45122 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add new temporary § 165.T08– 

0561 to read as follows: 

§ 165.T08–0561 Safety Zone; Lower 

Mississippi River, USACE Revetment, Mile 

Marker 869 to 303. 

(a) Location. The following area is a 

safety zone: 0.5 mile downriver and 0.5 

mile upriver from the 2009 U.S. Army 

Corps of Engineers (USACE) revetment 

work throughout the Lower Mississippi 

River, beginning at mile marker 869.0 

and ending at mile marker 303.0, 

extending the entire width of the river 

during revetment operations. A mooring 

barge and spar barge will be 

perpendicular to the shore, and a work 

barge with a supply barge will be 

parallel to the shore and tied off to the 

mooring barge. The work barge utilizes 

large cranes in conjunction with 

bulldozers on the river bank to lay the 

mat. A Broadcast Notice to Mariners 

will be used by the Captain of the Port 

(COTP) Lower Mississippi River to 

identify specific locations of the USACE 

M/V and revetment locations. 

(b) Effective dates. This section is 

effective from 6 a.m. on July 4, 2009, 

until 6 p.m. on November 1, 2009, or 

until the USACE revetment work is 

complete. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone by vessels 

or mariners is prohibited unless 

authorized by the COTP Lower 

Mississippi River or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the COTP Lower 

Mississippi River or a designated 

representative. They may be contacted 

on VHF–FM Channel 16, or by 

telephone at (866) 777–2784. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP Lower Mississippi River and 

designated personnel. ‘‘Designated 

personnel’’ include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard. 

Dated: July 28, 2009. 

M.S. Gardiner, 

Captain, U.S. Coast Guard, Captain of the 

Port Lower Mississippi River. 

[FR Doc. E9–21022 Filed 8–31–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8089] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45123 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region III 

Virginia: 

Frederick County, Unincorporated 

Areas.

510063 November 5, 1973, Emerg; July 17, 1978, 

Reg; September 2, 2009, Susp. 

Sept. 2, 2009 .... Sept. 2, 2009 

Middletown, Town of, Frederick County 510274 February 24, 1975, Emerg; August 3, 1984, 

Reg; September 2, 2009, Susp. 

......do* .............. Do. 

Norfolk, City of, Independent City County.510104 August 15, 1973, Emerg; August 1, 1979, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

mstockstill on DSKH9S0YB1PROD with RULES

45124 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Stephens City, Town of, Frederick 

County.

510064 June 17, 1975, Emerg; September 10, 

1984, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Winchester, City of, Independent City 

County.

510173 September 6, 1974, Emerg; November 15, 

1978, Reg; September 2, 2009, Susp. 

......do ............... Do. 

West Virginia: 

Bayard, Town of, Grant County ............ 540240 October 3, 1975, Emerg; August 10, 1979, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Hardy County, Unincorporated Areas ... 540051 May 16, 1978, Emerg; June 19, 1985, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Moorefield, Town of, Hardy County ...... 540052 May 12, 1975, Emerg; July 1, 1987, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Petersburg, Town of, Grant County ...... 540039 April 18, 1975, Emerg; June 18, 1987, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Wardensville, Town of, Hardy County ... 540245 April 17, 1975, Emerg; August 1, 1987, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Region IV 

Georgia: 

Arlington, City of, Calhoun, Early County.130026 November 3, 1975, Emerg; June 3, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Brooks County, Unincorporated Areas .. 130281 May 3, 1982, Emerg; May 3, 1982, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Calhoun County, Unincorporated Areas 130571 August 10, 1999, Emerg; NA, Reg; September 2, 2009, Susp. ......do ............... Do. 

Dawson, City of, Terrell County ............ 130509 September 27, 1994, Emerg; NA, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Early County, Unincorporated Areas ..... 130499 February 28, 1991, Emerg; August 2, 1995, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Edison, City of, Calhoun County ........... 130085 September 14, 2007, Emerg; NA, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Lee County, Unincorporated Areas ....... 130122 May 1, 1975, Emerg; May 15, 1991, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Leesburg, City of, Lee County .............. 130348 March 3, 1976, Emerg; June 17, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

North High Shoals, Town of, Oconee 

County.

130368 October 28, 1983, Emerg; September 1, 

1986, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Oconee County, Unincorporated Areas 130453 October 16, 1975, Emerg; July 17, 1989, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Quitman, City of, Brooks County ........... 130015 December 26, 1973, Emerg; April 1, 1982, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Reynolds, Town of, Taylor County ........ 130527 NA, Emerg; June 19, 2003, Reg; September 2, 2009, Susp. ......do ............... Do. 

Smithville, City of, Lee County .............. 130349 January 18, 1983, Emerg; June 4, 1987, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Taylor County, Unincorporated Areas ... 130522 NA, Emerg; February 13, 1997, Reg; September 2, 2009, Susp. ......do ............... Do. 

Terrell County, Unincorporated Areas ... 130400 February 13, 1997, Emerg; NA, Reg; September 2, 2009, Susp. ......do ............... Do. 

Watkinsville, City of, Oconee County .... 130369 March 18, 1976, Emerg; August 19, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Kentucky: 

McCreary County, Unincorporated 

Areas.

210343 November 19, 1996, Emerg; NA, Reg; September 2, 2009, Susp. ......do ............... Do. 

Monticello, City of, Wayne County ........ 210221 July 2, 1975, Emerg; September 18, 1985, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Morganfield, City of, Union County ....... 210216 July 23, 1975, Emerg; September 1, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Shelby County, Unincorporated Areas .. 210209 August 23, 1996, Emerg; September 1, 

2001, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Shelbyville, City of, Shelby County ....... 210376 June 9, 1997, Emerg; NA, Reg; September 

2, 2009, Susp. 

......do ............... Do. 

Sturgis, City of, Union County ............... 210217 April 8, 1975, Emerg; September 1, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Union County, Unincorporated Areas ... 210301 December 21, 2005, Emerg; NA, Reg; September 2, 2009, Susp. ......do ............... Do. 

Uniontown, Town of, Union County ...... 210218 May 23, 1997, Emerg; April 1, 1998, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

North Carolina: 

Alleghany County, Unincorporated 

Areas.

370004 December 23, 2002, Emerg; February 1, 

2004, Reg; September 2, 2009, Susp. 

......do ............... Do. 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45125 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Sparta, Town of, Alleghany County ...... 370005 April 27, 1977, Emerg; July 3, 1986, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Region VI 

Texas: 

Bulverde, City of, Comal County ........... 481681 NA, Emerg; March 24, 1998, Reg; September 2, 2009, Susp. ......do ............... Do. 

Comal County, Unincorporated Areas .. 485463 March 5, 1971, Emerg; November 9, 1973, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

New Braunfels, City of, Comal County 485493 December 4, 1970, Emerg; December 1, 

1972, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Region VII 

Kansas: 

Great Bend, City of, Barton County ...... 200019 February 24, 1977, Emerg; May 16, 1983, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Hoisington, City of, Barton County ........ 200020 February 21, 1975, Emerg; February 5, 

1986, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Pawnee Rock, City of, Barton County .. 200021 May 10, 1976, Emerg; January 14, 1977, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Region VIII 

North Dakota: 

Bottineau, City of, Bottineau County ..... 380007 July 1, 1974, Emerg; September 28, 1979, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Haram, Township of, Bottineau County 380673 May 16, 1983, Emerg; January 2, 1987, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Lansford, City of, Bottineau County ...... 380184 February 5, 1979, Emerg; August 12, 1980, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Lansford, Township of, Bottineau County.380675 June 1, 1983, Emerg; August 19, 1987, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Newborg, Township of, Bottineau County.380668 April 5, 1983, Emerg; January 16, 1987, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Souris, City of, Bottineau County .......... 380010 August 12, 1977, Emerg; March 18, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Willow City, City of, Bottineau County .. 380011 May 27, 1976, Emerg; September 28, 1979, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

South Dakota: 

Baltic, Town of, Minnehaha County ...... 460058 January 17, 1980, Emerg; November 19, 

1980, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Brandon, City of, Minnehaha County .... 460296 February 9, 1977, Emerg; July 10, 1979, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Dell Rapids, City of, Minnehaha County 460059 December 17, 1974, Emerg; August 15, 

1980, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Hanson County, Unincorporated Areas 460270 February 26, 1997, Emerg; July 1, 1998, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Hutchinson County, Unincorporated 

Areas.

460041 June 27, 1986, Emerg; April 1, 1987, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Lake County, Unincorporated Areas ..... 460276 March 20, 1979, Emerg; August 5, 1986, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Madison, City of, Lake County .............. 460044 May 15, 1975, Emerg; July 5, 1982, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

Menno, City of, Hutchinson County ...... 460199 July 28, 1975, Emerg; November 15, 1985, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Minnehaha County, Unincorporated 

Areas.

460057 November 11, 1974, Emerg; September 5, 

1979, Reg; September 2, 2009, Susp. 

......do ............... Do. 

Parkston, City of, Hutchinson County ... 460042 June 27, 1975, Emerg; November 15, 1985, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Sioux Falls, City of, Minnehaha County 460060 April 12, 1974, Emerg; January 17, 1979, 

Reg; September 2, 2009, Susp. 

......do ............... Do. 

Valley Springs, City of, Minnehaha 

County.

460221 April 3, 1978, Emerg; July 16, 1980, Reg; 

September 2, 2009, Susp. 

......do ............... Do. 

*......do = Ditto. 

mstockstill on DSKH9S0YB1PROD with RULES

45126 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

Code for reading third column: 

Emerg.—Emergency; Reg.—Regular; 

Susp.—Suspension. 

Dated: August 24, 2009. 

Deborah Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–21024 Filed 8–31–09; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1828; MB Docket No. 09–118; RM– 

11545] 

Television Broadcasting Services; Ann 

Arbor, Michigan 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by ION 

Media Licensee Company, LLC, DebtorIn-Possession (‘‘ION’’), the licensee of 

WPXD–TV, digital channel 31, Ann 

Arbor, Michigan. ION requests the 

substitution of digital channel 50 for 

digital channel 31 at Ann Arbor. 

DATES: This rule is effective September 

1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–118, 

adopted August 12, 2009, and released 

August 18, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 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 

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 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order 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 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Michigan, is amended by adding 

DTV channel 50 and removing DTV 

channel 31 at Ann Arbor. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–21050 Filed 8–31–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[MB Docket No. 07–172; FCC 09–59] 

Amendment of Service and Eligibility 

Rules for FM Broadcast Translator 

Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The FCC amended its FM 

translator rules to allow AM stations to 

use currently authorized FM translators 

for ‘‘fill-in’’ service within their current 

coverage areas, to help them provide a 

listenable signal to their listeners and 

better serve their local communities. 

DATES: Effective October 1, 2009, except 

for 47 CFR 74.1284, which affects 

information collection requirements that 

are not effective until approved by the 

Office of Management and Budget 

(OMB). The FCC will publish a 

document in the Federal Register 

announcing the effective date for that 

section. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Tom 

Hutton (legal issues) or James Bradshaw 

(engineering issues), Media Bureau, 

Federal Communications Commission, 

(202) 418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order) in MB Docket No. 07– 

172, FCC 09–59, adopted and released 

June 29, 2009, Amendment of Service 

and Eligibility Rules for FM Broadcast 

Translator Stations. Previously, FM 

translators were only authorized to 

rebroadcast FM radio stations and other 

FM translator stations. The rule changes 

in the Order allow FM translators to 

rebroadcast AM radio stations within 

those stations’ current coverage areas. In 

addition, AM stations with daytimeonly facilities will be allowed to 

originate programming on such FM 

translators during periods when the AM 

stations are not operating. These 

changes are intended to help AM 

stations provide a listenable signal 

throughout their current coverage areas 

and better serve the listening public. 

Synopsis of Order 

1. The Order describes several 

limitations and competitive challenges 

that AM stations face. The emergence of 

higher fidelity sources of audio 

programming, including FM broadcasts, 

satellite radio, personal media players 

and podcasts and audio streams 

provided through the Internet, has 

eroded the audience for AM stations, 

particularly among younger age groups. 

Sources of man-made interference have 

multiplied, creating a higher level of 

interference to AM signals at all hours. 

Skywave interference creates even 

greater problems starting before sunset 

and continuing after sunrise. Although 

the Commission has undertaken AM 

improvement efforts in the past, those 

efforts have not overcome the 

fundamental problems of AM radio and 

the erosion of the AM radio audience 

has increased to a point not previously 

experienced. The Order finds that the 

record in this proceeding clearly 

indicates a strong need and desire by 

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