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 

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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 25209 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act section of this 

document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION, CONTACT: 

John L. Conklin, Program Manager, 

Locomotive Engineer Certification, U.S. 

Department of Transportation, Federal 

Railroad Administration, Mail Stop 25, 

West Building 3rd Floor West, Room 

W38–208, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: 202– 

493–6318); or John Seguin, Trial 

Attorney, U.S. Department of 

Transportation, Federal Railroad 

Administration, Office of Chief Counsel, 

RCC–10, Mail Stop 10, West Building 

3rd Floor, Room W31–217, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590 (telephone: 202–493–6045). 

SUPPLEMENTARY INFORMATION: On April 

14, 2009, the comment period for the 

NPRM reopened for thirty (30) days so 

that FRA could make the public hearing 

transcript available for review and 

comment by the general public, 

interested parties could provide 

additional comments or documents, and 

so interested parties could respond to 

testimony provided at the public 

hearing. A request for an extension of 

that comment period, which closed on 

May 14, 2009, has been filed with the 

FRA. The request alleges that an 

interested party was unable to timely 

comment due to problems accessing the 

hearing transcript. In light of the 

request, FRA is reopening the comment 

period. 

Privacy Act 

FRA wishes to inform all potential 

commenters that anyone is able to 

search the electronic form of all 

comments received into any agency 

docket by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://www.regulations.gov/search/ 

footer/privacyanduse.jsp. 

Issued in Washington, DC, on May 20, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–12156 Filed 5–26–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[FWS-R9-MB-2008-0124; 91200-1231-9BPPL2] 

RIN 1018-AW31 

Migratory Bird Hunting; Supplemental 

Proposals for Migratory Game Bird 

Hunting Regulations for the 2009-10 

Hunting Season; Notice of Meetings 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; supplemental. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), proposed in 

an earlier document to establish annual 

hunting regulations for certain 

migratory game birds for the 2009–10 

hunting season. This supplement to the 

proposed rule provides the regulatory 

schedule, announces the Service 

Migratory Bird Regulations Committee 

and Flyway Council meetings, and 

provides Flyway Council 

recommendations resulting from their 

March meetings. 

DATES: You must submit comments on 

the proposed regulatory alternatives for 

the 2009–10 duck hunting seasons by 

June 26, 2009. Following subsequent 

Federal Register documents, you will be 

given an opportunity to submit 

comments for proposed early-season 

frameworks by July 31, 2009, and for 

proposed late-season frameworks and 

subsistence migratory bird seasons in 

Alaska by August 31, 2009. The Service 

Migratory Bird Regulations Committee 

will meet to consider and develop 

proposed regulations for early-season 

migratory bird hunting on June 24 and 

25, 2009, and for late-season migratory 

bird hunting and the 2010 spring/ 

summer migratory bird subsistence 

seasons in Alaska on July 29 and 30, 

2009. All meetings will commence at 

approximately 8:30 a.m. 

ADDRESSES: You may submit comments 

on the proposals 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: 1018- 

AW31; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, Suite 

222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

The Service Migratory Bird 

Regulations Committee will meet in 

room 200 of the U.S. Fish and Wildlife 

Service’s Arlington Square Building, 

4401 N. Fairfax Dr., Arlington, VA. 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel, U.S. Fish and Wildlife 

Service, Department of the Interior, MS 

MBSP-4107-ARLSQ, 1849 C Street, NW, 

Washington, DC 20240; (703) 358-1714. 

SUPPLEMENTARY INFORMATION: 

Regulations Schedule for 2009 

On April 10, 2009, we published in 

the Federal Register (74 FR 16339) a 

proposal to amend 50 CFR part 20. The 

proposal provided a background and 

overview of the migratory bird hunting 

regulations process, and dealt with the 

establishment of seasons, limits, and 

other regulations for hunting migratory 

game birds under 20.101 through 

20.107, 20.109, and 20.110 of subpart K. 

This document is the second in a series 

of proposed, supplemental, and final 

rules for migratory game bird hunting 

regulations. We will publish proposed 

early-season frameworks in early July 

and late-season frameworks in early 

August. We will publish final regulatory 

frameworks for early seasons on or 

about August 17, 2009, and for late 

seasons on or about September 14, 2009. 

Service Migratory Bird Regulations 

Committee Meetings 

The Service Migratory Bird 

Regulations Committee will meet June 

24-25, 2009, to review information on 

the current status of migratory shore and 

upland game birds and develop 2009–10 

migratory game bird regulations 

recommendations for these species, plus 

regulations for migratory game birds in 

Alaska, Puerto Rico, and the Virgin 

Islands. The Committee will also 

develop regulations recommendations 

for September waterfowl seasons in 

designated States, special sea duck 

seasons in the Atlantic Flyway, and 

extended falconry seasons. In addition, 

the Committee will review and discuss 

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