Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Rules and Regulations 4691 ground water at former Wetland Area C already received. There will be no PART 300—[AMENDED] of the Rentokil, Inc. Site from the NPL. additional opportunity to comment. Because EPA considers this action to ■ 1. The authority citation for part 300 List of Subjects in 40 CFR Part 300 be noncontroversial and routine, EPA is continues to read as follows: taking it without prior publication. This Environmental protection, Air Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. action will be effective March 30, 2009, pollution control, Chemicals, Hazardous 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR unless EPA receives adverse comments substances, Hazardous waste, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, by February 26, 2009. If adverse Intergovernmental relations, Penalties, 3 CFR 1987 Comp., p. 193. comments are received within the 30- Reporting and recordkeeping Appendix B—[Amended] day public comment period, EPA will requirements, Superfund, Water publish a timely withdrawal of this pollution control, Water supply. ■ 2. Table 1 of Appendix B to part 300 direct final notice of partial deletion Dated: December 16, 2008. is amended under ‘‘VA’’ by revising the before the effective date of the partial William T. Wisniewski, entry for ‘‘Rentokil, Inc.’’, (Virginia deletion and it will not take effect. EPA Wood Preserving Division) to read as will prepare a response to comments Acting Regional Administrator, Region 3. follows: and continue with the deletion process ■ For the reasons set out in this on the basis of the notice of intent to document, 40 CFR part 300 is amended Appendix B to Part 300—National partially delete and the comments as follows: Priorities List TABLE 1—GENERAL SUPERFUND SECTION State Site name City/county Note (a) Virginia ................................... Rentokil, Inc. (Virginia Wood Preserving Division) .................................... Richmond ............................. P (a) * * * implement this Act and the analog Summary of the Notice of Proposed P = Sites with partial deletion(s). nightlight program. Rulemaking [FR Doc. E9–1704 Filed 1–26–09; 8:45 am] DATES: Effective January 27, 2009. I. Introduction and Background BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: For 1. The Short-term Analog Flash and additional information on this Emergency Readiness Act (‘‘Analog proceeding, contact Kim Matthews, Nightlight Act’’ or ‘‘Act’’), Pub. L. 110– FEDERAL COMMUNICATIONS 459, 122 Stat. 5121 (2008), requires the COMMISSION [email protected], or Evan Baranoff, [email protected] of the Commission to develop and implement 47 CFR Part 73 Media Bureau, Policy Division, (202) a program by January 15, 2009, to 418–2120; or John Gabrysch, ‘‘encourage and permit’’ continued [MB Docket No. 08–255; FCC 09–2] [email protected], of the Media analog TV service for a period of 30 days after the February 17, 2009 DTV Implementation of Short-Term Analog Bureau, Engineering Division, (202) 418–7000. transition date, to the extent technically Flash and Emergency Readiness Act; feasible, for the purpose of providing Establishment of DTV Transition SUPPLEMENTARY INFORMATION: This is a ‘‘public safety information’’ and ‘‘DTV ‘‘Analog Nightlight’’ Program summary of the Commission’s Report transition information’’ to viewers who AGENCY: Federal Communications and Order (Order), FCC 09–2, adopted may not obtain the necessary equipment Commission. and released on January 15, 2009. The to receive digital broadcasts by the ACTION: Final rule. full text of this document is available for transition deadline. This Report and public inspection and copying during Order (‘‘Order’’) adopts the SUMMARY: With this document, the regular business hours in the FCC requirements to implement the Act. Commission implements the Short-term Reference Center, Federal 2. Congress has mandated that after Analog Flash and Emergency Readiness Communications Commission, 445 12th February 17, 2009, full-power television Act, Public Law 110–459, 122 Stat. 5121 Street, SW., CY–A257, Washington, DC broadcast stations must transmit only (2008). The Analog Nightlight Act 20554. These documents will also be digital signals, and may no longer requires the Commission to develop and available via ECFS (http://www.fcc.gov/ transmit analog signals. (See Digital implement a program by January 15, cgb/ecfs/). (Documents will be available Television and Public Safety Act of 2009, to ‘‘encourage and permit’’ electronically in ASCII, Word 97, and/ 2005 (‘‘DTV Act’’), which is Title III of continued analog TV service for a or Adobe Acrobat.) The complete text the Deficit Reduction Act of 2005, period of 30 days after the February 17, may be purchased from the Public Law 109–171, 120 Stat. 4 (2006) 2009 DTV transition date, to the extent Commission’s copy contractor, 445 12th (codified at 47 U.S.C. 309(j)(14) and technically feasible, for the purpose of Street, SW., Room CY–B402, 337(e)).) The Analog Nightlight Act is providing emergency and DTV Washington, DC 20554. To request this designed to ensure that those consumers transition information to viewers who document in accessible formats who are not able to receive digital may not obtain the necessary equipment (computer diskettes, large print, audio signals after the DTV transition on to receive digital broadcasts by the recording, and Braille), send an e-mail February 17, 2009 will not be left transition deadline. The Act intends to to [email protected] or call the without access to emergency provide short-term assistance to viewers Commission’s Consumer and information. The Act is also intended to as the nation transitions from analog to Governmental Affairs Bureau at (202) help consumers understand the steps digital television service. This 418–0530 (voice), (202) 418–0432 they need to take in order to restore document adopts the policies to (TTY). their television service. (The analog VerDate Nov<24>2008 18:08 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\27JAR1.SGM 27JAR1 sroberts on PROD1PC70 with RULES 4692 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Rules and Regulations nightlight concept was first used by the maximum flexibility for participating that are unable to provide nightlight broadcasters in Wilmington, North broadcasters, consistent with the intent service on their own analog channel to Carolina, who volunteered to transition of the statute to permit and encourage coordinate with other broadcasters in their market on September 8, 2008. participation. (A list of the comments their service area to share the costs of They ceased analog broadcasting on that and reply comments filed in response to analog nightlight operation to reach date but continued to broadcast their the NPRM is attached hereto at their viewers. We strongly encourage all analog signals for roughly one month, Appendix B.) Specifically, we expand stations to work together to ensure that displaying a ‘‘slate’’ describing the herein the list of stations pre-approved at least one station serving each transition and where people could to provide nightlight service, adopt community provides a nightlight service obtain information about it.) In enacting streamlined procedures for stations to to assist that community. As proposed the Analog Nightlight Act, Congress follow to notify the Commission of in the NPRM, the station whose channel acknowledged that the FCC and others participation in the nightlight program, is being used to provide the nightlight ‘‘have been working furiously’’ to and permit the provision of limited service will remain responsible for the inform viewers about the transition, but sponsorship information as part of content of the programming. also recognized that there will nightlight programming to help stations 5. The Commission, in conjunction inevitably be some consumers left defray the cost of providing critical with industry stakeholders, state and behind. Congress also recognized that nightlight service. The decisions made local officials, community grassroots when viewers are cut off from their in this Order are guided solely by the organizations, and consumer groups, televisions, it is not just a matter of goal of the Analog Nightlight Act to has worked hard to increase consumer convenience but also one of public provide short-term assistance to viewers awareness of the digital transition, and safety. The concern about readiness is as we transition from analog to digital these efforts have made a significant especially acute with regard to the television service. Accordingly, we impact. (Many industry members have nation’s more vulnerable citizens—such emphasize that these decisions are not been working hard to educate as the poor, the elderly, the disabled, intended to stand as precedent for consumers about the upcoming and those with language barriers—who future proceedings involving different transition, including broadcasters, may be less prepared to ensure they will circumstances. Nevertheless, we find multichannel video programming have continued access to television these decisions are appropriate for the distributors, telecommunications service. unique circumstances involved here. companies, satellite providers, manufacturers, and retailers. According 3. The Analog Nightlight Act was 4. We strongly encourage all eligible to the latest Nielsen DTV report, more signed into law on December 23, 2008. stations to participate in the provision than 92 percent of