Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 13171 

1Bryan, Texas, 23 FCC Rcd 16440 (Vid. Div. 

2008). 

2Comcorp is filing a new petition for rulemaking 

because the time period for filing a petition for 

reconsideration of the original amendment to the 

Post-Transition DTV Table of Allotments has 

expired. 

Pima County Department of 

Environmental Quality. The negative 

declaration certifies that other solid 

waste incinerator units, which are 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act, do 

not exist within the agency’s air 

pollution control jurisdiction. 

DATES: Any comments on this proposal 

must arrive by April 27, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2008–0942, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses a Clean Air Act 

section 111(d)/129 negative declaration 

submitted by the Pima County 

Department of Environmental Quality 

certifying that other solid waste 

incinerator units do not exist within its 

air pollution control jurisdiction. This 

negative declaration was submitted on 

April 14, 2008. For further information, 

please see the information provided in 

the direct final action, with the same 

title, that is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register publication. If no adverse 

comments are received in response to 

this action, no further activity will be 

contemplated. If adverse comments are 

received, then EPA will publish a timely 

withdrawal of the direct final rule and 

address the comments in subsequent 

action based on this proposed rule. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

EPA will not institute a second 

comment period. Any parties interested 

in commenting on this action should do 

so at this time. 

Dated: February 18, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–6626 Filed 3–25–09; 8:45 am] 

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FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–606; MB Docket No. 09–34; RM– 

11522] 

Television Broadcasting Services; 

Bryan, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission requests 

comments on a channel substitution 

proposed by Comcorp of Bryan License 

Corp. (‘‘Comcorp’’), the licensee of 

station KYLE–DT, post-transition DTV 

channel 29, Bryan, Texas. On June 20, 

2008, Comcorp filed a petition for 

rulemaking in which it requested 

permission to substitute DTV channel 

29 for its originally assigned DTV 

channel 28 at Bryan, as well to move its 

transmitter location and make 

associated technical changes. The staff 

granted the request on November 5, 

2008.1 By this petition, Comcorp seeks 

permission to return to its previously 

allotted DTV channel 28 at its original 

technical specifications.2

DATES: Comments must be filed on or 

before April 10, 2009, and reply 

comments on or before April 20, 2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Scott S. Patrick, Esq., Dow Lohnes 

PLLC, 1200 New Hampshire Avenue, 

NW., Suite 800, Washington, DC 20036– 

6802. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, david.brown@fcc.gov, 

Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–34, adopted March 16, 2009, and 

released March 17, 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 

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). 

13172 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

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 

Television, Television 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. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas, is amended by adding 

DTV channel 28 and removing DTV 

channel 29 at Bryan. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–6638 Filed 3–25–09; 8:45 am] 

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