26234 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Notices 

open-water marine survey program (site 

clearance and shallow hazards and 

strudel scour surveys) in the Chukchi 

Sea during the 2009/2010 open-water 

season may result, at worst, in a 

temporary modification in behavior 

(Level B Harassment) of small numbers 

of 12 species of marine mammals, will 

have no more than a negligible impact 

on the affected species or stocks, and 

will not have an unmitigable adverse 

impact on the availability of such 

species or stock for taking for 

subsistence purposes, provided the 

mitigation measures described 

previously in this document are 

implemented. 

While the number of potential 

incidental harassment takes will depend 

on the distribution and abundance of 

marine mammals (which vary annually 

due to variable ice conditions and other 

factors) in the area of survey operations, 

the number of potential harassment 

takings is estimated to be small (less 

than one percent of any of the estimated 

population sizes) and has been 

mitigated to the lowest level practicable 

through incorporation of the measures 

mentioned previously in this document. 

NMFS anticipates the actual take of 

individuals to be lower than the 

numbers presented in the analysis 

because those numbers do not reflect 

either the implementation of the 

proposed mitigation measures or the 

fact that some animals will avoid the 

sound at levels lower than those 

expected to result in harassment. 

In addition, no take by death and/or 

serious injury is anticipated, and the 

potential for temporary or permanent 

hearing impairment will be avoided 

through the incorporation of the 

mitigation and monitoring measures 

proposed earlier in this document. This 

determination is supported by the fact 

that: (1) given sufficient notice through 

slow ship speed and ramp-up of 

acoustic equipment, marine mammals 

are expected to move away from a 

sound source prior to it becoming 

potentially injurious; (2) TTS is unlikely 

to occur, especially in odontocetes and 

pinnipeds, until sound levels above 180 

dB re 1 μPa (rms) and 190 dB re 1 μPa 

(rms), respectively, are reached; and (3) 

injurious levels of sound are only likely 

very close to the vessel (approximately 

160 m (525 ft) for the 180 dB (rms) 

radius and 50 m (164 ft) for the 190 dB 

(rms) radius). No rookeries, mating 

grounds, areas of concentrated feeding, 

or other areas of special significance for 

marine mammals occur within or near 

the planned area of operations during 

the season of operations. 

NMFS has preliminarily determined 

that Shell’s proposed open-water marine 

survey program in the Chukchi Sea in 

2009/2010 will not have an unmitigable 

adverse impact on the subsistence uses 

of bowhead whales and other marine 

mammals. This preliminary 

determination is supported by the 

information in this Federal Register 

Notice, including: (1) Survey activities 

will not begin prior to the closure of the 

spring bowhead hunt in Chukchi coastal 

villages; (2) Shell will closely 

coordinate with and avoid impacts to 

beluga whale hunts through subsistence 

advisors; (3) activities are scheduled to 

avoid the traditional subsistence beluga 

hunt, which annually occurs in July in 

the community of Point Lay; (4) Barrow 

is east of the proposed project area, so 

the animals will reach Barrow before 

entering the project area on their fall 

westward migration through the 

Beaufort and Chukchi Seas; (5) the fact 

that survey activities will occur more 

than 113 km (70 mi) or more from shore, 

and most cetaceans and pinnipeds are 

hunted much closer to the shore; and (6) 

that several of the mitigation and 

monitoring conditions proposed for the 

IHA (described earlier in this document) 

are designed to ensure that there will 

not be an unmitigable adverse impact on 

subsistence uses of marine mammals. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of marine mammals 

incidental to Shell’s 2009/2010 openwater marine survey program in the 

Chukchi Sea, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: May 26, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–12659 Filed 5–29–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0097] 

Federal Acquisition Regulation; 

Submission for OMB Review; Taxpayer 

Identification Number Information 

AGENCIES: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of reinstatement request 

for an information collection 

requirement regarding an existing OMB 

clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR), 

Regulatory Secretariat has submitted to 

the Office of Management and Budget 

(OMB) a request to review and approve 

a request to reinstate a previously 

approved information collection 

requirement concerning Taxpayer 

Identification Number Information. A 

request for public comments was 

published at 73 FR 20613 on April 16, 

2008. No comments were received. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary; whether it will 

have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

DATES: Submit comments on or before 

July 1, 2009. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden, to: General Services 

Administration (GSA) Desk Officer, 

OMB, Room 10236, NEOB, Washington, 

DC 20503, and a copy to the General 

Services Administration, Regulatory 

Secretariat (VPR), 1800 F Street NW., 

Room 4041, Washington, DC 20405. 

Please cite OMB Control No. 9000–0097, 

Taxpayer Identification Number 

Information, in all correspondence. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

Contract Policy Division, GSA, (202) 

501–3775. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

When the IRS issued its final 

regulations implementing section 

6050M of the Tax Reform Act of 1986 

(Pub. L. 99–514), the reporting 

requirements included the requirement 

to report certain modifications to 

contracts that were awarded before 

January 1, 1989, necessitating a revision 

to Subpart 4.9 of the FAR. As 

implemented by Section 6050M of the 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Notices 26235 

Tax Reform Act of 1986 (Pub. L. 99– 

514), the reporting requirements 

included the requirement to report 

certain modifications to contracts that 

were awarded before January 1, 1989 

and entered into on or after April 1, 

1990. 

In accordance with 31 U.S.C. 7701(c), 

a contractor doing business with a 

Government agency is required to 

furnish its Tax Identification Number 

(TIN) to that agency. 31 U.S.C. 3325(d) 

requires the Government to include, 

with each certified voucher prepared by 

the Government payment office and 

submitted to a disbursing official, the 

TIN of the contractor receiving payment 

under the voucher. The TIN may be 

used by the Government to collect and 

report on any delinquent amounts 

arising out of the contractor’s 

relationship with the Government. The 

TIN is also required for Government 

reporting of certain contract information 

and payment information to the IRS. 

B. Annual Reporting Burden 

Respondents: 250,000. 

Responses per Respondent: 2. 

Total Responses: 500,000. 

Hours per Response: .39. 

Total Burden Hours: 195,000. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000–0097, 

Taxpayer Identification Number 

Information, in all correspondence. 

Dated: May 22, 2009. 

Edward Loeb, 

Acting Director, Office of Acquisition Policy. 

[FR Doc. E9–12585 Filed 5–29–09; 8:45 am] 

BILLING CODE 6820–EP–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 08–187; FCC 09–43] 

Impact of Arbitron Audience Ratings 

Measurements on Radio Broadcasters 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document seeks 

comment on issues relating to the 

commercial use of a radio audience 

measurement device, developed by 

Arbitron, Inc., known as the portable 

people meter (‘‘PPM’’). It asks about the 

effects of the PPM methodology on 

competition and diversity, whether it is 

sufficiently accurate and reliable to 

merit the Commission’s continued 

reliance on it, and the Commission’s 

jurisdiction to take action in this area 

should it find an adverse effect in any 

of these areas. 

DATES: Comments are due July 1, 2009 

and reply comments are due July 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Mania Baghdadi, Industry Analysis 

Division, Media Bureau, at (202) 418– 

2133, or Julie Salovaara, Industry 

Analysis Division, Media Bureau, at 

(202) 418–0783. Press inquiries should 

be directed to David Fiske at (202) 418– 

0513. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Notice 

of Inquiry (the ‘‘NOI’’) in MB Docket No. 

08–187; FCC 09–43, adopted May 15, 

2009, and released May 18, 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. To 

request this document in accessible 

formats (computer diskettes, large print, 

audio recording and Braille), send an email to fcc504@fcc.gov or call the FCC’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Summary of the Notice of Inquiry 

1. Introduction: In this Notice of 

Inquiry (‘‘NOI’’), we seek comment on 

issues relating to the commercial use of 

a radio audience measurement device, 

developed by Arbitron, Inc. 

(‘‘Arbitron’’), known as the portable 

people meter, or ‘‘PPM.’’ Broadcasters, 

media organizations, and others have 

raised concerns about the use of the 

PPM and its potential impact on 

audience ratings of stations that air 

programming targeted to minority 

audiences, and consequently, on the 

financial viability of those stations. 

They claim that the current PPM 

methodology undercounts and 

misrepresents the number and loyalty of 

minority radio listeners. They assert 

that, because audience ratings affect 

advertising revenues, undercounting 

minority audiences could negatively 

affect the ability of these stations to 

compete for advertising revenues and to 

continue to offer local service to 

minority audiences. They express 

concern that such undercounting could 

particularly affect the ratings of local, 

urban-formatted radio stations that 

broadcast programming of interest to 

African-American and Hispanic 

audiences. This NOI investigates the 

impact of PPM methodology on the 

broadcast industry as well as whether 

the audience ratings data is sufficiently 

accurate and reliable to merit the 

Commission’s own reliance on it in its 

rules, policies and procedures. 

According to its proponents, the PPM 

methodology represents a technological 

improvement in measuring radio 

listening. We have a strong interest in 

encouraging innovative advancements 

that lead to improved information and 

data. We seek information on whether 

and how the PPM technological changes 

adversely affect diversity on the 

airwaves as well as the integrity and 

reliability of the Commission’s 

processes that rely on Arbitron ratings 

data. If there is an adverse impact, we 

seek comment on further steps the 

Commission can and should take to 

address these issues. 

2. Sections 4(i) and 403 of the 

Communications Act of 1934, as 

amended (the ‘‘Act’’) gives the 

Commission broad authority to initiate 

inquiries such as this one. The 

Commission’s authority to initiate 

investigations under Section 403 is not 

limited to adversarial proceedings 

involving allegations of wrongdoing. 

Section 403 broadly authorizes, inter 

alia, inquiries ‘‘concerning which any 

question may arise under any of the 

provisions of this Act .* * *’’ 47 U.S.C. 

403. We have frequently issued Notices 

of Inquiry under Section 403 in nonadversarial settings to seek information 

and comment to determine whether we 

should take further regulatory action. 

3. Requests that the Commission 

institute an inquiry have been made in 

several contexts. The FCC’s Advisory 

Committee on Diversity for 

Communications in the Digital Age 

(‘‘Diversity Committee’’) has passed a 

resolution requesting a Commission 

investigation of Arbitron’s PPM 

measurement system to determine 

whether the system is having or will 

have a detrimental and discriminatory 

effect upon stations targeting minority 

audiences. Noting that Arbitron is the 

only company that currently provides 

quantitative audience data for radio 

stations, the Committee states that the 

financial success of a radio broadcast 

station often depends upon 

demonstrating to potential advertisers 

that the station has a substantial 

audience of desirable consumers. 

According to the Diversity Committee,