Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Proposed Rules 6131 

[FR Doc. E9–2464 Filed 2–4–09: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF JUSTICE 

28 CFR Part 26 

[Docket No. OJP (DOJ)–1464; AG Order No. 

3048–2009] 

RIN 1121–AA74 

Certification Process for State Capital 

Counsel Systems 

AGENCY: Department of Justice. 

ACTION: Notice of request for public 

comment. 

SUMMARY: Pursuant to the USA 

PATRIOT Improvement and 

Reauthorization Act of 2005, the 

Department of Justice promulgated a 

final rule to implement certification 

procedures for states seeking to qualify 

for the expedited federal habeas corpus 

review procedures in capital cases 

under chapter 154 of title 28 of the 

United States Code. Certification 

Process for State Capital Counsel 

Systems, 73 FR 75327 (Dec. 11, 2008). 

The procedural benefits of chapter 154 

are available to states that establish 

mechanisms for providing counsel to 

indigent capital defendants in state 

postconviction proceedings that satisfy 

certain statutory requirements. The 

Department hereby requests public 

comment on issues related to the final 

rule. 

DATES: Comments are due April 6, 2009. 

ADDRESSES: Please address all 

comments regarding this notice, by U.S. 

mail, to: Ben Gorban, Bureau of Justice 

Assistance, Office of Justice Programs, 

U.S. Department of Justice, 810 7th 

Street, NW., Washington, DC 20531. To 

ensure proper handling, please 

reference OJP Docket No. 1464 on your 

correspondence. You may view an 

electronic version of this notice at 

http://www.regulations.gov, and you 

may also comment by using the http:// 

www.regulations.gov comment form for 

this notice. When submitting comments 

electronically you must include OJP 

Docket No. 1464 in the subject box. 

FOR FURTHER INFORMATION CONTACT: Ben 

Gorban, Bureau of Justice Assistance, 

Office of Justice Programs at (202) 616– 

6500 (not a toll-free number.) 

SUPPLEMENTARY INFORMATION: Chapter 

154 provides procedural benefits in 

federal habeas corpus review of capital 

cases to states that go beyond the 

constitutional requirement of 

appointing counsel for indigents at trial 

and on appeal by providing counsel also 

to capital defendants in state 

postconviction proceedings. Chapter 

154 has been in place since the 

enactment of the Antiterrorism and 

Effective Death Penalty Act of 1996 

(Pub. L. 104–132). 

Section 507 of Public Law 109–177, 

the USA PATRIOT Improvement and 

Reauthorization Act of 2005 (‘‘the Act’’), 

amended chapter 154 of title 28 of the 

United States Code. Prior to the Act, the 

determination that a state was eligible 

for the procedural benefits of chapter 

154 had been left to the federal court of 

appeals for the circuit in which a state 

was located. The Act, inter alia, 

amended sections 2261(b) and 2265 of 

title 28 to assign responsibility for 

chapter 154 certifications to the 

Attorney General of the United States, 

subject to de novo review by the Court 

of Appeals for the District of Columbia 

Circuit. 

Section 2265(b) directs the Attorney 

General to promulgate regulations to 

implement the certification procedure. 

The Department of Justice published a 

proposed rule in the Federal Register on 

June 6, 2007, for this purpose, to add a 

new subpart in 28 CFR part 26 entitled 

‘‘Certification Process for State Capital 

Counsel Systems.’’ Certification Process 

for State Capital Counsel Systems, 72 

FR 31217 (June 6, 2007). The comment 

period ended on August 6, 2007. The 

Department published a notice on 

August 9, 2007, reopening the comment 

period, and the reopened comment 

period ended on September 24, 2007. 72 

FR 44816 (Aug. 9, 2007). The 

Department of Justice published the 

final rule on December 11, 2008, with a 

scheduled effective date of January 12, 

2009. Certification Process for State 

Capital Counsel Systems, 73 FR 75327 

(Dec. 11, 2008). 

The final rule is the subject of a 

preliminary injunction issued by a 

district court in the Northern District of 

California. See Habeas Corpus Res. Ctr. 

v. U.S. Dep’t of Justice, No. C 08–2649 

CW (N.D. Cal., Jan. 20, 2009). The 

Department of Justice has decided to 

solicit further comment on all aspects of 

the final rule for 60 days following 

publication of this notice. The 

Department will consider comments 

received during this period and publish 

a summary and response as appropriate. 

Dated: February 2, 2009. 

Mark Filip, 

Acting Attorney General. 

[FR Doc. E9–2493 Filed 2–4–09; 8:45 am] 

BILLING CODE 4410–18–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–40; MB Docket No. 08–243; RM– 

11490] 

Radio Broadcasting Services; 

Charlotte Amalie, VI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Western New Life, Inc., licensee 

of Station WJZG–FM, Channel 254A, 

Culebra, Puerto Rico, proposing the 

deletion of vacant Channel 271B at 

Charlotte Amalie, Virgin Islands to 

accommodate a hybrid contingent 

application requesting the substitution 

of Channel 271A for Channel 254A at 

Culebra, and modification of the Station 

WJZG–FM license. The reference 

coordinates for vacant Channel 271B at 

Charlotte Amalie are 18–20–36 NL and 

64–55–48 WL. 

DATES: Comments must be filed on or 

before March 9, 2009, and reply 

comments on or before March 24, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioner as follows: Scott C. 

Cinnamon, Esq., Counsel for Western 

New Life, Inc., Law Offices of Scott C. 

Cinnamon, PLLC, 1250 Connecticut 

Ave., NW., Suite 200, #144, 

Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–243, adopted January 14, 2009, and 

released January 16, 2009. Channel 

271B at Charlotte Amalie was 

inadvertently removed from the FM 

Table of Allotments. See Revision of 

Procedures Governing Amendments to 

FM Table of Allotments and Changes of 

Community of License in the Radio 

Broadcast Services, Report and Order, 

21 FCC Rcd 14212 (2006). As a result, 

this document does not contain any 

amendatory language. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

mstockstill on PROD1PC66 with PROPOSALS

6132 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Proposed Rules 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–378–3160 or via e-mail http:// 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E9–2385 Filed 2–4–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–43; MB Docket No. 08–242; RM– 

11506] 

Radio Broadcasting Services; Ten 

Sleep, WY 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Commission requests comment on 

a petition filed by Legend 

Communications of Wyoming, LLC. 

Petitioner proposes the allotment of 

Channel 267A at Ten Sleep, Wyoming, 

as a first local service. The purpose of 

the requested allotment is to maintain 

Ten Sleep’s first potential local service, 

because petitioner has requested a 

change of community of license for 

unbuilt Station KYTS(FM), Channel 

271C2, from Ten Sleep to Manderson, 

Wyoming. Channel 267A can be allotted 

at Ten Sleep in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 0.3 km (0.2 miles) 

northeast of Ten Sleep. The proposed 

coordinates for Channel 267A at Ten 

Sleep are 44–02–08 North Latitude and 

107–26–50 West Longitude. See 

SUPPLEMENTARY INFORMATION infra. 

DATES: Comments must be filed on or 

before March 9, 2009, and reply 

comments on or before March 24, 2009. 

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

designated petitioner’s counsel as 

follows: Lee W. Shubert, Esq., Sciarrino 

& Shubert PLLC, 5425 Tree Line Drive, 

Centreville, Virginia 20120–1676. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–242, adopted January 14, 2009, and 

released January 16, 2009. The full text 

of this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center (Room 

CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 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. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Wyoming, is amended 

by adding Ten Sleep, Channel 267A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–2399 Filed 2–4–09; 8:45 am] 

BILLING CODE 6712–01–P 

mstockstill on PROD1PC66 with PROPOSALS