14104 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 

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). 

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 [Amended] 

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

under Kansas, is amended by adding 

DTV channel 31 and removing DTV 

channel 46 at Derby. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–7055 Filed 3–27–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 260 

[Docket No. FRA–2008–0061, Notice No. 2] 

RIN 2130–AB91 

Railroad Rehabilitation and 

Improvement Financing Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); withdrawal. 

SUMMARY: On June 9, 2008, FRA 

published an NPRM in the Federal 

Register proposing to amend the 

eligibility and application form and 

content criteria of the Railroad 

Rehabilitation and Improvement 

Finance (RRIF) Program. For the reasons 

stated below, FRA has decided to 

withdraw the NPRM. 

DATES: The NPRM published on June 9, 

2008 at 73 FR 32515 is withdrawn as of 

March 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Casey Symington, Attorney Advisor, 

Office of Chief Counsel, FRA, 1200 New 

Jersey Avenue, SE., RCC–20, Mail Stop 

10, Washington, DC 20590 (telephone 

202–493–6349). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The NPRM was developed in order to 

ensure the long-term sustainability of 

the Railroad Rehabilitation and 

Improvement Financing (RRIF) Program, 

promote the competitiveness of the 

railroad industry, and reduce the risk of 

default for applicants and the Federal 

government (government). The NPRM 

proposed to accomplish these goals by 

adding additional eligibility and 

application content requirements to the 

existing RRIF regulations. However, 

during and after the formal comment 

period on the NPRM, FRA received 

adverse comments on its provisions. 

After reviewing these comments, FRA 

has determined that it has insufficient 

information to ensure that the proposed 

provisions would achieve the stated 

goals of the NPRM or to ensure that the 

proposed provisions would not cause 

unintended consequences on the 

utilization of the RRIF program. 

Accordingly, FRA is withdrawing the 

NPRM. 

FRA received 21 written comments in 

response to the NPRM. All commenters 

opposed the NPRM. Nine commenters 

requested that it be withdrawn and 

three commenters requested that the 

NPRM be suspended or not 

implemented. The majority of 

comments raised concerns about the 

need and purpose of the rulemaking, the 

inability of the proposed rule to address 

the stated goals, the negative effect of 

the proposed rule on small entities and 

non-railroad entities, the increased costs 

and expense of complying with the 

proposed rule, the NPRM’s effect of 

limiting the availability of the RRIF 

program and the possible resulting 

reduction in rail infrastructure 

investment, possible contradictions of 

legislative intent, and potentially 

unclear language in several of the NPRM 

provisions. 

The comments thoughtfully addressed 

a number of issues raised through the 

NPRM, and FRA appreciates the time 

and effort put forth by those who 

commented. 

II. Reason for Withdrawal 

FRA has carefully reviewed the 

comments submitted pursuant to the 

NPRM. Based on our review of the 

comments, there is insufficient 

information at this time to assure a final 

rule with the proposed provisions 

would not have the unintended negative 

consequences anticipated by the 

commenters. 

FRA remains dedicated to ensuring 

responsible lending through the RRIF 

program. As such, this withdrawal does 

not preclude the agency from issuing a 

separate rulemaking concerning the 

program. Should FRA decide to 

undertake such a rulemaking in the 

future, FRA will re-propose actions and 

provide new opportunities for comment. 

III. The Withdrawal 

In consideration of the foregoing, the 

NPRM for FRA Docket No. FRA–2008– 

0061, as published in the Federal 

Register on June 9, 2008 (73 FR 32515) 

is hereby withdrawn. 

Issued in Washington, DC, on March 24, 

2009. 

Jo Strang, 

Acting Deputy Administrator. 

[FR Doc. E9–6940 Filed 3–27–09; 8:45 am] 

BILLING CODE 4910–06–P 


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