Television Broadcasting Services; Superior, NE, 79697-79698 [E8-31030]
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
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 Nebraska, is amended by adding
DTV channel 38 and removing DTV
channel 15 at Omaha.
■
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E8–31006 Filed 12–29–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–2718; MB Docket No. 08–194; RM–
11488]
Television Broadcasting Services;
Huntsville, AL
pwalker on PROD1PC71 with RULES
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Commission grants a
petition for rulemaking filed by Local
TV Alabama License, LLC (‘‘Local TV’’),
the licensee of station WHNT–DT, to
substitute DTV channel 46 for its
assigned post-transition DTV channel 19
at Huntsville, Alabama.
DATES: This rule is effective January 29,
2009.
FOR FURTHER INFORMATION CONTACT:
David J. Brown, Media Bureau, (202)
418–1600.
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 08–194,
adopted December 15, 2008, and
released December 17, 2008. 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 (https://
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
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).
SUPPLEMENTARY INFORMATION:
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 Alabama, is amended by adding
DTV channel 46 and removing DTV
channel 19 at Huntsville.
■
PO 00000
Frm 00107
Fmt 4700
Sfmt 4700
79697
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E8–31034 Filed 12–29–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–2720; MB Docket No. 08–209; RM–
11496]
Television Broadcasting Services;
Superior, NE
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Commission grants a
petition for rulemaking filed by Colins
Broadcasting Corporation, the permittee
of station KSNB-DT, to substitute DTV
channel 4 for its assigned post-transition
DTV channel 34 at Superior, Nebraska.
DATES: This rule is effective January 29,
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. 08–209,
adopted December 16, 2008, and
released December 17, 2008. 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 (https://
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 at
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
E:\FR\FM\30DER1.SGM
30DER1
79698
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
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 Nebraska, is amended by adding
DTV channel 4 and removing DTV
channel 34 at Superior.
■
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E8–31030 Filed 12–29–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209, 213, 214, 215, 216,
217, 218, 219, 220, 221, 222, 223, 224,
225, 227, 228, 229, 230, 231, 232, 233,
234, 235, 236, 238, 239, 240, 241, and
244
[Docket No. FRA–2004–17529; Notice No.
6]
RIN 2130–AB94
pwalker on PROD1PC71 with RULES
Adjustments to the Minimum and
Maximum Civil Monetary Penalties for
Violations of Federal Railroad Safety
Laws or Federal Railroad
Administration Safety Regulations
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: To comply with the Federal
Civil Penalties Inflation Adjustment Act
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
of 1990, FRA is adjusting the minimum
civil monetary penalty that it will apply
when it assesses a civil penalty for a
violation of a railroad safety statute or
regulation under its authority. FRA is
also adjusting its ordinary maximum
and aggravated maximum penalties to
incorporate the new maximum civil
penalty amounts authorized by the Rail
Safety Improvement Act of 2008. In
particular, FRA is increasing the
minimum civil penalty per violation
from $550 to $650, while the ordinary
maximum civil penalty per violation
will be increased from $16,000 to
$25,000 and the aggravated maximum
civil penalty per violation where a
grossly negligent violation or pattern of
repeated violations has created an
imminent hazard of death or injury
(‘‘grossly negligent violation’’) will be
increased from $27,000 to $100,000.
DATES: This final rule is effective March
2, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen N. Gordon, Trial Attorney,
Office of Chief Counsel, FRA, 1200 New
Jersey Avenue, SE., Mail Stop 10,
Washington, DC 20590 (telephone 202–
493–6001), stephen.n.gordon@dot.gov.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation Act)
requires that an agency adjust by
regulation each maximum civil
monetary penalty (CMP), or range of
minimum and maximum CMPs, within
that agency’s jurisdiction by October 23,
1996, and adjust those penalty amounts
once every four years thereafter to
reflect inflation. Public Law 101–410,
104 Stat. 890, 28 U.S.C. 2461, note, as
amended by Section 31001(s)(1) of the
Debt Collection Improvement Act of
1996, Public Law 104–134, 110 Stat.
1321–373, April 26, 1996. Congress
recognized the important role that CMPs
play in deterring violations of Federal
laws and regulations and realized that
inflation has diminished the impact of
these penalties. In the Inflation Act,
Congress found a way to counter the
effect that inflation has had on the
CMPs by having the agencies charged
with enforcement responsibility
administratively adjust the CMPs.
In 2008, Congress determined that
additional measures were necessary to
deter violations of Federal laws and
regulations that contribute to railroad
fatalities, injuries, and hazardous
materials releases. See H.R. Rep. No.
110–336, at 1 (2008). As a result, it
passed the Rail Safety Improvement Act
of 2008, which was signed into law by
the President on October 16, 2008. See
Public Law 110–432, Division A, 122
Stat. 4848. The Rail Safety Improvement
PO 00000
Frm 00108
Fmt 4700
Sfmt 4700
Act of 2008 authorizes, among other
initiatives, increased maximum penalty
amounts by revising the language in 49
U.S.C. 21301(a)(2), 21302(a)(2), and
21303(a)(2) to allow for civil penalty
assessments up to $25,000 per violation
with penalty assessments up to
$100,000 in instances where grossly
negligent violations occur. Id. at sec.
302.
FRA is authorized as the delegate of
the Secretary of Transportation to
enforce the Federal railroad safety
statutes and regulations, including the
civil penalty provisions at 49 U.S.C. ch.
213. 49 CFR 1.49; 49 U.S.C. ch. 201–
213. FRA currently has 29 regulations
that contain provisions referencing its
authority to impose civil penalties if a
person violates any requirement in the
pertinent portion of a statute or the
Code of Federal Regulations. In this
final rule, FRA is amending each of
those separate regulatory provisions and
the corresponding footnotes in each
Schedule of Civil Penalties to raise the
minimum CMP to $650, the ordinary
maximum CMP to $25,000, and the
aggravated maximum CMP to $100,000.
Where applicable, FRA is amending the
corresponding appendices to those
regulatory provisions, which outline
FRA enforcement policy. FRA also is
amending part 224 by removing the
footnote attached to § 224.111 and
adding the removed text, as amended, as
a footnote to part 224, appendix A.
Calculation of the Inflation Adjustment
Under the Inflation Act, the inflation
adjustment is to be calculated by
increasing the maximum CMP, or the
range of minimum and maximum CMPs,
by the percentage that the Consumer
Price Index (CPI) for the month of June
of the calendar year preceding the
adjustment (here, June 2007) exceeds
the CPI for the month of June of the last
calendar year in which the amount of
such penalty was last set or adjusted
(here, June 2004 for the minimum CMP
of $550). See 72 FR 51196 (Sept. 6,
2007); 69 FR 62818 (Oct. 28, 2004); 69
FR 30592 (May 28, 2004). The Inflation
Act also specifies that the amount of the
adjustment must be rounded to the
nearest multiple of $100 for a penalty
between $100 and $1,000, or to the
nearest multiple of $5,000 for a penalty
of more than $10,000 and less than or
equal to $100,000. The first CMP
adjustment may not exceed an increase
of ten percent. FRA utilizes Bureau of
Labor Statistics data to calculate
inflation adjusted CMP amounts.
With the exception of the penalties
relating to the hours of service laws (49
U.S.C. ch. 211), the ordinary maximum
CMP for a violation of the rail safety
E:\FR\FM\30DER1.SGM
30DER1
Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79697-79698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31030]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[DA 08-2720; MB Docket No. 08-209; RM-11496]
Television Broadcasting Services; Superior, NE
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission grants a petition for rulemaking filed by
Colins Broadcasting Corporation, the permittee of station KSNB-DT, to
substitute DTV channel 4 for its assigned post-transition DTV channel
34 at Superior, Nebraska.
DATES: This rule is effective January 29, 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. 08-209, adopted December 16, 2008, and
released December 17, 2008. 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 (https://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 at
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
[[Page 79698]]
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.
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
Sec. 73.622 [Amended]
0
2. Section 73.622(i), the Post-Transition Table of DTV Allotments under
Nebraska, is amended by adding DTV channel 4 and removing DTV channel
34 at Superior.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media Bureau.
[FR Doc. E8-31030 Filed 12-29-08; 8:45 am]
BILLING CODE 6712-01-P