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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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45127 

1 Information collection 3060–0029 is expected to 

be submitted to OMB for review and approval at the 

end of August 2009. 

2See 74 FR 37706, July 29, 2009, and 72 FR 

62616, November 6, 2007. 

AM stations to supplement their signals 

with fill-in service from FM translators, 

particularly to overcome nighttime 

signal limitations. This record includes 

the experience of AM stations that have 

been rebroadcasting on FM translators 

pursuant to special temporary authority. 

Those stations reported that they greatly 

increased their service to their local 

communities of service, particularly 

with drive-time traffic and weather 

information and coverage of community 

events taking place at night. 

2. The purpose of the rule changes is 

to improve service by AM stations 

within their current service areas, not to 

expand their service areas. Accordingly, 

the Order provides that no portion of 

the 60 dBu contour of any FM translator 

station rebroadcasting an AM station 

may extend beyond the smaller of: (a) A 

25-mile radius from the AM transmitter 

site; or (b) the 2 mV/m daytime contour 

of the AM station. The Order finds that 

a policy of allowing de minimis 

extensions beyond those limits would 

not serve the public interest. 

3. The Order finds that Class D 

(daytime-only) AM stations should be 

allowed to originate programming over 

fill-in FM translators during the hours 

that their stations are not authorized to 

operate. This rule change is consistent 

with the fundamental purpose of fill-in 

FM translators, which is to provide 

continuity of service within licensed 

service areas. There is also no purpose 

served in applying the daytime-only 

limitation of AM signal propagation to 

FM translators. 

4. The Order addresses comments by 

proponents of low power FM (LPFM) 

service that creating greater demand for 

future FM translator authorizations by 

allowing them to be used by AM as well 

as FM stations could adversely affect 

opportunities for new LPFM stations. 

The Order agrees that flexibility for 

future LPFM filing opportunities will be 

maximized by limiting the rule change 

to FM translator stations that the 

Commission has already authorized. 

Accordingly, the rule change is limited 

to FM translator stations with licenses 

or permits in effect as of May 1, 2009. 

5. As with FM translators used to 

rebroadcast FM stations, the Order finds 

that ownership limits are not necessary 

because the FM translator will not be an 

independent ‘‘voice’’ in the local radio 

market. However, the Order warns that 

the rule change is not intended to allow 

these cross-service translators to be used 

as surrogates for FM stations or to 

circumvent the Commission’s local 

ownership limits. Accordingly, the 

Order states that it will be considered an 

abuse of the Commission’s rules to use 

two or more cross-service translators to 

effectively create a de facto FM station 

or to circumvent the local ownership 

limits. 

6. The full text of document FCC 09– 

59 and copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

Document FCC 09–59 and copies of 

subsequently filed documents in this 

matter also may be purchased from the 

Commission’s duplicating contractor at 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. 

Customers may contact the 

Commission’s duplicating contractor at 

its Web site, http://www.bcpiweb.com, 

or by calling 1–800–378–3160. To 

request materials in accessible formats 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), send an e-mail to 

mailto:fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), or 

(202) 418–0432 (TTY). Document FCC 

09–59 can also be downloaded in Word 

at http://hraunfoss.fcc.gov/ 

edocs_public/attachmatch/FCC-09- 

59A1.doc or Portable Document Format 

(PDF) at http://hraunfoss.fcc.gov/ 

edocs_public/attachmatch/FCC-09- 

59A1.pdf. 

Congressional Review Act 

The Commission will send a copy of 

the 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). 

Final Paperwork Reduction Act of 1995 

Analysis 

The Order contains new and modified 

information collection requirements 

subject to the PRA. The information 

collections 1 have been submitted to 

OMB for review under section 3507 of 

the PRA. OMB, the general public, and 

other Federal agencies were invited to 

comment on the modified information 

collection requirements contained in 

this proceeding.2 In addition, the 

Commission notes pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–298, see 44 U.S.C. 

3506(c)(4), that the Commission 

previously sought specific comment on 

how the Commission may ‘‘further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees.’’ We find that 

the modified information collection 

requirements must apply fully to small 

entities (as well as to others) to ensure 

compliance with our FM translator 

rules, as described in the Order. 

Final Regulatory Flexibility Analysis 

1. As required by the Regulatory 

Flexibility Act, as amended (RFA), an 

Initial Regulatory Flexibility Analysis 

(IRFA) was incorporated in the Notice of 

Proposed Rulemaking (NPRM), 72 FR 

62616, November 6, 2007, in this 

proceeding. The Commission sought 

written public comment on the 

proposals in the NPRM, including 

comment on the IRFA. The Commission 

received no comments on the IRFA. 

This Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

Need for and Objectives of the Rules 

2. The Commission’s previous rules 

precluded an FM translator from 

rebroadcasting the signal of any station 

other than that of any FM radio 

broadcast station or FM translator. The 

NPRM proposed to amend the 

Commission’s rules to allow AM 

broadcast stations to license and operate 

FM translator stations. Based on the 

support for this proposal in the record 

and the experience gained by dozens of 

AM stations operating FM translators 

pursuant to special temporary authority 

as contemplated by the NPRM, the 

Commission concluded that allowing 

AM stations to use currently authorized 

FM translators to provide fill-in service 

will benefit the listening public. 

3. Specifically, allowing AM stations 

to use currently authorized FM 

translator stations to rebroadcast 

programming within their intended 

service areas will benefit the public by 

improving the signal quality and 

availability of AM programming, 

overcoming limitations imposed by 

interference, weak signal strength, 

channel congestion and receiver quality. 

This positive effect will further the goals 

of localism, competition and diversity 

in broadcasting. The use of an FM 

translator is at the option of the 

broadcast licensee, so this is a 

permissive rule change rather than a 

new requirement imposed on licensees. 

4. The Order adopts rule changes 

based on the technical proposal 

submitted by the National Association 

of Broadcasters, which would allow AM 

stations to operate FM translators to 

retransmit their AM service as a fill-in 

service, as long as no portion of the 60 

dBu contour of the FM translator 

extends beyond the lesser of (a) the 2 

mV/m daytime contour of the AM 

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45128 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

station, or (b) the 25-mile radius of the 

AM transmitter site. In order to protect 

opportunities for future LPFM stations 

in the already crowded FM spectrum, 

the Order limits the scope of FM 

translators that can be used to 

retransmit AM programming to those 

FM translators authorized by the 

Commission through licenses or 

construction permits in effect as of May 

1, 2009. 

5. Prior to this Order, the 

Commission’s FM translator rules 

excluded AM stations from eligibility 

for this service. Accordingly, the Order 

adopts certain rule changes necessary to 

expand the purpose and permissible 

service of FM translator stations to 

allow their use as a fill-in service for 

AM radio stations, including: (a) 

Eligibility and ownership rules for FM 

translators, allowing AM licensees to 

acquire fill-in FM translator stations or 

enter into rebroadcast consent 

agreements with FM translator stations 

for fill-in service; and (b) the rule on FM 

translator program origination to allow 

Class D AM stations to originate 

programming on fill-in FM translators 

during the hours that the Class D 

stations are not authorized to operate. 

The Order notes that AM licensees will 

not be allowed to use reserved band FM 

translators or low power FM stations for 

fill-in service. The Order also makes 

clear that the Commission will not 

allow licensees to use combinations of 

FM translator stations to create de facto 

FM stations. 

Legal Basis 

6. The authority for the action taken 

in the Order is contained in sections 1, 

4(i) and (j), 301, 302, 303, 307, 308, 309, 

319, and 324 of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

154(i) and (j), 301, 302, 303, 307, 308, 

309, 319, and 324. 

Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

7. The Commission received no 

comments in direct response to the 

IRFA. However, the Commission 

received comments that discuss issues 

of interest to small entities. These 

comments are discussed in the section 

of this FRFA discussing the steps taken 

to minimize significant negative impact 

on small entities, and the significant 

alternatives considered. Description and 

Estimate of the Number of Small 

Entities to Which the Rules Will Apply. 

8. The RFA directs the Commission to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that will be affected by the 

rules adopted herein. The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small government jurisdiction.’’ In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A small business concern 

is one which: (1) Is independently 

owned and operated; (2) is not 

dominant in its field of operation; and 

(3) satisfies any additional criteria 

established by the SBA. 

9. Radio Stations. The Small Business 

Administration (SBA) defines a radio 

broadcast station as a small business if 

such station has no more than $7 

million in annual receipts. Business 

concerns included in this industry are 

those primarily engaged in broadcasting 

aural programs by radio to the public. 

According to Commission staff review 

of the BIA Publications, Inc. Master 

Access Radio Analyzer Database on 

September 23, 2008, about 10,520 of 

11,012 commercial radio stations (or 

about 95 percent) have revenues of $7 

million or less and thus qualify as small 

entities under the SBA definition. We 

note, however, that, in assessing 

whether a business concern qualifies as 

small under the above definition, 

business (control) affiliations must be 

included. Our estimate, therefore, likely 

overstates the number of small entities 

that might be affected by our action, 

because the revenue figure on which it 

is based does not include or aggregate 

revenues from affiliated companies. 

10. In addition, an element of the 

definition of ‘‘small business’’ is that the 

entity not be dominant in its field of 

operation. We are unable at this time to 

define or quantify the criteria that 

would establish whether a specific radio 

station is dominant in its field of 

operation. Accordingly, the estimate of 

small businesses to which rules may 

apply do not exclude any radio station 

from the definition of a small business 

on this basis and therefore may be overinclusive to that extent. Also as noted, 

an additional element of the definition 

of ‘‘small business’’ is that the entity 

must be independently owned and 

operated. We note that it is difficult at 

times to assess these criteria in the 

context of media entities and our 

estimates of small businesses to which 

they apply may be over-inclusive to this 

extent. 

11. FM translator stations and LPFM 

stations. The same SBA definition that 

applies to radio broadcast licensees 

would apply to FM translator stations 

and LPFM stations. The SBA defines a 

radio broadcast station as a small 

business if such station has no more 

than $7 million in annual receipts. 

12. Currently, there are approximately 

4131 licensed FM translator and booster 

stations and 771 licensed LPFM 

stations. Given the nature of these 

services, we will presume that all of 

these licensees qualify as small entities 

under the SBA definition. 

Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

13. The Order provides for no changes 

in the current application filing and 

processing procedures for FM translator 

stations, except that FCC Forms 303–S, 

345, 349 and 350 (including related 

instructions) will be modified to reflect 

the revised purpose and eligibility 

changes in the rules applicable to FM 

translator stations. Unless otherwise 

indicated, the Order provides for no 

changes in the reporting, recordkeeping 

and other compliance requirements for 

FM translator stations. 

Steps Taken To Minimize Significant 

Negative Impact on Small Entities, and 

Significant Alternatives Considered 

14. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

15. The Report and Order adopts rule 

changes that will benefit some AM radio 

stations by giving them the opportunity 

to address daytime and nighttime 

service problems by using an FM 

translator to provide better signal 

coverage. An example of a daytime 

service problem is interference from a 

man-made source such as fluorescent 

lights and computers. An example of a 

nighttime service problem is skywave 

interference from other AM stations. 

However, the use of FM translator 

stations by AM radio stations is not 

mandatory, and therefore some stations 

may not seek to use an FM translator for 

fill-in service. Other AM stations may 

not be able to locate and purchase an 

FM translator for their service areas. For 

these reasons, the potential benefits of 

the rule changes may not be realized by 

all AM radio stations. 

16. With respect to the issue of the 

possible disparate impact of the 

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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45129 

proposed rules on smaller entities, we 

believe that many small business 

broadcasters will benefit from the 

opportunity to improve their local 

signal coverage as a result of the rule 

changes. The record in the proceeding 

also indicates that for AM radio stations 

using FM translators to provide fill-in 

service, there are benefits in signal 

coverage for smaller as well as larger 

entities. Furthermore, even if some 

smaller AM stations do not opt to use 

fill-in FM translators, the alternative 

benefits to the radio industry in general 

will offset this possible impact of the 

rules we adopt today. As a result of 

using fill-in FM translators, many AM 

stations will become more competitive 

by offering improved and more varied 

programming, much of which may 

advance service to local communities, 

the FM translator service will be 

improved, and the future of LPFM 

service will remain under existing 

protections. 

17. Specifically, the record in the 

proceeding also indicates that licensees 

of FM translator stations will likely 

benefit from the expansion in the scope 

of permitted service by those stations, 

because this will increase the demand 

for, and the value of, their FM 

translators. The record in the 

proceeding includes arguments that the 

rule changes will harm the future 

development of LPFM service by 

limiting the availability of spectrum 

available for that service in future 

application windows. The Order 

acknowledges this potential for harm 

and addresses it by limiting the scope of 

the rule changes to FM translators 

already authorized by the Commission. 

The Commission has noted that the next 

opportunity for filing applications for 

new stations will be for LPFM stations, 

and the limitation adopted in the Order 

maximizes the opportunities that will be 

available to potential LPFM applicants 

in that window. The Order also 

specifically notes that the Commission 

does not intend to allow parties to 

circumvent this limitation through 

special temporary authority for new FM 

translator service to retransmit AM 

station programming. 

18. One issue in the proceeding 

regarding small entities is whether the 

rule changes should be implemented 

immediately for all AM stations or 

phased in based on an AM station’s 

class, ownership or competitive posture. 

The Commission determined that 

phased-in implementation is not 

necessary in light of the limitation of the 

rule change to already authorized FM 

translator stations. The Commission also 

found that the public interest benefits 

and the benefits to AM station operators 

will be realized more quickly with 

immediate implementation than with 

phased-in implementation because 

those benefits will be available at once 

to all AM licensees instead of being 

made available over time to different 

types of licensees. 

Ordering Clauses 

Accordingly, it is ordered that 

pursuant to the authority contained in 

sections 1, 4(i) and (j), 301, 302, 303, 

307, 308, 309, 319, and 324 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i) and (j), 

301, 302, 303, 307, 308, 309, 319, and 

324, this Report and Order and the rule 

modifications attached hereto as 

Appendix A ARE ADOPTED, effective 

October 1, 2009. However, the 

information collection requirements 

contained in the Report and Order will 

become effective following Office of 

Management and Budget (OMB) 

approval. It is our intention in adopting 

these rule changes that, if any of the 

rules that we retain, modify or adopt 

today, or the application thereof to any 

person or circumstance, are held to be 

unlawful, the remaining portions of the 

rules not be deemed unlawful, and the 

application of such rules to other 

persons or circumstances, shall remain 

in effect to the fullest extent permitted 

by law. 

It is further ordered that the ‘‘Petition 

for Rulemaking of the National 

Association of Broadcasters,’’ RM– 

11338 (filed July 14, 2006) is granted to 

the extent indicated herein and is 

otherwise denied. 

It is further ordered that the ‘‘Petition 

for Rulemaking of the American 

Community AM Broadcasters 

Association,’’ RM–9419 (filed August 

13, 1997) is dismissed. 

It is further ordered that the Media 

Bureau will cancel all AM rebroadcast 

STAs and dismiss all pending AM 

rebroadcast STA requests as of the 

effective date of this Report and Order. 

It is further ordered that the Reference 

Information Center, Consumer 

Information Bureau, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 74 

Communications equipment, 

Education, Radio, Reporting and 

recordkeeping requirements, Research, 

Television. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rule Changes 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Part 74 as 

follows: 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 1. The authority citation for part 74 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 307, 336(f), 

336(h) and 554. 

■ 2. Section 74.1201 is amended by 

revising paragraphs (a), (b), (c), (d), (e), 

and (g), and adding paragraph (j) to read 

as follows: 

§ 74.1201 Definitions. 

(a) FM translator. A station in the 

broadcasting service operated for the 

purpose of retransmitting the signals of 

an AM or FM radio broadcast station or 

another FM broadcast translator station 

without significantly altering any 

characteristics of the incoming signal 

other than its frequency and amplitude, 

in order to provide radio broadcast 

service to the general public. 

(b) Commercial FM translator. An FM 

broadcast translator station which 

rebroadcasts the signals of a commercial 

AM or FM radio broadcast station. 

(c) Noncommercial FM translator. An 

FM broadcast translator station which 

rebroadcasts the signals of a 

noncommercial educational AM or FM 

radio broadcast station. 

(d) Primary station. The AM or FM 

radio broadcast station radiating the 

signals which are retransmitted by an 

FM broadcast translator station or an 

FM broadcast booster station. 

(e) AM or FM radio broadcast station. 

When used in this Subpart L, the term 

AM broadcast station or AM radio 

broadcast station or FM broadcast 

station or FM radio broadcast station 

refers to commercial and 

noncommercial educational AM or FM 

radio broadcast stations as defined in 

§ 2.1 of this chapter, unless the context 

indicates otherwise. 

* * * * * 

(g) Translator coverage contour. For a 

fill-in FM translator rebroadcasting an 

FM radio broadcast station as its 

primary station, the FM translator’s 

coverage contour must be contained 

within the primary station’s coverage 

contour. For purposes of this rule 

section, the coverage contour of the FM 

translator has the same field strength 

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45130 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 

value as the protected contour of the 

primary FM station (i.e., for a 

commercial Class B FM station it is the 

predicted 0.5 mV/m field strength 

contour, for a commercial Class B1 FM 

station it is the predicted 0.7 mV/m 

field strength contour, and for all other 

classes of FM stations it is the predicted 

1 mV/m field strength contour). The 

coverage contour of an FM translator 

rebroadcasting an AM radio broadcast 

station as its primary station must be 

contained within the lesser of the 2 mV/ 

m daytime contour of the AM station 

and a 25-mile (40 km) radius centered 

at the AM transmitter site. The 

protected contour for an FM translator 

station is its predicted 1 mV/m contour. 

* * * * * 

(j) AM Fill-in area. The area within 

the lesser of the 2 mV/m daytime 

contour of the AM radio broadcast 

station being rebroadcast and a 25-mile 

(40 km) radius centered at the AM 

transmitter site. 

■ 3. Section 74.1231 is amended by 

redesignating paragraph (h) as 

paragraph (i); adding new paragraph (h); 

and revising paragraphs (a) and (b) to 

read as follows: 

§ 74.1231 Purpose and permissible 

service. 

(a) FM translators provide a means 

whereby the signals of AM or FM 

broadcast stations may be retransmitted 

to areas in which direct reception of 

such AM or FM broadcast stations is 

unsatisfactory due to distance or 

intervening terrain barriers, and a means 

for AM Class D stations to continue 

operating at night. 

(b) An FM translator may be used for 

the purpose of retransmitting the signals 

of a primary AM or FM radio broadcast 

station or another translator station the 

signal of which is received directly 

through space, converted, and suitably 

amplified, and originating programming 

to the extent authorized in paragraphs 

(f), (g), and (h) of this section. However, 

an FM translator providing fill-in 

service may use any terrestrial facilities 

to receive the signal that is being 

rebroadcast. An FM booster station or a 

noncommercial educational FM 

translator station that is operating on a 

reserved channel (Channels 201–220) 

and is owned and operated by the 

licensee of the primary noncommercial 

educational station it rebroadcasts may 

use alternative signal delivery means, 

including, but not limited to, satellite 

and terrestrial microwave facilities. 

Provided, however, that an applicant for 

a noncommercial educational translator 

operating on a reserved channel 

(Channel 201–220) and owned and 

operated by the licensee of the primary 

noncommercial educational AM or FM 

station it rebroadcasts complies with 

either paragraph (b)(1) or (b)(2) of this 

section: 

(1) The applicant demonstrates that: 

(i) The transmitter site of the 

proposed FM translator station is within 

80 kilometers of the predicted 1 mV/m 

contour of the primary station to be 

rebroadcast; or, 

(ii) The transmitter site of the 

proposed FM translator station is more 

than 160 kilometers from the transmitter 

site of any authorized full service 

noncommercial educational FM station; 

or, 

(iii) The application is mutually 

exclusive with an application 

containing the showing as required by 

paragraph 74.1231(b)(2) (i) or (ii) of this 

section; or, 

(iv) The application is filed after 

October 1, 1992. 

(2) If the transmitter site of the 

proposed FM translator station is more 

than 80 kilometers from the predicted 1 

mV/m contour of the primary station to 

be rebroadcast or is within 160 

kilometers of the transmitter site of any 

authorized full service noncommercial 

educational FM station, the applicant 

must show that: 

(i) An alternative frequency can be 

used at the same site as the proposed 

FM translator’s transmitter location and 

can provide signal coverage to the same 

area encompassed by the applicant’s 

proposed 1 mV/m contour; or, 

(ii) An alternative frequency can be 

used at a different site and can provide 

signal coverage to the same area 

encompassed by the applicant’s 

proposed 1 mV/m contour. 

Note: For paragraphs 74.1231(b) and 

74.1231(i) of this section, auxiliary intercity 

relay station frequencies may be used to 

deliver signals to FM translator and booster 

stations on a secondary basis only. Such use 

shall not interfere with or otherwise preclude 

use of these frequencies for transmitting aural 

programming between the studio and 

transmitter location of a broadcast station, or 

between broadcast stations, as provided in 

paragraphs 74.531 (a) and (b) of this part. 

Prior to filing an application for an auxiliary 

intercity relay microwave frequency, the 

applicant shall notify the local frequency 

coordination committee, or, in the absence of 

a local frequency coordination committee, 

any licensees assigned the use of the 

proposed operating frequency in the 

intended location or area of operation. 

* * * * * 

(h) An FM translator station that 

rebroadcasts a Class D AM radio 

broadcast station as its primary station 

may originate programming during the 

hours the primary station is not 

operating, subject to the provisions of 

§ 74.1263(b) of this part. 

* * * * * 

■ 4. Section 74.1232 is amended by 

adding the following sentences to the 

end of paragraph (d) to read as follows: 

§ 74.1232 Eligibility and licensing 

requirements. 

* * * * * 

(d) * * * 

An FM translator providing service to 

an AM fill-in area will be authorized 

only to the permittee or licensee of the 

AM radio broadcast station being 

rebroadcast, or, in the case of an FM 

translator authorized to operate on an 

unreserved channel, to a party with a 

valid rebroadcast consent agreement 

with such a permittee or licensee to 

rebroadcast that station as the 

translator’s primary station. In addition, 

any FM translator providing service to 

an AM fill-in area must have been 

authorized by a license or construction 

permit in effect as of May 1, 2009. A 

subsequent modification of any such 

FM translator will not affect its 

eligibility to rebroadcast an AM signal. 

* * * * * 

■ 5. Section 74.1263 is amended by 

revising paragraph (b) to read as follows: 

§ 74.1263 Time of operation. 

* * * * * 

(b) An FM booster or FM translator 

station rebroadcasting the signal of an 

AM or FM primary station shall not be 

permitted to radiate during extended 

periods when signals of the primary 

station are not being retransmitted. 

Notwithstanding the foregoing, FM 

translators rebroadcasting Class D AM 

stations may continue to operate during 

nighttime hours only if the AM station 

has operated within the last 24 hours. 

* * * * * 

■ 6. Section 74.1284 is amended by 

revising paragraphs (b) and (c) to read 

as follows: 

§ 74.1284 Rebroadcasts. 

* * * * * 

(b) The licensee of an FM translator 

shall not rebroadcast the programs of 

any AM or FM broadcast station or other 

FM translator without obtaining prior 

consent of the primary station whose 

programs are proposed to be 

retransmitted. The Commission shall be 

notified of the call letters of each station 

rebroadcast and the licensee of the FM 

translator shall certify that written 

consent has been received from the 

licensee of the station whose programs 

are retransmitted. 

(c) An FM translator is not authorized 

to rebroadcast the transmissions of any 

class of station other than an AM or FM 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 45131 

broadcast station or another FM 

translator. 

[FR Doc. E9–21049 Filed 8–31–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0809251266–81485–02] 

RIN 0648–XR11 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for the 

Commonwealth of Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2009 summer flounder commercial 

quota allocated to the Commonwealth of 

Massachusetts has been harvested. 

Vessels issued a commercial Federal 

fisheries permit for the summer 

flounder fishery may not land summer 

flounder in Massachusetts for the 

remainder of calendar year 2009, unless 

additional quota becomes available 

through a transfer from another state. 

Regulations governing the summer 

flounder fishery require publication of 

this notification to advise Massachusetts 

that the quota has been harvested and to 

advise vessel permit holders and dealer 

permit holders that no commercial 

quota is available for landing summer 

flounder in Massachusetts. 

DATES: Effective 0001 hours, September 

1, 2009, through 2400 hours, December 

31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Bland, Fishery Management 

Specialist,(978) 281–9257. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.100. 

The initial total commercial quota for 

summer flounder for the 2009 calendar 

year was set equal to 11,070,001 lb 

(5,021 mt) (74 FR 29, January 2, 2009). 

The percent allocated to vessels landing 

summer flounder in Massachusetts is 

6.82046 percent, resulting in a 

commercial quota of 755,025 lb (342 

mt). The 2009 allocation was reduced to 

702,614 lb (319 mt) when research setaside and 2008 quota overages were 

deducted. 

Section 648.101(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing summer flounder 

in that state. The Regional 

Administrator has determined, based 

upon dealer reports and other available 

information, that Massachusetts has 

harvested its quota for 2009. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

summer flounder in any state that the 

Regional Administrator has determined 

no longer has commercial quota 

available. Therefore, effective 0001 

hours, September 1, 2009, further 

landings of summer flounder in 

Massachusetts by vessels holding 

summer flounder commercial Federal 

fisheries permits are prohibited for the 

remainder of the 2009 calendar year, 

unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, September 1, 

2009, federally permitted dealers are 

also notified that they may not purchase 

summer flounder from federally 

permitted vessels that land in 

Massachusetts for the remainder of the 

calendar year, or until additional quota 

becomes available through a transfer 

from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 27, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–21052 Filed 8–27–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

RIN 0648–XL60 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Loan Program for 

Crab Quota Share; Amendment 33 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule: agency decision. 

SUMMARY: NMFS announces the 

approval of Amendment 33 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (FMP). Amendment 33 amends 

the FMP to allow NMFS to reduce the 

amount of fees collected under the Crab 

Rationalization Program to the amount 

needed to finance the Federal loan 

program for quota share purchase. The 

amendment provides NMFS with the 

flexibility to reserve only the amount of 

fees necessary to support the loan 

program, including no fees if none are 

needed. This FMP amendment does not 

require modifications to Federal 

regulations. 

DATES: This agency decision is effective 

on August 24, 2009. 

ADDRESSES: Electronic copies of 

Amendment 33 and the Categorical 

Exclusion for this action may be 

obtained from the NMFS Alaska Region 

website at http:// 

alaskafisheries.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hartman, 907–586–7442. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires that 

each regional fishery management 

council submit any fishery management 

plan amendment it prepares to NMFS 

for review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

a fisheries management plan 

amendment, immediately publish a 

notice in the Federal Register 

announcing that the amendment is 

available for public review and 

comment. 

In April 2008, the North Pacific 

Fishery Management Council (Council) 

unanimously recommended 

Amendment 33, and on May 19, 2009, 

submitted Amendment 33 to the Fishery 

Management Plan for Bering Sea/ 

mstockstill on DSKH9S0YB1PROD with RULES