34262 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

1994) establishes Federal executive 

policy on environmental justice. Its 

main provision directs Federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

While EPA has not assessed the 

potential impact of this final rule on 

minority and low-income populations, 

EPA did assess the potential impact of 

the final RRP rule as a whole. As a result 

of the final RRP rule assessment, 

contained in the economic analysis for 

the final RRP rule, EPA has determined 

that the final RRP rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population (Ref. 

7). 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Childoccupied facility, Housing renovation, 

Lead, Lead-based paint, Renovation, 

Reporting and recordkeeping 

requirements. 

Dated: July 7, 2009. 

Lisa Jackson, 

Administrator. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 745—[AMENDED] 

■ 1. The authority citation for part 745 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2681– 

2692 and 42 U.S.C. 4852d. 

■ 2. Section 745.225 is amended by 

revising paragraphs (c)(14) introductory 

text, (c)(14)(i), (c)(14)(ii)(D) (6), and 

(c)(14)(iii) to read as follows: 

§ 745.225 Accreditation of training 

programs: target housing and childoccupied facilities. 

* * * * * 

(c) * * * 

(14) The training manager must 

provide notification following 

completion of renovator, dust sampling 

technician, or lead-based paint activities 

courses. 

(i) The training manager must provide 

EPA notification after the completion of 

any renovator, dust sampling 

technician, or lead-based paint activities 

course. This notice must be received by 

EPA no later than 10 business days 

following course completion. 

(ii) * * * 

(D) * * * 

(6) For renovator or dust sampling 

technician courses only, a digital 

photograph of the student. 

* * * * * 

(iii) Notification must be 

accomplished using any of the following 

methods: Written notification, or 

electronically using the Agency’s 

Central Data Exchange (CDX). Written 

notification following training courses 

can be accomplished by using either the 

sample form, entitled Post-Training 

Notification or a similar form containing 

the information required in paragraph 

(c)(14)(ii) of this section. All written 

notifications must be delivered by U.S. 

Postal Service, fax, commercial delivery 

service, or hand delivery (persons 

submitting notification by U.S. Postal 

Service are reminded that they should 

allow 3 additional business days for 

delivery in order to ensure that EPA 

receives the notification by the required 

date). Instructions and sample forms can 

be obtained from the NLIC at 1–800– 

424–LEAD (5323), or on the Internet at 

http://www.epa.gov/lead. 

* * * * * 

[FR Doc. E9–16814 Filed 7–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1495; MB Docket No. 09–71; RM– 

11533] 

Television Broadcasting Services; St. 

Paul, MN 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Twin 

Cities Public Television, Inc., the 

permittee of KTCI–TV, post-transition 

digital channel *26, St. Paul, Minnesota, 

requesting the substitution of DTV 

channel *23 for channel *26 at St. Paul. 

DATES: This rule is effective July 15, 

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. 09–71, 

adopted June 30, 2009, and released July 

1, 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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34263 

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 Minnesota, is amended by adding 

DTV channel *23 and removing DTV 

channel *26 at St. Paul. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–16871 Filed 7–14–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 212, and 234 

RIN 0750–AG23 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Commercial Items (DFARS Case 2008– 

D011) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Sections 805 and 

815 of the National Defense 

Authorization Act for Fiscal Year 2008. 

The rule specifies the conditions under 

which a time-and-materials or laborhour contract may be used for the 

acquisition of commercial items. In 

addition, the rule addresses the 

conditions under which major weapon 

systems and subsystems may be treated 

as commercial items. 

DATES: Effective date: July 15, 2009. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before September 14, 2009, to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D011, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D011 in the subject 

line of the message. 

• Fax: 703–602–7887. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Angie 

Sawyer, OUSD (AT&L) DPAP (DARS), 

IMD 3D139, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Angie Sawyer, 703–602–8384. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule implements 

Sections 805 and 815 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). Section 

805 specifies the types of commercial 

item acquisitions for which time-andmaterials and labor-hour contracts may 

be used. Section 815 addresses the 

situations under which major weapon 

systems, subsystems of major weapon 

systems, and components and spare 

parts for major weapon systems may be 

acquired using procedures established 

for the acquisition of commercial items. 

In addition, Section 815 requires DoD to 

modify its regulations to clarify that the 

terms ‘‘general public’’ and ‘‘nongovernmental entities,’’ with regard to 

sales of commercial items, do not 

include the Federal Government or a 

State, local, or foreign government. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule reinforces existing 

requirements for the appropriate use of 

commercial acquisition procedures and 

for ensuring that contract prices are fair 

and reasonable. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2008–D011. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

D. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of 

Defense, that urgent and compelling 

reasons exist to publish an interim rule 

prior to affording the public an 

opportunity to comment. This interim 

rule implements Sections 805 and 815 

of the National Defense Authorization 

Act for Fiscal Year 2008 (Pub. L. 110– 

181). Section 805 requires DoD to 

modify its acquisition regulations to 

ensure that time-and-materials and 

labor-hour contracts are used for 

commercial items only under certain 

specified circumstances. Section 815 

limits the conditions under which major 

weapon systems, subsystems of major 

weapon systems, and components and 

spare parts of major weapon systems 

may be treated as commercial items and 

acquired under procedures established 

for the acquisition of commercial items. 

In addition, Section 815 requires DoD to 

modify its regulations on the acquisition 

of commercial items to clarify that the 

terms ‘‘general public’’ and ‘‘nongovernmental entities’’ do not include 

the Federal Government or a State, 

local, or foreign government. Comments 

received in response to this interim rule 

will be considered in the formation of 

the final rule. 

List of Subjects in 48 CFR Parts 202, 

212, and 234 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Parts 202, 212, and 

234 are amended as follows: 

■ 1. The authority citation for 48 CFR 

Parts 202, 212, and 234 continues to 

read as follows: 


srobinson on DSKHWCL6B1PROD with RULES