11318 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

duration must be at least five (5) 

seconds. 

(ii) Animated Graphic. A moving or 

animated graphic that ends up as a 

countdown reminder. It would remind 

viewers that there are ‘‘x number of 

days’’ until the transition. They will be 

visually instructed to call a toll-free 

number and/or visit a Web site for 

details. The duration must be at least 

five (5) seconds. 

(iii) Graphic and Audio Display. 

Option #1 or option #2 with an added 

audio component. The duration must be 

at least five (5) seconds. 

(iv) Longer Form Reminders. Stations 

can choose from a variety of longer form 

options to communicate the countdown 

message. Examples might include an 

‘‘Ask the Expert’’ segment where 

viewers can call in to a phone bank and 

ask knowledgeable people their 

questions about the transition. The 

duration must be at least two (2) 

minutes. (Some stations may also 

choose to include during newscasts 

DTV ‘‘experts’’ who may be asked 

questions by the anchor or reporter 

about the impending transition 

deadline.) 

(e) Consumer Education Campaign 

Option Three: 

(1) Only a licensee or permittee of a 

noncommercial television station may 

elect this option. Under this option, 

from March 27, 2008, through April 30, 

2008, a noncommercial broadcaster 

must, at a minimum, air 60 seconds per 

day of transition-related education 

(PSAs), in variable timeslots, including 

at least 7.5 minutes per month between 

6 p.m. and 12 a.m. From May 1, 2008, 

through October 31, 2008, a broadcaster 

must, at a minimum, air 120 seconds 

per day of transition-related education 

(PSAs), in variable timeslots, including 

at least 15 minutes per month between 

6 p.m. and 12 a.m. From November 1, 

2008, through the station’s termination 

of analog service, or, for stations subject 

to the provisions of paragraph (b)(4) of 

this section, until the station completes 

construction of its full, authorized posttransition digital facility, a broadcaster 

must, at a minimum, air 180 seconds 

per day of transition-related education 

(PSAs), in variable timeslots, including 

at least 22.5 minutes per month between 

6 p.m. and 12 a.m. 

(2) Noncommercial stations must air a 

30-minute informational program on the 

digital television (DTV) transition 

between 8 a.m.–11:35 p.m. on at least 

one day after April 1, 2009, and prior to 

the station’s termination of analog 

service. The program must contain at 

least the following information: 

(i) The fact that Congress has changed 

the deadline for the national DTV 

transition to June 12, 2009; 

(ii) The date and approximate time of 

day when the station airing the 

informational video is terminating 

analog service; 

(iii) The date and approximate time of 

day when all other full-power stations 

in the same market are terminating 

analog service; 

(iv) For stations covered by paragraph 

(b)(5) of this section, the same service 

loss information required by paragraph 

(b)(5) of this section. 

[FR Doc. E9–5820 Filed 3–13–09; 4:15 pm] 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; delay of effective 

date and request for comments. 

SUMMARY: On March 3, 2009, FMCSA 

published a document in the Federal 

Register (74 FR 9172) requesting 

comments on its proposal to delay the 

effective date of its January 16, 2009, 

final rule entitled ‘‘Elimination of Route 

Designation Requirement for Motor 

Carriers Transporting Passengers over 

Regular Routes.’’ Based on the five 

comments received, all supporting the 

proposal to delay the effective date of 

the final rule, FMCSA is extending the 

effective date by 90 days, and seeks 

additional public comment on the 

rulemaking. The final rule announced 

the discontinuation of the 

administrative requirement that 

applicants seeking for-hire authority to 

transport passengers over regular routes 

submit a detailed description and a map 

of the route(s) over which they propose 

to operate. In response to the Assistant 

to the President and Chief of Staff’s 

memorandum of January 20, 2009, 

FMCSA extends the effective date to 

allow the Agency the opportunity for 

further review and consideration of the 

January 16, 2009, final rule and solicits 

public comments on the final rule. In 

order to afford sufficient time to 

consider and respond to comments, the 

effective date is extended for 90 days. 

DATES: Comments must be received on 

or before April 16, 2009. The effective 

date of the rule amending 49 CFR Parts 

356, 365, and 374, published at 74 FR 

2895, January 16, 2009, is delayed until 

June 15, 2009. The compliance date for 

this rule continues to be July 15, 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) or you may visit http:// 

edocket.access.gpo.gov/2008/pdf/E8- 

785.pdf. 

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 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11319 

FR 2895). The effective date of the rule 

was originally March 17, 2009, with a 

compliance date of July 15, 2009. 

In accordance with the January 20, 

2009 memorandum, 74 FR 4435, 

January 26, 2009, from the Assistant to 

the President and Chief of Staff, on 

March 2, 2009 (74 FR 9172), FMCSA 

sought comment on a proposal to extend 

the effective date of the final rule for 90 

days. FMCSA received five comments to 

the March 2 notice. All of the 

commenters supported extending the 

effective date of the final rule for 90 

days, providing for a new comment 

period, and, if appropriate, 

reconsidering the final rule based on 

any new information provided by the 

comments. Therefore, FMCSA extends 

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 delaying 

the effective date of the final rule to 

allow the Agency the opportunity for 

further review and consideration of 

these issues. 

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: March 12, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–5778 Filed 3–16–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R1-ES-2008-0016; MO 9221050083-B2] 

RIN 1018-AV00 

Endangered and Threatened Wildlife 

and Plants; Listing Phyllostegia 

hispida (No Common Name) as 

Endangered Throughout Its Range 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered status under the 

Endangered Species Act of 1973, as 

amended (Act), for Phyllostegia hispida 

(no common name), a plant species from 

the island of Molokai in the Hawaiian 

Islands. This final rule implements the 

Federal protections provided by the Act 

for this species. We have also 

determined that critical habitat for P. 

hispida is prudent but not determinable 

at this time. 

DATES: This rule becomes effective April 

16, 2009. 

ADDRESSES: This final rule is available 

on the Internet at http:// 

www.regulations.gov and http:// 

www.fws.gov/pacificislands. Comments 

and materials received, as well as 

supporting documentation used in the 

preparation of this rule, will be 

available for public inspection, by 

appointment, during normal business 

hours at: U.S. Fish and Wildlife Service, 

Pacific Islands Fish and Wildlife Office, 

300 Ala Moana Boulevard, Room 3-122, 

Box 50088, Honolulu, HI 96850; 

telephone, 808-792-9400; facsimile, 808- 

792-9581. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Leonard, Field Supervisor, 

Pacific Islands Fish and Wildlife Office 

(see ADDRESSES section). If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Phyllostegia hispida is known only 

from the island of Molokai, Hawaii, 

where 24 wild and 214 outplanted 

individuals currently exist. Molokai is 

approximately 38 miles (mi) (61 

kilometers (km)) long and up to 10 mi 

(16 km) wide, and encompasses an area 

of about 260 square (sq) mi (674 sq km) 

(Foote et al. 1972, p. 11; Department of 

Geography 1998, p. 13). Three shield 

volcanoes make up most of the land 

mass, dividing the island into roughly 

three geographic segments: West 

Molokai Mountain, East Molokai 

Mountain, and a volcano that formed 

Kalaupapa Peninsula (Department of 

Geography 1998, pp. 11, 13). 

The taller and larger East Molokai 

Mountain, which makes up eastern 

Molokai, rises 4,970 feet (ft) (1,514 

meters (m)) above sea level on the 

island’s summit at Kamakou and 

comprises roughly 50 percent of the 

island’s land area (Department of 

Geography 1998, p. 11; Foote et al. 

1972, p. 11). Phyllostegia hispida is 

known only from the wet forests of 

eastern Molokai, at elevations from 

2,300 to 4,200 ft (700 to 1,280 m) 

(Wagner et al. 1999, p. 819). The wet 

forests where P. hispida has been 

recorded are found only on the 

windward side of East Molokai, which 

differs topographically from the leeward 

side. Precipitous cliffs line the northern 

windward coast, with deep inaccessible 

valleys dissecting the coastline. The 

annual rainfall on the windward side 

ranges from 75 to over 150 inches (in) 

(200 to over 375 centimeters (cm)), 

distributed throughout the year. The 

soils are poorly drained and high in 

organic matter. The gulches and valleys 

are usually very steep, but sometimes 

gently sloping (Foote et al. 1972, p. 14). 

The native habitats and vegetation of 

the Hawaiian Islands have undergone 

extreme alterations because of past and 

present land use, as well as the 

intentional or inadvertent introduction 

of nonnative animal and plant species. 

Introduced mammals, particularly feral 

pigs (Sus scrofa), have greatly affected 

native Hawaiian plant communities. 

Feral pigs have been described as the 

most pervasive and disruptive 

nonnative influence on the unique 

native forests of the Hawaiian Islands, 

and are widely recognized as one of the 

greatest threats to forest ecosystems in 

Hawaii today (Aplet et al. 1991, p. 56; 

Anderson and Stone 1993, p. 195; Loope 

1998, p. 752). Introduced (nonnative) 

plant species, which now comprise 

approximately half of the plant taxa in 

the islands, have come to dominate 

many Hawaiian ecosystems, and 

frequently outcompete native plants for 

space, light, water, and nutrients, as 

well as alter ecosystem function, 

rendering habitats unsuitable for native 

species (Cuddihy and Stone 1990, pp. 

73-91; Vitousek et al. 1997, p. 6). 

The plant Phyllostegia hispida has 

only a few recorded occurrences and 

until recently was thought to be extinct 

in the wild. Alterations of the plant’s 

native habitat by feral pigs and 

nonnative plants have been the primary 

threats to P. hispida, in conjunction 


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