Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4035 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: 

Flexible polyurethane foam fabrication 

facilities. 

Estimated Number of Respondents: 

11. 

Frequency of Response: Initially, 

occasionally, semiannually, and 

annually. 

Estimated Total Annual Hour Burden: 

12,303. 

Estimated Total Annual Cost: 

$1,004,834, which includes: labor costs 

of $1,002,163, annualized capital/ 

startup costs of $997, and $1,674 in 

O&M costs. 

Changes in the Estimates: There is no 

change in the total estimated burden 

currently identified in the OMB 

Inventory of Approved ICR Burdens. 

Apparent differences of less than 500 

hours are attributable to rounding; in 

previous years, hours were rounded to 

the nearest thousand; this ICR presents 

more exact figures. 

Dated: January 13, 2009. 

John Moses, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. E9–1169 Filed 1–21–09; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Economic Impact Policy 

This notice is to inform the public 

that the Export-Import Bank of the 

United States has received an 

application for a $453 million direct 

loan to support the U.S. export of 

approximately $372 million worth of 

mining equipment and services for a 

mining project in the Dominican 

Republic. The U.S. exports will enable 

the company in the Dominican Republic 

to produce approximately 28.35 metric 

tons of gold and 140 metric tons of 

silver per year on average during the 11- 

year repayment term of the loan. 

Available information indicates that 

most of this new gold and silver 

production will be sold internationally. 

Interested parties may submit comments 

on this transaction by e-mail to 

economic.impact@exim.gov or by mail 

to 811 Vermont Avenue, NW., Room 

1238, Washington, DC 20571, within 14 

days of the date this notice appears in 

the Federal Register. 

Helene S. Walsh, 

Vice-President, Policy Analysis Division. 

[FR Doc. E9–1164 Filed 1–21–09; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 08–214; DA 08–2819] 

NFL Enterprises LLC, Complainant v. 

Comcast Cable Communications, LLC, 

Defendant; File No. CSR–7876–P 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document finds that the 

Administrative Law Judge exceeded his 

authority by setting a hearing date 

beyond the 60-day deadline specified in 

the Hearing Designation Order for 

issuing a recommended decision 

regarding the above-captioned program 

carriage dispute and orders that the 

Media Bureau will proceed to resolve 

this dispute without the benefit of a 

recommended decision from the ALJ. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Steven Broeckaert, 

Steven.Broeckaert@fcc.gov, or David 

Konczal, David.Konczal@fcc.gov, of the 

Media Bureau, Policy Division, (202) 

418–2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Memorandum Opinion 

and Order, DA 08–2819, adopted and 

released on December 31, 2008. The full 

text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, 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.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. 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). 

Synopsis of the Order 

1. On October 10, 2008, the Media 

Bureau issued a Memorandum Opinion 

and Hearing Designation Order 

(‘‘HDO’’) in the above captioned matter. 

73 FR 65312, November 3, 2008. The 

HDO, among other things, referred 

certain program carriage disputes, 

including the above-captioned matter, to 

an Administrative Law Judge (‘‘ALJ’’) to 

resolve factual disputes as to whether 

the defendant cable operators had 

discriminated against the complainant 

video programmers or required a 

financial interest in the complainant 

video programmer’s programming as a 

condition for carriage in violation of the 

Commission’s program carriage rules. 73 

FR 65312, 65322, 65323, November 3, 

2008. The HDO ordered the ALJ to make 

and return a recommended decision to 

the Commission within 60 days of the 

release date of the HDO, i.e., by 

December 9, 2008. Unfortunately, the 

ALJ has not issued a recommended 

decision by the deadline but, instead, 

has set a date to begin a hearing more 

than three months past the HDO’s 

deadline without indicating when a 

recommended decision will be released. 

Herring Broadcasting, Inc. v. Time 

Warner Cable Inc. et al., Order, MB 

Docket No. 08–214, FCC 08M–50 (rel. 

Dec. 2, 2008). 

2. On December 24, 2008, the Media 

Bureau issued a Memorandum Opinion 

and Order (the ‘‘Dec. 24th MO&O’’) 

finding that the ALJ exceeded his 

authority by setting a hearing date 

beyond the HDO’s 60-day deadline for 

issuing a recommended decision. In the 

Matter of Herring Broadcasting Inc., d/ 

b/a WealthTV, et al., Memorandum 

Opinion and Order, DA 08–2805, MB 

Docket 08–214 (rel. Dec. 24, 2008), at 

¶¶ 2, 14–16 (‘‘Dec. 24th MO&O’’). In the 

Dec. 24th MO&O, the Media Bureau 

stated that the ALJ’s limited authority to 

consider these matters extended through 

December 9, 2008. See id. The Media 

Bureau noted that this deadline has 

passed, and the ALJ’s delegated 

authority over these hearing matters has 

thus expired under the terms of the 

HDO. See id. While the above-captioned 

matter was not included in the caption 

of the Dec. 24th MO&O, NFL 

Enterprises, LLC has filed a Motion for 

Clarification arguing that the logic and 

reasoning of that decision applies 

equally to the above-captioned matter. 

See NFL Enterprises LLC, Motion for 

Clarification, MB Docket No. 08–214, 

File No. CSR–7876–P (filed Dec. 29, 

2008). We agree and therefore the Media 

Bureau will proceed to resolve the 

above-captioned program carriage 


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