[Federal Register Volume 72, Number 151 (Tuesday, August 7, 2007)]
[Rules and Regulations]
[Pages 44031-44032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15263]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1740

RIN 0572-ACO2


Public Television Station Digital Transition Grant Program

AGENCY: Rural Utilities Service, Agriculture.

ACTION: Final rule.

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SUMMARY: This rule adopts as final, the interim final rule published in 
the Federal Register, (71 FR 3205) on January 20, 2006. The Rural 
Utilities Service, an agency which administers USDA Rural Development's 
Utilities Programs (hereinafter ``USDA Rural Development'' or the 
``Agency'') is publishing this final rule to allow the Agency to make 
grants to enable Public Television Stations in rural areas to replace 
current analog television broadcasting equipment with digital 
television broadcasting equipment as part of the national transition to 
digital television service.

DATES: This rule is effective on August 7, 2007.

FOR FURTHER INFORMATION CONTACT: Orren E. Cameron III, Director, 
Advanced Services Division, USDA Rural Development, Room 2845-S, 1400 
Independence Avenue, SW., STOP 1550, Washington, DC, 20250-1550. 
Telephone: 202-690-4493. FAX: 202-720-10551. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: An interim final rule establishing 7 CFR 
part 1740, was published in the Federal Register on January 20, 2006 
(71 FR 3205). The rule outlined statutory

[[Page 44032]]

requirements for applicants of the Public Television Station Digital 
Transition Grant program. A 60-day comment period was provided and 
ended on March 21, 2006. One comment was received which supported the 
rule.
    At the time of publishing the Interim Final rule, the date for 
digital transition was December 31, 2006. On February 8, 2006, however, 
Congress passed the ``Digital Television Transition and Public Safety 
Act of 2005'' (see Title III of the Deficit Reduction Act of 2005, Pub. 
L. 109-171) which created a new deadline date of February 17, 2009, for 
the cessation of analog television broadcasts, when all television 
stations will broadcast entirely in digital. Based on the rationale set 
forth in the interim final rule, the Agency now adopts the interim 
final rule, as the final rule.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866, and therefore has not been reviewed 
by the Office of Management and Budget (OMB).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance (CFDA) Program number 
assigned to the Public Television Station Digital Transition Grant 
Program is 10.861. The Catalog is available on a subscription basis 
from the Superintendent of Documents, the United States Government 
Printing Office, Washington, DC 20402-9325, telephone number (202) 512-
1800.

Executive Order 12372

    This program is not subject to the requirements of Executive Order 
12372, ``Intergovernmental Review of Federal Programs,'' as implemented 
under USDA's regulations at 7 CFR part 3015.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. RUS has determined that this final rule meets the 
applicable standards provided in section 3 of the Executive Order. In 
addition, all state and local laws and regulations that are in conflict 
with this rule will be preempted, no retroactive effect will be given 
to this rule, and, in accordance with Section 212(e) of the Department 
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), 
administrative appeal procedures, if any, must be exhausted before an 
action against the Department or its agencies may be initiated.

Executive Order 13132 Federalism

    The policies contained in this final rule do not have any 
substantial direct effect on states, on the relationship between the 
national government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
final rule impose substantial direct compliance costs on state and 
local governments. Therefore, consultation with states is not required.

Regulatory Flexibility Certification

    Pursuant to 5 U.S.C. 553(a)(2), this final rule related to grants 
is exempt from the rulemaking requirements of the Administrative 
Procedure Act (5 U.S.C. 551 et seq.), including the requirement to 
provide prior notice and an opportunity for public comment. Because 
this interim final rule is not subject to a requirement to provide 
prior notice and an opportunity for public comment pursuant to 5 U.S.C. 
553, or any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable.

Unfunded Mandates

    This final rule contains no Federal mandates (under the regulatory 
provision of Title II of the Unfunded Mandates Reform Act of 1995) for 
State, local, and tribal governments or the private sector. Therefore, 
this interim final rule is not subject to the requirements of sections 
202 and 205 of the Unfunded Mandates Reform Act of 1995.

Environmental Impact Statement

    This final rule has been examined under Agency environmental 
regulations at 7 CFR part 1794. The Administrator has determined that 
this action is not a major Federal action significantly affecting the 
environment. Therefore, in accordance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), an Environmental Impact 
Statement or Assessment is not required.

Information Collection and Recordkeeping Requirements

    This final rule contains no new reporting or recordkeeping burdens 
under OMB control number 0572-0134 that would require approval under 
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

List of Subjects in 7 CFR Part 1740

    Grant programs--Communications, Digital television; Rural areas; 
Television.

PART 1740--PUBLIC TELEVISION STATION DIGITAL TRANSITION GRANT 
PROGRAM

0
Accordingly, the interim final rule adding 7 CFR part 1740, which was 
published at 71 FR 3205 on January 20, 2006, is adopted as a final rule 
without change.

    Dated: July 11, 2007.
James M. Andrew,
Administrator, Rural Utilities Service.
 [FR Doc. E7-15263 Filed 8-6-07; 8:45 am]
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