Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Proposed Rules 21613 

1 In the Matter of Amendment of Part 1 of the 

Commission’s Rules Regarding Environmental 

Compliance Procedures for Processing Antenna 

Structure Registration Applications, WT Docket No. 

08–61, filed April 14, 2009 (Petition). 

2Petition at iv–v. 

3See 47 CFR 1.1200(a), 1.1206. 

4See Commission Emphasizes the Public’s 

Responsibilities in Permit-But-Disclose 

Proceedings, Public Notice, 15 FCC Rcd 19945 

(2000). 

5See 47 CFR 1.1206(b)(2). Other rules pertaining 

to oral and written presentations are also set forth 

in 1.1206(b). See 47 CFR 1.1206(b). 

Dated: February 2, 2009. 

Raynard S. Kington, 

Acting Director, National Institutes of Health. 

Approved: April 9, 2009. 

Charles E. Johnson, 

Acting Secretary. 

[FR Doc. E9–10666 Filed 5–7–09; 8:45 am] 

BILLING CODE 4140–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[DA 09–904; WT Docket No. 08–61, WT 

Docket No. 03–187] 

Petition for Expedited Rulemaking and 

Other Relief on Behalf of American 

Bird Conservancy, Defenders of 

Wildlife and National Audubon Society 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, comment is 

sought on a petition for Expedited 

Rulemaking and Other Relief on Behalf 

of American Bird Conservancy, 

Defenders of Wildlife and National 

Audubon Society (Petitioners). 

Petitioners request that the Commission 

adopt new rules on an expedited basis 

to comply with the National 

Environmental Policy Act (NEPA), the 

Endangered Species Act (ESA), and the 

Migratory Bird Treaty Act (MBTA), and 

their implementing regulations, and to 

carry out the mandate of the U.S. Court 

of Appeals for the District of Columbia 

Circuit in American Bird Conservancy, 

Inc. v. FCC, 516 F.3d 1027 (DC Cir. 

2008). 

DATES: Interested parties may file 

comments on or before May 29, 2009, 

and reply comments on or before June 

15, 2009. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 08–61 and 

WT Docket 03–187, 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. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

• 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: 

Aaron Goldschmidt, Spectrum and 

Competition Policy Division, Wireless 

Telecommunications Bureau at (202) 

418–7146 or 

Aaron.Goldschmidt@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s public 

notice released on April 29, 2009. The 

full text of the public notice is available 

for public inspection and copying 

during business hours in the FCC 

Reference Information Center, Portals II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554. It also may be 

purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554; the contractor’s 

Web site, http://www.bcpiweb.com; or 

by calling (800) 378–3160, facsimile 

(202) 488–5563, or e-mail 

FCC@BCPIWEB.com. Copies of the 

public notice also may be obtained via 

the Commission’s Electronic Comment 

Filing System (ECFS) by entering the 

docket number, WT Docket No. 08–61 

or WT Docket No. 03–187. Additionally, 

the complete item is available on the 

Federal Communications Commission’s 

Web site at http://www.fcc.gov. 

On April 14, 2009, American Bird 

Conservancy, Defenders of Wildlife and 

National Audubon Society (Petitioners) 

filed a petition requesting that the 

Federal Communications Commission 

(Commission) adopt new rules on an 

expedited basis to comply with the 

National Environmental Policy Act 

(NEPA), the Endangered Species Act 

(ESA), and the Migratory Bird Treaty 

Act (MBTA), and their implementing 

regulations, and to carry out the 

mandate of the U.S. Court of Appeals for 

the District of Columbia Circuit in 

American Bird Conservancy, Inc. v. 

FCC, 516 F.3d 1027 (DC Cir. 2008).1

Specifically, Petitioners request that 

the FCC undertake the following 

actions: Amend the Commission’s 

regulations that implement NEPA, 

‘‘consistent with Council on 

Environmental Quality regulations and 

guidance,’’ to ‘‘cure deficiencies’’ and to 

ensure that only Commission actions 

that have no significant environmental 

effects individually or cumulatively are 

categorically excluded; Prepare a 

programmatic environmental impact 

statement addressing the environmental 

consequences of its Antenna Structure 

Registration (ASR) program on 

migratory birds, their habitats, and the 

environment; Promulgate rules to clarify 

the roles, responsibilities and 

obligations of the Commission, 

applicants, and non-federal 

representatives in complying with the 

ESA; Consult with the U.S. Fish and 

Wildlife Service on the ASR program 

regarding all effects of towers and 

antenna structures on endangered and 

threatened species; and complete the 

proposed rulemaking in WT Docket No. 

03–187 to adopt measures to reduce 

migratory bird deaths in compliance 

with the MBTA.2

Procedural Matters: This proceeding 

has been designated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules.3

Parties making oral ex parte 

presentations in this proceeding are 

reminded that memoranda summarizing 

the presentation must contain the 

presentation’s substance and not merely 

list the subjects discussed.4 More than a 

one- or two-sentence description of the 

views and arguments presented is 

generally required.5

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415 and 

1.419, interested parties may file 

comments on or before May 29, 2009 

and reply comments on or before June 

15, 2009. Comments may be filed using: 

(1) The Commission’s Electronic 

Comment Filing System (ECFS), (2) the 

Federal Government’s eRulemaking 

Portal, or (3) by filing paper copies. See 

Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121 

(May 1, 1998). 

Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 


pwalker on PROD1PC71 with PROPOSALS
21614 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Proposed Rules 

provided on the Web site for submitting 

comments. 

For ECFS filers, if multiple docket or 

rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. 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. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

The Commission’s contractor will 

receive hand-delivered or messengerdelivered 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. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Parties shall send one copy of their 

comments and reply comments to Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

e-mail FCC@BCPIWEB.com. Comments 

filed in response to this document will 

be available for public inspection and 

copying during business hours in the 

FCC Reference Information Center, 

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

CY–A257, Washington, DC 20554, and 

via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket number, WT Docket 

No. 08–165. The comments may also be 

purchased from Best Copy and Printing, 

Inc., telephone (800) 378–3160, 

facsimile (202) 488–5563, or e-mail 

FCC@BCPIWEB.com. 

Federal Communications Commission. 

James D. Schlichting, 

Acting Chief, Wireless Telecommunications 

Bureau. 

[FR Doc. E9–10815 Filed 5–7–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R7–ES–2008–0105; 92210–1117– 

0000–B4] 

RIN 1018–AV92 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Southwest Alaska 

Distinct Population Segment of the 

Northern Sea Otter (Enhydra lutris 

kenyoni) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

public comment period; notice of public 

hearing. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our proposal to designate critical 

habitat for the southwest Alaska Distinct 

Population Segment (DPS) of the 

northern sea otter (Enhydra lutris 

kenyoni) under the Endangered Species 

Act of 1973, as amended (Act). This 

action will provide all interested parties 

with an additional opportunity to 

submit written comments on our 

December 16, 2008, proposed rule to 

designate approximately 15,225 square 

kilometers (km2) (5,879 square miles 

(mi2)) as critical habitat. 

DATES: We are reopening the comment 

period until July 1, 2009. For more 

information, see Public Comments 

Solicited section below. 

ADDRESSES:

Public Comments: You may submit 

information 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: FWS–R7– 

ES–2008–0105; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

Public Hearing: We will hold one 

public hearing on June 18, 2009, at the 

Z.J. Loussac Library in Anchorage, 

Alaska. There will be an informational 

meeting with a questions and answer 

session from 7 p.m. to 7:30 p.m. and we 

will accept public comments verbally 

from 7:30 p.m. to 9:30 p.m. In addition 

to having the opportunity to provide 

oral comments in person, telephone 

access will be provided for this hearing. 

Contact the Marine Mammals 

Management Office (see FOR FURTHER

INFORMATION CONTACT) for more 

information about this public hearing. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments Solicited 

section below for more details). 

FOR FURTHER INFORMATION CONTACT: 

Douglas M. Burn, Marine Mammals 

Management Office, U.S. Fish and 

Wildlife Service, 1011 East Tudor Road, 

Anchorage, AK 99503; telephone 907/ 

786–3800; facsimile 907/786–3816. If 

you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 16, 2008, we published 

a proposed rule to designate 

approximately 15,225 square kilometers 

(km2) (5,879 square miles (mi2)) as 

critical habitat for the southwest Alaska 

DPS of the northern sea otter (73 FR 

76454). We accepted public comments 

on this proposed rule for 60 days, 

ending on February 17, 2009. During 

that period, we received 15 submissions 

from various individuals, communities, 

and organizations. Recognizing that the 

original public comment period 

partially overlapped with the holiday 

season, we are reopening the public 

comment period to provide additional 

time for concerned individuals to 

provide input on the proposed 

designation. 

We intend that any final action 

resulting from this proposal will be as 


pwalker on PROD1PC71 with PROPOSALS