32490 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules rules governing permissible ex parte FOR FURTHER INFORMATION CONTACT: PART 73—RADIO BROADCAST contacts. Joyce L. Bernstein, SERVICES For information regarding proper [email protected], Media Bureau, filing procedures for comments, see 47 (202) 418–1600. 1. The authority citation for part 73 continues to read as follows: CFR 1.415 and 1.420. SUPPLEMENTARY INFORMATION: This is a Authority: 47 U.S.C. 154, 303, 334, 336. List of Subjects in 47 CFR Part 73 synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. § 73.622(i) [Amended] Television, Television broadcasting. 09–11, adopted June 25, 2009, and 2. Section 73.622(i), the Post- For the reasons discussed in the released June 26, 2009. The full text of Transition Table of DTV Allotments preamble, the Federal Communications this document is available for public under Colorado, is amended by adding Commission proposes to amend 47 CFR inspection and copying during normal DTV channel 49 and removing DTV part 73 as follows: business hours in the FCC’s Reference channel 10 at Colorado Springs. Information Center at Portals II, CY– PART 73—RADIO BROADCAST A257, 445 12th Street, SW., Federal Communications Commission. SERVICES Washington, DC 20554. This document Clay C. Pendarvis, 1. The authority citation for part 73 will also be available via ECFS (http:// Associate Chief, Video Division, Media continues to read as follows: www.fcc.gov/cgb/ecfs/). (Documents Bureau. will be available electronically in ASCII, [FR Doc. E9–16128 Filed 7–7–09; 8:45 am] Authority: 47 U.S.C. 154, 303, 334, 336. Word 97, and/or Adobe Acrobat.) This BILLING CODE 6712–01–P § 73.622 [Amended] document may be purchased from the 2. Section 73.622(i), the Post- Commission’s duplicating contractor, Transition Table of DTV Allotments Best Copy and Printing, Inc., 445 12th DEPARTMENT OF THE INTERIOR under New Mexico, is amended by Street, SW., Room CY–B402, Fish and Wildlife Service adding DTV channel *8 and removing Washington, DC 20554, telephone 1– DTV channel *9 at Santa Fe. 800–478–3160 or via e-mail http:// www.BCPIWEB.com. To request this 50 CFR Part 17 Federal Communications Commission. document in accessible formats [FWS-R1-ES-2009-0036; 92210-1111-0000- Clay C. Pendarvis, (computer diskettes, large print, audio B2] Associate Chief, Video Division, Media recording, and Braille), send an e-mail Bureau. to [email protected] or call the RIN 1018-AV47 [FR Doc. E9–16089 Filed 7–7–09; 8:45 am] Commission’s Consumer and Endangered and Threatened Wildlife BILLING CODE 6712–01–P Governmental Affairs Bureau at (202) and Plants; Proposed Endangered 418–0530 (voice), (202) 418–0432 Status for Flying Earwig Hawaiian (TTY). This document does not contain Damselfly (Megalagrion nesiotes) and FEDERAL COMMUNICATIONS proposed information collection Pacific Hawaiian Damselfly (M. COMMISSION requirements subject to the Paperwork pacificum) Throughout Their Ranges Reduction Act of 1995, Public Law 104– 47 CFR Part 73 13. In addition, therefore, it does not AGENCY: Fish and Wildlife Service, [DA 09–1432; MB Docket No. 09–111; RM– contain any proposed information Interior. 11541] collection burden ‘‘for small business ACTION: Proposed rule. concerns with fewer than 25 Television Broadcasting Services; employees,’’ pursuant to the Small SUMMARY: We, the U.S. Fish and Colorado Springs, CO Business Paperwork Relief Act of 2002, Wildlife Service (Service), propose to Public Law 107–198, see 44 U.S.C. list two species of Hawaiian damselflies, AGENCY: Federal Communications 3506(c)(4). the flying earwig Hawaiian damselfly Commission. Provisions of the Regulatory (Megalagrion nesiotes) and the Pacific ACTION: Proposed rule. Flexibility Act of 1980 do not apply to Hawaiian damselfly (M. pacificum), as this proceeding. Members of the public endangered under the Endangered SUMMARY: The Commission has before it should note that from the time a Notice Species Act of 1973, as amended (Act). a petition for rulemaking filed by Gray of Proposed Rule Making is issued until If we finalize this rule as proposed, it Television Licensee, LLC (‘‘Gray’’), the the matter is no longer subject to would extend the Act’s protections to licensee of station KKTV(TV), DTV Commission consideration or court these species. We have determined that channel 10, Colorado Springs, Colorado. review, all ex parte contacts are critical habitat for these two Hawaiian Gray requests the substitution of DTV prohibited in Commission proceedings, damselflies is prudent, but not channel 49 for channel 10 at Colorado such as this one, which involve channel determinable at this time. Springs. allotments. See 47 CFR 1.1204(b) for DATES: We will accept comments DATES: Comments must be filed on or rules governing permissible ex parte received on or before September 8, before July 23, 2009, and reply contacts. 2009. We must receive requests for comments on or before August 3, 2009. For information regarding proper public hearings, in writing, at the ADDRESSES: Federal Communications filing procedures for comments, see 47 address shown in the FOR FURTHER Commission, Office of the Secretary, CFR 1.415 and 1.420. INFORMATION CONTACT section by August 24, 2009. 445 12th Street, SW., Washington, DC List of Subjects in 47 CFR Part 73 20554. In addition to filing comments ADDRESSES: You may submit comments with the FCC, interested parties should Television, Television broadcasting. by one of the following methods: serve counsel for petitioner as follows: For the reasons discussed in the • Federal eRulemaking Portal: http:// John M. Burgett, Esq., Wiley Rein LLP, preamble, the Federal Communications www.regulations.gov. Follow the 1776 K Street, NW., Washington, DC Commission proposes to amend 47 CFR instructions for submitting comments to 20006. Part 73 as follows: Docket No. FWS-R1-ES-2009-0036. VerDate Nov<24>2008 17:19 Jul 07, 2009 Jkt 217001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\08JYP1.SGM 08JYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 32491 • U.S. mail or hand-delivery: Public to the species that designation could under the Act, but for which the Comments Processing, Attn: FWS-R1- cause, such that the designation of development of a listing regulation has ES-2009-0036; Division of Policy and critical habitat is prudent. been precluded by other higher priority Directives Management; U.S. Fish and Please note that submissions merely listing activities. Wildlife Service; 4401 N. Fairfax Drive, stating support for or opposition to the Both the flying earwig Hawaiian Suite 222; Arlington, VA 22203. action under consideration without damselfly and the Pacific Hawaiian We will post all comments on http:// providing supporting information, damselfly were first listed as candidate www.regulations.gov. This generally although noted, will not be considered species on May 22, 1984 (49 FR 21664). means that we will post any personal in making a determination, as section The flying earwig Hawaiian damselfly information you provide us (see the 4(b)(1)(A) of the Act directs that was listed as a Category 3A (C3A) Public Comments section below for determinations as to whether any species, while the Pacific Hawaiian more information). species is a threatened or endangered damselfly was listed as a Category 2 (C2) FOR FURTHER INFORMATION CONTACT: Gina species must be made ‘‘solely on the species. The flying earwig was removed Shultz, Deputy Field Supervisor, Pacific basis of the best scientific and from the candidate list on November 21, Islands Fish and Wildlife Office, 300 commercial data available.’’ 1991 (56 FR 58804), whereas the Pacific Ala Moana Boulevard, Box 50088, You may submit your comments and Hawaiian damselfly retained its status Honolulu, HI 96850; telephone 808-792- materials concerning this proposed rule as a C2 species. On November 15, 1994 9400; facsimile 808-792-9581. Persons by one of the methods listed in the (59 FR 58982), the flying earwig who use a telecommunications device ADDRESSES section. Hawaiian damselfly was added back to for the deaf (TDD) may call the Federal If you submit a comment via http:// the candidate list, this time as a C2 Information Relay Service (FIRS) at 800- www.regulations.gov, your entire species, and the Pacific Hawaiian damselfly was reclassified as a Category 877-8339. comment—including any personal identifying information—will be posted 1 species. In the Candidate Notice of SUPPLEMENTARY INFORMATION: on the website. If your submission is Review (CNOR) published on February Public Comments made via a hardcopy that includes 28, 1996, we announced a revised list of personal identifying information, you plant and animal taxa that were We intend that any final action regarded as candidates for possible resulting from this rule will be based on may request at the top of your document that we withhold this information from addition to the Lists of Threatened and the best scientific and commercial data Endangered Wildlife and Plants (61 FR available and be as accurate and as public review. However, we cannot guarantee that we will be able to do so. 7595). This revision also included a new effective as possible. Therefore, we ranking system, whereby each candidate request comments or suggestions on this We will post all hardcopy submissions on http://www.regulations.gov. Please species was assigned a Listing Priority proposed rule from the public, other Number (LPN) from 1 to 12. Both the concerned governmental agencies, the include sufficient information with your comments to allow us to verify any flying earwig Hawaiian damselfly and scientific community, industry, or any the Pacific Hawaiian damselfly were other interested party concerning this scientific or commercial information you include.