# [Amended]
**AGENCY:**
Federal Communications Commission.
**ACTION:**
Final rule.
**SUMMARY:**
The staff grants a rulemaking petition filed by Shirk-Mays, LLC to allot Channel 264C2 to Kihei, Hawaii, as a third local aural service. The reference coordinates for Channel 264C2 at Kihei, Hawaii, are 20-39-36 NL and 156-21-50 WL.
**DATES:**
Effective June 1, 2009.
**ADDRESSES:**
Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554.
**FOR FURTHER INFORMATION CONTACT:**
Andrew J. Rhodes, Media Bureau, (202) 418-2180.
**SUPPLEMENTARY INFORMATION:**
This is a synopsis of the Commission's *Report and Order,* MB Docket No. 08-217, adopted April 15, 2009, and released April 17, 2009. The full text of this *Report and Order* is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.*
The *Notice of Proposed Rule Making* in this proceeding proposed the allotment of Channel 264C2 at Kihei, Hawaii. *See* 73 FR 67828 (November 17, 2008). The *Report and Order* does not contain proposed 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). The Commission will send a copy of the Report and Order in this proceeding in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A).
**List of Subjects in 47 CFR Part 73**
Radio, Radio broadcasting.
**47 CFR Part 73**
As stated in the preamble, the Federal Communications Commission amends 47 CFR Part 73 as follows:
**PART 73—RADIO BROADCAST SERVICES**
1. The authority for Part 73 continues to read as follows:
**Authority:**
47 U.S.C. 154, 303, 334, 336.
**47 CFR Part 73**
§73.202
2. Section 73.202(b), the Table of FM Allotments under Hawaii, is amended by adding Channel 264C2 at Kihei.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.