57268 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 

(3) Other valuation methodologies. 

Other methodologies that measure 

compensable value in accordance with 

the public’s willingness to pay for the 

lost service, or with the cost of a project 

that restores, replaces, or acquires 

services equivalent of natural resource 

services lost pending restoration to 

baseline in a cost-effective manner, are 

acceptable methodologies to determine 

compensable value under this part. 

* * * * * 

■ 8. In § 11.91, remove paragraph (e). 

[FR Doc. E8–23225 Filed 10–1–08; 8:45 am] 

BILLING CODE 4310–RG–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–2067; MB Docket No. 08–135; RM– 

11467] 

Television Broadcasting Services; 

Freeport, IL 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Gray 

Television Licensee, Inc., licensee of 

WIFR–DT, to substitute DTV channel 41 

for DTV channel 23 at Freeport, Illinois. 

DATES: The channel substitution is 

effective November 3, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–135, 

adopted September 8, 2008, and 

released September 10, 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 0f 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order 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). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 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 Illinois, is amended by adding 

channel 41 and removing channel 23 at 

Freeport. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E8–23157 Filed 10–1–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

49 CFR Parts 1 and 89 

[Docket No. DOT–OST–1999–6189] 

RIN 9991–AA53 

Organization and Delegation of Powers 

and Duties; Assistant Secretary for 

Budget and Programs 

AGENCY: Office of the Secretary of 

Transportation. 

ACTION: Final rule. 

SUMMARY: This amendment delegates 

debt collection, compromise, 

suspension and termination authority 

under 31 U.S.C. 3711 (except with 

respect to Working Capital Fund claims) 

from the Secretary of Transportation 

(Secretary) to the Assistant Secretary for 

Budget and Programs by removing that 

authority from the Assistant Secretary 

for Administration and granting it to the 

Assistant Secretary for Budget and 

Programs. In addition, this rulemaking 

removes a reporting requirement related 

to the delegation. 

DATES: This final rule is effective on 

October 2, 2008. 

FOR FURTHER INFORMATION CONTACT: Beth 

Kramer, Office of General Counsel, 1200 

New Jersey Avenue, SE., Room W96– 

491, Washington, DC 20590, Telephone: 

(202) 366–0365. 

SUPPLEMENTARY INFORMATION: Title 49 of 

the Code of Federal Regulations (CFR) 

1.59(c)6) and 89.5(a) delegate to the 

Assistant Secretary for Administration 

the Secretary’s authority under 31 

U.S.C. 3711 to collect, compromise, 

suspend or end collection action on 

claims of the United States not 

exceeding $100,000 (excluding interest) 

arising out of the activities of, or 

referred to, the Office of the Secretary. 

The Secretary has determined that such 

authority (excluding authority to collect, 

compromise, suspend or end collection 

action on claims pertaining to the 

Working Capital Fund) should be 

delegated to the Assistant Secretary for 

Budget and Programs instead of the 

Assistant Secretary for Administration. 

This rulemaking makes the following 

changes to reflect the change in 

delegation: 

• Adds ‘‘debt and’’ to 49 CFR 1.23(f); 

• Adds a new paragraph (j) to 49 CFR 

1.58; 

• Adds language regarding the 

Working Capital Fund exclusion to 49 

CFR 1.59(c)(6); 

• Adds language regarding claims 

related to the Working Capital Fund to 

49 CFR 89.5(a), renumbers subsection 

§ 89.5(b) as § 89.5(c), and adds a new 

provision at § 89.5(b); and 

• Removes ‘‘, reports,’’ from the 

heading of § 89.15, adds ‘‘and the 

Assistant Secretary for Budget and 

Programs’’ to § 89.15(b)(1), removes 

§ 89.15(b)(2), and renumbers paragraph 

(b)(3) as (b)(2). 

Since this amendment relates to 

departmental management, 

organization, procedure, and practice, 

notice and comment are unnecessary 

under 5 U.S.C. 553(b). Further, since the 

amendment expedites the Department’s 

ability to meet the statutory intent of the 

applicable laws and regulations covered 

by this delegation, the Secretary finds 

good cause under 5 U.S.C. 553(d)(3) for 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 57269 

the final rule to be effective on the date 

of publication in the Federal Register. 

Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

The final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures (44 

FR 11034). There are no costs associated 

with this rule. 

B. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

C. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

D. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 602 

et seq.) do not apply. This rule imposes 

no costs on small entities because it 

simply delegates authority from one 

official to another. Therefore, it is 

certified that this final rule will not 

have a significant economic impact on 

a substantial number of small 

businesses. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3502–3520). 

F. Unfunded Mandates Reform Act 

The Department of Transportation has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 

List of Subjects 

49 CFR Part 1 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

49 CFR Part 89 

Claims, Delegations of authority, 

Reports. 

■ For the reasons set forth in the 

preamble, the Office of the Secretary of 

Transportation amends parts 1 and 89 as 

follows: 

PART 1—[AMENDED] 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 49 U.S.C. 322; 28 U.S.C. 2672; 

31 U.S.C. 3711(a)(2); Public Law 101–552, 

104 Stat. 2736; Public Law 106–159, 113 Stat. 

1748; Public Law 107–71, 115 Stat. 597; 

Public Law 107–295, 116 Stat. 2064; Public 

Law 107–295, 116 Stat. 2065; Public Law 

107–296, 116 Stat. 2135; 41 U.S.C. 414; 

Public Law 108–426, 118 Stat. 2423; Public 

Law 109–59, 119 Stat. 1144; Public Law 110– 

140, 121 Stat. 1492. 

■ 2. In § 1.23, revise paragraph (f) to 

read as follows: 

§ 1.23 Spheres of primary responsibility. 

* * * * * 

(f) Assistant Secretary for Budget and 

Programs. Preparation, review and 

presentation of Department budget 

estimates; liaison with OMB and 

Congressional Budget and 

Appropriations Committees; 

departmental financial plans, 

apportionments, reapportionments, 

reprogrammings, and allotments; 

program and systems evaluation and 

analysis; program evaluation criteria; 

program resource plans; analysis and 

review of legislative proposals and onetime reports and studies required by the 

Congress; budgetary and selected debt 

and administrative matters relating to 

the Office of the Secretary. 

* * * * * 

■ 3. In § 1.58, add a new paragraph (j) 

to read as follows: 

§ 1.58 Delegations to the Assistant 

Secretary for Budget and Programs. 

* * * * * 

(j) Exercise the Secretary’s authority 

under 31 U.S.C. 3711 to collect, 

compromise, suspend collection action 

on, or terminate claims of the United 

States not exceeding $100,000 

(excluding interest) which are referred 

to, or arise out of the activities of, the 

Office of the Secretary (excluding claims 

pertaining to the Working Capital 

Fund). 

■ 4. In § 1.59, revise paragraph (c)(6) to 

read as follows:. 

§ 1.59 Delegations to the Assistant 

Secretary for Administration. 

* * * * * 

(c) * * * 

(6) Compromise, suspend collection 

action on, or terminate claims of the 

United States not exceeding $100,000 

(excluding interest) which are referred 

to, or arise out of the activities of, the 

Working Capital Fund. 

* * * * * 

PART 89—[AMENDED] 

■ 5. The authority citation for part 89 

continues to read as follows: 

Authority: Pub. L. 89–508; Pub. L. 89–365, 

secs. 3, 10, 11, 13(b), 31 U.S.C. 3701–3720A; 

Pub. L. 98–167; Pub. L. 98–369; Pub. L. 99– 

578; Pub. L. 101–552, 31 U.S.C. 3711(a)(2). 

■ 6. In § 89.5 revise paragraph (a), 

redesignate paragraph (b) as paragraph 

(c) and add a new paragraph (b) to read 

as follows: 

§ 89.5 Delegations of Authority. 

* * * * * 

(a) The Assistant Secretary for 

Administration with respect to 

collection, compromise, suspension and 

termination of claims arising out of the 

activities of, or referred to, the Working 

Capital Fund; 

(b) The Assistant Secretary for Budget 

and Programs with respect to collection, 

compromise, suspension and 

termination of collection of claims 

under 31 U.S.C. 3711 arising out of the 

activities of, or referred to, the Office of 

the Secretary (excluding claims 

pertaining to the Working Capital 

Fund); and 

* * * * * 

■ 7. In § 89.15 revise the section 

heading, and paragraph (b) introductory 

text, remove paragraph (b)(2) and 

redesignate paragraph (b)(3) and (b)(2) 

to read as follows: 

§ 89.15 Regulations and supporting 

documentation. 

* * * * * 

(b) Each officer to whom authority is 

delegated under 89.5 shall furnish the 

following information to the Assistant 

Secretary for Administration and the 

Assistant Secretary for Budget and 

Programs: 

* * * * * 

Mary E. Peters, 

Secretary of Transportation. 

[FR Doc. E8–22361 Filed 10–1–08; 8:45 am] 

BILLING CODE 4910–9X–P 


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