23656 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

may propose a de minimis expansion of 

its full-service pre-transition analog 

service area upon demonstrating that 

the expansion is necessary to replace its 

analog loss area. The license for the 

replacement digital television translator 

will be associated with the full power 

station’s main license, will be assigned 

the same call sign, may not be 

separately assigned or transferred, and 

will be renewed with the full-service 

station’s main license. 

(ii) Each original construction permit 

for the construction of a replacement 

digital television translator station shall 

specify a period of three years from the 

date of issuance of the original 

construction permit within which 

construction shall be completed and 

application for license filed. The 

provisions of § 74.788(c) of this chapter 

shall apply for stations seeking 

additional time to complete 

construction of their replacement digital 

television translator station. 

(iii) A public notice will specify the 

date upon which interested parties may 

begin to file applications for 

replacement digital television 

translators. Such applications shall be 

filed on FCC Form 346, shall be treated 

as an application for minor change and 

shall be accepted on a first-come, firstserved basis. Mutually exclusive 

applications shall be resolved via the 

Commission’s part 1 and broadcast 

competitive bidding rules, § 1.2100 et 

seq. and § 73.5000 et seq. of this 

chapter. 

(iv) The following sections are 

applicable to replacement digital 

television translator stations: 

§ 73.1030 Notifications concerning 

interference to radio astronomy, research 

and receiving installations. 

§ 74.703 Interference. 

§ 74.709 Land mobile station protection. 

§ 74.734 Attended and unattended 

operation. 

§ 74.735 Power Limitations. 

§ 74. 751 Modification of transmission 

systems. 

§ 74.763 Time of Operation. 

§ 74.765 Posting of station and operator 

licenses. 

§ 74.769 Copies of rules. 

§ 74.780 Broadcast regulations applicable to 

translators, low power, and booster 

stations (except § 73.653—Operation of 

TV aural and visual transmitters and 

§ 73.1201—Station identification). 

§ 74.781 Station records. 

§ 74.784 Rebroadcasts. 

* * * * * 

[FR Doc. E9–11730 Filed 5–15–09; 4:15 pm] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1580 

[Docket No. TSA–2006–26514; Amendment 

Nos. 1520–7, 1580–2] 

RIN 1652–AA51 

Rail Transportation Security 

AGENCY: Transportation Security 

Administration (TSA), DHS. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: This action contains minor 

technical corrections to the Rail 

Transportation Security final rule, 

which was published on November 26, 

2008. That document incorrectly 

referenced certain paragraphs in various 

sections of 49 CFR part 1580 and 

included an incorrect telephone number 

for reporting significant security 

concerns to TSA. This document 

corrects the final regulations by revising 

these paragraph citations and providing 

the appropriate telephone number. 

DATES: This correction is effective on 

May 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David H. Kasminoff, Office of Chief 

Counsel, TSA–2, Transportation 

Security Administration, 601 South 

12th Street, Arlington, VA 20598–6002; 

telephone (571) 227–3583; facsimile 

(571) 227–1378; e-mail 

david.kasminoff@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 26, 2008 (73 FR 72131), 

TSA issued a final rule to enhance the 

security of our Nation’s rail 

transportation system. This rule 

established security requirements for 

freight railroad carriers; intercity, 

commuter, and short-haul passenger 

train service providers; rail transit 

systems; and rail operations at certain, 

fixed-site facilities that ship or receive 

specified hazardous materials by rail. As 

published, the regulatory text in the 

final rule contains several incorrect 

references to other provisions in the 

rule. First, the rule as published, in 

stating that §§ 1580.100, 1580.101, and 

1580.105 apply to a freight railroad 

carrier hosting a passenger operation 

described in § 1580.1, incorrectly cites 

to nonexistent paragraph (d) in § 1580.1, 

instead of paragraph (a)(4). Second, 

§ 1580.103(g), which requires each 

person described in paragraph (a) of that 

section to provide a telephone number 

for TSA to use to request location and 

shipping information, incorrectly refers 

to information required in paragraph 

(a)(4) of § 1580.103 instead of paragraph 

(c). Third, § 1580.103(g)(2), in stating 

that a covered person may not provide 

a telephone number that requires a call 

back (such as an answering service, 

answering machine, or beeper device) to 

meet the requirements of § 1580.103, 

incorrectly refers to paragraph (f) of that 

section instead of paragraph (g). Fourth, 

§ 1580.107(a), in referencing the 

paragraph that contains an exception to 

the requirements imposed upon a rail 

hazardous materials shipper transferring 

to a rail car containing rail securitysensitive materials to a railroad carrier, 

incorrectly refers to paragraph (e) of 

§ 1580.107 instead of paragraph (g). This 

final rule correction replaces the 

incorrect citations with the correct ones. 

Finally, the telephone numbers 

provided in §§ 1580.105(b) and 

1580.203(b) of the final rule for 

reporting significant security concerns 

to DHS have been changed. The new 

telephone number at the TSA Freedom 

Center designated to receive reports of 

significant security concerns is 1–866– 

615–5150. This final rule correction 

inserts the correct telephone number in 

the rule text. 

List of Subjects in 49 CFR Part 1580 

Hazardous materials transportation, 

Mass transportation, Rail hazardous 

materials receivers, Rail hazardous 

materials shippers, Rail transit systems, 

Railroad carriers, Railroad safety, 

Railroads, Reporting and recordkeeping 

requirements, Security measures. 

II. Corrections to the Rule 

■ Accordingly, 49 CFR part 1580 is 

corrected by making the following 

correcting amendments: 

PART 1580—RAIL TRANSPORTATION 

SECURITY 

■ 1. The authority citation for part 1580 

continues to read as follows: 

Authority: 49 U.S.C. 114. 

■ 2. In § 1580.100, paragraph (a)(4) is 

correctly revised to read as follows: 

§ 1580.100 Applicability. 

(a) * * * 

(4) Each freight railroad carrier 

hosting a passenger operation described 

in § 1580.1(a)(4) of this part. 

* * * * * 

■ 3. In § 1580.101, paragraph (a)(4) is 

correctly revised to read as follows: 

§ 1580.101 Rail security coordinator. 

(a) * * * 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23657 

(4) Each freight railroad carrier 

hosting the passenger operations 

described in § 1580.1(a)(4) of this part. 

* * * * * 

■ 4. In § 1580.103, paragraphs (g) 

introductory text and (g)(2) are correctly 

revised to read as follows: 

§ 1580.103 Location and shipping 

information for certain rail cars. 

* * * * * 

(g) Telephone number. Each person 

described in paragraph (a) of this 

section must provide a telephone 

number for use by TSA to request the 

information required in paragraph (c) of 

this section. 

* * * * * 

(2) A telephone number that requires 

a call back (such as an answering 

service, answering machine, or beeper 

device) does not meet the requirements 

of this paragraph. 

* * * * * 

■ 5. In § 1580.105, paragraphs (a)(4) and 

(b) are correctly revised to read as 

follows: 

§ 1580.105 Reporting significant security 

concerns. 

(a) * * * 

(4) Each freight railroad carrier 

hosting a passenger operation described 

in § 1580.1(a)(4) of this part. 

* * * * * 

(b) Each person described in 

paragraph (a) of this section must 

immediately report potential threats and 

significant security concerns to DHS by 

telephoning the Freedom Center at 1– 

866–615–5150. 

* * * * * 

■ 6. In § 1580.107, paragraph (a) 

introductory text is correctly revised to 

read as follows: 

§ 1580.107 Chain of custody and control 

requirements. 

(a) Within or outside of an HTUA, rail 

hazardous materials shipper 

transferring to carrier. Except as 

provided in paragraph (g) of this 

section, at each location within or 

outside of an HTUA, a rail hazardous 

materials shipper transferring custody of 

a rail car containing one or more of the 

categories and quantities of rail securitysensitive materials to a freight railroad 

carrier must: 

* * * * * 

■ 7. In § 1580.103, paragraph (b) is 

correctly revised to read as follows: 

§ 1580.203 Reporting significant security 

concerns. 

* * * * * 

(b) Each person described in 

paragraph (a) of this section must 

immediately report potential threats and 

significant security concerns to DHS by 

telephoning the Freedom Center at 

1–866–615–5150. 

* * * * * 

Issued in Arlington, Virginia, on May 13, 

2009. 

Gale D. Rossides, 

Acting Administrator. 

[FR Doc. E9–11736 Filed 5–19–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XP29 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

American Fisheries Act Catcher 

Processors Using Trawl Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary as the 

2009 Pacific cod directed fishing 

allowance for AFA trawl catcher 

processors in the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 10, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Patty Britza, 907–586–7376. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2009 Pacific cod total allowable 

catch (TAC) allocated to AFA trawl 

catcher processors in the BSAI is 3,626 

metric tons (mt) as established by the 

final 2009 and 2010 harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2009 Pacific cod 

TAC allocated to AFA catcher 

processors in the BSAI will be taken as 

incidental catch in directed fisheries for 

other groundfish fisheries. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 0 mt and in accordance 

with § 679.20(d)(1)(iii), finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by AFA trawl catcher processors in 

the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by AFA 

trawl catcher processors in the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of May 12, 

2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq.