Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52213 

§ 28.31 Quality control plans; contents. 

* * * * * 

(b) * * * Military Specification MIL–

F–15160D is available for examination 

at the U.S. Department of Labor, Mine 

Safety and Health Administration, 

Approval and Certification Center, 765 

Technology Drive, Triadelphia, WV 

26059. * * * 

* * * * * 

■ 37. Section 28.40 is amended by 

revising the second sentence of 

paragraph (d) to read as follows: 

§ 28.40 Construction and performance 

requirements; general. 

* * * * * 

(d) * * * This document is available 

for examination at the U.S. Department 

of Labor, Mine Safety and Health 

Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059, and 

copies of the document are available 

from COMM 2000, 1414 Brook Drive, 

Downers Grove, IL 60515; Telephone: 

888–853–3512 (toll free); http:// 

ulstandardsinfonet.ul.com. 

* * * * * 

PART 33—DUST COLLECTORS FOR 

USE IN CONNECTION WITH ROCK 

DRILLING IN COAL MINES 

■ 38. The authority citation for part 33 

continues to read as follows: 

Authority: 30 U.S.C. 957 and 961. 

■ 39. Section 33.3 is amended by 

revising the first sentence to read as 

follows: 

§ 33.3 Consultation. 

By appointment, applicants or their 

representatives may visit the U.S. 

Department of Labor, Mine Safety and 

Health Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059, to 

discuss with MSHA personnel proposed 

designs of equipment to be submitted in 

accordance with the regulations of this 

part. * * * 

■ 40. Section 33.6 is amended by 

revising the second sentence of 

paragraph (a)(1) to read as follows: 

§ 33.6 Application procedures and 

requirements. 

(a)(1) * * * The application and all 

related matters and correspondence 

shall be addressed to: U.S. Department 

of Labor, Mine Safety and Health 

Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059. * * * 

* * * * * 

PART 35—FIRE-RESISTANT 

HYDRAULIC FLUIDS 

■ 41. The authority citation for part 35 

continues to read as follows: 

Authority: 30 U.S.C. 957 and 961. 

■ 42. Section 35.3 is amended by 

revising the first sentence to read as 

follows: 

§ 35.3 Consultation. 

By appointment, applicants or their 

representatives may visit the U.S. 

Department of Labor, Mine Safety and 

Health Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059, to 

discuss with qualified MSHA personnel 

proposed fluids to be submitted in 

accordance with the regulations of this 

part. * * * 

■ 43. Section 35.6 is amended by 

revising the second sentence of 

paragraph (a)(1) and the third sentence 

of paragraph (g) to read as follows: 

§ 35.6 Application procedures and 

requirements. 

(a)(1) * * * The application and all 

related matters and correspondence 

shall be addressed to: U.S. Department 

of Labor, Mine Safety and Health 

Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059. * * * 

* * * * * 

(g) * * * All samples and related 

materials required for testing must be 

delivered (charges prepaid) to: U.S. 

Department of Labor, Mine Safety and 

Health Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059. 

PART 36—APPROVAL 

REQUIREMENTS FOR PERMISSIBLE 

MOBILE DIESEL-POWERED 

TRANSPORTATION EQUIPMENT 

■ 44. The authority citation for part 36 

continues to read as follows: 

Authority: 30 U.S.C. 957 and 961. 

■ 45. Section 36.3 is amended by 

revising the first sentence to read as 

follows: 

§ 36.3 Consultation. 

By appointment, applicants or their 

representatives may visit the U.S. 

Department of Labor, Mine Safety and 

Health Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059, to 

discuss with qualified MSHA personnel 

proposed mobile diesel-powered 

transportation equipment to be 

submitted in accordance with the 

regulations of this part. * * * 

■ 46. Section 36.6 is amended by 

revising the second sentence of 

paragraph (a)(1) to read as follows: 

§ 36.6 Application procedures and 

requirements. 

(a)(1) * * * The application and all 

related matters and correspondence 

shall be addressed to: U.S. Department 

of Labor, Mine Safety and Health 

Administration, Approval and 

Certification Center, 765 Technology 

Drive, Triadelphia, WV 26059. * * * 

* * * * * 

PART 74—COAL MINE DUST 

PERSONAL SAMPLER UNITS 

■ 47. The authority citation for part 74 

continues to read as follows: 

Authority: 30 U.S.C. 957 and 961. 

■ 48. Section 74.6 is amended by 

revising the second sentence of 

paragraph (a) to read as follows: 

§ 74.6 Applications. 

(a) * * * The applications, together 

with the drawings and specifications 

and any other related documents shall 

be sent to National Institute for 

Occupational Safety and Health, 

Department of Health and Human 

Services, Box 4256, 944 Chestnut Ridge 

Road, Morgantown, WV 26505, and the 

U.S. Department of Labor, Mine Safety 

and Health Administration, Approval 

and Certification Center, 765 

Technology Drive, Triadelphia, WV 

26059. 

* * * * * 

[FR Doc. E8–20795 Filed 9–8–08; 8:45 am] 

BILLING CODE 4510–43–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1956; MB Docket No. 03–44; RM–

10650, RM–11396] 

Radio Broadcasting Services; Noyack 

and Water Mill, NY 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; petitions for 

reconsideration. 

SUMMARY: The staff dismisses as moot a 

petition for reconsideration filed by 

Monroe Board of Education (‘‘Monroe’’) 

and grants in part and denies in part a 

petition for reconsideration filed by 

Sacred Heart University (‘‘SHU’’). The 

document also deletes the allotment of 

FM Channel 233A at Water Mill, New 

York, and dismisses a counterproposal 


yshivers on PROD1PC62 with RULES
52214 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

filed by SHU. See also Supplemental 

Information. 

DATES: Effective October 6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 03–44, adopted August 20, 

2008, and released August 22, 2008. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC. The complete text of 

this decision may also be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will send a copy of the Memorandum 

Opinion and Order in this proceeding in 

a report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

At the request of Isabel Sepulveda, 

Inc., the Notice of Proposed Rule 

Making in this proceeding proposed the 

allotment of Channel 277A at Water 

Mill, New York. See 68 FR 10682 

(March 6, 2003). In response, SHU filed 

comments, suggesting the allotment of 

Channel 233A in lieu of Channel 277A 

at Water Mill in order to avoid 

displacement of its translator W277AB, 

Noyack, New York. Alternatively, in the 

event the Commission rejects the 

allotment of Channel 233A at Water 

Mill, SHU requested consideration of its 

counterproposal to reserve Channel 

*277A, reserved for noncommercial 

educational (‘‘NCE’’) use, at Noyack and 

modify the license for its Station 

WSUF(FM), Noyack, from Channel 

210B1 to Channel *277A. 

The Report and Order allotted 

Channel 233A at Water Mill. See 71 FR 

9266 (February 23, 2006). Subsequently, 

the allotment of Channel 233A at Water 

Mill, New York, was inadvertently 

removed from the Table of Allotments. 

See Revision of Procedures Governing 

Amendments to FM Table of Allotments 

and Changes of Community of License 

in the Radio Broadcast Services, 71 FR 

76208 (December 20, 2006). 

On reconsideration, the staff deletes 

the allotment of Channel 233A at Water 

Mill because the original rulemaking 

petition, as well as its supporting 

comments, did not comply with Section 

1.52 of the Commission’s Rules, which 

requires that all pleadings filed by 

parties not represented by legal counsel 

be signed and verified by the petitioner. 

As a result, the removal of Channel 

233A at Water Mill becomes official, 

and Monroe’s petition for 

reconsideration is dismissed as moot. 

The document also dismisses SHU’s 

counterproposal because it violates our 

policy of no longer entertaining optional 

or alternative proposals presented in 

either an initial rulemaking petition or 

a counterproposal. Further, even if the 

staff were to consider the merits of 

SHU’s counterproposal, the document 

concludes that the modification of a 

reserved band NCE license to a 

nonadjacent channel in the nonreserved 

band has been permitted in only limited 

circumstances and that this case does 

not present such rare circumstances that 

would justify the modification. 

The document also announces that, 

effective with the release of this order, 

requests to downgrade and modify a 

reserved band FM station to a 

nonadjacent, nonreserved band channel 

will require the solicitation of 

competing expressions of interest, 

pursuant to Section 1.420(g) of the 

Commission’s Rules. The document also 

overrules a policy set forth in Key West, 

Florida, and holds that the downgrade 

and modification of a nonreserved band 

FM station to a nonadjacent channel in 

the nonreserved FM band is subject to 

the requirements of Section 1.420(g) 

regarding the solicitation of competing 

expressions of interest and the 

availability of an equivalent class 

channel to accommodate such 

expressions of interest. See Key West 

Florida, 50 FR 26,229 (June 25, 1985). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E8–20895 Filed 9–8–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0808251151–81155–01] 

RIN 0648–AX18 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Nomenclature Change to 

Rename the ‘‘Haddock Rope Trawl’’

the ‘‘Ruhle Trawl’’; Final Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; nomenclature 

change. 

SUMMARY: NMFS changes the name of a 

previously approved trawl gear referred 

to as the ‘‘Haddock Rope trawl’’ to the 

‘‘Ruhle Trawl.’’ The intent of this action 

is to recognize the effort of Captain Phil 

Ruhle, Sr., who was instrumental in the 

development of this gear. 

DATES: September 9, 2008 

ADDRESSES: Copies of the Technical 

Report ‘‘Bycatch Reduction in the 

Directed Haddock Bottom Trawl 

Fishery’’ and a diagram of the Ruhle 

Trawl may be obtained from NMFS at 

the following address: National Marine 

Fisheries Service, One Blackburn Drive, 

Gloucester, MA 01930; telephone (978) 

281–9315. 

FOR FURTHER INFORMATION CONTACT: 

Edward Stern, Fishery Management 

Specialist, (978) 281–9177, fax (978) 

281–9135, e-mail 

edward.stern@NOAA.gov. 

SUPPLEMENTARY INFORMATION: At the 

request of the New England Fishery 

Management Council, NMFS published 

a final rule on July 14, 2008 (73 FR 

40186), with an effective date of August 

13, 2008, that implemented new gear for 

use in the Regular B Days At Sea (DAS) 

Program and the Eastern U.S./Canada 

Haddock Special Access Program (SAP). 

The purpose of this new gear is to 

reduce discards under the Northeast 

(NE) Multispecies Fishery Management 

Plan (FMP). In the final rule, and in 

other documents relied on for the final 

rule, the new gear was referred to as the 

‘‘Haddock Rope Trawl’’ or‘‘Eliminator 

Trawl.’’ A detailed description of the 

need for, and use of, additional types of 

trawl gear, and a description of the 

review process used to evaluate the 

gear’s performance, can be found in the 

preamble of the proposed rule (73 FR 

29098), published on May 20, 2008. 


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