46382 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 1, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.361 is amended by 

revising the introductory text to 

paragraph (a) and adding alphabetically 

an entry for ‘‘olive’’ to the table in 

paragraph (a) to read as follows: 

§ 180.361 Pendimethalin; tolerance for 

residues. 

(a) General. Tolerances are 

established for the combined residues of 

pendimethalin, [N-(1-ethylpropyl)-3,4- 

dimethyl-2,6-dinitrobenzenamine], 

including its metabolites and 

degradates. Compliance with the 

tolerance levels specified is to be 

determined by measuring only 

pendimethalin, [N-(1-ethylpropyl)-3,4- 

dimethyl-2,6-dinitrobenzenamine] and 

its metabolite 4-[(1-ethylpropyl)amino]- 

2-methyl-3,5-dinitrobenzyl alcohol 

expressed as the stoichiometric 

equivalent of pendimethalin, in or on 

the following raw agricultural 

commodities. 

Commodity Parts per million 

* * * * * 

Olive ................................ 0.1 

* * * * * 

* * * * * 

[FR Doc. E9–21719 Filed 9–8–09; 8:45 am] 

BILLING CODE 6560–50–S 

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; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with 47 CFR 74.1284, FCC 

Form 303–S and FCC Form 345. 

Therefore, this rule and forms will take 

effect on October 1, 2009. On September 

1, 2009, the Commission published the 

summary document of the Report and 

Order, In the Matter of the Amendment 

of Service and Eligibility Rules for FM 

Broadcast Translator Stations, MB 

Docket No. 07–172, FCC 09–59, at 74 FR 

45126. The Ordering Clause of the 

Report and Order stated that the 

Commission would publish a notice in 

the Federal Register announcing when 

OMB approval for Section 74.1284 and 

information collection requirements 

(revisions to FCC Form 303–S and 345) 

have been received and when the 

revised rule and requirements will take 

effect. This notice is consistent with the 

statement in the Report and Order. 

FCC Form 349 has not received OMB 

approval to date. The Commission will 

publish a notice in the Federal Register 

announcing when OMB approval has 

been received. 

DATES: The amendments to 47 CFR 

74.1284, published September 1, 2009 

(74 FR 45130) are effective on October 

1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams, cathy.williams@fcc.gov 

or on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on 

September 1, 2009, OMB approved, for 

a period of three years, the information 

collection requirement(s) contained in 

Section 74.1284 of the rules and 

revisions to FCC Forms 303–S and 345. 

The Commission publishes this notice 

to announce the effective date of this 

rule and requirements. If you have any 

comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street, SW, Washington, 

DC 20554. Please include OMB Control 

Numbers, 3060–0075 (Form 345), 3060– 

0110 (Form 303–S) and 3060–0250 

(Section 74.1284) in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e–mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

SYNOPSIS 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

September 1, 2009, for the information 

collection requirement(s) contained in 

the Commission’s rules at 47 CFR 

74.1284 and revisions to FCC Forms 

303–S and 345. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46383 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Numbers are 3060– 

0075, 3060–0110 and 3060–0250 and 

the total annual reporting burdens for 

respondents for these information 

collections are as follows: 

OMB Control Number: 3060–0075. 

OMB Approval Date: September 1, 

2009. 

Expiration Date: August 31, 2012. 

Title: Application for Transfer of 

Control of a Corporate Licensee or 

Permittee or Assignment of License or 

Permit for an FM or TV Translator 

Station or a Low Power Television 

Station, FCC Form 345. 

Form Number: FCC Form 345. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities; not–for–profit 

institutions; State, local or tribal 

government. 

Number of Respondents and 

Responses: 1,700 respondents; 2,700 

responses. 

Estimated Time per Response: 0.084 

–1.25 hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Total Annual Burden: 2,667 hours. 

Total Annual Costs: $2,678,025. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 154(i) and 310 

of the Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this information collection. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: On June 29, 2009, 

the Commission adopted a Report and 

Order, Amendment of Service and 

Eligibility Rules for FM Broadcast 

Translator Stations, MB Docket No. 07– 

172, FCC 09–59. In the Report and 

Order, the Commission adopted changes 

to the FM translator rules that would 

allow AM stations to use authorized FM 

translator stations to rebroadcast the AM 

signal locally, retransmitting their AM 

programming as a ’’fill–in’’ service. The 

adopted cross–service translating rules 

limit FM translators to providing ’’fill– 

in’’ service only, specifically within the 

AM primary station’s authorized service 

area. In addition, the Commission 

limited the cross–service rule changes to 

’’currently authorized FM translators,’’ 

that is, those translators with licenses or 

permit in effect as of May 1, 2009. 

Consistent with actions taken by the 

Commission in the Report and Order, 

the following changes are made to Form 

345: Section III of Form 345 includes a 

new certification concerning 

compliance with the AM station ’’fill– 

in’’ service requirements. Specifically, 

in the AM service, applicants certify 

that the coverage contour of the FM 

translator station is contained within 

the lesser of: (a) The 2 mV/m daytime 

contour of the AM primary station being 

rebroadcast, or (b) a 25–mile radius 

centered at the AM station’s transmitter 

site. The instructions for Section III 

have been revised to assist applicants 

with completing the new question. 

Filing of the FCC Form 345 is 

required when applying for authority for 

the assignment of license or permit, or 

for consent to transfer of control of a 

corporate licensee or permittee for an 

FM or TV translator station, or low 

power TV station. 

OMB Control Number: 3060–0110. 

OMB Approval Date: September 1, 

2009. 

Expiration Date: August 31, 2012. 

Title: Application for Renewal of 

Broadcast Station License, FCC Form 

303–S. 

Form Number: FCC Form 303–S. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities; not–for–profit 

institutions. 

Number of Respondents and 

Responses: 3,884 respondents; 3,884 

responses. 

Estimated Time per Response: 1 – 

11.83 hours. 

Frequency of Response: Every eight 

year reporting requirement; Third party 

disclosure requirement. 

Total Annual Burden: 7,727 hours. 

Total Annual Costs: $2,148,549. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in 154(i), 303, 307 and 308 

of the Communications Act of 1934, as 

amended, and Section 204 of the 

Telecommunications Act of 1996. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this information collection. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: On June 29, 2009, 

the Commission adopted a Report and 

Order, Amendment of Service and 

Eligibility Rules for FM Broadcast 

Translator Stations, MB Docket No. 07– 

172, FCC 09–59. In the Report and 

Order, the Commission adopted changes 

to the FM translator rules that would 

allow AM stations to use authorized FM 

translator stations to rebroadcast the AM 

signal locally, retransmitting their AM 

programming as a ’’fill–in’’ service. The 

adopted cross–service translating rules 

limit FM translators to providing ’’fill– 

in’’ service only, specifically within the 

AM primary station’s authorized service 

area. In addition, the Commission 

limited the cross–service rule changes to 

’’currently authorized FM translators,’’ 

that is, those translators with licenses or 

permit in effect as of May 1, 2009. 

Consistent with actions taken by the 

Commission in the Report and Order, 

the following changes are made to Form 

303–S: Section V of Form 303–S, to be 

completed by FM and TV Translator 

and Low Power TV licensees only, 

includes a new certification concerning 

compliance with the AM station ’’fill– 

in’’ service requirements. Specifically, 

in the AM service, applicants certify 

that the coverage contour of the FM 

translator station is contained within 

the lesser of: (a) The 2 mV/m daytime 

contour of the AM primary station being 

rebroadcast, or (b) a 25–mile radius 

centered at the AM station’s transmitter 

site. The instructions for Section V have 

been revised to assist applicants with 

completing the new question. 

FCC Form 303–S is used in applying 

for renewal of license for a commercial 

or noncommercial AM, FM or TV 

broadcast station and FM translator, TV 

translator or Low Power TV, and Low 

Power FM broadcast stations. It can also 

be used in seeking the joint renewal of 

licenses for an FM or TV translator 

station and its co–owned primary FM, 

AM, TV, or LPTV station. 

OMB Control Number: 3060–0250. 

OMB Approval Date: September 1, 

2009. 

Expiration Date: August 31, 2012. 

Title: Sections 73.1207, 74.784 and 

74.1284, Rebroadcasts. 

Form Number: Not applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities; Not–for–profit 

institutions; State, local or tribal 

government. 

Number of Respondents and 

Responses: 6,462 respondents; 11,012 

responses. 

Estimated Time per Response: 0.50 

hours. 

Frequency of Response: 

Recordkeeping requirement; on 

occasion reporting requirement; semi– 

annual reporting requirement; third 

party disclosure requirement. 

Total Annual Burden: 5,506 hours. 

Total Annual Costs: None. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 154(i) and 


jlentini on DSKJ8SOYB1PROD with RULES
46384 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

325(a) of the Communications Act of 

1934, as amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this information collection. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: On June 29, 2009, 

the Commission adopted a Report and 

Order, Amendment of Service and 

Eligibility Rules for FM Broadcast 

Translator Stations, MB Docket No. 07– 

172, FCC 09–59. In the Report and 

Order, the Commission adopted several 

rule changes that would allow AM 

stations to use FM translator stations to 

rebroadcast the AM signal. Therefore, 47 

CFR 74.1284 is one of the rules that was 

changed as a result of the Commission 

adopting FCC 09–59. 47 CFR 74.1284 

requires that the licensee of an FM 

translator station obtain prior consent to 

rebroadcast programs of any broadcast 

station or other FM translator. The 

licensee of the FM translator station 

must notify the Commission of the call 

letters of each station rebroadcast and 

must certify that written consent has 

been received from the licensee of that 

station. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–21518 Filed 9–8–09; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–1999–6439, Notice No. 21] 

49 CFR Part 222 

Excess Risk Estimate for Highway-Rail 

Grade Crossings Along the Florida 

East Coast Railway Line 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulations regarding the use of 

locomotive horns at public highway-rail 

grade crossings by establishing an 

excess risk estimate of 90.9 percent for 

public highway-rail grade crossings 

along the Florida East Coast Railway 

Company (FEC) line. When this final 

rule is effective, public authorities will 

be permitted to establish New Quiet 

Zones along the FEC line, in accordance 

with the existing regulations, through 

application of the excess risk estimate 

provided herein. 

DATES: The effective date is November 9, 

2009. However, public authorities may 

begin to provide quiet zone-related 

documentation to FRA and other parties 

30 days after September 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Ries, Office of Safety, Mail Stop 

25, FRA, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: (202) 

493–6299); or Kathryn Shelton, Office of 

Chief Counsel, Mail Stop 10, FRA, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590 (telephone: (202) 493–6038). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 26, 1991, FRA issued 

Emergency Order No. 15 (EO 15), which 

requires FEC trains to sound train borne 

audible warning devices when 

approaching public highway-rail grade 

crossings. This Emergency Order 

preempts a Florida statute that became 

effective on July 1, 1984. The Florida 

statute authorized counties and 

municipalities to ban the use of train 

horns and whistles between the hours of 

10 p.m. and 6 a.m. by FEC trains 

approaching public highway-rail grade 

crossings that were equipped with 

flashing lights, bells, crossing gates, and 

highway signs indicating train horns 

and whistles would not be sounded at 

night. 

Amendments to EO 15, issued on 

August 31, 1993, permitted Florida 

communities to obtain relief from the 

EO through the implementation of 

alternative remedial measures on a 

crossing-by-crossing basis, provided the 

alternative remedial measures have been 

certified by the Florida Department of 

Transportation (FDOT) as being fully 

compliant with all relevant performance 

specifications. However, FRA’s final 

rule on the Use of Locomotive Horns at 

Highway-Rail Grade Crossings (49 CFR 

Part 222) issued on April 27, 2005, 

provides communities substantially 

greater flexibility in establishing quiet 

zones than that allowed to communities 

covered by EO 15. The final rule allows 

public authorities in the rest of the 

nation (with the exception of certain 

highway-rail grade crossings located in 

the six-county Chicago Region) to 

prohibit routine sounding of the 

locomotive horn at highway-rail grade 

crossings through the selective 

implementation of various grade 

crossing improvements on a corridorwide basis, as opposed to implementing 

grade crossing improvements at each 

quiet zone crossing. 

As early as January 13, 2000, when 

FRA issued a Notice of Proposed 

Rulemaking (NPRM) in this proceeding, 

FRA proposed to apply a higher excess 

risk estimate to FEC public crossings 

than other public highway-rail grade 

crossings nationwide, based on FRA’s 

analysis of the pre-ban and post-ban 

collision data associated with FEC 

public crossings. Since FRA’s analysis 

of collision data at public highway-rail 

grade crossings nationwide did not 

include collision data associated with 

FEC public crossings that were subject 

to nighttime whistle bans, FRA also 

solicited public comment as to what 

extent the pre-ban and post-ban 

collision data associated with FEC 

public crossings may be relevant to 

public highway-rail grade crossings 

located in other areas. 

Shortly thereafter, FRA conducted a 

public hearing on March 28, 2000 in 

Fort Lauderdale, Florida, during which 

FRA noted that it was grappling with 

the issue of whether or not a differential 

requirement for mitigating crossing risk 

should be instituted for FEC public 

crossings and solicited comments on 

this issue. After the March 28, 2000 

public hearing, FRA received comments 

from a number of Florida cities, 

including Boca Raton, Palm Beach 

Gardens, and West Palm Beach, who 

urged FRA to make its proposed 

regulation applicable to FEC crossings 

and allow the Federal regulation to 

supersede EO 15. FRA addressed these 

comments in the preamble to its Interim 

Final Rule on the Use of Locomotive 

Horns at Highway-Rail Grade Crossings 

(Interim Final Rule) and expressed its 

intent to rescind EO 15 and make the 

Federal regulation applicable to all 

highway-rail grade crossings within the 

State of Florida. However, FRA further 

stated that it would first need to resolve 

the issue of whether a regional estimate 

as to the effect of silencing the train 

horn should be applied to EO 15 

crossings. 

In an effort to re-examine the post-ban 

accident rate increases that occurred at 

FEC crossings subject to nighttime 

whistle bans, FRA conducted a public 

conference in Florida on April 15, 2005. 

At the conference, FRA again solicited 

comments on the appropriate excess 

risk estimate that should be applied by 

public authorities who wish to establish 

Federal quiet zones along the FEC line. 

Oral comments were provided at the 

public conference by representatives of 

nine organizations, including the United 

Transportation Union (UTU), the 

Brotherhood of Locomotive Engineers 

and Trainmen (BLET), the Brotherhood 

of Railroad Signalmen (BRS), FEC, PVB 

Consulting, Inc., the Broward County 

Metropolitan Planning Organization, the 

City of Hollywood, Florida, the City of 

Palm Beach Gardens, Florida, and 

FDOT. 

The City of Hollywood, Florida 

expressed interest in establishing a 


jlentini on DSKJ8SOYB1PROD with RULES