9172 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–122, 

adopted February 19, 2009, and released 

February 20, 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 Indiana, is amended by adding 

DTV channel 20 and removing DTV 

channel 16 at Indianapolis. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–4490 Filed 3–2–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 356, 365, and 374 

[Docket No. FMCSA–2008–0235] 

RIN 2126–AB16 

Elimination of Route Designation 

Requirement for Motor Carriers 

Transporting Passengers Over Regular 

Routes: Proposed Delay in Effective 

Date 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Proposed delay in effective date. 

SUMMARY: In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review,’’ 

published in the Federal Register on 

January 26, 2009, FMCSA is seeking 

public comment on a contemplated 

delay of 90 days in the effective date of 

its January 16, 2009, final rule entitled 

‘‘Elimination of Route Designation 

Requirement for Motor Carriers 

Transporting Passengers over Regular 

Routes.’’ The final rule announced the 

discontinuation of the administrative 

requirement that applicants seeking forhire authority to transport passengers 

over regular routes submit a detailed 

description and a map of the route(s) 

over which they propose to operate. The 

effective date of the rule is March 17, 

2009, with a compliance date of July 15, 

2009. The FMCSA is considering a 

temporary 90-day extension in the 

effective date to June 15, 2009, to allow 

the Agency the opportunity for further 

review and consideration of the final 

rule. FMCSA acknowledges that the 

January 20, 2009, memorandum only 

recommends 60 days, but is allowing for 

90 days to give us enough time to 

consider and respond to comments. 

DATES: Comments must be received on 

or before March 9, 2009. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Number in the 

heading of this document by any of the 

following methods. Do not submit the 

same comments by more than one 

method. The Federal eRulemaking 

portal is the preferred method for 

submitting comments, and we urge you 

to use it. 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. In the Comment or 

Submission section, type Docket ID 

Number ‘‘FMCSA–2008–0235’’, select 

‘‘Go’’, and then click on ‘‘Send a 

Comment or Submission.’’ You will 

receive a tracking number when you 

submit a comment. 

Telefax: 1–202–493–2251. 

Mail, Courier, or Hand-Deliver: 

Docket Management Facility; U.S. 

Department of Transportation, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. Office 

hours are between 9 a.m. and 5 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

Privacy Act: Regardless of the method 

used for submitting comments, all 

comments will be posted without 

change to the Federal Docket 

Management System (FDMS) at http:// 

www.regulations.gov. Anyone can 

search the electronic form of all our 

dockets in FDMS, by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). DOT’s complete Privacy 

Act Statement was published in the 

Federal Register on April 11, 2000 (65 

FR 19476), and can be viewed at the 

URL http://docketsinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Miller, Regulatory Development 

Division, (202) 366–5370 or by e-mail at: 

FMCSAregs@dot.gov. 

SUPPLEMENTARY INFORMATION: 

On January 16, 2009, FMCSA 

published a final rule announcing the 

discontinuation of the administrative 

requirement that applicants seeking forhire authority to transport passengers 

over regular routes submit a detailed 

description and a map of the route(s) 

over which they propose to operate (74 

FR 2895). The Agency indicated that it 

will register such carriers as regularroute carriers without requiring the 

designation of specific regular routes 

and fixed end-points. Once motor 

carriers have obtained regular-route, forhire operating authority from FMCSA, 

they will no longer need to seek 

additional FMCSA approval in order to 

change or add routes. The rule amended 

certain provisions of 49 CFR Parts 356, 

365 and 374 to make them consistent 

with the Agency’s discontinuation of 

the route designation requirement. Each 


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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 9173 

registered regular-route motor carrier of 

passengers will continue to be subject to 

the full safety oversight and 

enforcement programs of FMCSA and 

its State and local partners. 

The effective date of the rule is March 

17, 2009, with a compliance date of July 

15, 2009. 

Contemplated Extension of the Effective 

Date 

In accordance with January 20, 2009 

(74 FR 4435) memorandum from the 

Assistant to the President and Chief of 

Staff, FMCSA is contemplating an 

extension of the effective date of its 

January 16, 2009, final rule from March 

17, 2009, to June 15, 2009. This will 

provide us sufficient time to address 

issues that have been raised about 

whether the new rule will make it more 

difficult for us to enforce our 

requirements concerning safety and 

access for individuals with disabilities. 

Although we believe the final rule fully 

addressed these issues, in light of the 

Assistant to the President and Chief of 

Staff’s memorandum, we are proposing 

to delay the effective date of the final 

rule to allow the Agency the 

opportunity for further review and 

consideration of these issues. 

The Agency solicits comments 

specifically on the contemplated delay 

in the effective date. 

List of Subjects 

49 CFR Part 356 

Administrative practice and 

procedure, Routing, Motor carriers. 

49 CFR Part 365 

Administrative practice and 

procedure, Brokers, Buses, Freight 

forwarders, Motor carriers, Moving of 

household goods, Reporting and 

recordkeeping requirements. 

49 CFR Part 374 

Aged, Blind, Buses, Civil rights, 

Freight, Individuals with disabilities, 

Motor carriers, Smoking. 

Issued on: February 25, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–4454 Filed 3–2–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2009–0038] 

RIN 2127–AK44 

Federal Motor Vehicle Safety Standard; 

Air Brake Systems 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Interim final rule, request for 

comments. 

SUMMARY: This document extends for six 

months a requirement that trailers with 

antilock brake systems be equipped 

with an external antilock malfunction 

indicator lamp. This requirement, 

which is included in the Federal motor 

vehicle safety standard that governs 

vehicles equipped with air brakes, is 

currently scheduled to sunset on March 

1, 2009. As a result of this interim final 

rule, the sunset date is September 1, 

2009. We are taking this action in 

connection with our consideration of a 

petition for rulemaking from the 

Commercial Vehicle Safety Alliance 

(CVSA) requesting that the requirement 

be made permanent. In a separate 

document, we are proposing a further 

extension of the requirement, to March 

1, 2011. This interim final rule prevents 

the occurrence of a potential time gap 

for the vehicles that are subject to the 

requirement, should the agency 

ultimately decide to further extend the 

time period. 

DATES: Effective Date: The amendment 

made in this rule is effective February 

28, 2009. 

Comment Period: You should submit 

your comments early enough to ensure 

that the Docket receives them not later 

than April 2, 2009. Comments may be 

combined with ones on the 

accompanying notice of proposed 

rulemaking, which is being published 

today using the same docket number. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Mr. 

George Soodoo, Office of Crash 

Avoidance Standards (Phone: 202–366– 

4931; FAX: 202–366–7002). For legal 

issues, you may call Mr. Ari Scott, 

Office of the Chief Counsel (Phone: 202– 

366–2992; FAX: 202–366–3820). You 

may send mail to these officials at: 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Agency Analysis 

III. Interim Final Rule and Shortened 

Comment Period 

IV. Public Participation 

V. Rulemaking Analyses and Notices 

I. Background 

The final rule requiring antilock brake 

systems (ABS) on truck tractors, other 

air-braked heavy vehicles including 

trailers, and hydraulic-braked trucks 

was published in the Federal Register 

(60 FR 13216) on March 10, 1995. As 

amended by that final rule, FMVSS No. 

121, Air Brake Systems, required two 

separate in-cab ABS malfunction 

indicator lamps for each truck tractor, 

one for the tractor’s ABS (effective 


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