Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested, 15269-15270 [E9-7519]
Download as PDF
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices
litigation. In a recent case, the court
held that the CWA Section 404
Nationwide general permit before the
court did qualify as a ‘‘rule’’ and
therefore that the issuance of the general
permit needed to comply with the
applicable legal requirements for the
issuance of a ‘‘rule.’’ National Ass’n of
Home Builders v. US Army Corps of
Engineers, 417 F.3d 1272, 1284–85 (DC
Cir.2005) (Army Corps general permits
under Section 404 of the Clean Water
Act are rules under the APA and the
Regulatory Flexibility Act; ‘‘Each NWP
[nationwide permit] easily fits within
the APA’s definition of a ‘rule.’ * * *
As such, each NWP constitutes a rule
* * *’’).
As EPA stated in 1998, ‘‘the Agency
recognizes that the question of the
applicability of the APA, and thus the
RFA, to the issuance of a general permit
is a difficult one, given the fact that a
large number of dischargers may choose
to use the general permit.’’ 63 FR 36489,
36497 (July 6, 1998). At that time, EPA
‘‘reviewed its previous NPDES general
permitting actions and related
statements in the Federal Register or
elsewhere,’’ and stated that ‘‘[t]his
review suggests that the Agency has
generally treated NPDES general permits
effectively as rules, though at times it
has given contrary indications as to
whether these actions are rules or
permits.’’ Id. at 36496. Based on EPA’s
further legal analysis of the issue, the
Agency ‘‘concluded, as set forth in the
proposal, that NPDES general permits
are permits [i.e., adjudications] under
the APA and thus not subject to APA
rulemaking requirements or the RFA.’’
Id. Accordingly, the Agency stated that
‘‘the APA’s rulemaking requirements are
inapplicable to issuance of such
permits,’’ and thus ‘‘NPDES permitting
is not subject to the requirement to
publish a general notice of proposed
rulemaking under the APA or any other
law * * * [and] it is not subject to the
RFA.’’ Id. at 36497.
However, the Agency went on to
explain that, even though EPA had
concluded that it was not legally
required to do so, the Agency would
voluntarily perform the RFA’s smallentity impact analysis. Id. EPA
explained the strong public interest in
the Agency following the RFA’s
requirements on a voluntary basis:
‘‘[The notice and comment] process also
provides an opportunity for EPA to
consider the potential impact of general
permit terms on small entities and how
to craft the permit to avoid any undue
burden on small entities.’’ Id.
Accordingly, with respect to the NPDES
permit that EPA was addressing in that
Federal Register notice, EPA stated that
VerDate Nov<24>2008
16:07 Apr 02, 2009
Jkt 217001
‘‘the Agency has considered and
addressed the potential impact of the
general permit on small entities in a
manner that would meet the
requirements of the RFA if it applied.’’
Id.
Subsequent to EPA’s conclusion in
1998 that general permits are
adjudications, rather than rules, as
noted above, the DC Circuit recently
held that Nationwide general permits
under section 404 are ‘‘rules’’ rather
than ‘‘adjudications.’’ Thus, this legal
question remains ‘‘a difficult one’’
(supra). However, EPA continues to
believe that there is a strong public
policy interest in EPA applying the
RFA’s framework and requirements to
the Agency’s evaluation and
consideration of the nature and extent of
any economic impacts that a CWA
general permit could have on small
entities (e.g., small businesses). In this
regard, EPA believes that the Agency’s
evaluation of the potential economic
impact that a general permit would have
on small entities, consistent with the
RFA framework discussed below, is
relevant to, and an essential component
of, the Agency’s assessment of whether
a CWA general permit would place
requirements on dischargers that are
appropriate and reasonable.
Furthermore, EPA believes that the
RFA’s framework and requirements
provide the Agency with the best
approach for the Agency’s evaluation of
the economic impact of general permits
on small entities. While using the RFA
framework to inform its assessment of
whether permit requirements are
appropriate and reasonable, EPA will
also continue to ensure that all permits
satisfy the requirements of the Clean
Water Act.
Accordingly, EPA has committed that
the Agency will operate in accordance
with the RFA’s framework and
requirements during the Agency’s
issuance of CWA general permits (in
other words, the Agency commits that it
will apply the RFA in its issuance of
general permits as if those permits do
qualify as ‘‘rules’’ that are subject to the
RFA). In satisfaction of this
commitment, during the course of this
general offshore oil and gas exploration,
development and production operations
permit proceeding, the Agency
conducted the analysis and made the
appropriate determinations that are
called for by the RFA. In addition, and
in satisfaction of the Agency’s
commitment, EPA will apply the RFA’s
framework and requirements in any
future issuance of other NPDES general
permits. EPA anticipates that for most
general permits the Agency will be able
to conclude that there is not a
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
15269
significant economic impact on a
substantial number of small entities. In
such cases, the requirements of the RFA
framework are fulfilled by including a
statement to this effect in the permit fact
sheet, along with a statement providing
the factual basis for the conclusion. A
quantitative analysis of impacts would
only be required for permits that may
affect a substantial number of small
entities, consistent with EPA guidance
regarding RFA certification.1
G. Analysis of Economic Impacts of
the General Permit for Offshore Oil and
Gas Exploration, Development and
Production Operations off Southern
California. EPA determined, in
consideration of the discussion in
Section F above, the issuance of the
general permit for offshore oil and gas
exploration, development and
production operations off Southern
California would not have a significant
economic impact on a substantial
number of small entities. There are only
22 offshore platforms which could be
affected by the proposed general permit
modification. EPA concludes since this
general permit affects less than 100
small entities, EPA believes it does not
have a significant economic impact on
a substantial number of small entities.
Accordingly, EPA concludes a
quantitative analysis of impacts is not
required for this permit.
Authority: Clean Water Act, 33 U.S.C.
1251 et seq.
Dated: March 12, 2009.
Alexis Strauss,
Director, Water Division, Region 9.
[FR Doc. E9–6840 Filed 4–2–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority, Comments Requested
March 30, 2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
1 EPA’s current guidance, entitled Final Guidance
for EPA Rulewriters: Regulatory Flexibility Act as
Amended by the Small Business Regulatory
Enforcement and Fairness Act, was issued in
November 2006 and is available on EPA’s Web site:
https://www.epa.gov/sbrefa/documents/
rfafinalguidance06.pdf. After considering the
Guidance and the purpose of CWA general permits,
EPA concludes that general permits affecting less
than 100 small entities do not have a significant
economic impact on a substantial number of small
entities.
E:\FR\FM\03APN1.SGM
03APN1
15270
Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–3520. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Persons wishing to comment on
this information collection should
submit comments June 2, 2009. If you
anticipate that you will be submitting
comments, but find it difficult to do so
within the period of time allowed by
this notice, you should advise the
contact listed below as soon as possible.
Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), (202)
395–5887, or via fax at 202–395–5167,
or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Judith-B.Herman@fcc.gov, Federal
Communications Commission (FCC). To
submit your comments by e-mail send
them to: PRA@fcc.gov.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) Go to the Web page https://
www.reginfo.gov/public/do/PRAMain,
(2) look for the section of the Web page
called ‘‘Currently Under Review’’, (3)
click the downward-pointing arrow in
the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box and (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB Control Number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
sroberts on PROD1PC70 with NOTICES
ADDRESSES:
VerDate Nov<24>2008
16:07 Apr 02, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT: For
additional information, send an e-mail
to Judith B. Herman at 202–418–0214.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0690.
Title: Section 101.17, Performance
Requirements for the 38.6–40.0 GHz
Frequency Band.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit; not-for-profit institutions; Federal
Government; and State, local or tribal
government.
Number of Respondents: 67
respondents; 975 responses.
Estimated Time per Response: 2
hours.
Frequency of Response: Reporting
requirement at the end of the 10-year
license term.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for these information
collections are contained in 47 U.S.C.
4(i), 303(c), 303(g), 303(r), and 309(j) of
the Communications Act of 1934, as
amended.
Total Annual Burden: 1,950 hours.
Total Annual Cost: $260,000.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There may be a need for confidentiality.
Applicants may request confidentiality
and request confidential treatment in
connection with their substantial
service showings, pursuant to 47 CFR
0.459 of the Commission’s rules.
Needs and Uses: The Commission
will submit this information collection
to the Office of Management and Budget
(OMB) after this 60 day comment period
in order to obtain the full three year
clearance from them. The Commission
is requesting an extension (no change in
the reporting requirement) of this
information collection. The Commission
is reporting a change in the estimated
number of respondents/responses,
burden hours and annual costs. The
Commission is adjusting the total
annual burden estimate by +1,590
hours. This adjustment reflects the
revised respondent and responses
estimates based on updated licensing
data and the increase number of licenses
that will be due for renewal in the next
three years. The Commission is also
adjusting the estimated annual cost
burden by an increase of $208,000
which is due to an increase in the
number of responses; and is also due to
the estimated number of respondents
(licensees) using outside consultants to
discuss and prepare the information.
Section 101.17 requires that all 38.6–
40.0 GHz band licensees demonstrate
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
substantial service at the time of license
renewal (at the end of the ten year
license term). A licensee’s substantial
service showing should include, but not
limited to, the following information for
each channel for which the hold a
license, in each Economic Area (EA) or
portion of the EA covered by their
license, in order to qualify for renewal
of that license. The information is used
by Commission staff to satisfy
requirements for licensees to
demonstrate substantial service at the
time of license renewal. Without this
information, the Commission not be
able to carry out its statutory
responsibilities. Also the information is
used by the Commission to determine
whether the licensee is providing
service which rises to the level of
‘‘substantial’’ requires the following
information:
(1) A description of the 38.6–40.0 GHz
band licensee’s current service in terms
of geographic coverage;
(2) A description of the licensee’s
current service in terms of population
served, as well as any additional service
provided during the license term; and
(3) A description of the licensee’s
investment in its system(s) (type of
facilities constructed and their
operational status is required.
Any licensees adjudged not to be
providing substantial service will not
have their license renewed.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9–7519 Filed 4–2–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review to the Office of Management
and Budget
March 27, 2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501—
3520. An agency may not conduct or
sponsor a collection of information
unless it displays a currently valid
control number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the Paperwork Reduction Act
(PRA) that does not display a valid
E:\FR\FM\03APN1.SGM
03APN1
Agencies
[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15269-15270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7519]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission for Extension Under Delegated
Authority, Comments Requested
March 30, 2009.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden
[[Page 15270]]
invites the general public and other Federal agencies to take this
opportunity to comment on the following information collection(s), as
required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
An agency may not conduct or sponsor a collection of information unless
it displays a currently valid control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act (PRA) that does not
display a valid control number. Comments are requested concerning (a)
whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimate; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology.
DATES: Persons wishing to comment on this information collection should
submit comments June 2, 2009. If you anticipate that you will be
submitting comments, but find it difficult to do so within the period
of time allowed by this notice, you should advise the contact listed
below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget (OMB), (202) 395-5887, or via fax at 202-395-
5167, or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to
Judith-B.Herman@fcc.gov, Federal Communications Commission (FCC). To
submit your comments by e-mail send them to: PRA@fcc.gov.
To view a copy of this information collection request (ICR)
submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently
Under Review'', (3) click the downward-pointing arrow in the ``Select
Agency'' box below the ``Currently Under Review'' heading, (4) select
``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box and (6) when the list of FCC
ICRs currently under review appears, look for the title of this ICR (or
its OMB Control Number, if there is one) and then click on the ICR
Reference Number to view detailed information about this ICR.
FOR FURTHER INFORMATION CONTACT: For additional information, send an e-
mail to Judith B. Herman at 202-418-0214.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0690.
Title: Section 101.17, Performance Requirements for the 38.6-40.0
GHz Frequency Band.
Form No.: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit; not-for-profit
institutions; Federal Government; and State, local or tribal
government.
Number of Respondents: 67 respondents; 975 responses.
Estimated Time per Response: 2 hours.
Frequency of Response: Reporting requirement at the end of the 10-
year license term.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for these information collections are contained in
47 U.S.C. 4(i), 303(c), 303(g), 303(r), and 309(j) of the
Communications Act of 1934, as amended.
Total Annual Burden: 1,950 hours.
Total Annual Cost: $260,000.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality: There may be a need for
confidentiality. Applicants may request confidentiality and request
confidential treatment in connection with their substantial service
showings, pursuant to 47 CFR 0.459 of the Commission's rules.
Needs and Uses: The Commission will submit this information
collection to the Office of Management and Budget (OMB) after this 60
day comment period in order to obtain the full three year clearance
from them. The Commission is requesting an extension (no change in the
reporting requirement) of this information collection. The Commission
is reporting a change in the estimated number of respondents/responses,
burden hours and annual costs. The Commission is adjusting the total
annual burden estimate by +1,590 hours. This adjustment reflects the
revised respondent and responses estimates based on updated licensing
data and the increase number of licenses that will be due for renewal
in the next three years. The Commission is also adjusting the estimated
annual cost burden by an increase of $208,000 which is due to an
increase in the number of responses; and is also due to the estimated
number of respondents (licensees) using outside consultants to discuss
and prepare the information.
Section 101.17 requires that all 38.6-40.0 GHz band licensees
demonstrate substantial service at the time of license renewal (at the
end of the ten year license term). A licensee's substantial service
showing should include, but not limited to, the following information
for each channel for which the hold a license, in each Economic Area
(EA) or portion of the EA covered by their license, in order to qualify
for renewal of that license. The information is used by Commission
staff to satisfy requirements for licensees to demonstrate substantial
service at the time of license renewal. Without this information, the
Commission not be able to carry out its statutory responsibilities.
Also the information is used by the Commission to determine whether the
licensee is providing service which rises to the level of
``substantial'' requires the following information:
(1) A description of the 38.6-40.0 GHz band licensee's current
service in terms of geographic coverage;
(2) A description of the licensee's current service in terms of
population served, as well as any additional service provided during
the license term; and
(3) A description of the licensee's investment in its system(s)
(type of facilities constructed and their operational status is
required.
Any licensees adjudged not to be providing substantial service will
not have their license renewed.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-7519 Filed 4-2-09; 8:45 am]
BILLING CODE 6712-01-P