23798 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Rules and Regulations 

located at 43°16′18.202′′ N., 

077°36′38.919′′ W., 43°15′53.209′′ N., 

077°37′00.698′′ W., 43°15′46.366′′ N., 

077°35′30.524′′ W., 43°15′21.376′′ N., 

077°35′52.307′′ W. All Geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Effective Period. This regulation is 

effective from 10 a.m., May 28, 2009 

through 4:30 p.m., May 31, 2009. This 

zone will be enforced from 10 a.m. to 

4:30 p.m. May 28, 2009 through May 31, 

2009. 

(c) Regulations. 

(1) The general regulations contained 

in 33 CFR 165.23 apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on scene patrol personnel. 

Coast Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. Upon 

being hailed by a U.S. Coast Guard 

vessel via siren, radio, flashing light, or 

other means, the operator shall proceed 

as directed. 

(3) Commercial vessels may request 

permission from the Captain of the Port 

Buffalo to transit the safety zone. 

Approval will be made on a case-bycase basis. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Buffalo on Channel 16, VHF–FM. 

Dated: May 1, 2009. 

R.S. Burchell, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. E9–11836 Filed 5–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 302, 303 and 307 

RIN 0970–AC01 

State Parent Locator Service; 

Safeguarding Child Support 

Information 

AGENCY: Office of Child Support 

Enforcement (OCSE), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services. 

ACTION: Delay of effective date. 

SUMMARY: In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review,’’ 

this action delays until December 30, 

2010, the effective date of the final rule 

entitled ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information,’’ published in the Federal 

Register on September 26, 2008 (73 FR 

56422). The delay in effective date is 

necessary to give Department officials 

the opportunity for further review of the 

issues of law and policy raised by this 

rule. 

DATES: The effective date of the rule 

amending 45 CFR parts 302, 303, and 

307 published in the September 26, 

2008 Federal Register (73 FR 56442), 

which was delayed on March 20, 2009 

(74 FR 11879), is further delayed until 

December 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Yvette Riddick, Office of Child Support 

Enforcement, Division of Policy, (202) 

401–4885. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 26, 2008, a final rule 

following notice and comment period 

entitled ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information’’ was published in the 

Federal Register [73 FR 56422] to 

address requirements for State Parent 

Locator Service responses to authorized 

location requests, State IV–D program 

safeguarding of confidential 

information, authorized disclosures of 

this information, and restrictions on the 

use of confidential data and information 

for child support purposes with 

exceptions for certain disclosures 

permitted by statute. The effective date 

given for the final rule was March 23, 

2009. 

In accordance with the memorandum 

of January 20, 2009, from the Assistant 

to the President and Chief of Staff 

entitled ‘‘Regulatory Review’’ [74 FR 

4435], on March 3, 2009, we published 

a notice in the Federal Register [74 FR 

9171], seeking public comment on a 

contemplated delay of 60 days in the 

effective date of the rule entitled ‘‘State 

Parent Locator Service; Safeguarding 

Child Support Information.’’ In response 

to comment, the Department issued a 

subsequent notice on March 20, 2009 

[74 FR 11879] delaying the effective 

date of the September 26, 2008 rule by 

60 days until May 22, 2009, in order to 

permit officials of the new 

Administration an opportunity to 

review and approve the policies in the 

regulation. 

However, subsequent to publication 

of the March 20, 2009 notice, we 

determined that additional time would 

be needed for Department officials to 

complete their review of the rule and to 

assess fully the comments received in 

response to the March 3, 2009 notice. As 

a result, on April 15, 2009, a notice was 

published in the Federal Register [74 

FR 17445] indicating that the 

Department was contemplating a further 

delay in the effective date of the ‘‘State 

Parent Locator; Safeguarding Child 

Support Information’’ final rule to 

December 30, 2010. As discussed below, 

the April 15, 2009 notice generated 

three comments, all of which supported 

the December 30, 2010 effective date. 

II. Provision of This Action 

This action further delays the 

effective date of the September 26, 2008 

final rule. The effective date of the final 

rule which would have been May 22, 

2009, is now December 30, 2010. The 

delay in the effective date is necessary 

to give Department officials the 

opportunity for further review of the 

issues of law and policy raised by the 

rule. 

III. Comments Received in Response to 

the April 15, 2009 Notice 

We received three comments in 

response to the April 15, 2009 notice 

with comment period on the 

contemplated delay in the effective date 

of the ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information’’ final rule. Although the 

April 15, 2009 notice invited comments 

on the contemplated extension of the 

effective date of the regulation to 

December 30, 2010, it also generated 

comments recommending changes to 

substantive areas of the final rule. All 

commenters supported the delayed 

effective date and as a result, we are 

delaying the effective date of the rule to 

December 30, 2010 to allow sufficient 

time for Department officials to review 

issues of law and policy raised by the 

rule. 

A summary of the comments received 

follows: 

Comments: All three commenters 

supported the contemplated delay in the 

effective date. Two of the commenters 

also provided comments that are 

substantive in nature. One commenter 

was concerned about the provisions of 

the rule that authorize disclosure of 

State child support data to private child 

support collection agencies (PCAs), 

companies that do not operate under a 

contract with the State or county child 

support program, but instead contract 

directly with custodial parents. The 

same commenter also recommended 

that the Department review the child 

welfare provision of the rule to ensure 

that it fully complies with the Fostering 

Connections to Success and Increasing 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Rules and Regulations 23799 

Adoptions Act signed into law on 

October 7, 2008 after the publication of 

the final rule September 26, 2008. For 

example, the new law raises a set of 

questions about whether data 

maintained through the Federal Parent 

Locator Service and the State Parent 

Locator Service are available to assist 

State child welfare agencies in carrying 

out their responsibilities to locate adult 

relatives of children removed from 

parental custody in order to identify 

potential placements. 

The other substantive comment raised 

similar concerns regarding PCAs. In 

particular, the commenter was 

concerned with the PCAs being an 

‘‘agent of the child’’ for the purpose of 

locate requests under section 453 of the 

Social Security Act. The commenter 

believes that the PCA in child support 

matters represents the parent, not the 

child, thus is not ‘‘the agent of the 

child’’ and is not authorized to receive 

any Federal Parent Locator Service 

information from the IV–D agency. The 

commenter also suggested that similar 

to the access provided to title IV Social 

Security Act programs, human service 

programs serving the same family as the 

child support program should have 

clear and unambiguous access to 

Federal information. For example, the 

commenter encouraged the Office of 

Child Support Enforcement to provide 

the Supplemental Nutrition Assistance 

Program access to child support 

information to determine income 

eligibility. 

Response: The Department believes 

that the comments received on the 

notice published in the Federal Register 

on April 15, 2009 [74 FR 17445] 

soliciting comments on the delay in the 

effective date of the rule support the 

delay in the effective date until 

December 30, 2010. While the 

substantive comments on the policies 

contained in the rule were not solicited, 

the delay will provide time for 

Department officials to assess those 

comments as well as review all issues of 

law and policy raised by the rule. 

(Catalog of Federal Domestic Assistance 

Program No. 93.563, Child Support 

Enforcement) 

Dated: May 18, 2009. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. E9–11936 Filed 5–20–09; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WP Docket No. 07–100; FCC 09–29] 

Private Land Mobile Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document addresses 

revisions to the Commission’s rules and 

policies regarding private land mobile 

radio (PLMR) services and particularly 

public safety operations. In the Report 

and Order portion of this document, the 

Commission accords primary status to 

4.9 GHz band permanent fixed stations 

that are used to deliver broadband 

service; harmonizes output power 

measurement procedures for 4.9 GHz 

technology with procedures for similar 

devices that are regulated by part 15 of 

the Commission’s rules; and clarifies 

that cross-band repeaters are permitted 

for all public safety systems. The 

Commission makes these changes to 

reduce uncertainty in the rules and 

harmonize the rules. The intended effect 

for public safety licensees is to allow 

additional flexibility, create 

opportunities for public safety users to 

benefit from speedier deployment of 

new technologies in the 4.9 GHz band, 

and lead to expanded use of 4.9 GHz 

broadband networks. The intended 

effect for manufacturers is to allow 

technologies similar to those covered by 

part 15 to be used in the 4.9 GHz band, 

resulting in speedier deployment of new 

technologies in this band. The intended 

effect of the cross-banding rule change 

is to enhance communications among 

public safety agencies operating in 

various frequency bands. 

DATES: Effective June 22, 2009. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION for locations where the 

public may inspect, copy, or purchase 

hardcopies of the Report and Order and 

Further Notice of Proposed Rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Eng, Policy Division, Public 

Safety and Homeland Bureau, Federal 

Communications Commission, 

Washington, DC 20554, at (202) 418– 

0019, TTY (202) 418–7233, via e-mail at 

Thomas.Eng@fcc.gov, or via U.S. Mail at 

Federal Communications Commission, 

Public Safety and Homeland Security 

Bureau, 445 12th Street, SW., 

Washington, DC 20554. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Report and Order 

portion of the Commission’s Report and 

Order and Further Notice of Proposed 

Rulemaking in WP Docket No. 07–100, 

adopted on April 7, 2009 and released 

on April 9, 2009. The complete text of 

this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., in person 

at 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, via telephone at 

(202) 488–5300, via facsimile at (202) 

488–5563, or via e-mail at 

FCC@BCPIWEB.com. Alternative 

formats (computer diskette, large print, 

audio cassette, and Braille) are available 

to persons with disabilities or by 

sending an e-mail to FCC504@fcc.gov or 

calling the Consumer and Governmental 

Affairs Bureau at (202) 418–0530, TTY 

(202) 418–0432. This document is also 

available on the Commission’s Web site 

at http://www.fcc.gov. 

The major decisions in the Report and 

Order are as follows: 

• Amends § 90.1207 of the 

Commission’s rules, which governs 

licensing of the 4.9 GHz band, to grant 

primary status to stand-alone permanent 

fixed links that are used to deliver 

broadband service and permanent fixed 

links that connect 4.9 GHz base and 

mobile stations that are used to deliver 

broadband services, as well as other 

public safety networks using spectrum 

designated for broadband use. 

• Amends § 90.1215 of the 

Commission’s rules to require the same 

output power measurement procedures 

for 4.9 GHz technology as those required 

for devices that use digital modulation 

techniques and are regulated by part 15 

of the Commission’s rules. 

• Continues to permit paging 

operations on Very High Frequency 

(VHF) public safety frequencies. 

• Modifies the existing language in 

§ 90.243(b)(1) to clarify that cross-band 

repeaters are permitted for all public 

safety systems. 

• Declines to amend § 90.20 to 

authorize privately-run metropolitan 

transit systems to use frequencies in the 

Public Safety Pool. 

4.9 GHz Band 

In the earlier Notice of Proposed 

Rulemaking (NPRM), 72 FR 35190, June 

27, 2007, in this proceeding, the 

Commission sought comment on two 

proposals by M/A–COM to modify the 

Commission’s rules regarding the 4.9 

GHz band. First, M/A–COM asks the 

Commission for an amendment to 

§ 90.1207(c) that would ‘‘clarify that 


dwashington3 on PROD1PC60 with RULES