14100 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 

proposed to amend the U.S. Customs 

and Border Protection (CBP) Regulations 

to exclude from the dutiable value of 

repairs, alterations, or processing 

performed abroad on articles exported 

from the United States and returned 

under subheading 9802.00.40, 

9802.00.50, or 9802.00.60, Harmonized 

Tariff Schedule of the United States 

(HTSUS), the value of U.S.-origin parts 

used in the foreign repairs, alterations, 

or processing. The notice is being 

withdrawn to permit further 

consideration of the relevant issues 

involved in the proposed rulemaking. 

DATES: The notice of proposed 

rulemaking is withdrawn on March 30, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Monika Brenner, Regulations and 

Rulings, Office of International Trade, 

202–325–0038. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 13, 2009, CBP published in 

the Federal Register (74 FR 10849) a 

document that proposed to amend 

§§ 10.8(d) and 10.9(d) of the CBP 

regulations (19 CFR 10.8(d) and 10.9(d)) 

to exclude from the dutiable value of 

repairs, alterations, or processing 

performed abroad on articles exported 

and returned to the United States under 

subheading 9802.00.40, 9802.00.50, or 

9802.00.60, HTSUS, the value of U.S.- 

origin parts used in the foreign repairs, 

alterations, or processing. 

Withdrawal of Notice of Proposed 

Rulemaking 

CBP is withdrawing the notice of 

proposed rulemaking published in the 

Federal Register on March 13, 2009, so 

that relevant issues involved in the 

proposed rulemaking may be further 

considered. 

Jayson P. Ahern, 

Acting Commissioner, Customs and Border 

Protection. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–7154 Filed 3–27–09; 8:45 am] 

BILLING CODE 9111–14–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4001, 4901 and 4902 

Disclosure and Amendment of 

Records Pertaining to Individuals 

Under the Privacy Act 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Proposed rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is proposing to 

amend its regulations implementing the 

Privacy Act of 1974, as amended, to 

exempt certain records that will be 

maintained in a system of records 

entitled ‘‘PBGC–17, Office of Inspector 

General Investigative File System)— 

PBGC’’ from the access, contest, and 

certain other provisions of the Privacy 

Act. The amendment would protect the 

information gathered to carry out the 

Office of Inspector General’s law 

enforcement mission to investigate 

criminal, civil, and administrative 

matters. 

DATES: Comments must be received by 

April 29, 2009. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• E-mail: reg.comments@pbgc.gov. 

• Fax: 202–326–4224. 

• Mail or Hand Delivery: Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

Comments received, including personal 

information provided, will be posted to 

http://www.pbgc.gov. Copies of 

comments may also be obtained by 

writing to Disclosure Division, Office of 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Margaret E. Drake, Attorney, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026; 202– 

326–4400 (extension 3228); or James 

Bloch, Program Analyst, Legislative & 

Regulatory Department; 202–326–4223 

(extension 3530). (For TTY/TDD users, 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4400 (extension 

3228) or 202–326–4223 (extension 

3530).) 

SUPPLEMENTARY INFORMATION: The PBGC 

Office of Inspector General (OIG) 

conducts criminal, civil and 

administrative investigations and 

compiles and maintains case files 

containing identifying information 

about potential subjects and sources. 

PBGC is proposing a new system of 

records subject to the Privacy Act of 

1974, as amended, 5 U.S.C. 552a 

(‘‘Privacy Act’’), entitled ‘‘PBGC–17, 

Office of Inspector General Investigative 

File System—PBGC.’’ (PBGC’s notice of 

a new system of records appears 

elsewhere in today’s Federal Register.) 

The proposed new system of records 

will cover only the files of investigation 

that identify by name, or other personal 

identifier, individuals who are subjects 

or sources of information. The system of 

records is necessary to the investigative 

functions performed by the OIG under 

the authority of the Inspector General 

Act of 1978, as amended, 5 U.S.C. App. 

3. The files may contain information 

about criminal, civil or administrative 

wrongdoing, or about fraud, waste or 

mismanagement, or other violations of 

law or regulation. This information 

could be the basis for referrals to 

appropriate prosecutorial authorities for 

consideration of criminal or civil 

prosecution or to PBGC management for 

administrative corrective action. The 

collection and maintenance of these 

types of records that are subject to this 

system are not new; however, in the 

past they have not been retrieved by a 

name or other personal identifier. OIG is 

implementing an electronic records 

management system from which records 

will be retrieved by name or other 

personal identifier. 

Proposed Regulatory Changes 

Exemptions 

PBGC is proposing to amend its 

regulations implementing the Privacy 

Act (29 CFR part 4902) to exempt, under 

5 U.S.C. 552a(j) and (k), certain records 

that will be maintained in PBGC–17 

from the access, contest, and certain 

other provisions of the Privacy Act. The 

amendment would protect the 

information gathered to carry out OIG’s 

law enforcement mission to investigate 

criminal, civil, and administrative 

matters. The exemptions relate to 

records maintained by OIG pertaining to 

the enforcement of criminal laws (see 5 

U.S.C. 552a(j)(2)) and investigatory 

material compiled for law enforcement 

generally (see 5 U.S.C. 552a(k)(2)), and 

for determining individuals’ eligibility 

or qualifications for Federal 

employment or Federal contracts (see 5 

U.S.C. 552a(k)(5)). 

Other Changes 

Section 411 of the Pension Protection 

Act of 2006, Public Law 109–280, 

amended section 4002(a) of ERISA to 

state that PBGC is to be administered by 

a Director appointed by the President, 

subject to Senate confirmation. Thus, 

PBGC proposes to replace all references 


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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 14101 

to the term ‘‘Executive Director’’ in part 

4902 with the term ‘‘Director.’’ PBGC 

also proposes to replace all references to 

the term ‘‘Deputy Executive Director’’ in 

part 4902 with the term ‘‘Deputy 

Director for Operations.’’ 

This proposed rule would update the 

definition of PBGC’s Disclosure Officer, 

remove the definition of Disclosure 

Officer from regulation § 4901.2 and 

§ 4902.2, and centralize the definition in 

§ 4001.2. The proposed rule also would 

direct individuals to PBGC’s Web site 

(http://www.pbgc.gov) for information 

on where an individual can address a 

request to learn whether PBGC 

maintains any system of records that 

contains a record pertaining to the 

individual and, if so, how to obtain 

access to such a record. 

Compliance With Rulemaking 

Guidelines 

PBGC has determined that this action 

is not a ‘‘significant regulatory action’’ 

under the criteria set forth in Executive 

Order 12866. 

PBGC certifies under section 605(b) of 

the Regulatory Flexibility Act that the 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The rule would only affect the 

maintenance and disclosure of 

information about individuals by PBGC 

under the Privacy Act and therefore 

would have no economic impact on 

entities of any size. Accordingly, 

sections 603 and 604 of the Regulatory 

Flexibility Act do not apply. 

List of Subjects 

29 CFR Part 4001 

Pension insurance. 

29 CFR Part 4901 

Freedom of information. 

29 CFR Part 4902 

Privacy. 

For the reasons set forth above, PBGC 

is proposing to amend 29 CFR parts 

4001, 4901, and 4902 as follows: 

PART 4001—TERMINOLOGY 

1. The authority citation for Part 4001 

continues to read as follows: 

Authority: 29 U.S.C. 1301, 1302(b)(3). 

2. Section 4001.2 is amended by 

adding a new definition in alphabetical 

order to read as follows: 

§ 4001.2 Definitions. 

* * * * * 

Disclosure officer means the official 

designated as disclosure officer in the 

Office of the General Counsel, PBGC. 

* * * * * 

PART 4901—EXAMINATION AND 

COPYING OF PENSION BENEFIT 

GUARANTY CORPORATION 

RECORDS 

3. The authority citation for Part 4901 

continues to read as follows: 

Authority: 5 U.S.C. 552, 29 U.S.C. 

1302(b)(3). 

§ 4901.2 [Amended] 

4. Section 4901.2 is amended by 

removing the definition of Disclosure 

officer. 

§ 4901.11 [Amended] 

5. Section 4901.11 is amended by 

removing the words ‘‘Communications 

and Public Affairs Department’’ and 

adding in their place ‘‘Office of the 

General Counsel’’; and removing the 

number ‘‘240’’ and adding in its place 

the number ‘‘11101’’. 

PART 4902—DISCLOSURE AND 

AMENDMENT OF RECORDS 

PERTAINING TO INDIVIDUALS UNDER 

THE PRIVACY ACT 

6. The authority citation for Part 4902 

continues to read as follows: 

Authority: 5 U.S.C. 552a. 

7. Section 4902.1 is revised to read as 

follows: 

§ 4902.1 Purpose and Scope. 

(a) Procedures. Sections 4902.3 

through 4902.7 establish procedures 

under which: 

(1) An individual may— 

(i) Determine whether PBGC 

maintains any system of records that 

contains a record pertaining to the 

individual; 

(ii) Obtain access to the individual’s 

record upon request; 

(iii) Make a request to amend the 

individual’s record; and 

(iv) Appeal a denial of a request to 

amend the individual’s record; and 

(2) PBGC will make an initial 

determination of a request to amend an 

individual’s record. 

(b) Fees. Section 4902.8 prescribes the 

fees for making copies of an individual’s 

record. 

(c) Privacy Act provisions. Section 

4902.9 summarizes the Privacy Act (5 

U.S.C. 552a) provisions for which PBGC 

claims an exemption for certain systems 

of records. 

(d) Exemptions. Sections 4902.10 

through 4902.11 set forth those systems 

of records that are exempted from 

certain disclosure and other provisions 

of the Privacy Act, and the reasons for 

the exemptions. 

§ 4902.2 [Amended] 

8. Section 4902.2 is amended by 

removing the definition of Disclosure 

officer. 

§ 4902.3 [Amended] 

9. Section 4902.3(a) is amended by 

removing the words ‘‘on any working 

day in the Communications and Public 

Affairs Department, PBGC, 1200 K 

Street, NW., Suite 240, Washington, DC 

20005–4026.’’ and adding in their place 

‘‘on any working day. Current 

information on how to make a request, 

including the Disclosure Officer’s 

mailing address and location, can be 

obtained on PBGC’s Web site, http:// 

www.pbgc.gov.’’. 

§ 4902.4 [Amended] 

10. Section 4902.4(a) is amended by 

removing the words ‘‘Communications 

and Public Affairs Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street NW., Washington, DC 20005– 

4026’’ and adding in their place 

‘‘PBGC’’; and by adding at the end of the 

paragraph the words ‘‘Current 

information on where the records may 

be inspected and copied can be obtained 

on PBGC’s Web site, http:// 

www.pbgc.gov.’’. 

§ 4902.6 [Amended] 

11. Section 4902.6(a) is amended by 

removing the word ‘‘Executive’’. 

§ 4902.7 [Amended] 

12. In § 4902.7, paragraph (a) is 

amended by removing the words 

‘‘Deputy Executive Director’’ and adding 

in their place ‘‘Deputy Director for 

Operations’’, and paragraph (b) is 

amended by removing the words ‘‘the 

Executive Director’’ and adding in their 

place ‘‘the Director’’; and by removing 

the words ‘‘Deputy Executive Director’’ 

wherever they appear, and adding in 

their place ‘‘Deputy Director for 

Operations’’. 

13. Sections 4902.9 and 4902.10 are 

redesignated as §§ 4902.10 and 4902.12, 

respectively, and the newly 

redesignated § 4902.10 is revised to read 

as follows: 

§ 4902.10 Specific exemption: Personnel 

Security Investigation Records 

(a) Exemption. Under the authority 

granted by 5 U.S.C. 552a(k)(5), the PBGC 

hereby exempts the system of records 

entitled ‘‘PBGC–12, Personnel Security 

Investigation Records—PBGC’’ from the 

provisions of 5 U.S.C. 552a (c)(3), (d), 

(e)(1), (e)(4)(G), (H), and (I), and (f), to 

the extent that the disclosure of such 

material would reveal the identity of a 

source who furnished information to 

PBGC under an express promise of 

confidentiality or, before September 27, 


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14102 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 

1975, under an implied promise of 

confidentiality. 

(b) Reasons for Exemption. The 

reasons for asserting this exemption are 

to insure the gaining of information 

essential to determining suitability and 

fitness for PBGC employment or for 

work for the PBGC as a contractor or as 

an employee of a contractor, access to 

information, and security clearances, to 

insure that full and candid disclosures 

are obtained in making such 

determinations, to prevent subjects of 

such determinations from thwarting the 

completion of such determinations, and 

to avoid revealing the identities of 

persons who furnish information to the 

PBGC in confidence.’’ 

14. New §§ 4902.9 and 4902.11 are 

added to read as follows: 

§ 4902.9 Privacy Act provisions for which 

PBGC claims an exemption. 

Subsections 552a(j) and (k) of title 5, 

U.S.C., authorize the PBGC to exempt 

systems of records meeting certain 

criteria from various other subsections 

of section 552a. This section contains a 

summary of the Privacy Act provisions 

for which PBGC claims an exemption 

for the systems of records discussed in 

this part pursuant to, and to the extent 

permitted by, subsections 552a(j) and 

(k): 

(a) Subsection (c)(3) of 5 U.S.C. 552a 

requires an agency to make available to 

the individual named in the records an 

accounting of each disclosure of 

records. 

(b) Subsection (c)(4) of 5 U.S.C. 552a 

requires an agency to inform any person 

or other agency to which a record has 

been disclosed of any correction or 

notation of dispute the agency has made 

to the record in accordance with 

subsection (d) of the Privacy Act. 

(c) Subsections (d)(1) through (4) of 5 

U.S.C. 552a require an agency to permit 

an individual to gain access to records 

about the individual, to request 

amendment of such records, to request 

a review of an agency decision not to 

amend such records, and to provide a 

statement of disagreement about a 

disputed record to be filed and 

disclosed with the disputed record. 

(d) Subsection (e)(1) of 5 U.S.C. 552a 

requires an agency to maintain in its 

records only such information about an 

individual that is relevant and necessary 

to accomplish a purpose required by 

statute or executive order of the 

President. 

(e) Subsection (e)(2) of 5 U.S.C. 552a 

requires an agency to collect 

information to the greatest extent 

practicable directly from the subject 

individual when the information may 

result in adverse determinations about 

an individual’s rights, benefits, and 

privileges under federal programs. 

(f) Subsection (e)(3) of 5 U.S.C. 552a 

requires an agency to inform each 

person whom it asks to supply 

information of the authority under 

which the information is sought, 

whether disclosure is mandatory or 

voluntary, the principal purpose(s) for 

which the information will be used, the 

routine uses that may be made of the 

information, and the effects of not 

providing the information. 

(g) Subsection (e)(4)(G) and (H) of 5 

U.S.C. 552a requires an agency to 

publish a Federal Register notice of its 

procedures whereby an individual can 

be notified upon request whether the 

system of records contains information 

about the individual, how to gain access 

to any record about the individual 

contained in the system, and how to 

contest its content. 

(h) Subsection (e)(5) of 5 U.S.C. 552a 

requires an agency to maintain its 

records with such accuracy, relevance, 

timeliness, and completeness as is 

reasonably necessary to ensure fairness 

to the individual in making any 

determination about the individual. 

(i) Subsection (e)(8) of 5 U.S.C. 552a 

requires an agency to make reasonable 

efforts to serve notice on an individual 

when any record on such individual is 

made available to any person under 

compulsory legal process when such 

process becomes a matter of public 

record. 

(j) Subsection (f) of 5 U.S.C. 552a 

requires an agency to establish 

procedures whereby an individual can 

be notified upon request if any system 

of records named by the individual 

contains a record pertaining to the 

individual, obtain access to the record, 

and request amendment. 

(k) Subsection (g) of 5 U.S.C. 552a 

provides for civil remedies if an agency 

fails to comply with the access and 

amendment provisions of subsections 

(d)(1) and (d)(3), and with other 

provisions of the Privacy Act, or any 

rule promulgated thereunder, in such a 

way as to have an adverse effect on an 

individual. 

§ 4902.11 Specific exemptions: Office of 

Inspector General Investigative File System. 

(a) Criminal Law Enforcement—(1) 

Exemption. Under the authority granted 

by 5 U.S.C. 552a(j)(2), the PBGC hereby 

exempts the system of records entitled 

‘‘PBGC–17, Office of Inspector General 

Investigative File System—PBGC’’ from 

the provisions of 5 U.S.C. 552a(c)(3), 

(c)(4), (d)(1) through (4), (e)(1) through 

(3), (e)(4)(G) and (H), (e)(5), (e)(8), (f), 

and (g) because the system contains 

information pertaining to the 

enforcement of criminal laws. 

(2) Reasons for exemption. The 

reasons for asserting this exemption are: 

(i) Disclosure to the individual named 

in the record pursuant to subsections 

(c)(3), (c)(4), or (d)(1) through (4) could 

seriously impede or compromise the 

investigation by alerting the target(s), 

subjecting a potential witness or 

witnesses to intimidation or improper 

influence, and leading to destruction of 

evidence. 

(ii) Application of subsection (e)(1) is 

impractical because the relevance of 

specific information might be 

established only after considerable 

analysis and as the investigation 

progresses. Effective law enforcement 

requires the Office of Inspector General 

to keep information that may not be 

relevant to a specific Office of Inspector 

General investigation, but which may 

provide leads for appropriate law 

enforcement and to establish patterns of 

activity that might relate to the 

jurisdiction of the Office of Inspector 

General and/or other agencies. 

(iii) Application of subsection (e)(2) 

would be counterproductive to 

performance of a criminal investigation 

because it would alert the individual to 

the existence of an investigation. 

(iv) Application of subsection (e)(3) 

could discourage the free flow of 

information in a criminal law 

enforcement inquiry. 

(v) The requirements of subsections 

(e)(4)(G) and (H), and (f) do not apply 

because this system is exempt from the 

provisions of subsection (d). 

Nevertheless, PBGC has published 

notice of its notification, access, and 

contest procedures because access is 

appropriate in some cases. 

(vi) Although the Office of Inspector 

General endeavors to maintain accurate 

records, application of subsection (e)(5) 

is impractical because maintaining only 

those records that are accurate, relevant, 

timely, and complete and that assure 

fairness in determination is contrary to 

established investigative techniques. 

Information that may initially appear 

inaccurate, irrelevant, untimely, or 

incomplete may, when collated and 

analyzed with other available 

information, become more pertinent as 

an investigation progresses. 

(vii) Application of subsection (e)(8) 

could prematurely reveal an ongoing 

criminal investigation to the subject of 

the investigation. 

(viii) The provisions of subsection (g) 

do not apply to this system if an 

exemption otherwise applies. 

(b) Other Law Enforcement—(1) 

Exemption. Under the authority granted 

by 5 U.S.C. 552a(k)(2), the PBGC hereby 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 14103 

exempts the system of records entitled 

‘‘PBGC–17, Office of Inspector General 

Investigative File System—PBGC’’ from 

the provisions of 5 U.S.C. 552a(c)(3), 

(d)(1) through (4), (e)(1), (e)(4)(G) and 

(H), and (f) for the same reasons as 

stated in paragraph (a)(2) of this section, 

that is, because the system contains 

investigatory material compiled for law 

enforcement purposes other than 

material within the scope of subsection 

552a(j)(2). 

(2) Reasons for exemption. The 

reasons for asserting this exemption are 

because the disclosure and other 

requirements of the Privacy Act could 

substantially compromise the efficacy 

and integrity of the Office of Inspector 

General operations. Disclosure could 

invade the privacy of other individuals 

and disclose their identity when they 

were expressly promised 

confidentiality. Disclosure could 

interfere with the integrity of 

information which would otherwise be 

subject to privileges, see, e.g., 5 U.S.C. 

552(b)(5), and which could interfere 

with other important law enforcement 

concerns, see, e.g., 5 U.S.C. 552(b)(7). 

(c) Federal Civilian or Contract 

Employment—(1) Exemption. Under the 

authority granted by 5 U.S.C. 552a(k)(5), 

the PBGC hereby exempts the system of 

records entitled ‘‘PBGC–17, Office of 

Inspector General Investigative File 

System—PBGC’’ from the provisions of 

5 U.S.C. 552a(c)(3), (d)(1) through (4), 

(e)(1), (e)(4)(G) and (H), and (f) because 

the system contains investigatory 

material compiled for the purpose of 

determining eligibility or qualifications 

for federal civilian or contract 

employment. 

(2) Reason for exemption. The reason 

for asserting this exemption is to protect 

from disclosure the identity of a 

confidential source when an express 

promise of confidentiality has been 

given to obtain information from 

sources who would otherwise be 

unwilling to provide necessary 

information. 

Issued in Washington, DC, this 23rd day of 

March, 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–6973 Filed 3–27–09; 8:45 am] 

BILLING CODE 7709–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–650; MB Docket No. 08–101; RM– 

11438] 

Television Broadcasting Services; Ann 

Arbor, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Dismissal. 

SUMMARY: The Commission dismisses 

the pending rulemaking petition filed by 

Paxson Communications License 

Company, LLC (‘‘Paxson’’), permittee of 

WPXD–DT, post-transition digital 

television channel 31, which proposes 

to substitute digital television channel 

19 for post-transition digital television 

channel 31 at Ann Arbor, Michigan. 

Paxson’s proposed channel substitution 

requires coordination and concurrence 

with the Canadian government because 

the proposed facility is located within 

the Canadian coordination zone. The 

Canadian government has indicated that 

Paxson’s proposed channel substitution 

is not acceptable. Therefore, the 

Commission cannot approve Paxson’s 

rulemaking petition. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Order, 

MB Docket No. 08–101, adopted March 

18, 2009, and released March 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. 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Order to the 

Government Accountability Office, 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A) since this 

proposed rule is dismissed, herein.) 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–7032 Filed 3–27–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–638; MB Docket No. 09–33; RM– 

11521] 

Television Broadcasting Services; 

Derby, KS 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission requests 

comments on a channel substitution 

proposed by Entravision Holdings, LLC 

(‘‘Entravision’’), the permittee of KDCU– 

DT, DTV channel 46, Derby, Kansas. 

Entravision requests the substitution of 

DTV channel 31 for post-transition DTV 

channel 46 at Derby. 

DATES: Comments must be filed on or 

before April 14, 2009, and reply 

comments on or before April 24, 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: 

Barry A. Friedman, Esq., Thompson 

Hine LLP, 1920 N Street, NW., Suite 

800, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@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. 

09–33, adopted March 17, 2009, and 

released March 19, 2009. The full text 

of this document is available for public 


rwilkins on PROD1PC63 with PROPOSALS