Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25737 

Complete the Channel Deepening 

Project and to Beneficially Reuse the 

Dredge Material with the Port of Los 

Angeles, Los Angeles County, CA. 

Summary: EPA continues to have 

environmental concerns about 

cumulative impacts to air quality and 

human health, and avoiding ocean 

disposal of sediments. EPA 

recommended commitments to reduce 

air quality impacts and optimize 

beneficial reuse of dredge material. 

EIS No. 20090063, ERP No. FS–UAF– 

A10051–MA, Pave PAWS Early Warning 

Radar Operation Project, Continued 

Operation of the Solid-State PhasedArray Radar System (SSPARS), also 

known as Pave, Phased Array Warning 

Systems (PAWS), Cape Cod Air Force 

Station, MA. 

Summary: No formal comment letter 

was sent to the preparing agency. 

EIS No. 20090097, ERP No. FS–COE– 

E11060–NC, Topsail Beach Interim 

(Emergency) Beach Fill Project—Permit 

Request, Proposal to Place Sand on 4.7 

miles of the Town’s Shoreline to Protect 

the Dune Complex and Oceanfront 

Development, Onslow and Pender 

Counties, NC. 

Summary: EPA agrees with relocating 

the sand borrow area slightly seaward in 

order to lessen impacts to the inlet ebb 

tidal delta. EPA recommended that 

corrective actions be identified in the 

monitoring plan should adverse impacts 

be greater than expected. 

Dated: May 26,2009. 

Ken Mittelholtz, 

Environmental Protection Specialist, Office 

of Federal Activities. 

[FR Doc. E9–12547 Filed 5–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8911–1] 

Meeting of the Mid-Atlantic/Northeast 

Visibility Union (MANE–VU) 

Stakeholder Briefing 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of meeting. 

SUMMARY: The United States 

Environmental Protection Agency (EPA) 

is announcing the Stakeholder Briefing 

of the Mid-Atlantic/Northeast Visibility 

Union (MANE–VU). This meeting will 

deal with matters relative to Regional 

Haze and visibility improvement in 

Federal Class I areas within MANE–VU. 

DATES: The meeting will be held on June 

10, 2009 starting at 1 p.m. (EDT). 

Location: Holiday Inn BWI Airport, 

890 Elkridge Landing Road, Linthicum, 

MD 21090; (410) 859–8400. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding meeting specifics, 

documents and press inquiries contact: 

Kromeklia Bryant, Ozone Transport 

Commission, 444 North Capitol Street, 

NW., Suite 638, Washington, DC 20001; 

(202) 508–3840; e-mail: 

ozone@otcair.org; Web site: http:// 

www.manevu.org. 

SUPPLEMENTARY INFORMATION: The MidAtlantic/Northeast Visibility Union 

(MANE–VU) was formed in 2001, in 

response to EPA’s issuance of the 

Regional Haze rule. MANE–VU’s 

members include: Connecticut, 

Delaware, the District of Columbia, 

Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Vermont, 

the Penobscot Indian Nation, the St. 

Regis Mohawk Tribe along with EPA 

and Federal Land Managers. 

Type of Meeting: This meeting will be 

open to the public. 

Agenda: Copies of the final agenda are 

available from the OTC office (202) 508– 

3840; by e-mail: ozone@otcair.org or via 

the MANE–VU Web site at http:// 

www.manevu.org. 

Dated: May 21, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–12552 Filed 5–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8911–2] 

Meeting of the Ozone Transport 

Commission 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of meeting. 

SUMMARY: The United States 

Environmental Protection Agency is 

announcing the 2009 Annual Meeting of 

the Ozone Transport Commission 

(OTC). This OTC meeting will explore 

options available for reducing groundlevel ozone precursors in a multipollutant context. 

DATES: The meeting will be held on June 

10, 2009 starting at 9 a.m. (EDT) and 

ending at 5 p.m. 

Location: Holiday Inn BWI Airport, 

890 Elkridge Landing Road, Linthicum, 

MD 21090; (410) 859–8400. 

FOR FURTHER INFORMATION CONTACT: For 

documents and press inquiries contact: 

Ozone Transport Commission, 444 

North Capitol Street NW., Suite 638, 

Washington, DC 20001; (202) 508–3840; 

e-mail: ozone@otcair.org; Web site: 

http://www.otcair.org. 

SUPPLEMENTARY INFORMATION: The Clean 

Air Act Amendments of 1990 contain at 

Section 184 provisions for the ‘‘Control 

of Interstate Ozone Air Pollution.’’ 

Section 184(a) establishes an ‘‘Ozone 

Transport Region’’ (OTR) comprised of 

the States of Connecticut, Delaware, 

Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Vermont, 

parts of Virginia and the District of 

Columbia. The purpose of the Ozone 

Transport commission is to deal with 

ground-level ozone formation, transport, 

and control within the OTR. 

Type of Meeting: Open. 

Agenda: Copies of the final agenda 

will be available from the OTC office 

(202) 508–3840; by e-mail: 

ozone@otcair.org or via the OTC Web 

site at http://www.otcair.org). 

Dated: May 21, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–12551 Filed 5–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[AU Docket No. 09–21; DA 09–810] 

Auction of FM Broadcast Construction 

Permits Scheduled for September 1, 

2009; Notice and Filing Requirements, 

Minimum Opening Bids, Upfront 

Payments, and Other Procedures for 

Auction 79 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document announces the 

procedures and minimum opening bids 

for the upcoming auction of FM 

broadcast construction permits (Auction 

79). This document is intended to 

familiarize prospective bidders with the 

procedures and minimum opening bids 

for the auction. 

DATES: Applications to participate in 

Auction 79 must be filed prior to 6 p.m. 

Eastern Time (ET) on June 25, 2009. 

Bidding for permits in Auction 79 is 

scheduled to begin on September 1, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auctions and Spectrum Access Division: 

For legal questions: Howard Davenport 

or Lynne Milne at (202) 418–0660. For 

general auction questions: Debbie Smith 

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25738 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

or Linda Sanderson at (717) 338–2868. 

Media Bureau, Audio Division: For 

licensing information and service rule 

questions: Lisa Scanlan or Tom 

Nessinger at (202) 418–2700. To request 

materials in accessible formats (braille, 

large print, electronic files or audio 

format) for people with disabilities, 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530 or (202) 418– 

0432 (TTY). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 79 Procedures 

Public Notice, which was released on 

April 17, 2009. The complete text of the 

Auction 79 Procedures Public Notice, 

including attachments, as well as 

related Commission documents, are 

available for public inspection and 

copying from 8 a.m. to 4:30 p.m. ET 

Monday through Thursday and from 8 

a.m. to 11:30 a.m. ET on Fridays in the 

FCC Reference Information Center, 445 

12th Street, SW., Room CY–A257, 

Washington, DC 20554. The Auction 79 

Procedures Public Notice and related 

Commission documents may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202– 

488–5300, facsimile 202–488–5563, or 

Web site: http://www.BCPIWEB.com, 

using document number DA 09–810 for 

the Auction 79 Procedures Public 

Notice. The Auction 79 Procedures 

Public Notice and related documents are 

also available on the Internet at the 

Commission’s Web site: http:// 

wireless.fcc.gov/auctions/79/. 

I. General Information 

A. Introduction 

1. By this Public Notice, the Wireless 

Telecommunications Bureau and the 

Media Bureau (collectively, the 

Bureaus) announced the procedures and 

minimum opening bid amounts for the 

upcoming auction of certain FM 

broadcast construction permits. This 

auction, which is designated as Auction 

79, is scheduled to commence on 

September 1, 2009. On February 27, 

2009, the Bureaus released a public 

notice seeking comment on competitive 

bidding procedures to be used in 

Auction 79. Interested parties submitted 

three comments and four reply 

comments in response to the Auction 79 

Comment Public Notice, 74 FR 10578, 

March 11, 2009. 

i. Construction Permits To Be Offered in 

Auction 79 

2. Auction 79 will offer 122 

construction permits in the FM 

broadcast service as listed in 

Attachment A of the Auction 79 

Procedures Public Notice. The 

construction permits to be auctioned are 

for 122 new FM allotments, and include 

construction permits for three FM 

allotments that were defaulted on after 

a previous auction, and a construction 

permit for one FM allotment that was 

offered but not sold in Auctions 37 and 

62. These construction permits are for 

vacant FM allotments, reflecting FM 

channels assigned to the FM Table of 

Allotments (Table), pursuant to the 

Commission’s established rulemaking 

procedures, and are designated for use 

in the indicated communities. 

3. The Bureaus denied one 

commenter’s request that the Bureaus 

add to the Auction 79 inventory 

construction permits for two specified 

vacant allotments, added to the Table 

October 10, 2008, as well as a second 

commenter’s request to add all new FM 

allotments approved in a specified 

rulemaking proceeding. Further, the 

Bureaus explained that a request for a 

low power television station allotment 

or construction permit was beyond the 

scope of this proceeding, which is 

confined to developing competitive 

bidding procedures for an FM auction. 

4. Applicants may apply for any 

vacant FM allotment listed in 

Attachment A of the Auction 79 

Procedures Public Notice. When two or 

more short-form applications (FCC Form 

175) specifying the same FM allotment 

are accepted for filing, mutual 

exclusivity (MX) exists for auction 

purposes, and thus, that construction 

permit for the FM allotment will be 

awarded by competitive bidding 

procedures. Once mutual exclusivity 

exists for auction purposes, even if only 

one applicant for a particular 

construction permit submits an upfront 

payment, that applicant is required to 

submit a bid in order to obtain the 

construction permit. Any applicant that 

submits a short-form application that is 

accepted for filing, but fails to submit a 

timely upfront payment, will retain its 

status as an applicant in Auction 79 and 

will remain subject to the Commission’s 

anti-collusion rules, but, having 

purchased no bidding eligibility, will 

not be eligible to bid. 

B. Rules and Disclaimers 

i. Relevant Authority 

5. Prospective applicants must 

familiarize themselves thoroughly with 

the Commission’s general competitive 

bidding rules, including recent 

amendments and clarifications, as well 

as Commission decisions in proceedings 

regarding competitive bidding 

procedures, application requirements, 

and obligations of Commission 

licensees. Broadcasters should also 

familiarize themselves with the 

Commission’s rules relating to the FM 

broadcast service contained in 47 CFR 

73.201–73.333 and 73.1001–73.5009. 

Prospective bidders must also be 

familiar with the rules relating to 

broadcast auctions and competitive 

bidding proceedings contained in 47 

CFR 1.2001–1.2112 and 73.5000– 

73.5009. Prospective bidders must also 

be thoroughly familiar with the 

procedures, terms and conditions 

contained in the Auction 79 Procedures 

Public Notice and the Commission’s 

decisions in proceedings regarding 

competitive bidding procedures, 

application requirements, and 

obligations of Commission licensees. 

The Commission may amend or 

supplement the information contained 

in its public notices at any time. It is the 

responsibility of all applicants to remain 

current with all Commission rules and 

with all public notices pertaining to this 

auction. 

ii. Prohibition of Collusion and 

Compliance With Antitrust Laws 

6. Applicants for Auction 79 are 

reminded that they remain subject to the 

provisions of the Commission’s anticollusion rules, 47 CFR 1.2105(c) and 

73.5002(d), against any communication, 

directly or indirectly, about bids, 

bidding strategy, or the post-auction 

market structure, until the down 

payment deadline after the auction, 

which will be announced in a future 

public notice. This prohibition applies 

to all applicants regardless of whether 

such applicants become qualified 

bidders or actually bid. Applicants are 

also reminded that, for purposes of this 

prohibition on certain communications, 

47 CFR 1.2105(c)(7)(i) defines applicant 

as including all officers and directors of 

the entity submitting a short-form 

application to participate in the auction, 

all controlling interests of that entity, as 

well as all holders of partnership and 

other ownership interests and any stock 

interest amounting to 10 percent or 

more of the entity, or outstanding stock, 

or outstanding voting stock of the entity 

submitting a short-form application. The 

Auctions 79 Procedures Public Notice 

contains additional guidance 

concerning the application of the anticollusion rules. Potential applicants are 

strongly encouraged to review that 

guidance and seek additional 

information should they have any 

questions. 

7. If an applicant makes or receives a 

communication that appears to violate 

the anti-collusion rule, it must report 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25739 

such communication in writing to the 

Commission immediately, and in no 

case later than five business days after 

the communication occurs. The 

applicant’s obligation to report any such 

communication continues beyond the 

five-day period, even if the report is not 

made within the five-day period. Parties 

reporting communications pursuant to 

47 CFR 1.2105(a)(2) or 1.2105(c)(6) must 

take care to ensure that any reports of 

prohibited communications do not 

themselves give rise to a violation of the 

anti-collusion rule. Parties also are 

encouraged to coordinate with the 

Auctions and Spectrum Access Division 

staff if they have any questions about 

the procedures for submitting such 

reports. 

8. Applicants that are winning 

bidders will be required to disclose in 

their long-form applications the specific 

terms, conditions, and parties involved 

in any bidding consortia, joint venture, 

partnership, or agreement or other 

arrangement entered into relating to the 

competitive bidding process. 

9. Applicants must be aware that 

failure to comply with the 

Commission’s rules can result in 

enforcement action. A summary listing 

of documents issued by the Commission 

and the Bureaus addressing the 

application of the anti-collusion rule 

may be found in Attachment D of the 

Auction 79 Procedures Public Notice. 

Most of these documents are available 

on the Commission’s auction anticollusion Web page. 

10. Applicants are also reminded that, 

regardless of compliance with the 

Commission’s rules, they remain subject 

to the antitrust laws. Compliance with 

the disclosure requirements of the 

Commission’s anti-collusion rule will 

not insulate a party from enforcement of 

the antitrust laws. 

iii. Due Diligence 

11. Potential applicants are reminded 

that they are solely responsible for 

investigating and evaluating all 

technical and marketplace factors that 

may have a bearing on the value of the 

broadcast facilities in this auction. 

Applicants should perform their 

individual due diligence before 

proceeding as they would with any new 

business venture. The Commission 

makes no representations or warranties 

about the use of this spectrum for 

particular purposes. 

12. Applicants are strongly 

encouraged to conduct their own 

research prior to the beginning of 

bidding in Auction 79 in order to 

determine the existence of any pending 

administrative or judicial proceedings 

that might affect their decision to 

participate in the auction. Participants 

in Auction 79 are strongly encouraged 

to continue such research throughout 

the auction. 

13. Applicants should also be aware 

that certain pending and future 

proceedings, including applications, 

applications for modification, petitions 

for rulemaking, requests for special 

temporary authority, waiver requests, 

petitions to deny, petitions for 

reconsideration, informal objections, 

and applications for review, before the 

Commission may relate to particular 

applicants or incumbent permittees, or 

incumbent licensees, or the construction 

permits available in Auction 79. In 

addition, pending and future judicial 

proceedings may relate to particular 

applicants or incumbent permittees, or 

incumbent licensees, or the construction 

permits available in Auction 79. 

Prospective applicants are responsible 

for assessing the likelihood of the 

various possible outcomes, and 

considering their potential impact on 

construction permits available in this 

auction. Additionally, potential bidders 

should perform technical analyses 

sufficient to assure themselves that, 

should they prevail in competitive 

bidding for a specific FM construction 

permit, they will be able to build and 

operate facilities that will fully comply 

with the Commission’s technical and 

legal requirements. Applicants are 

solely responsible for identifying 

associated risks and for investigating 

and evaluating the degree, to which 

such matters may affect their ability to 

bid on, otherwise acquire, or make use 

of the construction permits available in 

Auction 79. Potential applicants are 

strongly encouraged to physically 

inspect any prospective sites located in, 

or near, the service area for which they 

plan to bid, and also to familiarize 

themselves with the environmental 

review obligations of Commission 

permittees and licensees. 

iv. Use of Integrated Spectrum Auction 

System 

14. The Commission will make 

available a browser-based bidding 

system to allow bidders to participate in 

Auction 79 over the Internet using the 

Commission’s Integrated Spectrum 

Auction System (ISAS or FCC Auction 

System). The Commission makes no 

warranty whatsoever with respect to the 

FCC Auction System. In no event shall 

the Commission, or any of its officers, 

employees or agents, be liable for any 

damages whatsoever (including, but not 

limited to, loss of business profits, 

business interruption, loss of business 

information, or any other loss) arising 

out of or relating to the existence, 

furnishing, functioning or use of the 

FCC Auction System that is accessible 

to qualified bidders in connection with 

this auction. Moreover, no obligation or 

liability will arise out of the 

Commission’s technical, programming 

or other advice or service provided in 

connection with the FCC Auction 

System. 

v. Environmental Review Requirements 

15. Permittees or licensees must 

comply with the Commission’s rules 

regarding implementation of the 

National Environmental Policy Act and 

other Federal environmental statutes. 

C. Auction Specifics 

i. Auction Start Date 

16. Bidding in Auction 79 will begin 

on Tuesday, September 1, 2009. 

Although two commenters suggested 

that bidding be postponed, the Bureaus 

decided that bidding would begin on 

the date initially proposed. The initial 

schedule for bidding will be announced 

by public notice at least one week before 

the start of the auction. Moreover, 

unless otherwise announced, bidding on 

all construction permits will be 

conducted on each business day until 

bidding has stopped on all construction 

permits. 

ii. Bidding Methodology 

17. The bidding methodology for 

Auction 79 will be simultaneous 

multiple round bidding. The 

Commission will conduct this auction 

over the Internet using the FCC Auction 

System, and telephonic bidding will be 

available as well. Qualified bidders are 

permitted to bid electronically via the 

Internet or by telephone. All telephone 

calls are recorded. 

iii. Pre-Auction Dates and Deadlines 

18. The following dates and deadlines 

apply: 

Auction Seminar ............................................................................................................................................ June 16, 2009. 

Short-Form Application (FCC Form 175), Filing Window Opens ............................................................. June 16, 2009; 12 noon ET. 

Short-Form Application (FCC Form 175), Filing Window Deadline ......................................................... June 25, 2009; prior to 6 p.m. ET. 

Upfront Payments (via wire transfer) ........................................................................................................... July 31, 2009; 6 p.m. ET. 

Mock Auction ................................................................................................................................................ August 28, 2009. 

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25740 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

Auction Begins .............................................................................................................................................. September 1, 2009. 

iv. Requirements for Participation 

19. Those wishing to participate in 

this auction must: (1) Submit a shortform application (FCC Form 175) 

electronically prior to 6 p.m. ET, June 

25, 2009, following the electronic filing 

procedures set forth in Attachment B of 

the Auction 79 Procedures Public 

Notice; (2) submit a sufficient upfront 

payment and an FCC Remittance Advice 

Form (FCC Form 159) by 6 p.m. ET, July 

31, 2009, following the procedures and 

instructions set forth in Attachment C of 

the Auction 79 Procedures Public 

Notice; and (3) comply with all 

provisions outlined in the Auction 79 

Procedures Public Notice and applicable 

Commission rules. 

II. Short-Form Application (FCC Form 

175) Requirements 

A. Short-Form Applications 

20. Entities and individuals seeking 

construction permits available in 

Auction 79 must file a short-form 

application electronically via the FCC 

Auction System prior to 6 p.m. ET on 

June 25, 2009, following the procedures 

prescribed in Attachment B of the 

Auction 79 Procedures Public Notice. 

Mailings for Auction 79 will be sent by 

the Bureaus only to the contact’s 

address listed in the applicant’s shortform application. 

21. Any application for a 

noncommercial educational station that 

is mutually exclusive with any 

application for a commercial station 

will be returned as unacceptable for 

filing. Applications specifying the same 

FM station construction permit are 

considered mutually exclusive. A shortform application that does not identify 

its proposed station(s) as a 

noncommercial educational station(s) 

will be considered to be an application 

for a commercial broadcast station(s). 

22. Applicants bear full responsibility 

for submitting accurate, complete and 

timely short-form applications. Each 

applicant should read carefully the 

instructions provided in the Auction 79 

Procedures Public Notice, including its 

Attachment B, and should consult the 

Commission’s rules to ensure that all of 

the information that is required by the 

Commission’s rules and relevant public 

notices is included with its short-form 

application. If an applicant claims 

eligibility for a bidding credit, the 

information provided in its FCC Form 

175 will be used in determining 

whether the applicant is eligible for the 

claimed bidding credit. Applicants 

filing a short-form application are 

subject to the Commission’s anticollusion rules beginning at the 

deadline for filing. 

23. Applicants also should note that 

submission of a short-form application, 

and any amendments, constitutes a 

representation by the certifying official 

that the certifier is an authorized 

representative of the applicant, that the 

certifier has read the form’s instructions 

and certifications, and that the contents 

of the application, its certifications, and 

any attachments are true and correct. 

B. Permit Selection 

24. An applicant must select on its 

short-form application the construction 

permits on which it wants to bid from 

the Eligible Permits list. Applicants will 

not be able to change their construction 

permit selections after the short-form 

application filing deadline. 

C. New Entrant Bidding Credit 

25. Applicants may be able to qualify 

for either a 35 or 25 percent new entrant 

bidding credit, the amount by which a 

bidder’s winning bid is discounted, 

depending on the number of other 

media of mass communications that are 

attributable to the applicant and its 

attributable interest holders. Media of 

mass communications are defined in 47 

CFR 73.5008, and include both 

commercial and noncommercial 

educational full-power broadcast 

stations. 

26. Attributable interests are defined 

in 47 CFR 73.3555 and its Note 2. The 

media interests held by very substantial 

investors in, or creditors of, an applicant 

claiming new entrant status are 

attributed. Specifically, the attributable 

mass media interests held by an 

individual or entity with an equity and/ 

or debt interest in an applicant shall be 

attributed to that bidder for purposes of 

determining its eligibility for the new 

entrant bidding credit, if the equity and 

debt interests, in the aggregate, exceed 

33 percent of the total asset value of the 

applicant, even if such an interest is 

non-voting. In 2008, the Commission 

relaxed the equity/debt plus attribution 

standard, to allow for higher investment 

opportunities in entities meeting the 

definition of eligible entities. An eligible 

entity is defined in Note 2(i) of 47 CFR 

73.3555. The Commission will allow the 

holder of an equity or debt interest in 

the applicant to exceed the 33 percent 

threshold without triggering attribution 

provided the combined equity and debt 

in the eligible entity is less than 50 

percent, or the total debt in the eligible 

entity does not exceed 80 percent of the 

asset value, and the interest holder does 

not hold any equity interest, option, or 

promise to acquire an equity interest in 

the eligible entity or any related entity. 

27. The applicant’s attributable 

interests, and therefore, its maximum 

new entrant bidding credit eligibility, 

will be determined as of the short-form 

application filing deadline. Applicants 

intending to divest a media interest or 

make any other ownership changes, 

such as resignation of positional 

interests, in order to avoid attribution 

for purposes of qualifying for the new 

entrant bidding credit must have 

consummated such divestment 

transactions or have completed such 

ownership changes by no later than the 

short-form application filing deadline. 

Thus, an applicant could not qualify for 

a bidding credit, nor upgrade a 

previously claimed bidding credit, 

based upon ownership or positional 

changes occurring after the short-form 

filing deadline. Prospective bidders are 

reminded, however, that events 

occurring after the short-form 

application filing deadline, such as the 

acquisition of attributable interests in 

media of mass communications, may 

cause diminishment or loss of the 

bidding credit, and must be reported 

immediately. 

28. The unjust enrichment provisions 

of 47 CFR 73.5007(c) apply to a winning 

bidder who utilizes a bidding credit, 

and subsequently seeks to assign or 

transfer its construction permit or 

license to an entity not qualifying for 

the same level of bidding credit. 

29. The Bureaus were unable to adopt 

the suggestions of three commenters to 

revise the criteria for and the amount of 

the new entrant bidding credit. 

Commenters sought to re-define new 

entrant, to limit the number of facilities 

to which the new entrant bidding credit 

may be applied, and to impose a 

holding period for facilities obtained 

using the new entrant bidding credit. 

These changes would require 

amendment of the Commission’s 

competitive bidding and broadcast 

service rules, which can only be 

accomplished through a rulemaking 

proceeding. 

30. For the same reasons, the Bureaus 

were not able to consider one 

commenter’s proposal to adopt a new 

discount on the filing fees when an 

application is submitted for a new 

allocation by anyone who has not 

owned a Commission licensed station 

within five years prior to the date of 

filing or previously filed for a new 

allocation. This particular proposal is 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25741 

beyond the scope of the Bureaus 

developing competitive bidding 

procedures for Auction 79. 

D. Disclosure of Bidding Arrangements 

31. An applicant must identify in its 

short-form application each party with 

whom it has entered into any 

agreement, arrangement, or 

understanding of any kind relating to 

the construction permits being 

auctioned, including any agreement 

relating to a post-auction market 

structure. Applicants also will be 

required to certify under penalty of 

perjury in their short-form applications 

that they have not entered and will not 

enter into any explicit or implicit 

agreements, arrangements or 

understandings of any kind with any 

parties, other than those identified in 

the application, regarding the amount of 

their bids, bidding strategies, or the 

particular construction permits on 

which they will or will not bid. If an 

applicant has had discussions, but has 

not reached an agreement by the shortform application filing deadline, it 

should not include the names of parties 

to the discussions on its application and 

may not continue such discussions with 

any applicants after the deadline. The 

Auction 79 Procedures Public Notice 

contains further guidance on these 

disclosure requirements. 

E. Provisions Regarding Former and 

Current Defaulters 

32. Current defaulters are not eligible 

to participate in Auction 79, but former 

defaulters can participate so long as 

they are otherwise qualified and make 

upfront payments that are fifty percent 

more than the normal upfront payment 

amounts. For purposes of this rule, a 

defaulter (current or former) includes 

the applicant itself, its affiliates, its 

controlling interests, and affiliates of its 

controlling interests, as defined by 47 

CFR 1.2110. A default includes any 

default on any payment for any 

Commission construction permit or 

license, as well as any delinquency on 

any non-tax debt owed to any Federal 

agency, as of the filing deadline for 

short-form applications. An applicant, 

its affiliate, its controlling interest, or an 

affiliate of its controlling interest is 

considered a ‘‘former defaulter’’ only if 

it has remedied all such defaults and 

cured all of the outstanding non-tax 

delinquencies before the filing deadline 

for short-form applications. 

F. Minor Modifications to Short-Form 

Applications 

33. After the deadline for filing shortform applications (FCC Form 175) at 6 

p.m. ET on June 25, 2009, applicants are 

permitted to make only minor changes 

to their applications. Applicants are not 

permitted to make major modifications 

to their short-form applications. Such 

impermissible changes include, but are 

not limited to, a change of certifying 

official, a change of a construction 

permit selection, a change of control of 

the applicant, a claim of eligibility for 

a higher percentage of bidding credit, or 

a change of identification of the 

application’s proposed facilities from 

noncommercial educational to 

commercial. 

G. Maintaining Current Information in 

Short-Form Applications 

34. 47 CFR 1.65 requires an applicant 

to maintain the accuracy and 

completeness of information furnished 

in its pending application and to notify 

the Commission within 30 days of any 

substantial change that may be of 

decisional significance to that 

application. Changes that cause a loss of 

or reduction in a bidding credit 

percentage must be reported 

immediately. 

III. Pre-Auction Procedures 

A. Auction Seminar—June 16, 2009 

35. On Tuesday, June 16, 2009, the 

Commission will conduct a seminar for 

parties interested in participating in 

Auction 79 at FCC headquarters, located 

at 445 12th Street, SW., Washington, 

DC. The seminar will provide attendees 

with information about pre-auction 

procedures, completing FCC Form 175, 

auction conduct, the FCC Auction 

System, auction rules, and FM broadcast 

service rules. The seminar will also 

provide an opportunity for prospective 

bidders to ask questions of FCC staff 

concerning the auction, auction 

procedures, filing requirements, and 

other matters related to this auction. For 

individuals who are unable to attend, a 

webcast of this seminar will be available 

from the Commission’s Auction 79 Web 

page at http://wireless.fcc.gov/auctions/ 

79/. 

B. Short-Form Applications—Due Prior 

to 6 p.m. ET on June 25, 2009 

36. In order to be eligible to bid in this 

auction, applicants must first follow the 

procedures set forth in Attachment B of 

the Auction 79 Procedures Public Notice 

to submit a short-form application (FCC 

Form 175) electronically via the FCC 

Auction System. This application must 

be received at the Commission prior to 

6 p.m. ET on June 25, 2009. Late 

applications will not be accepted. 

C. Application Processing and Minor 

Corrections 

37. After the deadline for filing FCC 

Form 175 applications, the Commission 

subsequently will issue a public notice 

identifying: (1) Those applications that 

are complete; (2) those applications that 

are rejected; and (3) those applications 

that are incomplete because of minor 

defects that may be corrected and the 

deadline for resubmitting corrected 

applications. 

D. Upfront Payments—Due July 31, 2009 

38. In order to be eligible to bid in this 

auction, applicants must submit an 

upfront payment accompanied by an 

FCC Remittance Advice Form (FCC 

Form 159). After completing its shortform application, an applicant will have 

access to an electronic version of the 

FCC Form 159 that can be printed and 

sent by fax to U.S. Bank in St. Louis, 

Missouri. All upfront payments must be 

made as instructed in this Public Notice 

and must be received in the proper 

account at U.S. Bank before 6 p.m. ET 

on July 31, 2009. 

i. Making Upfront Payments by Wire 

Transfer 

39. Wire transfer payments must be 

received before 6 p.m. ET on July 31, 

2009, consistent with instruction set 

forth in the Auction 79 Procedures 

Public Notice. The applicant is 

responsible for obtaining confirmation 

from its financial institution that U.S. 

Bank has timely received its upfront 

payment and deposited it into the 

proper FCC account. The Commission 

will not accept checks, credit cards, or 

automated clearing house (ACH) 

payments. 

ii. FCC Form 159 

40. A completed FCC Remittance 

Advice Form (FCC Form 159, Revised 

2/03) must be faxed to U.S. Bank to 

accompany each upfront payment. 

Proper completion of FCC Form 159 is 

critical to ensuring correct crediting of 

upfront payments. Detailed instructions 

for completion of FCC Form 159 are 

included in Attachment C to the 

Auction 79 Procedures Public Notice. 

An electronic pre-filled version of the 

FCC Form 159 is available after 

submitting the FCC Form 175. Payors 

using the pre-filled FCC Form 159 are 

responsible for ensuring that all of the 

information on the form, including 

payment amounts, is accurate. The FCC 

Form 159 can be completed 

electronically, but must be filed with 

U.S. Bank by fax. 

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25742 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

iii. Upfront Payments and Bidding 

Eligibility 

41. Applicants must make upfront 

payments to obtain bidding eligibility. 

The amount of the upfront payment 

determines a bidder’s initial bidding 

eligibility, the maximum number of 

bidding units on which a bidder may 

place bids. The Bureaus declined to 

adopt for Auction 79 a commenter’s 

suggestion to impose additional upfront 

payment requirements on applicants 

selecting more than ten percent of the 

FM construction permits in Auction 79. 

42. In order to bid on a particular 

construction permit, a qualified bidder 

must have selected the construction 

permit on its FCC Form 175 and must 

have a current eligibility level that 

meets or exceeds the number of bidding 

units assigned to that construction 

permit. At a minimum, therefore, an 

applicant’s total upfront payment must 

be enough to establish eligibility to bid 

on at least one of the construction 

permits selected on its FCC Form 175, 

or else the applicant will not be eligible 

to participate in the auction. An 

applicant does not have to make an 

upfront payment to cover all 

construction permits the applicant 

selected on its FCC Form 175, but only 

enough to cover the maximum number 

of bidding units that are associated with 

construction permits on which the 

bidder wishes to place bids and hold 

provisionally winning bids at any given 

time. Provisionally winning bids are 

bids that would become final winning 

bids if the auction were to close after the 

given round. 

43. In calculating its upfront payment 

amount, an applicant should determine 

the maximum number of bidding units 

on which it may wish to be active (bid 

on or hold provisionally winning bids 

on) in any single round, and submit an 

upfront payment amount covering that 

number of bidding units. In order to 

make this calculation, an applicant 

should add together the upfront 

payments for all construction permits 

on which it seeks to be active in any 

given round. Applicants should check 

their calculations carefully, as there is 

no provision for increasing a bidder’s 

eligibility after the upfront payment 

deadline. 

44. Applicants that are former 

defaulters must pay upfront payments 

50 percent greater than non-former 

defaulters. For purposes of this 

calculation, the applicant includes the 

applicant itself, its affiliates, its 

controlling interests, and affiliates of its 

controlling interests, as defined by 47 

CFR 1.2110. If an applicant is a former 

defaulter, it must calculate its upfront 

payment for all of its selected 

construction permits by multiplying the 

number of bidding units on which it 

wishes to be active by 1.5. In order to 

calculate the number of bidding units to 

assign to former defaulters, the 

Commission will divide the upfront 

payment received by 1.5 and round the 

result up to the nearest bidding unit. If 

a former defaulter fails to submit a 

sufficient upfront payment to establish 

eligibility to bid on at least one of the 

construction permits selected on its 

short-form application, the applicant 

will not be eligible to participate in the 

auction. 

E. Remote Electronic Bidding 

45. The Commission will conduct this 

auction over the Internet, and 

telephonic bidding will be available as 

well. Only qualified bidders are 

permitted to bid. Each applicant should 

indicate its bidding preference— 

electronic or telephonic—on its FCC 

Form 175. 

F. Mock Auction—August 28, 2009 

46. All qualified bidders will be 

eligible to participate in a mock auction 

on Friday, August 28, 2009. The mock 

auction will enable applicants to 

become familiar with the FCC Auction 

System prior to the auction. 

Participation by all bidders is strongly 

recommended. Details will be 

announced by public notice. 

IV. Auction Event 

47. The first round of bidding for 

Auction 79 will begin on Tuesday, 

September 1, 2009. The initial bidding 

schedule will be announced in a public 

notice listing the qualified bidders, 

which is to be released approximately 

10 days before the start of the auction. 

A. Auction Structure 

i. Simultaneous Multiple Round 

Auction 

48. The Bureaus will auction all 

construction permits in Auction 79 in a 

single auction using the Commission’s 

standard simultaneous multiple-round 

auction format. This type of auction 

offers every construction permit for bid 

at the same time and consists of 

successive bidding rounds in which 

eligible bidders may place bids on 

individual construction permits. A 

bidder may bid on, and potentially win, 

any number of construction permits. 

Typically, bidding remains open on all 

construction permits until bidding stops 

on every construction permit. 

ii. Eligibility and Activity Rules 

49. The Bureaus will use upfront 

payments to determine initial 

(maximum) eligibility (as measured in 

bidding units) for Auction 79. The 

amount of the upfront payment 

submitted by a bidder determines initial 

bidding eligibility, the maximum 

number of bidding units on which a 

bidder may be active. Each construction 

permit is assigned a specific number of 

bidding units as listed in Attachment A 

of the Auction 79 Procedures Public 

Notice. Bidding units for a given 

construction permit do not change as 

prices rise during the auction. A 

bidder’s upfront payment is not 

attributed to specific construction 

permits. Rather, a bidder may place bids 

on any of the construction permits 

selected on its short-form application as 

long as the total number of bidding 

units associated with those construction 

permits does not exceed its current 

eligibility. Eligibility cannot be 

increased during the auction; it can only 

remain the same or decrease. Thus, in 

calculating its upfront payment amount, 

an applicant must determine the 

maximum number of bidding units it 

may wish to bid on or hold 

provisionally winning bids on in any 

single round, and submit an upfront 

payment amount covering that total 

number of bidding units. At a 

minimum, an applicant’s upfront 

payment must cover the bidding units 

for at least one of the construction 

permits it selected on its short-form 

application. The total upfront payment 

does not affect the total dollar amount 

a bidder may bid on any given 

construction permit. 

50. In order to ensure that an auction 

closes within a reasonable period of 

time, an activity rule requires bidders to 

bid actively throughout the auction, 

rather than wait until late in the auction 

before participating. Bidders are 

required to be active on a specific 

minimum percentage of their current 

bidding eligibility during each round of 

the auction. 

51. A bidder’s activity level in a 

round is the sum of the bidding units 

associated with any construction 

permits covered by new and 

provisionally winning bids. A bidder is 

considered active on a construction 

permit in the current round if it is either 

the provisionally winning bidder at the 

end of the previous bidding round or if 

it submits a bid in the current round. 

52. Failure to maintain the requisite 

activity level will result in the use of an 

activity rule waiver, if any remain, or a 

reduction in the bidder’s eligibility, 

possibly curtailing or eliminating the 

bidder’s ability to place additional bids 

in the auction. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25743 

iii. Auction Stages 

53. A bidder desiring to maintain its 

current bidding eligibility will be 

required to be active on construction 

permits representing at least 75 percent 

of its current bidding eligibility, during 

each round of Stage One, and at least 95 

percent of its current bidding eligibility 

in Stage Two. The Bureaus have the 

discretion to further alter the activity 

requirements before and/or during the 

auction as circumstances warrant, and 

also have other mechanisms by which 

they may influence the speed of an 

auction. 

iv. Activity Rule Waivers 

54. Each bidder in the auction will be 

provided with three activity rule 

waivers. An activity rule waiver applies 

to an entire round of bidding and not to 

a particular construction permit. 

v. Auction Stopping Rules 

55. To reduce the need for a 

provisionally winning bidder to monitor 

subsequent bidding rounds for higher 

bids, two commenters proposed 

alternative stopping procedures for this 

auction, which differ from the stopping 

procedures proposed by the Bureaus by 

halting bidding on a particular 

construction permit before bidding 

closes simultaneously on all 

construction permits. Because these 

alternative stopping procedures would 

reduce the flexibility of bidders to 

implement backup strategies in 

response to price information revealed 

as bidding continues in multiple 

bidding rounds, the Bureaus will 

employ a simultaneous stopping rule 

approach for Auction 79. A 

simultaneous stopping rule means that 

all construction permits remain 

available for bidding until bidding 

closes simultaneously on all 

construction permits. More specifically, 

bidding will close simultaneously on all 

construction permits after the first 

round in which no bidder submits any 

new bids or applies a proactive waiver. 

56. Auction 79 will begin under the 

simultaneous stopping rule approach, 

and the Bureaus retained the discretion 

to employ later a modified stopping 

rule, a special stopping rule, or to keep 

the auction open even if no bidder 

places any new bids or applies a waiver 

in a round. Moreover, the Bureaus may 

use the modified stopping rule with or 

without prior announcement during the 

auction. 

vi. Auction Delay, Suspension, or 

Cancellation 

57. The Bureaus may delay, suspend, 

or cancel the auction in the event of 

natural disaster, technical obstacle, 

administrative or weather necessity, 

evidence of an auction security breach 

or unlawful bidding activity, or for any 

other reason that affects the fair and 

efficient conduct of competitive 

bidding. 

B. Bidding Procedures 

i. Round Structure 

58. The initial schedule of bidding 

rounds will be announced in the public 

notice listing the qualified bidders. Each 

bidding round is followed by the release 

of round results. Multiple bidding 

rounds may be conducted in a given 

day. 

ii. Minimum Opening Bids 

59. The specific minimum opening 

bid amounts for the construction 

permits available in Auction 79 are set 

forth in Attachment A of the Auction 79 

Procedures Public Notice. 

iii. Bid Amounts 

60. In each round, eligible bidders 

will be able to place a bid on a given 

construction permit in any of up to nine 

different amounts. The FCC Auction 

System interface will list the nine 

acceptable bid amounts for each 

construction permit. 

iv. Provisionally Winning Bids 

61. At the end of each bidding round, 

a provisionally winning bid will be 

determined based on the highest bid 

amount received for each construction 

permit. A provisionally winning bid 

will remain the provisionally winning 

bid until there is a higher bid on the 

same construction permit at the close of 

a subsequent round. Provisionally 

winning bids at the end of the auction 

become the winning bids. Bidders are 

reminded that provisionally winning 

bids count toward activity for purposes 

of the activity rule. 

62. The Bureaus will use a random 

number generator to select a single 

provisionally winning bid in the event 

of identical high bid amounts being 

submitted on a construction permit in a 

given round. 

v. Bidding 

63. All bidding will take place 

remotely either through the FCC 

Auction System or by telephonic 

bidding. There will be no on-site 

bidding during Auction 79. Telephonic 

bid assistants are required to use a script 

when entering bids placed by telephone. 

Telephonic bidders are therefore 

reminded to allow sufficient time to bid 

by placing their calls well in advance of 

the close of a round. The length of a call 

to place a telephonic bid may vary; 

please allow a minimum of ten minutes. 

64. A bidder’s ability to bid on 

specific construction permits is 

determined by two factors: (1) The 

construction permits selected on the 

bidder’s FCC Form 175 and (2) the 

bidder’s eligibility. The bid submission 

screens will allow bidders to submit 

bids on only those construction permits 

the bidder selected on its FCC Form 

175. 

65. If a bidder has sufficient eligibility 

to place a bid on the particular 

construction permit, an eligible bidder 

will be able to place bids in each round 

on that construction permit in any of 

nine different bid amounts. For each 

construction permit, the FCC Auction 

System will list the nine acceptable bid 

amounts in a drop-down box. Bidders 

use the drop-down box to select from 

among the acceptable bid amounts. The 

FCC Auction System also includes an 

upload function that allows bidders to 

upload text files containing bid 

information. 

66. Until a bid has been placed on a 

construction permit, the minimum 

acceptable bid amount for that 

construction permit will be equal to its 

minimum opening bid amount. Once 

there are bids on a construction permit, 

minimum acceptable bids for a 

construction permit for the following 

round will be determined. 

67. During a round, an eligible bidder 

may submit bids for as many 

construction permits as it wishes, 

(providing that it is eligible to bid), 

remove bids placed in the current 

bidding round, or permanently reduce 

eligibility. If a bidder submits multiple 

bids for the same construction permit in 

the same round—multiple bids on the 

exact same construction permit, the 

system takes the last bid entered as that 

bidder’s bid for the round. Bidders 

should note that the bidding units 

associated with construction permits for 

which the bidder has removed bids do 

not count towards the bidder’s current 

activity. 

vi. Bid Removal and Bid Withdrawal 

68. Before the close of a bidding 

round, a bidder has the option of 

removing any bids placed in that round. 

By using the remove bids function in 

the FCC Auction System, a bidder may 

effectively unsubmit any bid placed 

within that round. A bidder removing a 

bid placed in the same round is not 

subject to withdrawal payments. 

Removing a bid will affect a bidder’s 

activity for the round in which it is 

removed, i.e., a bid that is removed does 

not count toward bidding activity. Once 

a round closes, a bidder may no longer 

remove a bid. 

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25744 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

69. Bidders in Auction 79 are 

prohibited from withdrawing any bid 

after the close of a round in which the 

bid was placed. Bidders are cautioned to 

select bid amounts carefully because no 

bid withdrawals will be allowed in 

Auction 79, even if a bid was 

mistakenly or erroneously made. 

vii. Round Results 

70. Reports reflecting bidders’ 

identities for Auction 79 will be 

available before and during the auction. 

Thus, bidders will know in advance of 

this auction the identities of the bidders 

against which they are bidding. 

71. Bids placed during a round will 

not be made public until the conclusion 

of that round. After a round closes, the 

Bureaus will compile reports of all bids 

placed, current provisionally winning 

bids, new minimum acceptable bid 

amounts for the following round, 

whether the construction permit is FCC 

held, and bidder eligibility status 

(bidding eligibility and activity rule 

waivers), and post the reports for public 

access. 

viii. Auction Announcements 

72. The Commission will use auction 

announcements to announce items such 

as schedule changes and stage 

transitions. All auction announcements 

will be available by clicking a link in 

the FCC Auction System. 

V. Post-Auction Procedures 

73. Shortly after bidding has ended, 

the Commission will issue a public 

notice declaring the auction closed, 

identifying the winning bidders, and 

establishing the deadlines for 

submitting down payments, final 

payments, and the long-form 

applications (FCC Form 301). 

A. Down Payments 

74. Within ten business days after 

release of the auction closing notice, 

each winning bidder must submit 

sufficient funds (in addition to its 

upfront payment) to bring its total 

amount of money on deposit with the 

Commission for Auction 79 to 20 

percent of the net amount of its winning 

bids (gross bids less any applicable new 

entrant bidding credits). 

B. Final Payments 

75. Each winning bidder will be 

required to submit the balance of the net 

amount of its winning bids within ten 

business days after the applicable 

deadline for submitting down payments. 

C. Long-Form Application (FCC Form 

301) 

76. Within thirty days after release of 

the auction closing notice, winning 

bidders must electronically submit a 

properly completed long-form 

application (FCC Form 301, Application 

for FM Construction Permit) and 

required exhibits, for each construction 

permit they won through Auction 79. 

Winning bidders claiming new entrant 

status must include an exhibit 

demonstrating their eligibility for the 

bidding credit. Further instructions on 

these and other filing requirements will 

be provided to winning bidders in the 

auction closing public notice. 

D. Default and Disqualification 

77. Any winning bidder that defaults 

or is disqualified after the close of the 

auction (i.e., fails to remit the required 

down payment within the prescribed 

period of time, fails to submit a timely 

long-form application, fails to make full 

payment, or is otherwise disqualified) 

will be subject to the payments 

described in 47 CFR 1.2104(g)(2). The 

payments include both a deficiency 

payment, equal to the difference 

between the amount of the bidder’s bid 

and the amount of the winning bid the 

next time a construction permit 

covering the same spectrum is won in 

an auction, plus an additional payment 

equal to a percentage of the defaulter’s 

bid or of the subsequent winning bid, 

whichever is less. The Bureaus have set 

the additional default payment for this 

auction at twenty percent of the 

applicable bid. 

78. Finally, in the event of a default, 

the Commission may re-auction the 

construction permit or offer it to the 

next highest bidder (in descending 

order) at its final bid amount. In 

addition, if a default or disqualification 

involves gross misconduct, 

misrepresentation, or bad faith by an 

applicant, the Commission may declare 

the applicant and its principals 

ineligible to bid in future auctions, and 

may take any other action that it deems 

necessary, including institution of 

proceedings to revoke any existing 

authorizations held by the applicant. 

E. Refund of Remaining Upfront 

Payment Balance 

79. Applicants that are not winning 

bidders or are winning bidders whose 

upfront payment exceeded the total net 

amount of their winning bids may be 

entitled to a refund of some or all of 

their upfront payment. All refunds will 

be returned to the payor of record, as 

identified on the FCC Form 159, unless 

the payor submits written authorization 

instructing otherwise. Bidders that drop 

out of the auction completely (have 

exhausted all of their activity rule 

waivers and have no remaining bidding 

eligibility) may request a refund of their 

upfront payments before the close of the 

auction. 

Federal Communications Commission. 

Gary D. Michaels, 

Deputy Chief, Auctions and Spectrum Access 

Division, WTB. 

[FR Doc. E9–12523 Filed 5–28–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

[No. 2009–N–06] 

Proposed Collection; Comment 

Request 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: 60-day Notice of Submission of 

Information Collection for Approval 

from the Office of Management and 

Budget. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995, the Federal 

Housing Finance Agency (FHFA) is 

seeking public comments concerning a 

currently approved information 

collection known as ‘‘Community 

Support Requirements,’’ which has been 

assigned control number 2590–0005 by 

the Office of Management and Budget 

(OMB). The FHFA intends to submit the 

information collection to OMB for 

review and approval of a three-year 

extension of the control number, which 

is due to expire on September 30, 2009. 

DATES: Interested persons may submit 

comments on or before July 28, 2009. 

Comments: Submit comments to the 

FHFA using any one of the following 

methods: E-mail: 

regcomments@fhfa.gov. Please include 

Proposed Collection; Comment Request: 

Community Support Requirements (No. 

2009–N–06) in the subject line of the 

message. 

Mail/Hand Delivery: Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street NW., Washington, DC 20552, 

Attention: Public Comments/Proposed 

Collection; Comment Request: 

‘‘Community Support Requirements,’’ 

(No. 2009–N–06). Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions for submitting 

comments. 

We will post all public comments we 

receive without change, including any 

personal information you provide, such 

mstockstill on PROD1PC66 with NOTICES