3886 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

**BEFs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Napa 

Maps are Available for inspection at the City of Napa Public Works Department, 1600 1st Street, Napa, CA 94559. 

Unincorporated Areas of Napa County 

Maps are available for inspection at the Napa County Public Works Department, 1195 3rd Street, Suite 201, Napa, CA 94559. 

[FR Doc. C1–2009–21472 Filed 1–22–10; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 09–209; FCC 09–102] 

Amateur Service Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the amateur radio service rules 

to clarify certain rules and codify 

existing procedures governing the 

amateur service vanity call sign system, 

and to revise certain rules applicable to 

amateur service club stations. 

DATES: Submit comments on or before 

March 26, 2010 and reply comments are 

due April 12, 2010. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 09–209; 

FCC 09–102, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People With Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

William T. Cross, Public Safety and 

Critical Infrastructure Division, Wireless 

Telecommunications Bureau, (202) 418– 

0680, TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Notice 

of Proposed Rulemaking and Order 

(NPRM), WT Docket No. 09–209, FCC 

09–102, adopted November 23, 2009, 

and released November 24, 2009. The 

full text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street, SW., Room CY– 

A257, Washington, DC 20554, or by 

downloading the text from the 

Commission’s Web site at http:// 

www.fcc.gov/Daily_Releases/ 

Daily_Digest/2009/dd091125.html. The 

complete text also may be purchased 

from the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

Portals II, 445 12th Street, Suite CY– 

B402, Washington, DC 20554. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an e-mail to FCC504@fcc.gov or 

calling the Consumer and Government 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

1. In this document, the Wireless 

Telecommunications Bureau (WTB) of 

the Federal Communications 

Commission (Commission) amends the 

part 97 Amateur Radio Service rules to 

clarify certain rules and codifies 

existing procedures governing the 

amateur service vanity call sign system. 

The Commission also revises certain 

rules applicable to amateur service club 

stations. The Commission found that 

certain provisions in the rules 

applicable to the vanity call sign system 

should be codified in our rules, and 

others added, so that the vanity call sign 

system will be fair, equitable, and 

transparent to all amateur service 

licensees. Specifically, the Commission 

proposes in the NPRM to amend the 

amateur service’s vanity call sign rules 

to: clarify the process by which such 

call signs become available for 

reassignment after the license expires or 

is canceled; clarify the exceptions to the 

rule that a call sign shown on a canceled 

license is unavailable to the vanity call 

sign system for two years; require that 

applications requesting a change in 

trustee include documentation signed 

by an officer of the club when the 

application is submitted to the Club 

Station Call Sign Administrator; and, to 

limit club stations to holding one call 

sign. 

I. Procedural Matters 

A. Ex Parte Rules—Permit-but-Disclose 

Proceeding 

2. This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s rules. 

B. Comment Dates 

3. Pursuant to sections 1.415 and 

1.419 of the Commission’s rules, 

interested parties may file comments on 

or before March 26, 2010, and reply 

comments are due April 12, 2010. 

4. Commenters may file comments 

electronically using the Commission’s 

Electronic Comment Filing System 

(ECFS), the Federal Government’s 

eRulemaking Portal, or by filing paper 

copies. Commenters filing through the 

ECFS can be sent as an electronic file 

via the Internet to http://www.fcc.gov/efile/ecfs.html. If multiple docket or 

rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy for each 


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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 3887 

docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

number. Commenters may also submit 

an electronic comment by Internet email. To get filing instructions for e-mail 

comments, commenters should send an 

e-mail to ecfs@fcc.gov, and should 

include the following words in the body 

of the message, ‘‘get form.’’ Commenters 

will receive a sample form and 

directions in reply. Commenters filing 

through the Federal eRulemaking Portal 

http://www.regulations.gov, should 

follow the instructions provided on the 

Web site for submitting comments. 

5. Commenters who chose to file 

paper comments must file an original 

and four copies of each comment. If 

more than one docket or rulemaking 

number appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. All 

filings must be sent to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission, 

445 12th Street, SW., Room TW–A325, 

Washington, DC 20554. 

6. Commenters may send filings by 

hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. The Commission’s 

contractor will receive hand-delivered 

or messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. 

Commenters must bind all hand 

deliveries together with rubber bands or 

fasteners and must dispose of any 

envelopes before entering the building. 

This facility is the only location where 

the Commission’s Secretary will accept 

hand-delivered or messenger-delivered 

paper filings. Commenters must send 

commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. 

Commenters should address U.S. Postal 

Service first-class mail, Express Mail, 

and Priority Mail to 445 12th Street, 

SW., Washington, DC 20554. 

C. Paperwork Reduction Act 

7. 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). 

II. Initial Regulatory Flexibility 

Analysis 

8. The Regulatory Flexibility Act 

requires an initial regulatory flexibility 

analysis to be prepared for notice and 

comment rulemaking proceedings, 

unless the agency certifies that ‘‘the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities.’’ 

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

9. In this NPRM, we propose to amend 

the amateur service rules applicable to 

the vanity call sign system and club 

station licensing. Because ‘‘small 

entities,’’ as defined in the RFA, are not 

persons eligible for licensing in the 

amateur service, these proposed rules 

do not apply to ‘‘small entities.’’ Rather, 

the rules apply exclusively to 

individuals who currently are amateur 

service licensees and who are requesting 

a specific call sign be assigned to their 

station. Moreover, club stations are not 

authorized to transmit any 

communications in which the station 

licensee or control operator has a 

pecuniary interest, and thus do not 

qualify as a ‘‘small entity.’’ Therefore, we 

certify that the proposals in this NPRM, 

if adopted, will not have a significant 

economic impact on a substantial 

number of small entities. 

III. Ordering Clauses 

10. Pursuant to sections 4(i), 4(j), and 

303(r) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 

154(j), and 303(r), notice is hereby given 

of the proposed amendment to part 97 

of the Commission’s rules, 47 CFR part 

97, as described above, and that 

comment is sought on this proposal to 

amend part 97 of the Commission’s 

rules as set forth below. 

11. Pursuant to § 1.407 of the 

Commission’s rules, 47 CFR 1.407, the 

Petition for Rule Making filed by 

Barbara J. Levow on May 20, 2008 is 

denied. 

12. Pursuant to § 1.407 of the 

Commission’s rules, 47 CFR 1.407, the 

Petition to Change part 97.19(c)(2) of the 

Amateur Radio Service Rules filed by 

Steven Bryant on June 29, 2009 is 

denied. 

13. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this NPRM, including the Initial 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 97 

Radio. 

Marlene H. Dortch, 

Secretary, 

Federal Communications Commission. 

Proposed Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 97 as follows: 

PART 97—AMATEUR RADIO SERVICE 

1. The authority citation for part 97 

continues to read as follows: 

Authority: 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303. Interpret or 

apply 48 Stat. 1064–1068, 1081–1105, as 

amended; 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

2. Section 97.3 is amended by 

redesignating paragraphs (a)(27) through 

(a)(49) as paragraphs (a)(28) through 

(a)(50), and adding a new paragraph 

(a)(27) to read as follows: 

§ 97.3 Definitions. 

(a) * * * 

(27) In-law. A parent or stepparent of 

a licensee’s spouse; a licensee’s spouse’s 

sibling; the spouse of a licensee’s 

spouse’s sibling; or the spouse of a 

licensee’s sibling, child, or stepchild. 

* * * * * 

3. Section 97.5 is amended by revising 

paragraph (b)(2) to read as follows: 

§ 97.5 Station license required. 

* * * * * 

(b) * * * 

(2) A club station license grant. A club 

station license grant may be held only 

by the person who is the license trustee 

designated by an officer of the club. The 

trustee must be a person who holds an 

operator/primary station license grant. 

The club must be composed of at least 

four persons and must have a name, a 

document of organization, management, 

and a primary purpose devoted to 

amateur service activities consistent 

with this part. After [date reserved], no 

additional club station license grant will 

be made to a club whose trustee already 


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3888 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 

holds a club station license grant for 

that club. 

* * * * * 

4. Section 97.19 is amended by 

revising paragraphs (c)(2), (c)(3), and (d) 

introductory paragraph to read as 

follows: 

§ 97.19 Application for a vanity call sign. 

* * * * * 

(c) * * * 

(2) A call sign shown on a 

surrendered, revoked, set aside, 

canceled (except for license that are 

canceled pursuant to § 97.21(d), or 

voided license grant is not available to 

the vanity call sign system for 2 years 

following the date such action is taken. 

(The availability of a call sign shown on 

a license canceled pursuant to § 97.21(d) 

is governed by paragraph (c)(3) of this 

section.) 

(i) This 2-year period does not apply 

to any license grant pursuant to 

paragraph (c)(3)(i), (ii), or (iii) of this 

section that is surrendered, canceled, 

revoked, voided, or set aside because 

the grantee acknowledged or the 

Commission determined that the grantee 

was not eligible for the exception. 

(ii) An applicant to whose operator/ 

primary station license grant, or club 

station license grant for which the 

applicant is the trustee, the call sign was 

previously assigned is exempt from this 

2-year period. 

(3) The call sign shown on a license 

canceled pursuant to § 97.21(d) is not 

available to the vanity call sign system 

for 2 years following the person’s death, 

or for 2 years following the expiration 

of the license grant, whichever is 

sooner; except that, when the licensee’s 

death occurs prior to the license 

expiration date, but the Commission 

does not cancel the license until on or 

after the date 30 days before the second 

anniversary of the licensee’s death, the 

call sign is not available to the vanity 

call sign system for 30 days following 

the date such action is taken. 

Notwithstanding the foregoing, the call 

sign shown on a license canceled 

pursuant to § 97.21(d) is available 

immediately. This provision does not 

apply to an applicant: 

(i) To whose operator/primary station 

license grant, or club station license 

grant for which the applicant is the 

trustee, the call sign was previously 

assigned; or 

(ii) Who is the spouse, child, 

grandchild, stepchild, parent, 

grandparent, step-parent, brother, sister, 

stepbrother, stepsister, aunt, uncle, 

niece, nephew, or in-law of the person 

now deceased or of any other deceased 

former holder of the call sign; or 

(iii) Who is a club station license 

trustee acting with a written statement 

of consent signed by either the licensee 

ante mortem but who is now deceased, 

or by at least one relative as listed above 

in (ii) of the person now deceased, 

provided that the deceased licensee was 

a member of the club. 

(d) Except for an applicant whose 

station had been formerly assigned the 

call sign requested, the vanity call sign 

requested by an applicant must be 

selected from the group of call signs 

corresponding to the same or lower 

class of operator license held by the 

applicant as designated in the 

sequential call sign system. 

* * * * * 

5. Section 97.21 is amended by 

revising the section heading and 

paragraph (a)(1) and adding new 

paragraph (d) to read as follows: 

§ 97.21 Application for a modified, 

renewed, or cancelled license grant. 

(a) * * * 

(1) Must apply to the FCC for a 

modification of the license grant as 

necessary to show the correct mailing 

address, licensee name, club name, 

license trustee name, or license 

custodian name in accordance with 

§ 1.913 of this chapter. For a club, 

military recreation or RACES station 

license grant, the application must be 

presented in document form to a Club 

Station Call Sign Administrator 

(CSCSA) who must submit the 

information thereon to the FCC in an 

electronic batch file. The CSCSA must 

retain the collected information for at 

least 15 months and make it available to 

the FCC upon request. An application to 

modify a club station license grant to 

change the license trustee name must be 

submitted to a CSCSA by an officer of 

the club. A CSCSA shall not file with 

the Commission any application to 

modify a club station license grant, 

except to change a club station license 

trustee, submitted by a person who is 

not the trustee of record. 

* * * * * 

(d) A person may request cancellation 

of an operator/primary station license 

grant on account of the licensee’s death 

by submitting a signed request that 

includes a death certificate, obituary, or 

Social Security Death Index (SSDI) data 

clearly showing that the person named 

in the operator/primary station license 

grant has died. Such requests may be 

submitted as pleadings associated with 

the license. See § 1.45 of this chapter. In 

addition, the Commission may cancel 

an operator/primary station license 

grant if it becomes aware of the grantee’s 

death through other means. For 

purposes of this section, when SSDI 

data is submitted, it must be based on 

the Social Security Administration 

Death Master File current at the time of 

the request. 

[FR Doc. 2010–1262 Filed 1–22–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R7–MB–2009–0082; 

91200–1231–9BPP–L2] 

RIN 1018–AW67 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2010 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are reopening the 

public comment period on our proposed 

rule to establish migratory bird 

subsistence harvest regulations in 

Alaska for the 2010 season. This action 

will allow all interested parties an 

additional opportunity to comment on 

our proposal. 

DATES: Public comments: We will accept 

comments received or postmarked on or 

before February 18, 2010. 

ADDRESSES: Public comments: You may 

submit comments by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R7–MB–2009–0082. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R7– 

MB–2009–0082; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: Fred 

Armstrong, (907) 786–3887, or Donna 

Dewhurst, (907) 786–3499, U.S. Fish 

and Wildlife Service, 1011 E. Tudor 

Road, Mail Stop 201, Anchorage, AK 

99503. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS