Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 25205 

it. However, because the October 30, 

2008 DSW revisions are less stringent 

than the hazardous waste regulations 

that applied to the affected hazardous 

secondary materials before the DSW 

rule went into effect, States that have 

been authorized to administer the RCRA 

Subtitle C hazardous waste program are 

not required to adopt these revisions. 

For States who do not adopt these 

revisions, the State hazardous waste 

regulations, as authorized by EPA, will 

remain the standards that apply to 

hazardous wastes sent to reclamation in 

that State. 

Because the DSW final rule is in 

effect, States may decide to adopt these 

provisions (or to adopt a subset of these 

provisions, such as the generatorcontrolled exclusion) at any time. States 

may also decide not to adopt the DSW 

rule until such time as EPA completes 

the current process of reviewing the 

Sierra Club petition. If EPA 

subsequently decides to revise the rule, 

such that the revisions are more 

stringent than the October 30, 2008, 

rule, then those States who adopted the 

current version of the DSW rule would 

need to modify their program to adopt 

the more stringent provisions (because 

State RCRA regulations can be no less 

stringent than the Federal regulations). 

Dated: May 11, 2009. 

Matt Hale, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. E9–12283 Filed 5–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 07–294, 06–121, 02–277, 

04–228; MM Docket Nos. 01–235, 01–317, 

00–244; FCC 09–33] 

Promoting Diversification of 

Ownership in the Broadcasting 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Fourth Further Notice of 

Proposed Rulemaking (Fourth FNPRM) 

seeks comment on whether to modify 

FCC Form 323–E, the Ownership Report 

filed by noncommercial educational 

(NCE) licensees of AM, FM, and TV 

broadcast stations, to obtain gender, 

race, and ethnicity data. Obtaining the 

information, the FCC believes, would 

further its goal to design policies to 

advance diversity in the broadcast 

industry. The Fourth FNPRM also seeks 

comment on whether to collect gender, 

race and ethnicity ownership 

information for low power FM (LPFM) 

licensees or whether to continue to 

exempt LPFM licensees from the 323–E 

filing requirements. 

DATES: Submit comments on or before 

June 26, 2009 and submit reply 

comment on or before July 13, 2009. 

Submit written comments on the PRA 

proposed information collection 

requirements on or before July 27, 2009. 

ADDRESSES: You may submit comments, 

identified by MB Docket Nos. 07–294; 

06–121; 02–277; 04–228; MM Docket 

Nos. 01–235; 01–317; 00–244, 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: Submit hand-delivery paper 

comments to the Commission’s 

contractor at 236 Massachusetts 

Avenue, NE., Suite 110, Washington, DC 

20002. Submit commercial overnight 

mail to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. Submit U.S. 

Postal Service First-Class, Express, and 

Priority mail to 445 12th Street, SW., 

Washington, DC 20554. 

• 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: 

Mania Baghdadi, (202) 418–2330; Amy 

Brett (202) 418–2300. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Fourth 

FNPRM adopted April 8, 2009, and May 

5, 2009. 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. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs). The complete text may be 

purchased from the Commission’s copy 

contractor, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. 

Submit PRA comments to Nicholas A. 

Fraser, Office of Management and 

Budget, by e-mail at 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at (202) 395–5167 and to Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street, SW., Washington, DC or by email at Cathy.Williams@fcc.gov or 

PRA@fcc.gov.] 

Filing Requirements 

Ex Parte Rules. The Fourth FNPRM 

will be treated as ‘‘permit-but-disclose’’ 

subject to the ‘‘permit-but-disclose’’ 

requirements under Section 1.1206(b) of 

the Commission’s rules. Ex parte 

presentations are permissible if 

disclosed in accordance with 

Commission rules, except during the 

Sunshine Agenda period when 

presentations, ex parte or otherwise, are 

generally prohibited. Persons making 

oral ex parte presentations are reminded 

that a memorandum summarizing a 

presentation must contain a summary of 

the substance of the presentation and 

not merely a listing of the subjects 

discussed. More than a one- or twosentence description of the views and 

arguments presented is generally 

required. Additional rules pertaining to 

oral and written presentations are set 

forth in Section 1.1206(b) of the 

Commission’s rules. 

Comments and Reply Comments. 

Pursuant to sections 1.415 and 1.419 of 

the Commission’s rules, interested 

parties may file comments and reply 

comments on or before the dates 

indicated on the first page of this 

document. 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. 

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 

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. 

mstockstill on PROD1PC66 with PROPOSALS

25206 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 

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 the 

FCC continues 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 messenger-delivered paper filings 

between 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. 

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). Persons with 

disabilities who need assistance in the 

FCC Reference Center may contact Bill 

Cline at (202) 418–0267 (voice), (202) 

418–0432 (TTY), or bill.cline@fcc.gov. 

Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY– 

A257, Washington, DC 20554. These 

documents also will be available from 

the Commission’s Electronic Comment 

Filing System. Documents are available 

electronically in ASCII, Word 97, and 

Adobe Acrobat. Copies of filings in this 

proceeding may be obtained from Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554; they can also be 

reached by telephone, at (202) 488–5300 

or (800) 378–3160; by e-mail at 

fcc@bcpiweb.com; or via their Web site 

at http://www.bcpiweb.com. 

Summary of the Fourth Further Notice 

of Proposed Rulemaking 

1. Noncommercial Entities. The FCC 

Form 323–E Ownership Report is filed 

by NCE licensees of AM, FM, and TV 

broadcast stations. Currently, Form 323– 

E does not ask gender, race, or ethnicity 

data questions. The FCC seeks comment 

on whether to include this information 

on the form. The FCC tentatively 

concludes that obtaining gender, race, 

and ethnicity information would further 

its goal to design policies to advance 

diversity in the broadcast industry. The 

FCC believes that data from the entire 

universe of NCE stations are necessary 

to provide a comprehensive picture of 

broadcast ownership, including 

ownership by women and minorities in 

the broadcast industry. Researchers and 

the GAO support modifying the filing 

requirements to collect ownership data 

for NCE stations. 

2. The FCC recognizes, however, that 

there are a number of data collection 

issues that could thwart its efforts to 

obtain minority and gender data due to 

the complex ownership structure of 

some NCE licensees. Many NCE 

broadcast licensees are non-profit, nonstock entities, or governmental 

organizations that are controlled by 

governing boards or trustees composed 

of members who do not have a financial 

stake in the licensee organization. Their 

structure and organization raise difficult 

issues as to how to define ownership in 

the NCE context. 

3. The FCC seeks comment on how to 

define ownership, including minority 

and/or female ownership, in the NCE 

context. The FCC recognizes that 

organizational documents are important 

in defining an NCE entity’s structure 

and mission, including whether it 

serves underserved audiences. However, 

these documents would not provide the 

same kind of empirical evidence that 

ownership statistics provide in the 

commercial context. The FCC asks 

whether looking at the composition of 

the board of directors or other governing 

entity of an NCE station would be 

adequate for this purpose. It also asks 

whether that information would 

meaningfully expand its information on 

minority and female ownership. In 

addition, the FCC seeks comment on 

any potential reporting and 

recordkeeping burdens on NCE entities. 

It asks whether difficulties in defining 

ownership in this context would 

compromise the integrity of the data and 

whether there are ways to minimize 

burdens on NCEs from this proposed 

reporting requirement. Assuming the 

FCC decides to seek information as to 

minority and female ‘‘ownership’’ of 

NCE licensees, it also seeks comment on 

whether to adopt the same or similar 

modifications to Form 323–E that are 

adopted in the accompanying Order for 

Form 323. For instance, it seeks 

comment on whether to establish a 

uniform biennial filing date and a 

uniform date as of which filers must 

identify ownership interests. It also 

seeks comment as to how to assure data 

quality, including whether measures 

such as improving the computer 

interface process, building in additional 

checks for Form 323–E to perform 

verification and review functions, and 

ensuring that all data filed is in a format 

that can be electronically searched, 

aggregated, and cross-referenced, are 

appropriate and sufficient. 

4. LPFM licensees and permittees are 

currently exempt from filing Form 323– 

E. As of December 31, 2008, there are 

859 LPFM licensees, all of which are 

NCE entities. The FCC seeks comment 

on whether to require LPFM licensees to 

file Form 323–E as the FCC proposes to 

revise it, to collect minority and gender 

information for LPFM licensees or to 

continue to exempt LPFM licensees 

from the 323–E filing requirements. The 

FCC seeks comment on whether the 

exclusion of any NCE ownership 

information, such as information on 

LPFM licensees, would diminish the 

usefulness of the new data. The FCC 

also invites comment as to whether it 

would be burdensome for LPFM 

licensees to report this information and, 

if so, how burdensome. If the FCC 

decides to collect this data from LPFM 

licensees, it seeks comment on whether 

LPFM licensees should be required to 

file Form 323–E or another shorter form 

that only seeks minority and gender 

ownership information. 

Initial Paperwork Reduction Act 

Analysis 

5. The Fourth FNPRM contains 

potential information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (‘‘PRA’’), Public 

Law 104–13. OMB, the general public, 

and other Federal agencies are invited to 

comment on the potential new and 

modified information collection 

requirements contained in this Fourth 

FNPRM. If the information collection 

requirements are adopted, the 

Commission will submit the appropriate 

documents to the Office of Management 

and Budget (OMB) for review under 

Section 3507(d) of the PRA and OMB, 

the general public, and other Federal 

agencies will again be invited to 

comment on the new and modified 

information collection requirements 

adopted by the Commission. Comments 

should address: (a) Whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimates; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

mstockstill on PROD1PC66 with PROPOSALS

Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 25207 

automated collection techniques or 

other forms of information technology. 

Pursuant to the Small Business 

Paperwork Relief Act of 2002, Ex. Public 

Law 107–98, see 44 U.S.C. 3506(c)(4), 

the FCC seeks specific comment on how 

it might ‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ 

Initial Regulatory Flexibility Analysis 

6. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’), the Commission has prepared 

an Initial Regulatory Flexibility 

Analysis (‘‘IRFA’’) of the possible 

economic impact on small entities by 

the policies and rules proposed in this 

Fourth FNPRM. Written public 

comments are requested on this IRFA. 

Comments must be identified as 

responses to the IRFA and must be filed 

by the deadlines for comments on the 

Fourth FNPRM. The Commission will 

send a copy of the Fourth FNPRM, 

including this IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration (‘‘SBA’’). 

A. Need for, and Objectives of, the 

Proposed Rules 

7. The Fourth FNPRM invites 

comment on proposed revisions to FCC 

Form 323–E, which would for the first 

time collect information on minority 

and female ownership of 

noncommercial radio and television 

licensees. The objective of the 

information collection is to obtain 

comprehensive ownership data to 

further the Commission’s goal to design 

policies to advance diversity in the 

broadcast industry. In addition, the 

Fourth FNPRM seeks comment on 

whether to require LPFM licensees, 

which are noncommercial broadcast 

licensees, to file Form 323–E on a 

biennial basis and to file information as 

to their minority and female ownership. 

B. Legal Basis 

8. This Fourth FNPRM is adopted 

pursuant to sections 1, 2(a), 3, 4(i, j), 

257, 301, 303(r), 307–10, and 614–15 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152(a), 153, 

154(i, j), 257, 301, 303(r), 307–10, 534– 

35. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

9. The RFA directs agencies to 

provide a description of, and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted. The RFA 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental entity’’ under 

Section 3 of the Small Business Act. In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A small business concern 

is one which: (1) Is independently 

owned and operated; (2) is not 

dominant in its field of operation; and 

(3) satisfies any additional criteria 

established by the SBA. 

10. Television Broadcasting. The rules 

and policies proposed herein apply to 

licensees of noncommercial television 

stations, as well as potential licensees of 

noncommercial television stations. In 

this context, the application of the 

statutory definition to television stations 

is of concern. The Small Business 

Administration defines a television 

broadcasting station that has no more 

than $14 million in annual receipts as 

a small business. Business concerns 

included in this industry are those 

‘‘primarily engaged in broadcasting 

images together with sound.’’ According 

to Commission staff review of the BIA 

Financial Network, Inc. Media Access 

Pro Television Database as of February 

19, 2009 there are about 392 

noncommercial television stations. The 

FCC does not have revenue data or 

revenue estimates for these stations. 

These stations rely primarily on grants 

and contributions for their operations, 

so the FCC will assume that all of these 

entities qualify as small businesses. In 

assessing whether a business entity 

qualifies as small under the above 

definition, business control affiliations 

must be included. The FCC is unable to 

include or aggregate revenues from 

affiliated companies or entities so its 

assumption may overstate the number of 

small entities that might be affected by 

the proposal to require these entities to 

file Form 323–E. 

11. An element of the definition of 

‘‘small business’’ is that the entity not 

be dominant in its field of operation. 

The Commission is unable at this time 

and in this context to define or quantify 

the criteria that would establish whether 

a specific noncommercial television 

station is dominant in its market of 

operation. Accordingly, the foregoing 

estimate of small businesses to which 

the proposed information collection 

may apply does not exclude any 

television stations from the definition of 

a small business on this basis and is 

therefore over-inclusive to that extent. 

An additional element of the definition 

of ‘‘small business’’ is that the entity 

must be independently owned and 

operated. It is difficult at times to assess 

this criterion in the context of media 

entities, and the Commission’s estimate 

of small businesses to which the 

proposed information collection may 

apply may be over-inclusive to this 

extent. 

12. Radio Broadcasting. The rules and 

policies proposed herein apply to 

licensees of noncommercial radio 

stations, as well as to potential licensees 

of noncommercial radio stations. The 

Small Business Administration defines 

a radio broadcasting entity that has $7 

million or less in annual receipts as a 

small business. Business concerns 

included in this industry are those 

‘‘primarily engaged in broadcasting 

aural programs by radio to the public.’’ 

According to Commission staff review 

of the BIA Financial Network, Inc. 

Media Access Pro Radio Analyzer 

Database as of February 19, 2009 there 

are about 3,141 noncommercial radio 

stations. The FCC does not have revenue 

data or revenue estimates for these 

stations. These stations rely primarily 

on grants and contributions for their 

operations, so it will assume that all of 

these entities qualify as small 

businesses. In assessing whether a 

business entity qualifies as small under 

the above definition, business control 

affiliations must be included. The FCC 

is unable to include or aggregate 

revenues from affiliated companies or 

entities so its assumption may overstate 

the number of small entities that might 

be affected by the proposal to require 

these entities to file Form 323–E. 

13. In this context, the application of 

the statutory definition to radio stations 

is of concern. An element of the 

definition of ‘‘small business’’ is that the 

entity not be dominant in its field of 

operation. The FCC is unable at this 

time and in this context to define or 

quantify the criteria that would 

establish whether a specific radio 

station is dominant in its field of 

operation. Accordingly, the foregoing 

estimate of small businesses to which 

the rules may apply does not exclude 

any radio station from the definition of 

a small business on this basis and is 

therefore over-inclusive to that extent. 

An additional element of the definition 

of ‘‘small business’’ is that the entity 

must be independently owned and 

operated. The FCC notes that it is 

difficult at times to assess this criterion 

in the context of media entities, and its 

estimate of small businesses to which 

the proposed information collection 

may apply may be over-inclusive to this 

extent. 

14. Low Power FM Stations. The 

proposed information collection could 

affect licensees of low power FM 

(LPFM) stations, as well as potential 

licensees in this radio service. The same 

mstockstill on PROD1PC66 with PROPOSALS

25208 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 

SBA definition that applies to radio 

broadcast licensees would apply to 

these stations. The SBA defines a radio 

broadcast station as a small business if 

such station has no more than $7 

million in annual receipts. As of 

December 31, 2008, there are 

approximately 859 licensed LPFM 

stations. Given the nature of these 

services, the FCC will presume that all 

of these licensees qualify as small 

entities under the SBA definition. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

15. The Fourth FNPRM seeks 

comment on whether to revise Form 

323–E, the ownership report for 

noncommercial educational broadcast 

licensees, to include minority and 

gender information. Therefore, the rules 

might contain modified information 

collections for noncommercial broadcast 

licensees. The FCC anticipates that 

changes in reporting or recordkeeping 

requirements for noncommercial 

broadcast entities would result from the 

changes in the Commission’s Form 323– 

E necessary to implement the proposal 

to collect gender, race or ethnicity data. 

In addition, the FCC anticipates that 

changes in reporting or recordkeeping 

requirements for LPFM licensees would 

result from new 323–E filing 

requirements. The Fourth FNPRM also 

seeks comment on whether to require 

low power FM (LPFM) licensees to file, 

on a biennial basis, Ownership Report, 

Form 323–E. Therefore, the rules might 

contain modified information 

collections for LPFM licensees. 

E. Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

16. The RFA requires an agency to 

describe any significant alternatives that 

might minimize any significant 

economic impact on small entities. Such 

alternatives may include the following 

four alternatives (among others): (1) The 

establishment of differing compliance or 

reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) the 

clarification, consolidation, or 

simplification of compliance and 

reporting requirements under the rule 

for small entities; (3) the use of 

performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

17. As noted, the FCC is directed 

under law to describe any such 

alternatives it considers, including 

alternatives not explicitly listed above. 

The Fourth FNPRM seeks comment on 

the tentative conclusion that obtaining 

gender and racial/ethnic information 

from all noncommercial stations would 

further the FCC’s goal to design policies 

to advance diversity in the broadcast 

industry. In the alternative, the 

Commission could defer until a later 

time collection of such information. The 

Fourth FNPRM also seeks comment on 

whether the proposed data collection 

would impose a significant reporting, 

recordkeeping, or other compliance 

burden on noncommercial entities, 

especially smaller noncommercial 

entities, and whether there are 

alternative ways to minimize burdens 

on NCEs from this proposed reporting 

requirement. In particular, the Fourth 

FNPRM recognizes that organizational 

documents are important in defining a 

noncommercial entity’s structure and 

mission, including whether it serves 

underserved audiences. However, the 

Fourth FNPRM notes that these 

documents would not provide the same 

kind of empirical evidence that 

ownership statistics provide in the 

commercial context. Therefore, the 

Fourth FNPRM asks whether looking at 

the composition of the board of 

directors or, in the alternative, some 

other governing entity of a 

noncommercial station would be 

adequate for this purpose and whether 

the information would meaningfully 

expand the FCC’s information on 

minority and female ownership. In 

addition, the Fourth FNPRM asks 

whether to establish a uniform biennial 

filing date and a uniform date as of 

which filers must identify ownership 

interests. In addition, the Fourth 

FNPRM asks how to assure data quality, 

including whether improving the 

computer interface process, building in 

additional checks for Form 323–E to 

perform verification and review 

functions, and ensuring that all data 

filed is in a format that can be 

electronically searched, aggregated, and 

cross-referenced, are appropriate and 

sufficient. The Fourth FNPRM also 

seeks comment on the extent of the 

burden on LPFM licensees, all of which 

are smaller noncommercial entities. The 

Commission especially encourages 

small entities to comment on the 

proposals in the Fourth FNPRM in this 

proceeding. The Commission welcomes 

comment, including presentation of 

alternatives to or modifications of rules 

proposed herein, on how to minimize 

any burdens on small business 

licensees. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

None. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–12310 Filed 5–26–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 240 

[Docket No. FRA–2008–0091, Notice No. 3] 

RIN 2130–AB95 

Qualification and Certification of 

Locomotive Engineers; Miscellaneous 

Revisions 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice to reopen comment 

period. 

SUMMARY: FRA is reopening the 

comment period for the notice of 

proposed rulemaking (NPRM) published 

on December 31, 2008 (73 FR 80349) 

which proposed revisions to FRA 

regulations governing the qualification 

and certification of locomotive 

engineers. Reopening the comment 

period is necessary to provide interested 

parties the opportunity to submit 

comments on the information and 

testimony offered at the public hearing 

related to the NPRM that was conducted 

on April 14, 2009. The comment period 

is reopened until June 15, 2009. 

DATES: Written comments must be 

received by Monday, June 15, 2009. 

Comments received after that date will 

be considered to the extent possible 

without incurring additional expenses 

or delays. 

ADDRESSES: Comments related to Docket 

No. FRA–2008–0091 may be submitted 

by any of the following methods: 

• Fax: 1–202–493–2251; 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; or 

• Electronically through the Federal 

eRulemaking Portal, http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions must 

include the agency name, docket name 

mstockstill on PROD1PC66 with PROPOSALS