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54934 Federal Register / Vol. 71, No.

182 / Wednesday, September 20, 2006 / Rules and Regulations

DATES: Effective Date: This rule is Regulatory Classification. This final dismissal of its counterproposal in the
effective September 20, 2006. rule is not a significant regulatory action proceeding as untimely. In this
FOR FURTHER INFORMATION CONTACT: under the criteria of Section 3(f) of Memorandum Opinion and Order, the
William R. Blanton, Jr., CFM, Chief, Executive Order 12866 of September 30, Audio Division denied LVL’s petition
Engineering Management Section, 1993, Regulatory Planning and Review, for reconsideration of the dismissal of
Mitigation Division, 500 C Street, SW., 58 FR 51735. LVL’s counterproposal.
Washington, DC 20472, (202) 646–3151. Executive Order 13132, Federalism. FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: On March
This rule involves no policies that have Deborah Dupont, Media Bureau, (202)
29, 2006, FEMA issued a letter to the federalism implications under Executive 418–2180.
Unincorporated Areas of Yuma County Order 13132. SUPPLEMENTARY INFORMATION: This is a
and Cities of San Luis and Yuma, and Executive Order 12988, Civil Justice
synopsis of the Commission’s
the Unincorporated Areas of Coconino Reform. This rule meets the applicable
Memorandum Opinion and Order, MB
County, and City of Flagstaff, Arizona, standards of Executive Order 12988.
Docket No. 05–142, adopted August 31,
hereafter referred to as ‘‘listed List of Subjects in 44 CFR Part 67 2006, and released September 5, 2006.
communities’’ finalizing the flood Administrative practice and The full text of this Commission
elevation determinations. In addition, procedure, Flood insurance, Reporting decision is available for inspection and
the March 29, 2006 letter established a and recordkeeping requirements. copying during normal business hours
September 29, 2006, effective date for in the FCC Reference Information
the Flood Insurance Study (FIS) and ■ Accordingly, 44 CFR part 67 is Center, Portals II, 445 12th Street, SW.,
Flood Insurance Rate Map (FIRM) for amended as follows: Room CY–A257, Washington, DC 20554.
the listed communities. During the final The complete text of this decision also
PART 67—[AMENDED]
processing of the FIS and FIRM it was may be purchased from the
determined that there are levee ■ 1. The authority citation for part 67 Commission’s duplicating contractor,
structures within the listed counties that continues to read as follows: Best Copy and Printing, Inc., 445 12th
are shown as providing protection Authority: 42 U.S.C. 4001 et seq.; Street, SW., Room CY–B402,
against the 1% annual chance flood Reorganization Plan No. 3 of 1978, 3 CFR, Washington, DC 20554, (800) 378–3160,
event. FEMA will only recognize those 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, or via the company’s Web site, http://
levee systems that meet, and continue to 3 CFR, 1979 Comp., p. 376. www.bcpiweb.com. This document is
meet, minimum design, operation, and not subject to the Congressional Review
maintenance standards. 44 CFR 65.10 § 67.11 [Amended] Act. The Commission is, therefore, not
describes the information needed to ■ 2. The tables published under the required to send a copy of this Report
recognize whether a levee system authority of § 67.11 are amended to and Order in a report to be sent to
provides protection from the base flood withdraw the following: Congress and the Government
event. The required information must be The final flood elevation Accountability Office pursuant to the
supplied to FEMA by the community or determination published in 71 FR Congressional Review Act, see U.S.C.
other party seeking recognition of the 33647, June 12, 2006 for the 801(a)(1)(A), because the petition for
levee system. To acquire FEMA’s Unincorporated Areas of Yuma County reconsideration was denied.
recognition that a levee system protects and Cities of San Luis and Yuma, and Federal Communications Commission.
an area against the base flood event, a the Unincorporated Areas of Coconino
John A. Karousos,
community or levee owner must supply County, and City of Flagstaff, Arizona.
Assistant Chief, Audio Division Media
FEMA with such data as certification Dated: September 13, 2006. Bureau.
and design criteria (including David I. Maurstad, [FR Doc. E6–15530 Filed 9–19–06; 8:45 am]
information on freeboard, closures,
Director, Mitigation Division, Federal BILLING CODE 6712–01–P
embankment protection, embankment Emergency Management Agency, Department
and foundation stability, settlement, of Homeland Security.
interior drainage, etc.), and operation [FR Doc. 06–7808 Filed 9–19–06; 8:45 am] FEDERAL COMMUNICATIONS
and maintenance plans.
BILLING CODE 9110–12–P COMMISSION
Until the aforementioned levee
information is submitted to FEMA, the 47 CFR Part 73
final flood elevation published in 71 FR
33647, June 12, 2006 for the listed FEDERAL COMMUNICATIONS [DA 06–1760; MB Docket No. 06–52; RM–
communities is hereby withdrawn in COMMISSION 11318]
accordance with section 110 of the 47 CFR Part 73 Radio Broadcasting Services; Flora,
Flood Disaster Protection Act of 1973,
[DA 06–1756; MB Docket No. 05–142; RM– MS
42 U.S.C. 4104. Until further notice, the
release of the FIS and FIRM for the 11220] AGENCY: Federal Communications
listed communities has been postponed. Commission.
National Environmental Policy Act. Radio Broadcasting Services; Roma,
TX ACTION: Final rule.
This rule is categorically excluded from
the requirements of 44 CFR Part 10, AGENCY: Federal Communications SUMMARY: In response to a Notice of
Environmental Consideration. No Commission. Proposed Rule Making, this Report and
environmental impact assessment has ACTION: Final rule; denial of petition for Order denies a Petition for Rule Making
been prepared. reconsideration. requesting that Channel 280A be
rwilkins on PROD1PC63 with RULES

Regulatory Flexibility Act. As flood allotted to Flora, Mississippi, because


elevation determinations are not within SUMMARY: The Audio Division has no party filed comments expressing an
the scope of the Regulatory Flexibility denied the petition for reconsideration interest in the allotment. It also
Act, 5 U.S.C. 601–612, a regulatory of La Voz Latino (‘‘LVL’’), seeking dismisses a Counterproposal requesting
flexibility analysis is not required. reconsideration of the Audio Division’s that Channel 280A be allotted to

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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 54935

Hermanville, Mississippi, because the licensee of Stations KSSE(FM), Arcadia, FEDERAL COMMUNICATIONS
Counterproposal was filed past the due CA, and KSSD(FM), Fallbrook, CA, of a COMMISSION
date. Even if the Counterproposal were Report and Order in this proceeding,
considered on the merits, it would be which had denied its rulemaking 47 CFR Part 73
denied as short spaced to an authorized petition to upgrade the class of Station [DA 06–1761; MB Docket No. 05–147; RM–
FM broadcast station at the time the KSSE(FM) from Channel 296A to 10823]
Counterproposal was filed. Channel 296B1. The Commission
DATES: Effective October 20, 2006. determined that the rulemaking Radio Broadcasting Services; Fort
ADDRESSES: Federal Communications proposal could not be implemented Lauderdale and Lake Park, FL
Commission, 445 12th Street, SW., because the licensee of Station AGENCY: Federal Communications
Washington, DC 20554. KDGL(FM), Yucca Valley, CA, had Commission.
FOR FURTHER INFORMATION CONTACT: R. withdrawn its consent to a downgrade
ACTION: Final rule.
Barthen Gorman, Media Bureau, (202) in channel class and a site relocation,
418–2180. which is necessary to effectuate the SUMMARY: The Audio Division, at the
SUPPLEMENTARY INFORMATION: This is a upgrade. See SUPPLEMENTARY request of Charles Crawford, allots
synopsis of the Commission’s Report INFORMATION. Channel 262A to Lake Park, Florida, as
and Order, MB Docket No. 06–52, its first local service. To accommodate
adopted August 31, 2006, and released FOR FURTHER INFORMATION CONTACT:
the proposal consistent with the
September 1, 2006. The full text of this Andrew J. Rhodes, Media Bureau, (202) minimum distance separation
Commission decision is available for 418–2180. requirements of the Commission’s rules,
inspection and copying during normal SUPPLEMENTARY INFORMATION: This is a this document also grants the
business hours in the FCC’s Reference synopsis of the Commission’s reclassification of WHYI–FM, Fort
Information Center at Portals II, 445 Memorandum Opinion and Order, MM Lauderdale, Florida, to specify
12th Street, SW., Room CY–A257, Docket No. 01–11, adopted August 10, operation on Channel 264C0 in lieu of
Washington, DC 20554. The document Channel 264C. No response was filed to
2006, and released August 17, 2006. The
may also be purchased from the the Order to Show Cause issued to Clear
full text of this Commission decision is
Commission’s duplicating contractor, Channel Broadcasting Licenses, Inc.,
Best Copy and Printing, Inc., Portals II, available for inspection and copying
licensee of Station WHYI–FM, Fort
445 12th Street, SW., Room CY–B402, during normal business hours in the
Lauderdale, Florida. Channel 262A at
Washington, DC 20554, telephone 1– FCC Reference Information Center
Lake Park can be allotted consistent
800–378–3160 or http:// (Room CY–A257), 445 12th Street, SW., with the minimum distance separation
www.BCPIWEB.com. This document is Washington, DC 20554. The complete requirements of the Commission’s Rules
not subject to the Congressional Review text of this decision may also be with a site restriction of 4.7 kilometers
Act. (The Commission is, therefore, not purchased from the Commission’s copy (2.9 miles) south of the community. The
required to submit a copy of this Report contractor, Best Copy and Printing, Inc., reference coordinates for Channel 262A
and Order to GAO pursuant to the Portals II, 445 12th Street, SW., Room at Lake Park are 26–45–29 NL and 80–
Congressional Review Act, see 5 U.S.C. CY–B402, Washington, DC 20554, 03–28 WL.
801(a)(1)(A), because the proposed rule telephone 1–800–378–3160 or http:// DATES: Effective October 20, 2006.
is denied.) www.BCPIWEB.com.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 47 CFR Part 73 The Commission also clarified the Rolanda F. Smith, Media Bureau, (202)
Radio, Radio broadcasting. scope of permissible facility changes for 418–2180.
pre-1964, grandfathered short-spaced SUPPLEMENTARY INFORMATION: This is a
Federal Communications Commission.
stations under Section 73.213(a)(4) such synopsis of the Commission’s Report
John A. Karousos,
as KSSE(FM). Although these stations and Order, MB Docket No. 05–147,
Assistant Chief, Audio Division, Media are exempt from the second-adjacent adopted August 31, 2006, and released
Bureau.
and third-adjacent channel separation September 5, 2006. The full text of this
[FR Doc. E6–15532 Filed 9–19–06; 8:45 am] Commission decision is available for
requirements set forth in Section 73.207,
BILLING CODE 6712–01–P inspection and copying during normal
they are not permitted to upgrade their
facilities beyond class maximums. See business hours in the FCC Reference
67 FR 65721 (October 28, 2002). Information Center (Room 239), 445
FEDERAL COMMUNICATIONS 12th Street, SW., Washington, DC
COMMISSION This document is not subject to the
20554. The complete text of this
Congressional Review Act. (The decision may also be purchased from
47 CFR Part 73 Commission, is, therefore, not required the Commission’s duplicating
[FCC 06–119; MM Docket No. 01–11; RM– to submit a copy of this Memorandum contractor, Best Copy and Printing, Inc.,
10027; RM–10322] Opinion and Order to GAO, pursuant to 445 12th Street, SW., Room CY–B402,
the Congressional Review Act, see 5 Washington, DC 20554, telephone 1–
Radio Broadcasting Services; Arcadia, U.S.C. 801(a)(1)(A) because the 800–378–3160 or http://
Desert Hot Springs, Fallbrook, application for review was denied.) www.bcpiweb.com. The Commission
Murrieta, and Yucca Valley, CA
Federal Communications Commission. will send a copy of this Report and
AGENCY: Federal Communications Marlene H. Dortch, Order in a report to be sent to Congress
Commission. and the Government Accountability
Secretary.
rwilkins on PROD1PC63 with RULES

ACTION: Final rule; denial of application Office pursuant to the Congressional


[FR Doc. E6–15533 Filed 9–19–06; 8:45 am] Review Act, see 5 U.S.C. 801(a)(1)(A).
for review.
BILLING CODE 6712–01–P
SUMMARY: The Commission denied an List of Subjects in 47 CFR Part 73
application for review filed by the Radio, Radio broadcasting.

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