&^

40834      Federal Register  /Vol. 55,  No. 194  /  Friday. .October 5. 1990 /Rules  and ;ttegulatigns___
request for revision .to any state
implementation plan. Each request for
revision to the state implementation
plan shall be considered separately in
light of specific technical, economic, and
environmental factors and in relation to
relevant statutory and regulatory
requirements.
List of Subjects in 40 CFR Part 52
  Air pollution control, Participate
matter.            •
  Dated: September 25,1990.
Kerrigan dough,
Acting Regional Administrator.
  40 CFR Part 52, Subpart QQ is
amended as follows:

PART 52—[AMENDED]

  1. The authority citation for Part 52
continues to read as follows:
  Authority: 42 U.S.C. 7401-7642.

Subpart QQ—South Dakota

  2. Add a new § 52.218 to read as
follows:

§ 52.2182  PMu Committal SIP.
  On July 121988, the State submitted a
Committal SIP for the Rapid City Group
II PMio area, as required by the PMio
implementation policy. The SIP commits
the State to continue to monitor for PMio
and to submit a full SIP if a violation of
the PMio National Ambient Air Quality
 Standards is detected. It also commits
 the State to make several revisions
 related to PMio to the existing SIP.
 [FR Doc. 90-23264 Filed 10-4-90; 8:45 am]
 BILLING CODE 656O-50-M
 40 CFR Part 61
 [FRL-3850-7]

 National Emission Standards for
 Radon Emissions from
 Phosphogypsum Stacks
 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Notice of compliance waiver.

 SUMMARY: Today's action announces the
 continuation of a limited compliance
 waiver, pending  reconsideration and
 rulemaking, of subpart R of 40 CFR-part
 61 ("Subpart R"), National Emission
 Standards for Radon Emissions from
 Phosphogypsum Stacks (54 FR 51654
 December 15,1989). EPA is issuing this
 compliance waiver pursuant to its
 authority under Clean Air Act
 112(c)(l)(B)(ii) and 40 CFR 60.10-60.11.
 Today's limited compliance waiver,
 which permits the distribution and use
 cf phosphogypsum for agricultural
purposes, temporarily continues the
existing limited compliance waiver,
originally issued by the Administrator
on April 10,1990 (55 FR 13480 (April 10,
1990)), pending final action on the
ongoing rulemaking proceedings, but in
no event beyond June 1,1991.
EFFECTIVE DATE: Effective October 1,
1990, the requirement of subpart R of 40
CFR part 61 that phosphogypsum be
disposed in stacks or mines is
temporarily waived to permit the
distribution and use of phosphogypsum
for agricultural purposes, pending final
action on the ongoing rulemaking
proceedings (55 FR 13480 April 10,
1990)), but in no everit beyond June 1,
1991.
FOR FURTHER INFORMATION CONTACT:
Craig Conklin, Environmental Standards
Branch, Criteria and Standards Division
(ANR-460), Office of Radiation
Programs, Environmental Protection
Agency, Washington, DC 20460, (202)
475-9610.
SUPPLEMENTARY INFORMATION:

A. Background
   On October 31,1989, EPA
promulgated a final rule controlling
radionuclide air emissions from several
source categories, including
phosphogypsum stacks (to be codified at
40 CFR part 61, subpart R ("Subpart
R")). 54 FR 51653 (December 15,1989).
The standard requires, in part, the
disposal of phosphogypsum in stacks or
mines, thereby precluding alternative
uses of the material. EPA received
petitions from several parties, including
The Fertilizer Institute ("TFI"),
 Consolidated Minerals, Inc. ("CM!"),
 and U.S. Gypsum Co. ("USG") that EPA
 reconsider this portion of the
 phosphogypsum NESHAP. On April 10,
 1990, EPA published in the Federal
 Register a notice of limited
 reconsideration of subpart R, a   ,
 rulemaking proposal which included
 several alternatives to modify or
 maintain subpart R, and a limited
 compliance waiver which waived the
 requirements of subpart R for those
 owners or operators engaged in the
 distribution or use of phosphogypsum
 for agricultural purposes during the
 current growing -season (not to extend
 -beyond October 1,1990). 55 FR 13480.
 The waiver was issued upon the finding
 of the Administrator that such activity
 presents no imminent endangerment to
 public health, that the immediate
 prohibition of such use would cause
 great injury to many small farmers who
 rely upon phosphogypsum, and that it
 would be burdensome and
 impracticable to issue limited waivers to
 each affected owner or operator. In
addition, it was issued in light of the
scope of the simultaneously granted
limited reconsideration of subpart R and
in recognition that such waiver was
necessary to allow time for
implementation of alternative means of
soil conditioning.
   EPA has received well over 100
comments on the proposed rule. EPA is
presently, evaluating each comment and
plans to issue a final rule shortly.
Today's action by EPA does not, and
should by no means'be construed to,
indicate any Agency predisposition on
the pending rulemaking.

B. Issuance of Compliance Waiver
   For the same reasons announced in its
original limited compliance waiver, EPA
today continues in place the limited
compliance waiver for subpart R, as.
originally issued on April 10,1990, 55 FR
13480, pending final action on the
rulemaking proceeding also commenced
 on April 10,1990, but in no event beyond
June 1,1991. Authority for this waiver
 exists in Clean Air Act section
 112(C)(l)(B)(ii) and 40 CFR 61.10-81.11.
 EPA is accumulating and analyzing the
 information necessary to issue a final
 decision on the rulemaking proceeding,
 and expects  to take filial action shortly.
 Pending that final decision, the waiver
 bars enforcement against the use and
 distribution of phosphogypsum for
 agricultural purposes during this period.
   Da.ted: September 28,1990.
 William K.Reilly,
 Administrator.
 [FR Doc. 90-23541 Filed 10-4-90, 8:45 am]
, BILING CODE 6560-SO-M
 40 CFR Part 261

 [EPA/OSW-FR-80-FFF; SWM-FRL-3S36-8]

 RIN 2050-AA78

 Hazardous Waste Management
 System; Identification and Listing of
 Hazardous Waste; Toxfcity
 Characteristic; Hydrocarbon Recovery
 Operations

 AGENCY: EPA.
 ACTION: Interim final rule with request
 for comments.	

 SUMMARY: On March 29,1990, the
 Environmental Protection Agency (EPA)
 promulgated revisions to the toxicity
 characteristic, one of the tests used to
 determine whether particular wastes are
 regulated as hazardous under subtitle C
  of the Resource Conservation and
 Recovery Act (RCRA). New information
  acquired by the Agency since the
  promulgation of the Toxicity

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            Federal Register / Vol.  55, No.  194 / Friday, October'5. IS9Q / jglfLfS^
Characteristic (TC) rule indicates that
immediate application of the TC could
prevent continued operation of
hydrocarbon recovery and remediation
activities currently being conducted at a
number of petroleum refineries and
marketing terminals or bulk plants
handling crude pertroleum and
immediate products of petroleum
refining. The hydrocarbon recovery and
remediation activities of concern are
those that recover free-floating
hydrocarbons from the contaminated
acquifer, and include as part of the
recovery, reihjection of contaminated
ground water via undergound injection
wells or reinfiltration via an in filtration
gallery into the same aquifer from which
it was withdrawn.
  The rAgency believes that cessation of
these activities may pose a substantially
•greater risk to human health and the
environment fean tJiefir continued
• operation under the existing regulatory
authorities. As a result of this new
information, the Agency is today  •
promulgating an interim final role which
extends the compliance date of the TC
rule for petrpteum refining facilities,
marketing terminals and belfe plants
engaged feithis specific recovery and
remediation operation fear 120> days. The
period of fee extension being
promulgated today will allow fee
Agency to solicit public comment on
issues related to these facilities, and to
consider aii available, pertinent
informatioa, and to develop the best
solution to protect human heaftti and the
environment
EFFECTIVE DATE: September 25,1930.
ADDRESSES! The public docket for this
rulemajdng is located at Room M2427,
U.S. Environmental Protection: Agency,
401M Street, SW.; Washington. DC
20460. The docket number assigned to
thia notice is  F-9O-PRAS-FFFFF.
Persons who wish to comment on. the
notice should place the docket number
on their comments and provide an
original and: two copies.
   The EPA RCRA docket is open from 9
a.m. to 4 p.mvt Monday through Friday,
excluding Federal holidays. To review
docket materials, the public must make
 an appointment by calling (202] 475-
9372. A maximum of SO pages may be
 copied from any regulatory docket at no
cost Additional- copies- cost $0.20 per.
 page.
 FOR FURTHER INFORMATION CONTACT:
 For general information about this
 notice, contact the RCRA/Superfund
 Hotline at (800} 424-934B toll free* or
 {202} 382-30OO inWashington. DC
 metropolitan area. For information, on
 specific aspects of this notice^, contact
 David Topping of the,.Waste •
Identification Branch, Office of Solid.
Waste (GS-333),ILS, Environmental
Protection Agency,. 401 M. Street SW.
Washington DC 20460, (202) 382-477O.
SUPPLEMENTARY {MFORR3ATKJN:

A. Background
  On March 29, 1990 [55 FR 11798}, the
Environmental Protection Agency (EPA)
promulgated the Toxicity Characteristic
final rale, to revise the existing EP
toxicity characteristic. The TC is one of
several characteristic used to identify
wastes which are defined as hazardous
and,, as a. consequence, are subject to
the subtitle C requirements of the
Resource Conservation and Recovery
ActflRCRA).
  In today's notice, the Agency,
invoking good cause under the
Administrative Procedure Act is
promulgating an extended compliance.
date for the TC requirements to
petroleum refining facilities, marketing
terminals and bulk plants engaged in
hydrocarbon recovery and remediation
operations which involve the reinfection-
of contaminated ground water into
underground injection wells or
infiltration galleries for 120 days. As
discussed below, EPA belevesr [1 J Good
cause, under5tT.S".eV553, exists fora
short change in compKaice- date for this
narrow dass of TC wastes without prior
ncrtfce and comment^ and {^tender 5
U.S.C. 705, justice so requires a  -
postponement of &e compliance- date.
During feelZffday period, these wastes
will not be a Federal hazadons waste.
Tm% extended compBanee date results
from new information -feat was brought
to the attention of the Agency after fee
promulgation of the TC finaJ rule. The
extended compliance date allows fee
immediate continued operation of
existing activities while careful   • •
consideration is given to aS pertinent
information.       >
B. HydrocarbottSecovery and
Water  ..'. . .  , .-.. .   .  ,.   -
  Subsurface investigations have
revealed that large quantities of free-
floating; and dissolved hydrocarbons axe
contained in ttte> shallow aquifees
beneath a number of petroleum
refineries marketing terminals and btdk
plants. Many of these facilities have
undertaken operations to remove the
free-floating hydrocarbons and
remediate the eoBtaminatiort Follow-on
phases of the operation may involve the
remediation of contaminated subsurface
soils and ground water. These recovery
and remediation, activities are currently
being conducted under fee direction of
various State and local environmental
and water quality authorities. :   '
  It is the first phase of such operations
that is of immediate concern to the
Agency. This phase primarily consists of
pumping the free-floating hydrocarbons
from the aquifer beneath the facility.
Some of these operations involve two
pumping systems. One pumping system
is used to bring the free-floating
hydrocarbons to the surface while the
second pumping system reinjects
contaminated ground water to facilitate
the pumping of the free-floating
hydrocarbons and prevent farther
migration of the contaminants in the
aquifer. In two pomp systems, the
ground water is pumped to create a cone
of depression to promote collection of
free-floating hydrocarbons and thereby
facilitate recovery/removal of fee
hydrocarbons from fee aquifer. Thi* .
pumped ground water, with its high
saturation, concentrations of dissolved
hydrocarbon (particularly benzene, due
to the equilibration between the free-
floating hydrocarbons and the water}, is
returned to fee aquifer via an injection
well or mfiltration gallery. The
remj'ecfon/infytration establishes a
Hydraohc gradient feat feefpw to contain
fee contamination and maintains fee
water table for purposes of fee
hydrocarbon recovery.' Because of fee •
significantly high quantities of dissolved
hydrocarbons in fee water feat iis• '
returned to the aquifer, immediate  ,
application of fee TC to this ground
water may result in classification of fee
reinjectibn/infiltration as disposal of a
hazardous waste; Iff this occurs, use of
UIC Class V wells [wnicli many of ftese
operations currently use) would no
longer be authorized^ Automatic
redassification of fee well as dass IV
weHs (injection of hazardous waste info
or above an underground source of-
drinking water (DSDWJ would OCCUR in
most cases,. Class IV wells are  „
prohibited under section 302O of RCRA,

C. Environmental Benefits

   The extended compliance date being
promulgated in today's, notice will allow
the Agency to seek and consider all .
pertinent information, concerning
hydrocarbon recovery operations* and
will provide time for the Agency to
develop the best long-term, solution to
protect human, health and fee
environment. The impacts feat RCRA
may have on these operations as a result
of application of the TC {M-, permit  ;
requirements, corrective action notices*
etc.} may prohibit temporarily, if not
.permanently, fee reiaiection/infiltratioa
of ground water which, industry asserts
is an integral part of fee recovery phase
of fee operation* Reiajectionof fee
ground water may serve two main

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40836      Federal Register / Vol. 55. No. 194 / Friday. October 5.
purposes: it facilitates pumping, thus
increasing the recovery rate for free-
floating product, and lessens further
migration Of the contaminant plume
within the aquifer. Without reinjection,
industry argues that the recovery phase
may take longer to complete, there is
probable risk of further contamiriation
of subsurface soils, and the plume of
contaminated ground water is likely to
spread. Furthermore, they argue that it is
not practicable to treat the
contaminated ground water to levels
below those specified in the TC before
its reinjection during the recovery phase
since the water is returned to the aquifer
mixes and equilibrates with the
remaining contaminated ground water
and free-floating product. Therefore, it
attains the same saturation          ,   .
concentration of dissolved hydrocarbon
as was present before pumping and
treatment. The ground water will
continue to attain the high saturation
levels of dissolved hydrocarbon once
returned to the aquifer until the source
of contamination (i.e., the free-floating
product) is removed. Industry argues
that it is both environmentally beneficial
and technically feasible to continue
operation in this manner and, once  .
recovery offree product is complete,
begin ground water and soil
remediation.
D. Interim Final Rule   .*
  EPA is invoking two authorities for
this immediate effective interim final
action. First,.EPA is invoking the good
cause exemptions in sections 553(b)(3)
and 553(d)(3) of the Administrative
Procedure Act to immediately change
the compliance date with requirements
imposed by the TC for wastes involved
in specific product recovery activities.
Second, EPA is invoking the authority in
5 U.S.C. 705. The ground water will not
be a Federal hazardous waste during the
period of the extension. EPA has only
very recently received information -
regarding these operations and believes
that continued operation of these
actions are important for environmental
protection. As discussed above, without
the immediate change of the compliance
date for these operations, such activities
might cease. EPA believes that requiring
these facilities to meet all applicable
RCRA and SDWA requirements by the  ,
September 25,1990 effective date of the
TC rule is both impracticable and
contrary to public interest. Therefore, at
petroleum refineries and marketing
terminals or bulk plants currently
engaged in hydrocarbon recovery
operations Stemming from handling
crude petroleum and immediate
products of petroleum refining, the  r  •
compliance date for the TC is extended'
 until January 25,1991. Facilities with
 existing contracts for construction of
 these operations are also included
 within the scope of today's notice.  •
   EPA is today soliciting comments on
 regulatory approaches for issues
 involved in today's notice and is
 considering further extending the
 compliance requirements under a
 separate regulatory proposal. Until EPA
 evaluates fully the issues involved in
 activities, the Agency believes that the
 current State oversight of these
 activities and continuing Agency
 involvement in these issues will provide
 adequate assurances against
 development of any imminent threat to
 human health and the environment. As
 discussed'above, if such a change is not
• made, environmentally beneficial
 activities would, at a minimum, be
 suspended for many months, possibly
 increasing the potential threat to human
 health and the environment due to
 futher migration of the contamination.

 E. State Authority

 1. Applicability of Rules in Authorized
 States
   Under section 3006 of RCRA, EPA
 may authorize qualified States to
 administer and enforce the RCRA
 program within the State. Following
 authorization, EPA retains enforcement
 authority under section 3008,3013, and
 7003 of RCRA although authorized
 States have primary enforcement
 responsibility. The standards, and . • •• .
 requirements for authorization are.found
 in 40 CFR part 271.
   Prior to HSWA, a State with final
 authorization administered its
 hazardous waste program in lieu of EPA
 administering the Federal program in .
 that State. The Federal requirements no
 longer applied in the authorized State, •
 and EPA could not issue permits for any
 facilities that the State was authorized
 to permit. When hew, more"stringent .
 Federal requirements wers promulgated
 or enacted, the State was obliged to
 enact equivalent authority within
 specified time frames. New Federal
 requirements did not take effect in an
 authorized State until the State adopted
 the requirements as State law. In
 contrast, under RCRA section 3006(g) (42
 U.S.C. 6926(g}), new requirements and
 prohibitions imposed by'HSWA take--
 effect in authorized States at the same
 time that they take effect in ' •
 nonauthorized States. EPA is directed to
 carry out these requirements'and   ;
 prohibitions in authorized States, :
 including the issuance of permits, until
 the State is granted authorization to do
 so. While States must still adopt
 HSWA-related provisions as State law
• to retain final authorization, HSWA
 applies in authorized States in the
 interim.         •

 2. Effect on State Authorizations

  EPA will implement the provisions of
 today's interim final rule in authorized
 States until their programs are modified
 to adopt the final toxicity characteristic
 and the modification to the State's
 program is approved by EPA.
 Implementation of today's interim final
 rule beyond the date of a State's
 receiving final authorization for the
 toxicity characteristic depends upon  . ,
 actions taken by the State, as discussed.
 below. EPA will implement the
 provisions of today's rule in  ; • .  ....--,
 nonauthorized States. Today's rule,,..';,.  .
 extends the compliance date for • • .    -.,
 requirements imposed in the final ..-_.. 1-1
 Toxicity Characteristic final regulation..,
 (see 55 FR11798, March 29,1990} for,',.;. j
 certain hydrocarbon recovery..  .  :.:.-,
 operations..     ...  ; ;     . •  .
   The Toxicity Characteristic was
 promulgated pursuant to a HSWA
 provision  and must be adopted-by •
 States which intend to retain final
 authorization. However,-today's rjule -•
 provides, for 120 days, a less stringent
 standard for certain hydrocarbon '  -,:
 recovery and remediation operations
 than would be imposed in the, final v=('*-.
 Toxicity Characteristic as promulgated!:!
 In order to promote environmentally ,-'-^
 beneficial hydrocarbon recovery . •  •.:
 operations,.today's interim final rule .
 provides that these -wastes would not be.
 hazardous wastes under the Federal .•..-«
 regulations until January 25,1991, and
 States would not be required to mandate
 their management .as such in order to
 retain RCRA authorization. However, V
 Section 3009 of RCRA provides that
 States may impose more stringent
 requirements than those imposed under -
 Federal regulations. States, whether.
 using RCRA authorities (e.g., authorities
 under State law where States have  '.  ',.'.'
 received final authorization to      . ; ...
 implement the toxicity characteristic
 provisions in lieu of their :. . -
 implementation by EPA), or other State
 authorities under other statues, may  •
 impose hazardous waste requirements
 on such operations, or may require either
 more stringent conditions' upon  "•'
 management of these wastes.

 F. Regulatory Requirements

 1. Regulatory Impact Analysis   , .

    Under Executive Order 12291, EPA  ,
 must determine whether a regulation :is
 "major," and therefore subject to the
 requirement of a Regulatory-Impact  ;'-
 Analysis. The overall effect of today's

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             Federal Register / Vol. 55,  No. 194  /  Friday,  October 5, 1990 /Roles and Regulations      40837
 rule is to extend the compliance date for
 requirements imposed by the final
 Toxicity Characteristic rule for certain
 limited hydrocarbon recovery
 operations. No sampling or analysis
 requirements are imposed in today's
 rule. The net effect of this proposal is to
 extend cost savings on a temporary
 basis to certain segments of the
 regulated community. Consequently, no
 regulatory impact analysis is required.

 2. Regulatory Flexibility Act
   Pursuant to the Regulatory Flexibility
 Act, 5 U.S.C. 601-612,  whenever an
 agency is required to publish a General
 Notice of Rulemaking for any proposed
 or final rule, it must prepare and make
 available for public comment a
 regulatory flexibility analysis that
 describes the impact of the rule oh small
 entities (i.e., small businesses, small
 organizations, and small governmental
 jurisdictions). No regulatory flexibility
 analysis is required, however, if the
 head of the Agency certifies that the rule
 will not have a significant impact on a
 substantial number of small entities.
   The extension of the compliance date
 for the Toxicity Characteristic
 requirements promulgated today for
 certain limited hydrocarbon recovery
 activities in this rule is deregulatory in
 nature arid thus will only provide
 beneficial opportunities for entities that
 may be affected by the rule.
 Accordingly, I hereby certify that this
 regulation will not have a significant
 economic impact of a substantial
 number of small entities. This
 regulation, therefore, does not require a
 regulatory flexibility analysis.

 3, Paperwork Reduction Act
  There are no. reporting, notification, or
 recordkeeping (information) provisions
 in this rule. Such provisions, were they
 included, would be submitted for
 approval to the Office  of Management
 and Budget (OMB) under the Paperwork
 Reduction Act, 44 U.S.C. 3501 et seq.

 List of Subjects in 40 CFR Part 281
  Hazardous waste, recycling.
  Dated: September 24,1990.
 William K. Reilly,
Administrator.
  For reasons set out hi the preamble,
 chapter I of title 40 of the CFR part 261 is
 amended as follows:

 PART 261—IDENTIFICATION AND
 LISTING OF HAZARDOUS WASTE

  1. The authority citation for part 261
continues to read as follows:
  Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
   2. Section 261.4 is amended by adding
 paragraph (b)(il) to read as follows: •

 §261.4 Exclusions.
 *    *    *. .   *  •  *  •'
   (b)  *•• *.     "•••..
   (11) Ground water that exhibits the
 Toxicity Characteristic in § 261.24 of
 this part that is reinjected or infiltrated
 pursuant to existing hydrocarbon
 recovery operations undertaken at
 petroleum refineries,- and marketing
 terminals or bulk plants handling crude
 petroleum and immediate products of
 petroleum refining until January 25,1991.
 *****

 [FR Doc. 90-23542 Filed 10-4-90; 8:45 am]
 BILLING CODE 650O-SO-M
 FEDERAL COMMUNICATIONS
 COMMISSION

 47 CFR Part 73

 [MM Docks. No. 89-560; RM-6952]

 Radio Broadcasting Services;
 Dillingham, AK

 AGENCY: Federal Communications
 Commission.
 ACTION: Final rule.

 SUMMARY: This document allots FM
 Channel 256A to Dillingham, Alaska, as
 that community's first local broadcast
 service, in response to a petition for rule
 making filed by Jackson McCormick. See
 54 FR 51424, December 15,1989.
 Coordinates utilized for Channel 256A at
 Dillingham are 59-02-30 and 158-27-30.
 (See Supplementary Information, infra.]
 With this action, the proceeding is
 terminated.
 DATES: Effective November 16,1990; the
 window period for filing applications on
 Channel 256A at Dillingham, Alaska,
 will open on November 17,1990, and
 close on December 17,1990.
 FOR FURTHER INFORMATION CONTACT:
 Nancy Joyner, Mass Media Bureau, (202)
 634-6530. Questions related to the
 window application filing process  '
 should be addressed to the Audio
 Services  Division, FM Branch, Mass
 Media Bureau, (202) 632-0394.
 SUPPLEMENTARY INFORMATION: This is a
 synopsis of the Commission's Report
 and Order, MM Docket No. 89-560,
 adopted September 19,1990, and
released  October 2,1990. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC
Dockets Branch (room 230), 1919 M
Street, NW,, Washington, DC. The
complete text of this decision may also
be purchased from the Commission's
 copy contractors, International   -..-..',.
 Transcription Service, (202) 857-3800,
 2100 M Street, NW., suite 140,        .
 Washington, DC 20037.
   Interested parties should note that the
 petition for rule making hi this
 proceeding was filed prior to October 2,
 1989, and therefore, applicants for   ,
 Channel 256A at Dillingham may avail
 themselves of the provisions of Section
 73.213(c) of the Commission's Rules. See
 47 CFR 73.213(c).

 List of Subjects in 47 CFR Part 73

   Radiobroadcasting.

 47 CFR PART 73—[AMENDED]

   1. The authority citation for part 73   ,
 continues to read as follows:  "•   '•
   Authority: 47 U.S.C. 154,303.

 §73.202  [Amended]
   2. Section 73.202(b), the Table of FM
 Allotments, is amended under Alaska,
 by adding Dillingham, Channel 256A.
 Federal Communications Commission.
 Kathleen B. Levitz,
 Deputy Chief, Policy and Rules Division
 Mass Media Bureau.
 [FR Doc. 90-23666 Filed 10-4-90; 8:45 am]
 BILLING CODE 6712-01-M
 47 CFR Part 73

 [MM Docket No. 89-456; RM-6831]

 Radio Broadcasting Services; Vero
 Beach, FL

 AGENCY: Federal Communications
 Commission.
 ACTION: Final rule.

 SUMMARY: This document, at the request
 of Media VI Flprida, (formerly Treasure
 Coast Media, Inc.), substitutes Channel
 269C3 for Channel 269A at Vero Beach,
 Florida, and modifies its license for
 Station WAVW(FM) to specify
 operation on the higher powered
 channel/See 54 FR 43087, October 20,
 1989. Channel 269C3 can be allotted to
 Vero Beach in compliance with the
 Commission's minimum distance
 separation requirements. The
 coordinates for this allotment are North
Latitude 27-38-18 and West Longitude
80-23-54. With this action; this
proceeding is terminated.  .
EFFECTIVE DATE: November 16,1990.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Walls, Mass Media, (202) 634-
6530.           ,
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission's Report
and Order, MM Docket No. 89-456,

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