17810 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 

for administrative review of the notice 

or decision under subsection (c) under 

§ 4VAC25–130–775.11 and § 2.2–4000 et 

seq of the Code of Virginia, the notice 

of the public hearing scheduled under 

this subsection will be posted at the 

division office located nearest to the 

permit. 

4. 4VAC25–130–773.13 Public 

participation in permit processing. 

The corresponding Federal regulation 

is 30 CFR 773.6. The DMME proposes 

to change ‘‘paragraph’’ to ‘‘subsection’’ 

in section (b)(1). 

5. 4VAC25–130–774.12 Post-permit 

issuance requirements. 

The corresponding Federal regulation 

for this section is 30 CFR 774.11. The 

DMME proposes to change ‘‘paragraph’’ 

to ‘‘subsection’’ in section (e). 

6. 4VAC25–130–774.17 Transfer, 

assignment, or sale of permit rights. 

The corresponding Federal regulation 

for this section is 30 CFR 774.17. The 

DMME proposes to change ‘‘paragraph’’ 

to ‘‘subsection’’ in section (a). 

7. 4VAC130–778.13 Identification of 

interests. 

The corresponding Federal regulation 

for this section is 30 CFR 778.11. The 

DMME proposes to change 

‘‘paragraph(s)’’ to ‘‘subsection(s)’’ in 

sections (c), (d), (k), and (m). 

8. 4VAC25–130–801.13 Self-bonding. 

There is no direct Federal counterpart 

regulation for this section. The DMME 

proposes to change ‘‘paragraph’’ to 

‘‘subdivision’’ in sections (a)(3), (a)(7), 

and (b). 

9. 4VAC25–130–840.14 Aailability of 

records. 

The corresponding Federal regulation 

is 30 CFR 840.14(c). The DMME 

proposes to post a notice that states in 

part: Pursuant to § 2.1–340 et seq. of the 

Code of Virginia, as amended, and §§ 4 

VAC 25–130–700.14, 4 VAC 25–130– 

702.13, 4 VAC 25–130–772.15, 4 VAC 

25–130–773.13(d), and 4 VAC 25–130– 

840.14 (b) of the Virginia Coal Surface 

Mining Reclamation Regulations, the 

Division of Mined Land Reclamation 

(DMLR) will make available copies of all 

records, reports, inspection materials, 

permit applications, or information 

obtained by the Division for public 

inspection and copying. The Division 

will maintain the information at its 

principal office located in Big Stone 

Gap, Virginia. The information will also 

be made available upon request at the 

Division’s Lebanon office. The DMLR 

may, upon request, provide the 

information at other Federal, State, or 

local government office(s) located in the 

county where the mining is or may be 

proposed to occur, or provide the 

information electronically to the 

requestor. If a person wishes to inspect 

the information, he or she may visit or 

call one of DMLR’s offices, or send an 

electronic request. Information 

regarding laws, regulations, public 

participation, complaints, guidance 

documents, procedures to request 

information, and other topics may be 

obtained from the DMLR’s office or 

accessed through the DMLR’s internet 

site. This notice will be sent to Circuit 

Court Clerks of coal-producing counties 

(Lee, Wise, Scott, Dickenson, Russell, 

Tazewell, Buchanan); posted at DMLR 

offices; and placed on the DMME 

webpage. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the submission 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Virginia program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent Tribal or Federal laws or 

regulations, technical literature, or other 

relevant publications. We cannot ensure 

that comments received after the close 

of the comment period (see DATES) or 

sent to an address other than those 

listed above (see ADDRESSES) will be 

included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: January 22, 2009. 

Thomas D. Shope, 

Regional Director. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on Tuesday, April 14, 2009. 

[FR Doc. E9–8883 Filed 4–16–09; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0181; FRL–8892–9] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Enhanced Inspection and Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by the Georgia 

Department of Natural Resources 

through the Georgia Environmental 

Protection Division on February 13, 

2009. The revisions include minor 

changes to Georgia’s Air Quality Rules 

found at Chapter 391–3–20–.17, 

pertaining to rules for Enhanced 

Inspection and Maintenance. 

Specifically, the changes update the 

amount of repair costs that may qualify 

for a waiver. This action is being taken 

pursuant to section 110 of the Clean Air 

Act. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this final rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

of this proposal. Any parties interested 

in commenting on this proposal should 

do so at this time. 

DATES: Written comments must be 

received on or before May 18, 2009. 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17811 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–0181 by one of the following 

methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2009– 

0181,’’ Regulatory Development Section; 

Air Planning Branch; Air, Pesticides and 

Toxics Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section; Air Planning 

Branch; Air, Pesticides and Toxics 

Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Mohammad Madjdinasab, Regulatory 

Development Section; Air Planning 

Branch; Air, Pesticides and Toxics 

Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9026. 

Mr. Madjdinasab can also be reached via 

electronic mail at 

madjdinasab.mohammad@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules section of this Federal Register. 

Dated: April 3, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–8783 Filed 4–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–739; MB Docket No. 09–46; RM– 

11524] 

Television Broadcasting Services; 

Buffalo, NY 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission requests 

comments on a channel substitution 

proposed by New York Television, Inc. 

(‘‘New York TV’’), the licensee of 

WYNO–DT, DTV channel 34, Buffalo, 

New York. New York TV requests the 

substitution of DTV channel 49 for posttransition DTV channel 34 at Buffalo. 

DATES: Comments must be filed on or 

before May 4, 2009, and reply comments 

on or before May 12, 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: 

Clifford Harrington, Esq., Pillsbury 

Winthrop Shaw Pittman LLP, 2300 N 

Street, NW., Washington, DC 20037– 

1128. 

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 Rulemaking, MB Docket No. 

09–46, adopted March 26, 2009, and 

released April 2, 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). 

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 Rulemaking 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 Buffalo, is amended by adding 

DTV channel 49 and removing DTV 

channel 34 at Buffalo. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–8769 Filed 4–16–09; 8:45 am] 

BILLING CODE 6712–01–P 


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