoria McCauley, Media Bureau, (202) copying during normal business hours aforementioned Report and Order. 418–2180. in the Commission’s Reference List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: Information Center, 445 Twelfth Street, This is a synopsis of the Commission’s Report SW., Washington, DC 20554. The Radio, Radio broadcasting. complete text of this decision may also and Order, MB Docket No. 07–281, be purchased from the Commission’s ■ As stated in the preamble, the Federal adopted October 08, 2008, and released duplicating contractor, Best Copy and Communications Commission amends October 10, 2008. This proceeding was Printing, Inc., 445 12th Street, SW., 47 CFR part 73 as follows: initiated by a petition for rulemaking Room CY–B402, Washington, DC 20554, filed by L. Topaz Enterprises, Inc. and telephone 1–800–378–3160 or http:// PART 73—RADIO BROADCAST proposed in a Notice of Proposed Rule www.BCPIWEB.com. The Commission SERVICES Making, 73 FR 1577 (January 9, 2008). will send a copy of this Report and The full text of this Commission Order in a report to be sent to Congress ■ 1. The authority citation for part 73 decision is available for inspection and and the Government Accountability continues to read as follows: copying during normal business hours in the FCC’s Reference Information Office pursuant to the Congressional Authority: 47 U.S.C. 154, 303, 334, 336. Review Act, see 5 U.S.C. 801(a)(1)(A). Center at Portals II, CY–A257, 445 The new Butte Falls and Netarts § 73.202 [Amended] Twelfth Street, SW., Washington, DC vacant allotments accommodates two 20554. This document may also be hybrid communities of license ■ 2. Section 73.202(b), the Table of FM purchased from the Commission’s copy applications involving Station KTIL– Allotments under Oregon, is amended contractor, Best Copy and Printing, Inc., FM, Channel 232C3, Tillamook, Oregon by adding Butte Falls, Channel 290A Portals II, 445 12th Street, SW., Room and new FM station, Channel 225A, and by adding Netarts, Channel 232C3. CY–B402, Washington, DC 20554, telephone 1–800–378–3160 or Butte Falls, Oregon. See File Nos. BPH– Federal Communications Commission. 20070125ADO and BNPH– www.BCPIWEB.com. The Commission John A. Karousos, 20060310ACD, respectively. See also 72 will send a copy of this Report and FR 14554, published March 28, 2007 Assistant Chief, Audio Division, Media Order in a report to be sent to Congress and 72 FR 7032, published February 14, Bureau. and the Government Accountability 2007. [FR Doc. E8–25466 Filed 10–23–08; 8:45 am] Office pursuant to the Congressional The hybrid community of license BILLING CODE 6712–01–P Review Act, see 5 U.S.C. 801(a)(1)(A). application, File No. BPH– List of Subjects in 47 CFR Part 73 20070125ADO proposes the reallotment of Channel 232C3 at Tillamook to Radio, Radio broadcasting. Channel 232C2 at Government Camp, ■ As stated in the preamble, the Federal Oregon, and modification of the Station Communications Commission amends KTIL–FM license to reflect the change. 47 CFR part 73 as follows:

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