Rail Transportation Security, 23656-23657 [E9-11736]
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations
may propose a de minimis expansion of
its full-service pre-transition analog
service area upon demonstrating that
the expansion is necessary to replace its
analog loss area. The license for the
replacement digital television translator
will be associated with the full power
station’s main license, will be assigned
the same call sign, may not be
separately assigned or transferred, and
will be renewed with the full-service
station’s main license.
(ii) Each original construction permit
for the construction of a replacement
digital television translator station shall
specify a period of three years from the
date of issuance of the original
construction permit within which
construction shall be completed and
application for license filed. The
provisions of § 74.788(c) of this chapter
shall apply for stations seeking
additional time to complete
construction of their replacement digital
television translator station.
(iii) A public notice will specify the
date upon which interested parties may
begin to file applications for
replacement digital television
translators. Such applications shall be
filed on FCC Form 346, shall be treated
as an application for minor change and
shall be accepted on a first-come, firstserved basis. Mutually exclusive
applications shall be resolved via the
Commission’s part 1 and broadcast
competitive bidding rules, § 1.2100 et
seq. and § 73.5000 et seq. of this
chapter.
(iv) The following sections are
applicable to replacement digital
television translator stations:
§ 73.1030 Notifications concerning
interference to radio astronomy, research
and receiving installations.
§ 74.703 Interference.
§ 74.709 Land mobile station protection.
§ 74.734 Attended and unattended
operation.
§ 74.735 Power Limitations.
§ 74. 751 Modification of transmission
systems.
§ 74.763 Time of Operation.
§ 74.765 Posting of station and operator
licenses.
§ 74.769 Copies of rules.
§ 74.780 Broadcast regulations applicable to
translators, low power, and booster
stations (except § 73.653—Operation of
TV aural and visual transmitters and
§ 73.1201—Station identification).
§ 74.781 Station records.
§ 74.784 Rebroadcasts.
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[FR Doc. E9–11730 Filed 5–15–09; 4:15 pm]
BILLING CODE 6712–01–P
VerDate Nov<24>2008
17:51 May 19, 2009
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DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Part 1580
[Docket No. TSA–2006–26514; Amendment
Nos. 1520–7, 1580–2]
RIN 1652–AA51
Rail Transportation Security
AGENCY: Transportation Security
Administration (TSA), DHS.
ACTION: Final rule; correcting
amendments.
SUMMARY: This action contains minor
technical corrections to the Rail
Transportation Security final rule,
which was published on November 26,
2008. That document incorrectly
referenced certain paragraphs in various
sections of 49 CFR part 1580 and
included an incorrect telephone number
for reporting significant security
concerns to TSA. This document
corrects the final regulations by revising
these paragraph citations and providing
the appropriate telephone number.
DATES: This correction is effective on
May 20, 2009.
FOR FURTHER INFORMATION CONTACT:
David H. Kasminoff, Office of Chief
Counsel, TSA–2, Transportation
Security Administration, 601 South
12th Street, Arlington, VA 20598–6002;
telephone (571) 227–3583; facsimile
(571) 227–1378; e-mail
david.kasminoff@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 26, 2008 (73 FR 72131),
TSA issued a final rule to enhance the
security of our Nation’s rail
transportation system. This rule
established security requirements for
freight railroad carriers; intercity,
commuter, and short-haul passenger
train service providers; rail transit
systems; and rail operations at certain,
fixed-site facilities that ship or receive
specified hazardous materials by rail. As
published, the regulatory text in the
final rule contains several incorrect
references to other provisions in the
rule. First, the rule as published, in
stating that §§ 1580.100, 1580.101, and
1580.105 apply to a freight railroad
carrier hosting a passenger operation
described in § 1580.1, incorrectly cites
to nonexistent paragraph (d) in § 1580.1,
instead of paragraph (a)(4). Second,
§ 1580.103(g), which requires each
person described in paragraph (a) of that
section to provide a telephone number
for TSA to use to request location and
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Fmt 4700
Sfmt 4700
shipping information, incorrectly refers
to information required in paragraph
(a)(4) of § 1580.103 instead of paragraph
(c). Third, § 1580.103(g)(2), in stating
that a covered person may not provide
a telephone number that requires a call
back (such as an answering service,
answering machine, or beeper device) to
meet the requirements of § 1580.103,
incorrectly refers to paragraph (f) of that
section instead of paragraph (g). Fourth,
§ 1580.107(a), in referencing the
paragraph that contains an exception to
the requirements imposed upon a rail
hazardous materials shipper transferring
to a rail car containing rail securitysensitive materials to a railroad carrier,
incorrectly refers to paragraph (e) of
§ 1580.107 instead of paragraph (g). This
final rule correction replaces the
incorrect citations with the correct ones.
Finally, the telephone numbers
provided in §§ 1580.105(b) and
1580.203(b) of the final rule for
reporting significant security concerns
to DHS have been changed. The new
telephone number at the TSA Freedom
Center designated to receive reports of
significant security concerns is 1–866–
615–5150. This final rule correction
inserts the correct telephone number in
the rule text.
List of Subjects in 49 CFR Part 1580
Hazardous materials transportation,
Mass transportation, Rail hazardous
materials receivers, Rail hazardous
materials shippers, Rail transit systems,
Railroad carriers, Railroad safety,
Railroads, Reporting and recordkeeping
requirements, Security measures.
II. Corrections to the Rule
Accordingly, 49 CFR part 1580 is
corrected by making the following
correcting amendments:
■
PART 1580—RAIL TRANSPORTATION
SECURITY
1. The authority citation for part 1580
continues to read as follows:
■
Authority: 49 U.S.C. 114.
2. In § 1580.100, paragraph (a)(4) is
correctly revised to read as follows:
■
§ 1580.100
Applicability.
(a) * * *
(4) Each freight railroad carrier
hosting a passenger operation described
in § 1580.1(a)(4) of this part.
*
*
*
*
*
3. In § 1580.101, paragraph (a)(4) is
correctly revised to read as follows:
■
§ 1580.101
Rail security coordinator.
(a) * * *
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations
(4) Each freight railroad carrier
hosting the passenger operations
described in § 1580.1(a)(4) of this part.
*
*
*
*
*
4. In § 1580.103, paragraphs (g)
introductory text and (g)(2) are correctly
revised to read as follows:
■
§ 1580.103 Location and shipping
information for certain rail cars.
*
*
*
*
*
(g) Telephone number. Each person
described in paragraph (a) of this
section must provide a telephone
number for use by TSA to request the
information required in paragraph (c) of
this section.
*
*
*
*
*
(2) A telephone number that requires
a call back (such as an answering
service, answering machine, or beeper
device) does not meet the requirements
of this paragraph.
*
*
*
*
*
5. In § 1580.105, paragraphs (a)(4) and
(b) are correctly revised to read as
follows:
■
§ 1580.105
concerns.
Reporting significant security
(a) * * *
(4) Each freight railroad carrier
hosting a passenger operation described
in § 1580.1(a)(4) of this part.
*
*
*
*
*
(b) Each person described in
paragraph (a) of this section must
immediately report potential threats and
significant security concerns to DHS by
telephoning the Freedom Center at 1–
866–615–5150.
*
*
*
*
*
6. In § 1580.107, paragraph (a)
introductory text is correctly revised to
read as follows:
■
§ 1580.107 Chain of custody and control
requirements.
(a) Within or outside of an HTUA, rail
hazardous materials shipper
transferring to carrier. Except as
provided in paragraph (g) of this
section, at each location within or
outside of an HTUA, a rail hazardous
materials shipper transferring custody of
a rail car containing one or more of the
categories and quantities of rail securitysensitive materials to a freight railroad
carrier must:
*
*
*
*
*
7. In § 1580.103, paragraph (b) is
correctly revised to read as follows:
■
§ 1580.203
concerns.
Reporting significant security
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14:51 May 19, 2009
Jkt 217001
(b) Each person described in
paragraph (a) of this section must
immediately report potential threats and
significant security concerns to DHS by
telephoning the Freedom Center at
1–866–615–5150.
*
*
*
*
*
Issued in Arlington, Virginia, on May 13,
2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9–11736 Filed 5–19–09; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–9087–02]
RIN 0648–XP29
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
American Fisheries Act Catcher
Processors Using Trawl Gear in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by American
Fisheries Act (AFA) trawl catcher
processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary as the
2009 Pacific cod directed fishing
allowance for AFA trawl catcher
processors in the BSAI has been
reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), June 10, 2009, through
2400 hrs, A.l.t., December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Patty Britza, 907–586–7376.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson–Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
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23657
The 2009 Pacific cod total allowable
catch (TAC) allocated to AFA trawl
catcher processors in the BSAI is 3,626
metric tons (mt) as established by the
final 2009 and 2010 harvest
specifications for groundfish in the
BSAI (74 FR 7359, February 17, 2009).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2009 Pacific cod
TAC allocated to AFA catcher
processors in the BSAI will be taken as
incidental catch in directed fisheries for
other groundfish fisheries. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 0 mt and in accordance
with § 679.20(d)(1)(iii), finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by AFA trawl catcher processors in
the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod by AFA
trawl catcher processors in the BSAI.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of May 12,
2009.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\20MYR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23656-23657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11736]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1580
[Docket No. TSA-2006-26514; Amendment Nos. 1520-7, 1580-2]
RIN 1652-AA51
Rail Transportation Security
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This action contains minor technical corrections to the Rail
Transportation Security final rule, which was published on November 26,
2008. That document incorrectly referenced certain paragraphs in
various sections of 49 CFR part 1580 and included an incorrect
telephone number for reporting significant security concerns to TSA.
This document corrects the final regulations by revising these
paragraph citations and providing the appropriate telephone number.
DATES: This correction is effective on May 20, 2009.
FOR FURTHER INFORMATION CONTACT: David H. Kasminoff, Office of Chief
Counsel, TSA-2, Transportation Security Administration, 601 South 12th
Street, Arlington, VA 20598-6002; telephone (571) 227-3583; facsimile
(571) 227-1378; e-mail david.kasminoff@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 26, 2008 (73 FR 72131), TSA issued a final rule to
enhance the security of our Nation's rail transportation system. This
rule established security requirements for freight railroad carriers;
intercity, commuter, and short-haul passenger train service providers;
rail transit systems; and rail operations at certain, fixed-site
facilities that ship or receive specified hazardous materials by rail.
As published, the regulatory text in the final rule contains several
incorrect references to other provisions in the rule. First, the rule
as published, in stating that Sec. Sec. 1580.100, 1580.101, and
1580.105 apply to a freight railroad carrier hosting a passenger
operation described in Sec. 1580.1, incorrectly cites to nonexistent
paragraph (d) in Sec. 1580.1, instead of paragraph (a)(4). Second,
Sec. 1580.103(g), which requires each person described in paragraph
(a) of that section to provide a telephone number for TSA to use to
request location and shipping information, incorrectly refers to
information required in paragraph (a)(4) of Sec. 1580.103 instead of
paragraph (c). Third, Sec. 1580.103(g)(2), in stating that a covered
person may not provide a telephone number that requires a call back
(such as an answering service, answering machine, or beeper device) to
meet the requirements of Sec. 1580.103, incorrectly refers to
paragraph (f) of that section instead of paragraph (g). Fourth, Sec.
1580.107(a), in referencing the paragraph that contains an exception to
the requirements imposed upon a rail hazardous materials shipper
transferring to a rail car containing rail security-sensitive materials
to a railroad carrier, incorrectly refers to paragraph (e) of Sec.
1580.107 instead of paragraph (g). This final rule correction replaces
the incorrect citations with the correct ones.
Finally, the telephone numbers provided in Sec. Sec. 1580.105(b)
and 1580.203(b) of the final rule for reporting significant security
concerns to DHS have been changed. The new telephone number at the TSA
Freedom Center designated to receive reports of significant security
concerns is 1-866-615-5150. This final rule correction inserts the
correct telephone number in the rule text.
List of Subjects in 49 CFR Part 1580
Hazardous materials transportation, Mass transportation, Rail
hazardous materials receivers, Rail hazardous materials shippers, Rail
transit systems, Railroad carriers, Railroad safety, Railroads,
Reporting and recordkeeping requirements, Security measures.
II. Corrections to the Rule
0
Accordingly, 49 CFR part 1580 is corrected by making the following
correcting amendments:
PART 1580--RAIL TRANSPORTATION SECURITY
0
1. The authority citation for part 1580 continues to read as follows:
Authority: 49 U.S.C. 114.
0
2. In Sec. 1580.100, paragraph (a)(4) is correctly revised to read as
follows:
Sec. 1580.100 Applicability.
(a) * * *
(4) Each freight railroad carrier hosting a passenger operation
described in Sec. 1580.1(a)(4) of this part.
* * * * *
0
3. In Sec. 1580.101, paragraph (a)(4) is correctly revised to read as
follows:
Sec. 1580.101 Rail security coordinator.
(a) * * *
[[Page 23657]]
(4) Each freight railroad carrier hosting the passenger operations
described in Sec. 1580.1(a)(4) of this part.
* * * * *
0
4. In Sec. 1580.103, paragraphs (g) introductory text and (g)(2) are
correctly revised to read as follows:
Sec. 1580.103 Location and shipping information for certain rail
cars.
* * * * *
(g) Telephone number. Each person described in paragraph (a) of
this section must provide a telephone number for use by TSA to request
the information required in paragraph (c) of this section.
* * * * *
(2) A telephone number that requires a call back (such as an
answering service, answering machine, or beeper device) does not meet
the requirements of this paragraph.
* * * * *
0
5. In Sec. 1580.105, paragraphs (a)(4) and (b) are correctly revised
to read as follows:
Sec. 1580.105 Reporting significant security concerns.
(a) * * *
(4) Each freight railroad carrier hosting a passenger operation
described in Sec. 1580.1(a)(4) of this part.
* * * * *
(b) Each person described in paragraph (a) of this section must
immediately report potential threats and significant security concerns
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *
0
6. In Sec. 1580.107, paragraph (a) introductory text is correctly
revised to read as follows:
Sec. 1580.107 Chain of custody and control requirements.
(a) Within or outside of an HTUA, rail hazardous materials shipper
transferring to carrier. Except as provided in paragraph (g) of this
section, at each location within or outside of an HTUA, a rail
hazardous materials shipper transferring custody of a rail car
containing one or more of the categories and quantities of rail
security-sensitive materials to a freight railroad carrier must:
* * * * *
0
7. In Sec. 1580.103, paragraph (b) is correctly revised to read as
follows:
Sec. 1580.203 Reporting significant security concerns.
* * * * *
(b) Each person described in paragraph (a) of this section must
immediately report potential threats and significant security concerns
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *
Issued in Arlington, Virginia, on May 13, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-11736 Filed 5-19-09; 8:45 am]
BILLING CODE 9110-05-P
