Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26801 

§ 681.37 What are the procedures for 

appealing the ALJ decision? 

(a) Any defendant who submits a 

timely answer and is found liable for a 

civil penalty or assessment in an initial 

decision may appeal the decision. 

(b) The defendant may file a notice of 

appeal with the authority head within 

30 days following issuance of the initial 

decision, serving a copy of the notice of 

appeal on all parties and the ALJ. The 

authority head may extend this deadline 

for up to an additional 30 days if an 

extension request is filed within the 

initial 30-day period and shows good 

cause. 

(c) The defendant’s appeal will not be 

considered until all timely motions for 

reconsideration have been resolved. 

(d) If a timely motion for 

reconsideration is denied, a notice of 

appeal may be filed within 30 days 

following such denial or issuance of a 

revised initial decision, whichever 

applies. 

(e) A notice of appeal must be 

supported by a written brief specifying 

why the initial decision should be 

reversed or modified. 

(f) The NSF representative may file a 

brief in opposition to the notice of 

appeal within 30 days of receiving the 

defendant’s appeal and supporting brief. 

(g) If a defendant timely files a notice 

of appeal, and the time for filing 

reconsideration motions has expired, 

the ALJ will forward the record of the 

proceeding to the authority head. 

§ 681.38 What happens if an initial 

decision is appealed? 

(a) An initial decision is stayed 

automatically pending disposition of a 

motion for reconsideration or of an 

appeal to the authority head. 

(b) No administrative stay is available 

following a final decision of the 

authority head. 

§ 681.39 Are there any limitations on the 

right to appeal to the authority head? 

(a) A defendant has no right to appear 

personally, or through a representative, 

before the authority head. 

(b) There is no right to appeal any 

interlocutory ruling. 

(c) The authority head will not 

consider any objection or evidence that 

was not raised before the ALJ unless the 

defendant demonstrates that the failure 

to object was caused by extraordinary 

circumstances. If the defendant 

demonstrates to the satisfaction of the 

authority head that extraordinary 

circumstances prevented the 

presentation of evidence at the hearing, 

and that the additional evidence is 

material, the authority head may 

remand the matter to the ALJ for 

consideration of the additional 

evidence. 

§ 681.40 How does the authority head 

dispose of an appeal? 

(a) The authority head may affirm, 

reduce, reverse, compromise, remand, 

or settle any penalty or assessment 

imposed by the ALJ in the initial 

decision or reconsideration decision. 

(b) The authority head will promptly 

serve each party to the appeal and the 

ALJ with a copy of his or her decision. 

This decision must contain a statement 

describing the right of any person, 

against whom a penalty or assessment 

has been made, to seek judicial review. 

§ 681.41 What judicial review is available? 

31 U.S.C. 3805 authorizes judicial 

review by the appropriate United States 

District Court of any final NSF decision 

imposing penalties or assessments, and 

specifies the procedures for such 

review. To obtain judicial review, a 

defendant must file a petition with the 

appropriate court in a timely manner. 

§ 681.42 Can the administrative complaint 

be settled voluntarily? 

(a) Parties may make offers of 

compromise or settlement at any time. 

Any compromise or settlement must be 

in writing. 

(b) The reviewing official has the 

exclusive authority to compromise or 

settle the case from the date on which 

the reviewing official is permitted to 

issue a complaint until the ALJ issues 

an initial decision. 

(c) The authority head has exclusive 

authority to compromise or settle the 

case from the date of the ALJ’s initial 

decision until initiation of any judicial 

review or any action to collect the 

penalties and assessments. 

(d) The Attorney General has 

exclusive authority to compromise or 

settle the case while any judicial review 

or any action to recover penalties and 

assessments is pending. 

(e) The investigating official may 

recommend settlement terms to the 

reviewing official, the authority head, or 

the Attorney General, as appropriate. 

§ 681.43 How are civil penalties and 

assessments collected? 

Section 3806 and 3808(b) of title 31, 

United States Code, authorize actions 

for collection of civil penalties and 

assessments imposed under this part 

and specify the procedures for such 

actions. 

§ 681.44 Is there a right to administrative 

offset? 

The amount of any penalty or 

assessment which has become final, or 

for which a judgment has been entered, 

or any amount agreed upon in a 

compromise or settlement, may be 

collected by administrative offset under 

31 U.S.C. 3716, except that an 

administrative offset may not be made 

under this subsection against a refund of 

an overpayment of Federal taxes, then 

or later owing by the United States to 

the defendant. 

§ 681.45 What happens to collections? 

All amounts collected pursuant to this 

part shall be deposited as miscellaneous 

receipts in the Treasury of the United 

States, except as provided in 31 U.S.C. 

3806(g). 

§ 681.46 What if the investigation indicates 

criminal misconduct? 

(a) Any investigating official may: 

(1) Refer allegations of criminal 

misconduct directly to the Department 

of Justice for prosecution or for suit 

under the False Claims Act or other civil 

proceeding; 

(2) Defer or postpone a report or 

referral to the reviewing official to avoid 

interference with a criminal 

investigation or prosecution; or 

(3) Issue subpoenas under any other 

statutory authority. 

(b) Nothing in this part limits the 

requirement that NSF employees report 

suspected violations of criminal law to 

the NSF Office of Inspector General or 

to the Attorney General. 

Dated: May 19, 2009. 

Lawrence Rudolph, 

General Counsel. 

[FR Doc. E9–12170 Filed 6–3–09; 8:45 am] 

BILLING CODE 7555–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1160; MB Docket No. 08–208; RM– 

11495] 

Television Broadcasting Services; Fort 

Wayne, IN 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed WISE–TV 

License, LLC, licensee of WISE–TV, 

analog channel 33, and WISE–DT, DTV 

channel 19, Fort Wayne, Indiana, to 

substitute DTV channel 18 for its 

assigned post-transition DTV channel 19 

at Fort Wayne. 

DATES: This rule is effective June 4, 

2009. 

26802 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–208, 

adopted May 20, 2009, and released 

May 27, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Indiana, is amended by adding 

DTV channel 18 and removing DTV 

channel 19 at Fort Wayne. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–13047 Filed 6–3–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1162; MB Docket No. 08–140; RM– 

11470] 

Television Broadcasting Services; 

Williston, ND 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Prairie 

Public Broadcasting, Inc., the licensee of 

noncommercial educational station 

KWSE–DT, to substitute DTV channel 

*11 for its assigned post-transition DTV 

channel *51 at Williston, North Dakota. 

DATES: This rule is effective June 4, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–140, 

adopted May 20, 2009, and released 

May 27, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under North Dakota, is amended by 

adding DTV channel *11 and removing 

DTV channel *51 at Williston. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–13050 Filed 6–3–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1159; MB Docket No. 08–163; RM– 

11482] 

Television Broadcasting Services; 

Yuma, AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Pappas 

Arizona License, LLC, the permittee of 

station KSWT–DT, to substitute DTV 

channel 13 for its assigned postVerDate Nov<24>2008 14:50 Jun 03, 2009 Jkt 217001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\04JNR1.SGM 04JNR1