Petition for Expedited Rulemaking and Other Relief on Behalf of American Bird Conservancy, Defenders of Wildlife and National Audubon Society, 21613-21614 [E9-10815]
Download as PDF
Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Proposed Rules
Dated: February 2, 2009.
Raynard S. Kington,
Acting Director, National Institutes of Health.
Approved: April 9, 2009.
Charles E. Johnson,
Acting Secretary.
[FR Doc. E9–10666 Filed 5–7–09; 8:45 am]
BILLING CODE 4140–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[DA 09–904; WT Docket No. 08–61, WT
Docket No. 03–187]
Petition for Expedited Rulemaking and
Other Relief on Behalf of American
Bird Conservancy, Defenders of
Wildlife and National Audubon Society
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
pwalker on PROD1PC71 with PROPOSALS
SUMMARY: In this document, comment is
sought on a petition for Expedited
Rulemaking and Other Relief on Behalf
of American Bird Conservancy,
Defenders of Wildlife and National
Audubon Society (Petitioners).
Petitioners request that the Commission
adopt new rules on an expedited basis
to comply with the National
Environmental Policy Act (NEPA), the
Endangered Species Act (ESA), and the
Migratory Bird Treaty Act (MBTA), and
their implementing regulations, and to
carry out the mandate of the U.S. Court
of Appeals for the District of Columbia
Circuit in American Bird Conservancy,
Inc. v. FCC, 516 F.3d 1027 (DC Cir.
2008).
DATES: Interested parties may file
comments on or before May 29, 2009,
and reply comments on or before June
15, 2009.
ADDRESSES: You may submit comments,
identified by WT Docket No. 08–61 and
WT Docket 03–187, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
VerDate Nov<24>2008
17:31 May 07, 2009
Jkt 217001
the Secretary, Federal Communications
Commission.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Aaron Goldschmidt, Spectrum and
Competition Policy Division, Wireless
Telecommunications Bureau at (202)
418–7146 or
Aaron.Goldschmidt@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s public
notice released on April 29, 2009. The
full text of the public notice is available
for public inspection and copying
during business hours in the FCC
Reference Information Center, Portals II,
445 12th Street, SW., Room CY–A257,
Washington, DC 20554. It also may be
purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20554; the contractor’s
Web site, https://www.bcpiweb.com; or
by calling (800) 378–3160, facsimile
(202) 488–5563, or e-mail
FCC@BCPIWEB.com. Copies of the
public notice also may be obtained via
the Commission’s Electronic Comment
Filing System (ECFS) by entering the
docket number, WT Docket No. 08–61
or WT Docket No. 03–187. Additionally,
the complete item is available on the
Federal Communications Commission’s
Web site at https://www.fcc.gov.
On April 14, 2009, American Bird
Conservancy, Defenders of Wildlife and
National Audubon Society (Petitioners)
filed a petition requesting that the
Federal Communications Commission
(Commission) adopt new rules on an
expedited basis to comply with the
National Environmental Policy Act
(NEPA), the Endangered Species Act
(ESA), and the Migratory Bird Treaty
Act (MBTA), and their implementing
regulations, and to carry out the
mandate of the U.S. Court of Appeals for
the District of Columbia Circuit in
American Bird Conservancy, Inc. v.
FCC, 516 F.3d 1027 (DC Cir. 2008).1
Specifically, Petitioners request that
the FCC undertake the following
1 In the Matter of Amendment of Part 1 of the
Commission’s Rules Regarding Environmental
Compliance Procedures for Processing Antenna
Structure Registration Applications, WT Docket No.
08–61, filed April 14, 2009 (Petition).
PO 00000
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Fmt 4702
Sfmt 4702
21613
actions: Amend the Commission’s
regulations that implement NEPA,
‘‘consistent with Council on
Environmental Quality regulations and
guidance,’’ to ‘‘cure deficiencies’’ and to
ensure that only Commission actions
that have no significant environmental
effects individually or cumulatively are
categorically excluded; Prepare a
programmatic environmental impact
statement addressing the environmental
consequences of its Antenna Structure
Registration (ASR) program on
migratory birds, their habitats, and the
environment; Promulgate rules to clarify
the roles, responsibilities and
obligations of the Commission,
applicants, and non-federal
representatives in complying with the
ESA; Consult with the U.S. Fish and
Wildlife Service on the ASR program
regarding all effects of towers and
antenna structures on endangered and
threatened species; and complete the
proposed rulemaking in WT Docket No.
03–187 to adopt measures to reduce
migratory bird deaths in compliance
with the MBTA.2
Procedural Matters: This proceeding
has been designated as a ‘‘permit-butdisclose’’ proceeding in accordance
with the Commission’s ex parte rules.3
Parties making oral ex parte
presentations in this proceeding are
reminded that memoranda summarizing
the presentation must contain the
presentation’s substance and not merely
list the subjects discussed.4 More than a
one- or two-sentence description of the
views and arguments presented is
generally required.5
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415 and
1.419, interested parties may file
comments on or before May 29, 2009
and reply comments on or before June
15, 2009. Comments may be filed using:
(1) The Commission’s Electronic
Comment Filing System (ECFS), (2) the
Federal Government’s eRulemaking
Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(May 1, 1998).
Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/or the Federal eRulemaking
Portal: https://www.regulations.gov.
Filers should follow the instructions
2 Petition
at iv–v.
47 CFR 1.1200(a), 1.1206.
4 See Commission Emphasizes the Public’s
Responsibilities in Permit-But-Disclose
Proceedings, Public Notice, 15 FCC Rcd 19945
(2000).
5 See 47 CFR 1.1206(b)(2). Other rules pertaining
to oral and written presentations are also set forth
in 1.1206(b). See 47 CFR 1.1206(b).
3 See
E:\FR\FM\08MYP1.SGM
08MYP1
pwalker on PROD1PC71 with PROPOSALS
21614
Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Proposed Rules
provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or
rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing
instructions, filers should send an email to ecfs@fcc.gov, and include the
following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
The Commission’s contractor will
receive hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Parties shall send one copy of their
comments and reply comments to Best
Copy and Printing, Inc., Portals II, 445
VerDate Nov<24>2008
17:31 May 07, 2009
Jkt 217001
12th Street, SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
e-mail FCC@BCPIWEB.com. Comments
filed in response to this document will
be available for public inspection and
copying during business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554, and
via the Commission’s Electronic
Comment Filing System (ECFS) by
entering the docket number, WT Docket
No. 08–165. The comments may also be
purchased from Best Copy and Printing,
Inc., telephone (800) 378–3160,
facsimile (202) 488–5563, or e-mail
FCC@BCPIWEB.com.
Federal Communications Commission.
James D. Schlichting,
Acting Chief, Wireless Telecommunications
Bureau.
[FR Doc. E9–10815 Filed 5–7–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R7–ES–2008–0105; 92210–1117–
0000–B4]
RIN 1018–AV92
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Southwest Alaska
Distinct Population Segment of the
Northern Sea Otter (Enhydra lutris
kenyoni)
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
public comment period; notice of public
hearing.
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on our proposal to designate critical
habitat for the southwest Alaska Distinct
Population Segment (DPS) of the
northern sea otter (Enhydra lutris
kenyoni) under the Endangered Species
Act of 1973, as amended (Act). This
action will provide all interested parties
with an additional opportunity to
submit written comments on our
December 16, 2008, proposed rule to
designate approximately 15,225 square
kilometers (km2) (5,879 square miles
(mi2)) as critical habitat.
DATES: We are reopening the comment
period until July 1, 2009. For more
information, see Public Comments
Solicited section below.
SUMMARY:
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Fmt 4702
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ADDRESSES:
Public Comments: You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R7–
ES–2008–0105; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
Public Hearing: We will hold one
public hearing on June 18, 2009, at the
Z.J. Loussac Library in Anchorage,
Alaska. There will be an informational
meeting with a questions and answer
session from 7 p.m. to 7:30 p.m. and we
will accept public comments verbally
from 7:30 p.m. to 9:30 p.m. In addition
to having the opportunity to provide
oral comments in person, telephone
access will be provided for this hearing.
Contact the Marine Mammals
Management Office (see FOR FURTHER
INFORMATION CONTACT) for more
information about this public hearing.
We will post all information received
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Public Comments Solicited
section below for more details).
FOR FURTHER INFORMATION CONTACT:
Douglas M. Burn, Marine Mammals
Management Office, U.S. Fish and
Wildlife Service, 1011 East Tudor Road,
Anchorage, AK 99503; telephone 907/
786–3800; facsimile 907/786–3816. If
you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2008, we published
a proposed rule to designate
approximately 15,225 square kilometers
(km2) (5,879 square miles (mi2)) as
critical habitat for the southwest Alaska
DPS of the northern sea otter (73 FR
76454). We accepted public comments
on this proposed rule for 60 days,
ending on February 17, 2009. During
that period, we received 15 submissions
from various individuals, communities,
and organizations. Recognizing that the
original public comment period
partially overlapped with the holiday
season, we are reopening the public
comment period to provide additional
time for concerned individuals to
provide input on the proposed
designation.
We intend that any final action
resulting from this proposal will be as
E:\FR\FM\08MYP1.SGM
08MYP1
Agencies
[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Proposed Rules]
[Pages 21613-21614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10815]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[DA 09-904; WT Docket No. 08-61, WT Docket No. 03-187]
Petition for Expedited Rulemaking and Other Relief on Behalf of
American Bird Conservancy, Defenders of Wildlife and National Audubon
Society
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, comment is sought on a petition for
Expedited Rulemaking and Other Relief on Behalf of American Bird
Conservancy, Defenders of Wildlife and National Audubon Society
(Petitioners). Petitioners request that the Commission adopt new rules
on an expedited basis to comply with the National Environmental Policy
Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird
Treaty Act (MBTA), and their implementing regulations, and to carry out
the mandate of the U.S. Court of Appeals for the District of Columbia
Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC
Cir. 2008).
DATES: Interested parties may file comments on or before May 29, 2009,
and reply comments on or before June 15, 2009.
ADDRESSES: You may submit comments, identified by WT Docket No. 08-61
and WT Docket 03-187, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Aaron Goldschmidt, Spectrum and
Competition Policy Division, Wireless Telecommunications Bureau at
(202) 418-7146 or Aaron.Goldschmidt@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public
notice released on April 29, 2009. The full text of the public notice
is available for public inspection and copying during business hours in
the FCC Reference Information Center, Portals II, 445 12th Street, SW.,
Room CY-A257, Washington, DC 20554. It also may be purchased from the
Commission's duplicating contractor at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554; the contractor's Web site,
https://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202)
488-5563, or e-mail FCC@BCPIWEB.com. Copies of the public notice also
may be obtained via the Commission's Electronic Comment Filing System
(ECFS) by entering the docket number, WT Docket No. 08-61 or WT Docket
No. 03-187. Additionally, the complete item is available on the Federal
Communications Commission's Web site at https://www.fcc.gov.
On April 14, 2009, American Bird Conservancy, Defenders of Wildlife
and National Audubon Society (Petitioners) filed a petition requesting
that the Federal Communications Commission (Commission) adopt new rules
on an expedited basis to comply with the National Environmental Policy
Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird
Treaty Act (MBTA), and their implementing regulations, and to carry out
the mandate of the U.S. Court of Appeals for the District of Columbia
Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC
Cir. 2008).\1\
---------------------------------------------------------------------------
\1\ In the Matter of Amendment of Part 1 of the Commission's
Rules Regarding Environmental Compliance Procedures for Processing
Antenna Structure Registration Applications, WT Docket No. 08-61,
filed April 14, 2009 (Petition).
---------------------------------------------------------------------------
Specifically, Petitioners request that the FCC undertake the
following actions: Amend the Commission's regulations that implement
NEPA, ``consistent with Council on Environmental Quality regulations
and guidance,'' to ``cure deficiencies'' and to ensure that only
Commission actions that have no significant environmental effects
individually or cumulatively are categorically excluded; Prepare a
programmatic environmental impact statement addressing the
environmental consequences of its Antenna Structure Registration (ASR)
program on migratory birds, their habitats, and the environment;
Promulgate rules to clarify the roles, responsibilities and obligations
of the Commission, applicants, and non-federal representatives in
complying with the ESA; Consult with the U.S. Fish and Wildlife Service
on the ASR program regarding all effects of towers and antenna
structures on endangered and threatened species; and complete the
proposed rulemaking in WT Docket No. 03-187 to adopt measures to reduce
migratory bird deaths in compliance with the MBTA.\2\
---------------------------------------------------------------------------
\2\ Petition at iv-v.
---------------------------------------------------------------------------
Procedural Matters: This proceeding has been designated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules.\3\ Parties making oral ex parte presentations in this
proceeding are reminded that memoranda summarizing the presentation
must contain the presentation's substance and not merely list the
subjects discussed.\4\ More than a one- or two-sentence description of
the views and arguments presented is generally required.\5\
---------------------------------------------------------------------------
\3\ See 47 CFR 1.1200(a), 1.1206.
\4\ See Commission Emphasizes the Public's Responsibilities in
Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945
(2000).
\5\ See 47 CFR 1.1206(b)(2). Other rules pertaining to oral and
written presentations are also set forth in 1.1206(b). See 47 CFR
1.1206(b).
---------------------------------------------------------------------------
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415 and 1.419, interested parties may file comments on or
before May 29, 2009 and reply comments on or before June 15, 2009.
Comments may be filed using: (1) The Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).
Electronic Filers: Comments may be filed electronically using the
Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/or the
Federal eRulemaking Portal: https://www.regulations.gov. Filers should
follow the instructions
[[Page 21614]]
provided on the Web site for submitting comments.
For ECFS filers, if multiple docket or rulemaking numbers appear in
the caption of this proceeding, filers must transmit one electronic
copy of the comments for each docket or rulemaking number referenced in
the caption. In completing the transmittal screen, filers should
include their full name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be
addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Parties shall send one copy of their comments and reply comments to
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room
CY-B402, Washington, DC 20554, (800) 378-3160, e-mail FCC@BCPIWEB.com.
Comments filed in response to this document will be available for
public inspection and copying during business hours in the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554, and via the Commission's Electronic
Comment Filing System (ECFS) by entering the docket number, WT Docket
No. 08-165. The comments may also be purchased from Best Copy and
Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, or
e-mail FCC@BCPIWEB.com.
Federal Communications Commission.
James D. Schlichting,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. E9-10815 Filed 5-7-09; 8:45 am]
BILLING CODE P