50616 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued 

Registration No. Product Name Chemical Name 

74655–13 Spectrum RX-52 Bromonitrostyrene 

A request to waive the 180-day 

comment period has been received for 

registration numbers 464–683, 464–684, 

464–686, 74655–5, 74655–8 and 74655–

13. Therefore, the 30 day comment 

period will apply for these registrations. 

Unless a request is withdrawn by the 

registrant within 30 days of publication 

of this notice, orders will be issued 

canceling all of these registrations. 

Users of these pesticides or anyone else 

desiring the retention of a registration 

should contact the applicable registrant 

directly during this 30–day period. 

Table 2 of this unit includes the 

names and addresses of record for all 

registrants of the products in Table 1 of 

this unit, in sequence by EPA company 

number: 

TABLE 2.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION

EPA Company 

No. 

Company Name and 

Address 

464 The Dow Chemical 

Company 

1500 E. Lake Cook 

Road 

Buffalo Grove,IL 

60089 

74655 Hercules Incorporated 

Paper Technology 

and Ventures 

7910 Baymeadows 

Way 

Jacksonville, FL 

32256 

III. What is the Agency’s Authority for 

Taking this Action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, the 

Administrator may approve such a 

request. 

IV. Procedures for Withdrawal of 

Request 

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before September 26, 2008. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. If the product(s) 

have been subject to a previous 

cancellation action, the effective date of 

cancellation and all other provisions of 

any earlier cancellation action are 

controlling. The withdrawal request 

must also include a commitment to pay 

any reregistration fees due, and to fulfill 

any applicable unsatisfied data 

requirements. 

V. Provisions for Disposition of Existing 

Stocks 

The effective date of cancellation will 

be the date of the cancellation order. 

The orders effecting these requested 

cancellations will generally permit a 

registrant to sell or distribute existing 

stocks for 1 year after the date the 

cancellation request was received. This 

policy is in accordance with the 

Agency’s statement of policy as 

prescribed in the Federal Register of 

June 26, 1991 (56 FR 29362) (FRL–

3846–4). Exceptions to this general rule 

will be made if a product poses a risk 

concern, or is in noncompliance with 

reregistration requirements, or is subject 

to a data call-in. In all cases, productspecific disposition dates will be given 

in the cancellation orders. 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which have been packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

Unless the provisions of an earlier order 

apply, existing stocks already in the 

hands of dealers or users can be 

distributed, sold, or used legally until 

they are exhausted, provided that such 

further sale and use comply with the 

EPA-approved label and labeling of the 

affected product. Exception to these 

general rules will be made in specific 

cases when more stringent restrictions 

on sale, distribution, or use of the 

products or their ingredients have 

already been imposed, as in a special 

review action, or where the Agency has 

identified significant potential risk 

concerns associated with a particular 

chemical. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Antimicrobials, 

Bromonitrostyrene. 

Dated: August 20, 2008. 

Mark A. Hartman, 

Acting Director, Antimicrobials Division, 

Office of Pesticide Programs. 

[FR Doc. E8–19760 Filed 8–26–08; 8:45 a.m.] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Approved by the Office of 

Management and Budget 

August 20, 2008. 

SUMMARY: The Federal Communications 

Commission has received Office of 

Management and Budget (OMB) 

approval for the following public 

information collection(s) pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). An agency may not 

conduct or sponsor a collection of 

information unless it displays a 

currently valid OMB control number, 

and no person is required to respond to 

a collection of information unless it 

displays a currently valid OMB control 

number. Comments concerning the 

accuracy of the burden estimate(s) and 

any suggestions for reducing the burden 

should be directed to the person listed 

in the ‘‘FOR FURTHER INFORMATION

CONTACT’’ section below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, Performance and Evaluation 

Records Management Division, Office of 

the Managing Director, at (202) 418–

2918 or at Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0027. 

OMB Approval Date: August 8, 2008. 

Expiration Date: August 31, 2011. 

Title: Application for Construction 

Permit for Commercial Broadcast 

Station. 

Form Number: FCC Form 301. 

Estimated Annual Burden: 4,278 

responses; 2–5 hours per response; 

11,072 hours total per year. 

Annual Cost Burden: $51,802,197. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in 154(i), 303 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50617 

and 308 of the Communications Act of 

1934, as amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality. 

Needs and Uses: On December 18, 

2007, the Commission adopted a Report 

and Order and Order on 

Reconsideration (‘‘Quadrennial Order’’) 

in its 2006 Quadrennial Regulatory 

Review of the Commission’s Broadcast 

Ownership Rules pursuant to Section 

202 of the Telecommunications Act of 

1996, MB Docket No. 06–121, FCC 07–

216. Section 202 requires the 

Commission to review its broadcast 

ownership rules every four years and 

determine whether any of such rules are 

necessary in the public interest. Further, 

Section 202 requires the Commission to 

repeal or modify any regulation it 

determines to be no longer in the public 

interest. 

FCC Form 301 and the applicable 

exhibits/explanations are required to be 

filed when applying for authority to 

construct a new commercial AM, FM, or 

TV broadcast station or to make changes 

in the existing facilities of such a 

station. The instructions and a 

worksheet included with Form 301 have 

been revised to reflect the changes to the 

daily newspaper cross-ownership rule, 

47 CFR 73.3555(d) that the Commission 

adopted in the Quadrennial Order. The 

rule change to section 73.3555(d) of the 

Commission’s rules was published in 

the Federal Register on February 21, 

2008 (73 FR 9481) and became effective 

on July 9, 2008 (73 FR 39269). 

The instructions for Section II (Legal 

Information) to Form 301 have been 

revised to include a reference to the 

Quadrennial Order as a source of 

information regarding the Commission’s 

multiple ownership rules and 

attribution rules in order for applicants 

to determine relevant parties to the 

application. Worksheet #2, Section 

A.IV. (Cross Ownership) and Section B 

(Family Relationships), which 

applicants use to respond to Section II, 

Item 4 (Multiple Ownership) of Form 

301, have been revised to incorporate 

the new newspaper/broadcast crossownership rule, 47 CFR 73.3555(d) and 

the revised definition of a ‘‘‘Daily 

Newspaper,’’ Note 6 to 47 CFR 73.3555, 

that the Commission adopted in the 

Quadrennial Order. An applicant uses 

Worksheet #2 to determine the 

circumstances under which an entity 

may own a daily newspaper and a 

broadcast station in the same local 

market. 

47 CFR 73.3555(d) (daily newspaper 

cross-ownership rule) states: 

(1) No license for an AM, FM or TV 

broadcast station shall be granted to any 

party (including all parties under 

common control) if such party directly 

or indirectly owns, operates or controls 

a daily newspaper and the grant of such 

license will result in: (i) The predicted 

or measured 2 mV/m contour of an AM 

station, computed in accordance with 

Sec. 73.183 or Sec. 73.186, 

encompassing the entire community in 

which such newspaper is published; or 

(ii) The predicted 1 mV/m contour for 

an FM station, computed in accordance 

with Sec. 73.313, encompassing the 

entire community in which such 

newspaper is published; or (iii) The 

Grade A contour of a TV station, 

computed in accordance with Sec. 

73.684, encompassing the entire 

community in which such newspaper is 

published. 

(2) Paragraph (1) shall not apply in 

cases where the Commission makes a 

finding pursuant to Section 310(d) of 

the Communications Act that the public 

interest, convenience, and necessity 

would be served by permitting an entity 

that owns, operates or controls a daily 

newspaper to own, operate or control an 

AM, FM, or TV broadcast station whose 

relevant contour encompasses the entire 

community in which such newspaper is 

published as set forth in paragraph (1). 

(3) In making a finding under 

paragraph (2), there shall be a 

presumption that it is not inconsistent 

with the public interest, convenience, 

and necessity for an entity to own, 

operate or control a daily newspaper in 

a top 20 Nielsen DMA and one 

commercial AM, FM or TV broadcast 

station whose relevant contour 

encompasses the entire community in 

which such newspaper is published as 

set forth in paragraph (1), provided that, 

with respect to a combination including 

a commercial TV station: (i) The station 

is not ranked among the top four TV 

stations in the DMA, based on the most 

recent all-day (9 a.m.–midnight) 

audience share, as measured by Nielsen 

Media Research or by any comparable 

professional, accepted audience ratings 

service; and (ii) At least 8 

independently owned and operated 

major media voices would remain in the 

DMA in which the community of 

license of the TV station in question is 

located (for purposes of this provision 

major media voices include full-power 

TV broadcast stations and major 

newspapers). 

(4) In making a finding under 

paragraph (2), there shall be a 

presumption that it is inconsistent with 

the public interest, convenience, and 

necessity for an entity to own, operate 

or control a daily newspaper and an 

AM, FM or TV broadcast station whose 

relevant contour encompasses the entire 

community in which such newspaper is 

published as set forth in paragraph (1) 

in a DMA other than the top 20 Nielsen 

DMAs or in any circumstance not 

covered under paragraph (3). 

(5) In making a finding under 

paragraph (2), the Commission shall 

consider: (i) Whether the combined 

entity will significantly increase the 

amount of local news in the market; (ii) 

whether the newspaper and the 

broadcast outlets each will continue to 

employ its own staff and each will 

exercise its own independent news 

judgment; (iii) the level of concentration 

in the Nielsen Designated Market Area 

(DMA); and (iv) the financial condition 

of the newspaper or broadcast station, 

and if the newspaper or broadcast 

station is in financial distress, the 

proposed owner’s commitment to invest 

significantly in newsroom operations. 

(6) In order to overcome the negative 

presumption set forth in paragraph (4) 

with respect to the combination of a 

major newspaper and a television 

station, the applicant must show by 

clear and convincing evidence that the 

co-owned major newspaper and station 

will increase the diversity of 

independent news outlets and increase 

competition among independent news 

sources in the market, and the factors 

set forth above in paragraph (5) will 

inform this decision. 

(7) The negative presumption set forth 

in paragraph (4) shall be reversed under 

the following two circumstances: (i) the 

newspaper or broadcast station is failed 

or failing; or (ii) the combination is with 

a broadcast station that was not offering 

local newscasts prior to the 

combination, and the station will 

initiate at least seven hours per week of 

local news programming after the 

combination. Note 6 to 47 CFR 73.3555 

states: For purposes of this section a 

daily newspaper is one which is 

published four or more days per week, 

which is in the dominant language in 

the market, and which is circulated 

generally in the community of 

publication. A college newspaper is not 

considered as being circulated 

generally. 

47 CFR 73.3580 requires that 

applicants for construction permits for 

new broadcast stations and for major 

change in existing broadcast facilities 

(as defined in 47 CFR 73.3571(a)(1) (for 

AM applicants), 73.3572(a)(1) (for 

television applicants), or 73.3573(a)(1) 

(for FM applicants)) give local notice in 

a newspaper of general circulation in 

the community to which the station is 

licensed. This publication requirement 

also applies with respect to major 

amendments as defined in 47 CFR 

73.3571(b) (AM), 73.3772(b) (television), 

and 73.3573(b) (FM). This publication 


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50618 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

1See 47 CFR 0.111(a)(14), 54.8. 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. William Holman, Notice of Suspension and 

Initiation of Debarment Proceedings, 23 FCC Rcd 

8228 (Inv. & Hearings Div., Enf. Bur. 2008) 

(Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25, 

2008). 

3Letter from Walter F. Brown, Jr., Orrick, 

Herrington & Sutcliffe, LLP to Diana Lee, Attorney 

Advisor, Investigations and Hearings Division, 

Enforcement Bureau, Federal Communications 

Commission, dated June 13, 2008 (‘‘Holman 

Response’’ or ‘‘Response’’), attaching United States 

v. William Holman, Criminal Docket No. 3:05–CR–

00208–CRB–012, Plea Agreement (N.D.Cal. filed 

and entered Apr. 6, 2007) (‘‘Plea Agreement’’). 

4Holman Response at 1; Notice of Suspension at 

23 FCC Rcd at 8229. 

5Holman Response at 1, citing Plea Agreement, 

para. 4(f). 

6 Id. at 2, citing Plea Agreement, para. 4(g). 

7 Id. at 2. 

8 47 CFR 54.8(c). 

requirement also applies with respect to 

applications for minor modification to 

existing AM and FM facilities in which 

the applicant seeks to change the 

existing facility’s community of license. 

Local notice is also required to be 

broadcast over the station, if operating. 

However, if the station is the only 

operating station in its broadcast service 

licensed to the community involved, 

publication of the notice in a newspaper 

is not required. Completion of 

publication may occur within 30 days 

before or after the tender of the 

application to the Commission. 

This notice must be published at least 

twice a week for two consecutive weeks 

in a three-week period. A copy of this 

notice must be placed in a broadcast 

station’s public inspection file along 

with the application. The Commission’s 

actions in this proceeding did not revise 

this requirement. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–19886 Filed 8–26–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 08–1865] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. William Holman 

from the schools and libraries universal 

service support mechanism (or ‘‘E-Rate 

Program’’) for a period of three years 

based on his conviction of bid rigging in 

connection with his participation in the 

program. The Bureau takes this action to 

protect the E-Rate Program from waste, 

fraud and abuse. 

DATES: Debarment commences on the 

date Mr. William Holman receives the 

debarment letter or August 27, 2008, 

whichever date come first, for a period 

of three years. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. Vickie 

Robinson, Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. William Holman 

from the schools and libraries universal 

service support mechanism for a period 

of three years pursuant to 47 CFR 54.8 

and 47 CFR 0.111. Attached is the 

debarment letter, DA 08–1865, which 

was mailed to Mr. William Holman and 

released on August 7, 2008. The 

complete text of the notice of debarment 

is available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portal II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

In addition, the complete text is 

available on the FCC’s Web site at 

http://www.fcc.gov. The text may also be 

purchased from the Commission’s 

duplicating inspection and copying 

during regular business hours at the 

contractor, Best Copy and Printing, Inc., 

Portal II, 445 12th Street, SW., Room 

CY–B420, Washington, DC 20554, 

telephone (202) 488–5300 or (800) 378–

3160, facsimile (202) 488–5563, or via email http://www.bcpiweb.com. 

Federal Communications Commission. 

Vickie Robinson, 

Assistant Chief, Investigations and Hearings 

Division, Enforcement Bureau. 

The debarment letter, which attached 

the suspension letter, follows: 

August 7, 2008. 

DA 08–1865 

VIA CERTIFIED MAIL RETURN 

RECEIPT REQUESTED AND 

FACSIMILE (415–773–5759) 

Mr. William Holman, c/o Walter F. 

Brown, Jr., Esq., Orrick, Herrington 

& Sutcliffe, LLP, The Orrick 

Building, 405 Howard Street, San 

Francisco, CA 94105–2669 

Re: Notice of Debarment, File No. EB–

08–IH–1142 

Dear Mr. Holman: Pursuant to section 

54.8 of the rules of the Federal 

Communications Commission (the 

‘‘Commission’’), by this Notice of 

Debarment you are debarred from the 

schools and libraries universal service 

support mechanism (or ‘‘E-Rate 

program’’) for a period of three years.1

On May 19, 2008, the Enforcement 

Bureau (the ‘‘Bureau’’) sent you a Notice 

of Suspension and Initiation of 

Debarment Proceedings (the ‘‘Notice of 

Suspension’’) 2 as a result of your guilty 

plea and subsequent conviction of bidrigging, in violation of 15 U.S.C. 1, for 

your activities as former Vice President 

of NEC-Business Network Services 

(‘‘NEC–BNS’’) in connection with the 

Ceria Travis Academy E-Rate project 

(‘‘Project’’). You responded through 

counsel on June 13, 2008,3 contesting 

certain language in the Notice of 

Suspension, specifically, that you 

‘‘entered into and engaged in a 

conspiracy with NEC–BNS and other coconspirators to suppress and eliminate 

competition by submitting noncompetitive bids for the Project and 

taking steps to ensure the Project was 

awarded to NEC–BNS and coconspirators.’’4 Citing the Plea 

Agreement, you clarified that it was 

NEC–BNS employees other than 

yourself that submitted non-competitive 

bids and that employees of another 

company took steps to ensure the 

success of the conspiracy by 

discouraging and disqualifying bids 

from non-conspirators.5 You further 

assert, among other things, that you 

entered into what you understood to be 

a lawful agreement, and that you 

‘‘subsequently became aware of 

problems with NEC–BNS’s participation 

in the E-Rate program and raised these 

concerns with [your] superiors.’’ 6 In the 

Response, you do not dispute that you 

pled guilty to a violation of 15 U.S.C. 1, 

but request that the Commission’s 

record reflect the factual circumstances 

surrounding your offense.7

We grant your request and incorporate 

the cited Plea Agreement language in 

the record for this debarment 

proceeding. Based on the evidence in 

the record, we conclude that your 

conduct, as described in the Plea 

Agreement, constitutes the basis for 

your debarment, and your conviction 

falls within the categories of causes for 

debarment under section 54.8(c) of the 

Commission’s rules.8 For the foregoing 

reasons, you are hereby debarred for a 

period of three years from the 

debarment date, i.e., the earlier date of 


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