Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules 44677 

officials. Each intelligence project shall 

assure the implementation and regular 

review of appropriate security 

requirements and policies, including the 

following: 

* * * 

(h) * * * Criminal intelligence 

information retained in an intelligence 

system must be reviewed and validated 

for continuing compliance with system 

submission criteria before the expiration 

of the information’s retention period, 

which in no event shall be longer than 

ten (10) years. The retention period 

relating to a subject shall be tolled while 

the subject is incarcerated. 

(i)(1) A project shall have in place 

security policies and procedures to 

ensure that remote access to intelligence 

information be available only to 

authorized system users; and 

(2) A project shall undertake no major 

modifications to system design without 

prior grantor agency approval. 

* * * * * 

6. Section 23.30 is amended as 

follows: 

a. In paragraph (a), remove 

‘‘investigatory or’’ and add 

‘‘investigatory,’’ in its place and after 

‘‘prosecutorial’’ add ‘‘, or 

counterterrorism’’. 

b. In paragraph (b) introductory text, 

remove ‘‘activity’’ and add ‘‘activities’’

in its place and remove ‘‘areas of’’. 

c. In paragraph (b)(1), remove ‘‘of 

citizens’’. 

d. Revise paragraphs (c) and (d) and 

add a new paragraph (f), to read as 

follows: 

§ 23.30 Funding guidelines. 

* * * * * 

(c) Control and supervision of 

information collection and 

dissemination by an intelligence system 

shall be retained by the head of a 

government agency or an individual 

with general policy making authority 

who has been expressly delegated such 

control by the agency head. This official 

shall certify in writing that he takes full 

responsibility for the system’s 

compliance with this part. 

(d) (1) Official responsibility and 

accountability for actions taken by an 

inter-jurisdictional criminal intelligence 

system shall be assumed by the head of 

the governmental agency exercising 

control and supervision over the 

operation of the system or by an 

individual with general policy making 

authority who has been expressly 

delegated such control or supervision by 

the agency head. This official shall 

certify in writing that he takes full 

responsibility for the inter-jurisdictional 

system’s compliance with this part. 

(2) The principles set forth in § 23.20 

shall be made part of the by-laws or 

operating procedures for the interjurisdictional system. Each participating 

agency, as a condition of access, must 

affirmatively accept those principles 

that govern the collection, maintenance, 

and dissemination of information 

included as part of the 

interjurisdictional system. 

* * * * * 

(f) The project has in place, or will 

establish within timeframes specified in 

grant-making or other guidance by BJA, 

a written privacy policy specifying the 

operational steps being followed to 

comply with § 23.20 principles. 

Dated: July 16, 2008. 

Jeffrey L. Sedgwick, 

Acting Assistant Attorney General, Office of 

Justice Programs. 

[FR Doc. E8–17519 Filed 7–30–08; 8:45 am] 

BILLING CODE 4410–18–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1712; MB Docket No. 08–129; RM–

11461] 

Television Broadcasting Services; 

Spokane, WA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission requests 

comments on a channel substitution 

proposed by KHQ, Incorporated 

(‘‘KHQ’’), the licensee of station KHQ–

DT, DTV channel 7, Spokane, 

Washington, and a related channel 

substitution proposed by Spokane 

School District #81 (‘‘Spokane School 

District’’), licensee of noncommercial 

educational KSPS–DT, DTV channel *8, 

Spokane, Washington. KHQ requests the 

substitution of DTV channel 15 for 

channel 7 at Spokane, and Spokane 

School District requests substitution of 

DTV channel *7 for channel *8 at 

Spokane. 

DATES: Comments must be filed on or 

before September 2, 2008, and reply 

comments on or before September 15, 

2008. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., TW–A325, 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve each 

petitioner’s counsel as follows: David H. 

Pawlik, Esq., Skadden, Arps, Slate, 

Meagher & Flom LLP, 1440 New York 

Avenue, NW., Washington, DC 20005; 

Melodie A. Virtue, Esq., Garvey 

Schubert Barer, 1000 Potomac Street, 

NW., Fifth Floor, Washington, DC 

20007–3501. 

FOR FURTHER INFORMATION CONTACT: 

David 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. 

08–129, adopted July 22, 2008, and 

released July 23, 2008. 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 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. 


yshivers on PROD1PC62 with PROPOSALS
44678 Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules 

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 DTV Table of 

Allotments under Washington, is 

amended by adding channel 15 and 

removing channel 7 at Spokane and by 

adding channel *7 and removing 

channel *8 at Spokane. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E8–17571 Filed 7–30–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R1-ES-2008-0079; 92210-1117-0000- 

FY08-B4] 

RIN 1018-AW18 

Endangered and Threatened Wildlife 

and Plants; Revised Critical Habitat for 

the Marbled Murrelet 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

revise designated critical habitat for 

marbled murrelet (Brachyramphus 

marmoratus marmoratus) under the 

Endangered Species Act of 1973, as 

amended (Act). On May 24, 1996, we 

designated 3,887,800 ac (ac) (1,573,340 

hectares (ha)) as critical habitat for the 

marbled murrelet in Washington, 

Oregon, and California. We are 

proposing to revise currently designated 

critical habitat for the marbled murrelet 

by removing approximately 254,070 ac 

(102,820 ha) in northern California and 

Oregon from the 1996 designation, 

based on new information indicating 

that these areas do not meet the 

definition of critical habitat. This action, 

if adopted in its entirety, would result 

in a revised designation of 

approximately 3,633,800 ac (1,470,550 

ha) as critical habitat for the marbled 

murrelet. In this rule, we are further 

proposing, under the Act, a taxonomic 

revision of the scientific name of the 

marbled murrelet from Brachyramphus 

marmoratus marmoratus to 

Brachyramphus marmoratus. 

DATES: We will accept comments 

received or postmarked on or before 

September 29, 2008. We must receive 

requests for public hearings in writing at 

the address shown in the ADDRESSES

section by September 15, 2008. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: RIN 1018- 

AW18; 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: Ken 

Berg, Field Supervisor, U.S. Fish and 

Wildlife Service, Western Washington 

Fish and Wildlife Office, 510 Desmond 

Drive SE, Suite 102, Lacey, WA 98503- 

1273, telephone 360-753-9440, facsimile 

360- 753-9008; Paul Henson, Field 

Supervisor, U.S. Fish and Wildlife 

Service, Oregon Fish and Wildlife 

Office, 2600 SE 98th Avenue, Suite 100, 

Portland, OR 97266, telephone 503-231- 

6179, facsimile 503-231-6195; or 

Michael Long, Field Supervisor, U.S. 

Fish and Wildlife Service, Arcata Fish 

and Wildlife Office, 1655 Heindon 

Road, Arcata, CA 95521, telephone 707- 

822-7201, facsimile 707-822-8411. If you 

use a telecommunications device for the 

deaf (TDD), call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We intend that any final action 

resulting from this proposal will be as 

accurate and as effective as possible. 

Therefore, we request comments or 

suggestions on this proposed rule. We 

particularly seek comments concerning: 

(1) The reasons why we should or 

should not revise currently designated 

critical habitat for the marbled murrelet 

by removing 254,070 ac (102,820 ha) 

from the 1996 designation, based on 

new information that is the best 

available information indicating that 

these areas do not meet the definition of 

critical habitat; 

(2) Specific information on the 

amount and distribution of marbled 

murrelet habitat; 

(3) Any foreseeable economic, 

national security, or other potential 

impacts resulting from the proposed 

critical habitat revision, and in 

particular, any impacts on small 

entities; 

(4) Our proposal to revise 50 CFR 

17.11 to adopt the taxonomic 

clarification for the marbled murrelet to 

reflect the change from Brachyramphus 

marmoratus marmoratus to 

Brachyramphus marmoratus; and 

(5) Whether we could improve or 

modify our approach to revising critical 

habitat in any way to provide for greater 

public participation and understanding, 

or to better accommodate public 

concerns and comments. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. We will not accept 

comments sent by e-mail or fax or to an 

address not listed in the ADDRESSES

section. Finally, we will not consider 

hand-delivered comments that we do 

not receive, or mailed comments that 

are not postmarked, by the date 

specified in the DATES section. 

We will post your entire comment—

including your personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment during normal business 

hours at the U.S. Fish and Wildlife 

Service, Western Washington Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). Maps of the 

proposed revised critical habitat are also 

available on the Internet at http:// 

www.fws.gov/westwafwo/. 

Background 

The final rule designating critical 

habitat for the marbled murrelet was 

published in the Federal Register on 

May 24, 1996 (61 FR 26256), and has 

been posted under the ‘‘Supporting 

Documents’’ section for this docket in 

the Federal eRulemaking Portal: http:// 

www.regulations.gov at Docket Number 

FWS-R1-ES-2008-0079. It is our intent 

to discuss only those topics directly 


yshivers on PROD1PC62 with PROPOSALS