Television Broadcasting Services Butte, Montana

CourtFederal Communications Commission
Citation86 FR 24837
Publication Date10 May 2021
Record Number2021-09694
Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Proposed Rules
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations,’’ EPA, May 25, 1988 (the
Bluebook, revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
4. ‘‘Control of Hydrocarbons from
Tank Truck Gasoline Loading
Terminals,’’ EPA 450/2–77–026,
October 1977.
5. ‘‘Control of Volatile Organic
Emissions from Bulk Gasoline Plants,’’
EPA–450/2–77–035, December 1977.
6. ‘‘Design Criteria for Stage I Vapor
Control Systems—Gasoline Service
Stations,’’ EPA–450/R–75–102,
November 1975.
7. ‘‘Control of Volatile Organic
Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems,’’
EPA–450/2–78–051, December 1978.
B. Does the rule meet the evaluation
This rule meets CAA requirements
and is consistent with relevant guidance
regarding enforceability, RACT, and SIP
revisions and fulfills the District’s
commitment to revise the rules to lower
the emissions limit for gasoline transfers
at bulk terminals in order to meet
current RACT. The TSD has more
information on our evaluation.
C. Public Comment and Proposed
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. In
addition, we propose to convert the
partial conditional approval of the
District’s 2008 RACT SIP, as found in 40
CFR 52.248 (i), to a full approval. We
will accept comments from the public
on this proposal until June 9, 2021. If
we take final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the ICAPCD rule described in Table 1 of
this preamble. The EPA has made, and
will continue to make, these materials
available through https:// and at the EPA
Region IX Office (please contact the
person identified in the
section of this
preamble for more information).
IV. Statutory and Executive Order
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
Authority: 42 U.S.C. 7401 et seq.
Dated: April 30, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–09635 Filed 5–7–21; 8:45 am]
47 CFR Part 73
[MB Docket No. 21–185; RM–11906; DA 21–
475; FR ID 24742]
Television Broadcasting Services
Butte, Montana
: Federal Communications
: Proposed rule.
: The Commission has before it
a petition for rulemaking filed by
Sinclair Media Licensee, LLC
(Petitioner), the licensee of KTVM–TV
(NBC), channel 6, Butte, Montana. The
Petitioner requests the substitution of
channel 20 for channel 6 at Butte,
Montana in the DTV Table of
: Comments must be filed on or
before June 9, 2021 and reply comments
on or before June 24, 2021.
: Federal Communications
Commission, Office of the Secretary, 45
L Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve
counsel for the Petitioner as follows:
Paul A. Cicelski, Esq., Lerman Senter,
PLLC, 2001 L Street NW, Washington,
DC 20036.
Joyce Bernstein, Media Bureau, at (202)
418–1647; or Joyce Bernstein, Media
Bureau, at
: In support
of its channel substitution request, the
Petitioner states that the Commission
has recognized that VHF channels have
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Proposed Rules
certain propagation characteristics
which may cause reception issues for
some viewers. Petitioner further states
that KTVM–TV has received numerous
complaints from viewers unable to
receive that Station’s over-the-air signal,
despite being able to receive signals
from other stations, and that its channel
substitution proposal will result in more
effective building penetration for indoor
antenna reception. In addition, the
Petitioner states that while the proposed
channel 20 facility’s noise limited
contour does not completely encompass
the relevant channel 6 noise limited
contour, KTVM–TV is an NBC affiliate
and there are two other NBC affiliated
stations that serve some of the portions
of the loss area. The Petitioner also
submitted an analysis, using the
Commission’s TVStudy software
analysis program, demonstrating that
after taking into account service
provided by the other NBC stations, all
of the population located within
KTVM–TV’s original post-transition
channel 6 noise limited contour will
continue to receive NBC service, except
for 66 people. The Bureau used the
technical parameters of KTVM–TV’s
original post-transition digital channel 6
facility (File Nos. BPCDT–20080314ADF
and BLCDT–20090622ADT) in
determining any predicted loss which
may occur from the proposed channel
This is a synopsis of the
Commission’s Notice of Proposed
Rulemaking, MB Docket No. 21–185;
RM–11906; DA 21–475, adopted April
26, 2021, and released April 26, 2021.
The full text of this document is
available for download at https:// To request materials
in accessible formats (braille, large
print, computer diskettes, or audio
recordings), please send an email to or call the Consumer &
Government Affairs Bureau at (202)
418–0530 (VOICE), (202) 418–0432
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
Members of the public should note
that all ex parte contacts are prohibited
from the time a Notice of Proposed
Rulemaking is issued to the time the
matter is no longer subject to
Commission consideration or court
review, see 47 CFR 1.1208. There are,
however, exceptions to this prohibition,
which can be found in Section 1.1204(a)
of the Commission’s rules, 47 CFR
See Sections 1.415 and 1.420 of the
Commission’s rules for information
regarding the proper filing procedures
for comments, 47 CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Proposed Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
§ 73.622 [Amended]
2. In § 73.622 in paragraph (i), amend
the Post-Transition Table of DTV
Allotments under Montana by revising
the entry for Butte to read as follows:
§ 73.622 Digital television table of
* * * * *
(i) * * *
Community Channel No.
Butte .......................... 5, 19, 20, 24
[FR Doc. 2021–09694 Filed 5–7–21; 8:45 am]
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