Federal Register/Vol. 77, No. 238/Tuesday, December 11, 2012
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Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Rules and Regulations 73545 affect small governments, as described B. Submission to Congress and the PM2.5 2002 base year emissions in the Unfunded Mandates Reform Act Comptroller General inventory portion of the West Virginia of 1995 (Pub. L. 104–4); The Congressional Review Act, 5 SIP may not be challenged later in • Does not have Federalism U.S.C. 801 et seq., as added by the Small proceedings to enforce its requirements. implications as specified in Executive Business Regulatory Enforcement (See section 307(b)(2).) Order 13132 (64 FR 43255, August 10, Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52 1999); that before a rule may take effect, the agency promulgating the rule must Environmental protection, Air • Is not an economically significant submit a rule report, which includes a pollution control, Carbon monoxide, regulatory action based on health or copy of the rule, to each House of the Incorporation by reference, Nitrogen safety risks subject to Executive Order Congress and to the Comptroller General dioxide, Particulate matter, Reporting 13045 (62 FR 19885, April 23, 1997); of the United States. EPA will submit a and recordkeeping requirements, Sulfur • Is not a significant regulatory action report containing this action and other oxides, Volatile organic compounds. subject to Executive Order 13211 (66 FR required information to the U.S. Senate, Dated: November 21, 2012. 28355, May 22, 2001); the U.S. House of Representatives, and W.C. Early, • Is not subject to requirements of the Comptroller General of the United Acting Regional Administrator, Region III. Section 12(d) of the National States prior to publication of the rule in the Federal Register. A major rule 40 CFR part 52 is amended as follows: Technology Transfer and Advancement cannot take effect until 60 days after it Act of 1995 (15 U.S.C. 272 note) because is published in the Federal Register. PART 52—APPROVAL AND application of those requirements would This action is not a ‘‘major rule’’ as PROMULGATION OF be inconsistent with the CAA; and defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS • Does not provide EPA with the C. Petitions for Judicial Review ■ discretionary authority to address, as 1. The authority citation for part 52 appropriate, disproportionate human Under section 307(b)(1) of the CAA, continues to read as follows: health or environmental effects, using petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq. practicable and legally permissible action must be filed in the United States methods, under Executive Order 12898 Court of Appeals for the appropriate Subpart XX—West Virginia (59 FR 7629, February 16, 1994). circuit by [Insert date 60 days from date of publication of this document in the ■ 2. In § 52.2520, the table in paragraph In addition, this rule does not have Federal Register]. Filing a petition for (e) is amended by adding at the end of tribal implications as specified by reconsideration by the Administrator of the table an entry for 2002 Base Year Executive Order 13175 (65 FR 67249, this final rule does not affect the finality Emissions Inventory for the 1997 fine November 9, 2000), because the SIP is of this action for the purposes of judicial particulate matter (PM2.5) standard to not approved to apply in Indian country review nor does it extend the time read as follows: located in the state, and EPA notes that within which a petition for judicial it will not impose substantial direct review may be filed, and shall not § 52.2520 Identification of plan. costs on tribal governments or preempt postpone the effectiveness of such rule * * * * * tribal law. 5 U.S.C. 804(2). or action. This action pertaining to the (e) * * * Name of non-regulatory State submittal Additional SIP revision Applicable geographic area date EPA approval date explanation ******* 2002 Base Year Emissions Inven- West Virginia portion of the Hun- 5/28/09 12/11/12 [Insert page number 52.2531(b) tory for the 1997 fine particulate tington-Ashland, WV-KY-OH where the document begins]. matter (PM2.5) standard. nonattainment area. ■ 3. § 52.2531 is amended by revising of point sources, non-road mobile FEDERAL COMMUNICATIONS the section heading, designating the sources, area sources, on-road mobile COMMISSION existing paragraph as paragraph (a), and sources, and biogenic sources. The adding paragraph (b). The amendments pollutants that comprise the inventory 47 CFR Part 73 read as follows: are nitrogen oxides (NO ), volatile X [MM Docket No. 99–25; FCC 12–144] § 52.2531 Base year emissions inventory. organic compounds (VOCs), PM2.5, coarse particles (PM ), ammonia (NH ), * * * * * 10 3 Implementation of the Local and sulfur dioxide (SO2). Community Radio Act of 2010; (b) EPA approves as a revision to the [FR Doc. 2012–29763 Filed 12–10–12; 8:45 am] Revision of Service and Eligibility West Virginia State Implementation Rules for Low Power FM Stations Plan the 2002 base year emissions BILLING CODE 6560–50–P inventory for the Huntington-Ashland, AGENCY: Federal Communications WV-KY-OH fine particulate matter Commission. (PM2.5) nonattainment area submitted by ACTION: Denial and/or dismissal of the West Virginia Department of petitions for reconsideration. Environmental Protection on May 28, 2009. The 2002 base year emissions SUMMARY: In this document, the inventory includes emissions estimates Commission acts on six petitions for that cover the general source categories reconsideration of the Fourth Report VerDate Mar<15>2010 15:22 Dec 10, 2012 Jkt 229001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\11DER1.SGM 11DER1 rmajette on DSK2TPTVN1PROD with 73546 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Rules and Regulations and Order, challenging the per-market Summary of Fifth Order on adequate LPFM licensing opportunities. and/or the national caps adopted in the Reconsideration At the same time, we tentatively Fourth Report and Order in this I. Introduction concluded that these new procedures proceeding. In response to the petitions would not be sufficient to address the for reconsideration, the Commission 1. In this Fifth Order on potential for licensing abuses with modifies the national cap to allow each Reconsideration and Sixth Report and respect to the thousands of pending applicant to pursue up to 70 Order, we take various actions to translator applications. Accordingly, we applications, so long as no more than 50 implement the Local Community Radio asked for comments on appropriate of them are in the spectrum-limited Act of 2010 (‘‘LCRA’’), safeguard the processing policies for those radio markets identified in the Fourth integrity of our FM translator licensing applications, including a potential Report and Order; increases the per- procedures and modify licensing and national cap of 50–75 applications and market cap for spectrum-limited service rules for the low power FM a potential cap of one or a few markets to allow up to three (‘‘LPFM’’) service. In the Fifth Order on applications in any particular market. Reconsideration we affirm with slight 3. The Commission released the applications per applicant for each modifications and clarifications the Fourth R&O on March 19, 2012. The market, subject to certain conditions; comprehensive plan for licensing FM Commission affirmed its decision to and clarifies the application of the per- translators and LPFM stations adopted reject the prior national cap of 10 market cap in ‘‘embedded’’ markets. in the Fourth Report and Order (Fourth translator applications per applicant. It DATES: Effective January 10, 2013. R&O). In response to petitions for adopted a modified market-specific reconsideration, we modify the national translator licensing scheme which FOR FURTHER INFORMATION CONTACT: cap to allow each applicant to pursue incorporated a number of commenter Peter Doyle (202) 418–2789. up to 70 applications, so long as no proposals. To minimize the potential for SUPPLEMENTARY INFORMATION: This is a more than 50 of them are in the speculative licensing conduct, the summary of the Commission’s Fifth Appendix A markets. We also increase Commission established a national cap Order on Reconsideration in MM Docket the per-market cap for radio markets of 50 applications and a local cap of one No. 99–25, FCC 12–144, adopted identified in Appendix A of the Fourth application per applicant per market for November 30, 2012, and released R&O to allow up to three applications the 156 Arbitron Metro markets December 4, 2012. The full text of this for each market, subject to certain identified in Appendix A of the Fourth document is available for inspection conditions. We also clarify the R&O. and copying during regular business application of the per-market cap in 1. Rationale for the Translator hours in the FCC Reference Center, 445 those Appendix A markets with Application Caps Twelfth Street SW., Room CY–A257, ‘‘embedded’’ markets. In the Sixth Report and Order we complete the 4. When the Commission opened the Portals II, Washington, DC 20554, and March 2003 filing window for Auction may also be purchased from the implementation of the LCRA and make a number of additional changes to 83 FM translator applications, there Commission’s copy contractor, BCPI, were 3,818 licensed FM translators. Inc., Portals II, 445 Twelfth Street SW., promote the localism and diversity goals of the LPFM service and a more 13,377 translator applications were filed Room CY–B402, Washington, DC 20554. in that window—approximately three Customers may contact BCPI, Inc. via sustainable community radio service. When effective, these orders will permit times as many applications as the their Web site, http://www.bcpi.com, or number of FM translators licensed since call 1–800–378–3160.