Assessment and Collection of Regulatory Fees for Fiscal Year 2008, 36948-36950 [E9-17813]
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36948
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Appendix B to Part 300 [Amended]
2. Table 1 of Appendix B to part 300
is amended by removing ‘‘Southern
California Edison Co. (Visalia) Visalia,
CA.’’
■
[FR Doc. E9–17562 Filed 7–24–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MD Docket No. 08–65; FCC 09–38]
Assessment and Collection of
Regulatory Fees for Fiscal Year 2008
AGENCY: Federal Communications
Commission.
ACTION:
Final rule.
SUMMARY: In this document, pursuant to
section 9(b)(3) of the Communications
Act, we eliminate two international
regulatory fee categories from our
Schedule of Regulatory Fees—
International Public Fixed and
International High Frequency (HF)
Broadcast Stations.
DATES: Effective August 18, 2009, which
is 90 days from the date of notification
to Congress pursuant to section 9(b)(3)
of the Communications Act.
FOR FURTHER INFORMATION CONTACT:
Daniel Daly, Office of Managing Director
at (202) 418–1832.
This is a
summary of the Commission’s Order,
MD Docket 08–65, FCC 09–38, adopted
on May 11, 2009 and released on May
14, 2009. The full text of this document
is available on the Commission’s
Internet site at https://www.fcc.gov. It is
also available for inspection and
copying during regular business hours
in the FCC Reference Center (Room CY–
A257), 445 12th St., SW., Washington,
DC 20554. The full text of this
document also may be purchased from
the Commission’s duplication
contractor, Best Copy and Printing Inc.,
Portals II, 445 12th St., SW., Room CY–
B402, Washington, DC 20554; telephone
(202) 488–5300; fax (202) 488–5563;
e-mail FCC@BCPIWEB.COM. The
Commission will send a copy of this
Order to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
rmajette on DSK29S0YB1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
14:57 Jul 24, 2009
Jkt 217001
Summary of the Report and Order
Order,1
1. In our FY 2008 Report and
we sought comment on eliminating
several categories of services from our
schedule of regulatory fees.2 We
received no comments on these
proposals. For the reasons set forth
below, we eliminate the regulatory fee
categories for International Public Fixed
Radio 3 and International High
Frequency Broadcast Stations.4
2. There is only one licensee in the
International Public Fixed Radio
category. In the FY 2008 Report and
Order we stated that we did not expect
any additional licensees or applications
in this fee category, and that this
category did not generate any regulatory
fee revenue for the Commission in FY
2008.5 As a result, we proposed in our
FY 2008 Report and Order to eliminate
this category from our schedule of
regulatory fees in order to reduce the
administrative burden on the
Commission in assessing this regulatory
fee category.6 We received no comments
on this issue. We, therefore, eliminate
this category from the regulatory fee
schedule.
3. There are only 25 licensed stations
in the International High Frequency
Broadcast Stations category. In FY 2008,
two entities made payments in this fee
category totaling $1,720. In the FY 2008
Report and Order we observed that most
of these licensees are tax-exempt
organizations (and exempt from paying
regulatory fees), and as a result, we
proposed to eliminate this category from
our schedule of regulatory fees in order
to reduce the administrative burden on
the Commission.7 We did not receive
any comments on this issue. We,
therefore, eliminate this category from
the regulatory fee schedule.
4. Pursuant to section 9(b)(3) of the
Act, we eliminate the International
Public Fixed Radio and International
High Frequency Broadcast Station fee
categories from our schedule of
1 See Assessment and Collection of Regulatory
Fees for Fiscal Year 2008, MD Docket No. 08–65,
Report and Order and Further Notice of Proposed
Rulemaking, 24 FCC Rcd 6389 (2008) (‘‘FY 2008
Report and Order’’).
2 In this Order, we adopted only the proposals
concerning International Fixed Public Radio and
International High Frequency Broadcast Stations
raised in paragraphs 55 and 56 in the Further
Notice of Proposed Rulemaking in the FY 2008
Report and Order. The remaining outstanding
matters stemming from the August 8, 2008 Further
Notice of Proposed Rulemaking may, however, be
decided at a later time in a separate Report and
Order. See FY 2008 Report and Order.
3 See 47 CFR Part 23.
4 See 47 CFR Part 73, Subpart F.
5 FY 2008 Report and Order at paragraph 55.
6 FY 2008 Report and Order at paragraph 55.
7 FY 2008 Report and Order at paragraph 56.
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Frm 00024
Fmt 4700
Sfmt 4700
regulatory fees.8 Section 9(b)(4)(B) of the
Act requires us to notify Congress 90
days before the effective date of this rule
change.9 In letters dated May 20, 2009,
we provided Congress notification of
this Order. These permitted
amendments to our fee schedule will
become effective on August 18, 2009,
which is 90 days after notification to
Congress, if there is no Congressional
objection.
5. A final regulatory flexibility
certification for the changes adopted in
the Order herein is contained below.
The Commission will send a copy of the
Order, including the final regulatory
flexibility certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Final Regulatory Flexibility
Certification
6. The Regulatory Flexibility Act of
1980, as amended (RFA) 10 requires that
a regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ 11 The RFA generally defines
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ 12 In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act.13 A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).14
7. As required by the RFA,15 an Initial
Regulatory Flexibility Analysis (IRFA)
8 47
U.S.C. 159(b)(3).
U.S.C. 159(b)(4)(B).
10 The RFA, see 5 U.S.C. 601 et seq. has been
amended by the Contract With America
Advancement Act of 1996, Public Law 104–121,
110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
11 5 U.S.C. 605(b).
12 5 U.S.C. 601(6).
13 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’
14 Small Business Act, 15 U.S.C. 632.
15 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
857 (1996).
9 47
E:\FR\FM\27JYR1.SGM
27JYR1
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations
was incorporated in the Commission’s
Further Notice of Proposed
Rulemaking.16 The Commission sought
written public comment on the
proposals in the Further Notice of
Proposed Rulemaking, including
comment on the IRFA.
8. In our Further Notice of Proposed
Rulemaking we sought comment on
eliminating several categories of
services from our schedule of regulatory
fees. We received no comments on these
proposals. For the reasons set forth
below, in the Order contained herein,
we eliminate the regulatory fee
categories for International Public Fixed
Radio 17 and International High
Frequency Broadcast Stations.18 There
is only one licensee in the International
Public Fixed Radio category. In the
Further Notice of Proposed Rulemaking
we stated that we did not expect any
additional licensees or applications in
this category, and it did not generate
any regulatory fee revenue for the
Commission in FY 2008.19 Eliminating
this category from our schedule of
regulatory fees will not have not have a
significant economic impact on a
substantial number of small entities. In
the International High Frequency
Broadcast Stations category, there are
only 25 licensed stations. In the Further
Notice of Proposed Rulemaking we
observed that most of these licensees are
tax-exempt organizations that are
exempt from payment of regulatory
fees.20 In FY 2008, two entities made
payments in this fee category; those
payments totaled $1,720. Eliminating
this category from our schedule of
regulatory fees will not have not have a
significant economic impact on a
substantial number of small entities.
9. Certification: Therefore, we certify
that the requirements of this Order will
not have a significant economic impact
on a substantial number of small
entities.
10. Report to Small Business
Administration: The Commission will
send a copy of this Order, including a
copy of the Final Regulatory Flexibility
Certification to the Chief Counsel for
Advocacy of the Small Business
Administration. The Order and Final
Regulatory Flexibility Certification (or
summaries thereof) will also be
published in the Federal Register.
11. Report to Congress: The
Commission will send a copy of this
Final Regulatory Flexibility
Certification, along with this Order, in
a report to Congress pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
Ordering Clauses
12. Accordingly, it is ordered that,
pursuant to sections 4(i) and (j), 9, and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), 159, and 303(r), this Order is
hereby adopted.
13. It is further ordered that Part 1 of
the Commission’s rules are amended as
set forth herein, and these rules shall
become effective 90 days after
Congressional notification.
14. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order, including the Final
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
U.S. Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 to
read as follows:
■
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for Part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), and
309.
2. Section 1.1156(a) is revised to read
as follows:
■
§ 1.1156 Schedule of regulatory fees and
filing locations for International Services.
(a) The following schedule applies for
the listed services:
Fee amount
rmajette on DSK29S0YB1PROD with RULES
(1) Space Stations (Geostationary Orbit) ...................................................
(2) Space Stations (Non-Geostationary Orbit) ............................................
(3) Earth Stations: Transmit/Receive & Transmit only (per authorization
or registration).
16 See Assessment and Collection of Regulatory
Fees for Fiscal Year 2008, MD Docket No. 08–65,
Report and Order and Further Notice of Proposed
VerDate Nov<24>2008
14:57 Jul 24, 2009
Jkt 217001
PO 00000
Frm 00025
Fmt 4700
Address
..................................................
..................................................
..................................................
Rulemaking, 24 FCC Rcd 6389 (2008) (‘‘FY 2008
Report and Order’’) at Appendix B.
17 See 47 CFR Part 23.
Sfmt 4700
36949
FCC, Space Stations.
FCC, Space Stations.
FCC, Earth Station.
18 See
47 CFR Part 73, Subpart F.
2008 Report and Order at paragraph 55.
20 FY 2008 Report and Order at paragraph 56.
19 FY
E:\FR\FM\27JYR1.SGM
27JYR1
36950
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Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations
*
*
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[FR Doc. E9–17813 Filed 7–24–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–9056–02]
RIN 0648–XQ51
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the West Yakutat District of the Gulf
of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
rmajette on DSK29S0YB1PROD with RULES
SUMMARY: NMFS is prohibiting directed
fishing for Pacific ocean perch by
catcher processors participating in the
limited access or opt-out fisheries that
are subject to sideboard limits
established under the Central Gulf of
Alaska (GOA) Rockfish Pilot Program
(RPP) in the Western Yakutat District of
the GOA. This action is necessary to
prevent exceeding the 2009 sideboard
limits of Pacific ocean perch established
for catcher processors participating in
the limited access or opt-out fisheries in
the Western Regulatory Area of the
GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 22, 2009, through 1200
hrs, A.l.t., July 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens 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.
The 2009 Pacific ocean perch
sideboard limit established for catcher
processors participating in the limited
access or opt-out fisheries that are
subject to sideboard limits in the RPP in
the West Yakutat District is 727 metric
tons (mt). The sideboard limit is
established by the final 2009 and 2010
harvest specifications for groundfish of
VerDate Nov<24>2008
14:57 Jul 24, 2009
Jkt 217001
the GOA (74 FR 7333, February 17,
2009) and as posted as the 2009
Rockfish Program Catcher Processor
Sideboards at
https://alaskafisheries.noaa.gov/
sustainablefisheries/goarat/default.htm.
In accordance with
§ 679.82(d)(7)(i)(A), the Administrator,
Alaska Region, NMFS (Regional
Administrator) has determined that the
2009 Pacific ocean perch sideboard
limit established for catcher processors
participating in the limited access or
opt-out fisheries in the West Yakutat
District of the GOA has been reached.
The Regional Administrator is
establishing the full sideboard limit as
a directed fishing allowance of 727 mt,
because no other groundfish fisheries
are anticipated that would require a set
aside of Pacific ocean perch as bycatch.
Consequently, pursuant to
§ 679.82(d)(7)(ii) NMFS is prohibiting
directed fishing for Pacific ocean perch
by vessels subject to the sideboard
sideboard limit established for catcher
processors participating in the limited
access or opt-out fisheries in the West
Yakutat District.
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 ocean perch
sideboard limit for catcher processors
participating in the limited access or
opt-out fisheries in the Western
Regulatory Area. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of July 21, 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 § 679.82
and is exempt from review under
Executive Order 12866.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Authority: 16 U.S.C. 1801 et seq.
Dated: July 22, 2009.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–17835 Filed 7–22–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910091344–9056–02]
RIN 0648–XQ52
Fisheries of the Exclusive Economic
Zone Off Alaska; Pelagic Shelf
Rockfish by Vessels Subject to
Amendment 80 Sideboard Limits in the
Western Regulatory Area of the Gulf of
Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for pelagic shelf rockfish (PSR)
by Amendment 80 vessels subject to
sideboard limits in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2009 PSR
sideboard limit established for
Amendment 80 vessels subject to
sideboard limits in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 22, 2009, until 2400
hrs, A.l.t., December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens 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.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 679.
The 2009 PSR sideboard limit
established for Amendment 80 vessels
subject to sideboard limits in the
E:\FR\FM\27JYR1.SGM
27JYR1
]]>Agencies
[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Rules and Regulations]
[Pages 36948-36950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17813]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MD Docket No. 08-65; FCC 09-38]
Assessment and Collection of Regulatory Fees for Fiscal Year 2008
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, pursuant to section 9(b)(3) of the
Communications Act, we eliminate two international regulatory fee
categories from our Schedule of Regulatory Fees--International Public
Fixed and International High Frequency (HF) Broadcast Stations.
DATES: Effective August 18, 2009, which is 90 days from the date of
notification to Congress pursuant to section 9(b)(3) of the
Communications Act.
FOR FURTHER INFORMATION CONTACT: Daniel Daly, Office of Managing
Director at (202) 418-1832.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
MD Docket 08-65, FCC 09-38, adopted on May 11, 2009 and released on May
14, 2009. The full text of this document is available on the
Commission's Internet site at https://www.fcc.gov. It is also available
for inspection and copying during regular business hours in the FCC
Reference Center (Room CY-A257), 445 12th St., SW., Washington, DC
20554. The full text of this document also may be purchased from the
Commission's duplication contractor, Best Copy and Printing Inc.,
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554;
telephone (202) 488-5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM.
The Commission will send a copy of this Order to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Summary of the Report and Order
1. In our FY 2008 Report and Order,\1\ we sought comment on
eliminating several categories of services from our schedule of
regulatory fees.\2\ We received no comments on these proposals. For the
reasons set forth below, we eliminate the regulatory fee categories for
International Public Fixed Radio \3\ and International High Frequency
Broadcast Stations.\4\
---------------------------------------------------------------------------
\1\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2008, MD Docket No. 08-65, Report and Order and Further Notice
of Proposed Rulemaking, 24 FCC Rcd 6389 (2008) (``FY 2008 Report and
Order'').
\2\ In this Order, we adopted only the proposals concerning
International Fixed Public Radio and International High Frequency
Broadcast Stations raised in paragraphs 55 and 56 in the Further
Notice of Proposed Rulemaking in the FY 2008 Report and Order. The
remaining outstanding matters stemming from the August 8, 2008
Further Notice of Proposed Rulemaking may, however, be decided at a
later time in a separate Report and Order. See FY 2008 Report and
Order.
\3\ See 47 CFR Part 23.
\4\ See 47 CFR Part 73, Subpart F.
---------------------------------------------------------------------------
2. There is only one licensee in the International Public Fixed
Radio category. In the FY 2008 Report and Order we stated that we did
not expect any additional licensees or applications in this fee
category, and that this category did not generate any regulatory fee
revenue for the Commission in FY 2008.\5\ As a result, we proposed in
our FY 2008 Report and Order to eliminate this category from our
schedule of regulatory fees in order to reduce the administrative
burden on the Commission in assessing this regulatory fee category.\6\
We received no comments on this issue. We, therefore, eliminate this
category from the regulatory fee schedule.
---------------------------------------------------------------------------
\5\ FY 2008 Report and Order at paragraph 55.
\6\ FY 2008 Report and Order at paragraph 55.
---------------------------------------------------------------------------
3. There are only 25 licensed stations in the International High
Frequency Broadcast Stations category. In FY 2008, two entities made
payments in this fee category totaling $1,720. In the FY 2008 Report
and Order we observed that most of these licensees are tax-exempt
organizations (and exempt from paying regulatory fees), and as a
result, we proposed to eliminate this category from our schedule of
regulatory fees in order to reduce the administrative burden on the
Commission.\7\ We did not receive any comments on this issue. We,
therefore, eliminate this category from the regulatory fee schedule.
---------------------------------------------------------------------------
\7\ FY 2008 Report and Order at paragraph 56.
---------------------------------------------------------------------------
4. Pursuant to section 9(b)(3) of the Act, we eliminate the
International Public Fixed Radio and International High Frequency
Broadcast Station fee categories from our schedule of regulatory
fees.\8\ Section 9(b)(4)(B) of the Act requires us to notify Congress
90 days before the effective date of this rule change.\9\ In letters
dated May 20, 2009, we provided Congress notification of this Order.
These permitted amendments to our fee schedule will become effective on
August 18, 2009, which is 90 days after notification to Congress, if
there is no Congressional objection.
---------------------------------------------------------------------------
\8\ 47 U.S.C. 159(b)(3).
\9\ 47 U.S.C. 159(b)(4)(B).
---------------------------------------------------------------------------
5. A final regulatory flexibility certification for the changes
adopted in the Order herein is contained below. The Commission will
send a copy of the Order, including the final regulatory flexibility
certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
Final Regulatory Flexibility Certification
6. The Regulatory Flexibility Act of 1980, as amended (RFA) \10\
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' \11\ The RFA generally defines ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \12\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\13\ A small
business concern is one which: (1) Is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).\14\
---------------------------------------------------------------------------
\10\ The RFA, see 5 U.S.C. 601 et seq. has been amended by the
Contract With America Advancement Act of 1996, Public Law 104-121,
110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\11\ 5 U.S.C. 605(b).
\12\ 5 U.S.C. 601(6).
\13\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in Small Business Act, 15 U.S.C. 632).
Pursuant to 5 U.S.C. 601(3), the statutory definition of a small
business applies ``unless an agency, after consultation with the
Office of Advocacy of the Small Business Administration and after
opportunity for public comment, establishes one or more definitions
of such term which are appropriate to the activities of the agency
and publishes such definition(s) in the Federal Register.''
\14\ Small Business Act, 15 U.S.C. 632.
---------------------------------------------------------------------------
7. As required by the RFA,\15\ an Initial Regulatory Flexibility
Analysis (IRFA)
[[Page 36949]]
was incorporated in the Commission's Further Notice of Proposed
Rulemaking.\16\ The Commission sought written public comment on the
proposals in the Further Notice of Proposed Rulemaking, including
comment on the IRFA.
---------------------------------------------------------------------------
\15\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\16\ See Assessment and Collection of Regulatory Fees for Fiscal
Year 2008, MD Docket No. 08-65, Report and Order and Further Notice
of Proposed Rulemaking, 24 FCC Rcd 6389 (2008) (``FY 2008 Report and
Order'') at Appendix B.
---------------------------------------------------------------------------
8. In our Further Notice of Proposed Rulemaking we sought comment
on eliminating several categories of services from our schedule of
regulatory fees. We received no comments on these proposals. For the
reasons set forth below, in the Order contained herein, we eliminate
the regulatory fee categories for International Public Fixed Radio \17\
and International High Frequency Broadcast Stations.\18\ There is only
one licensee in the International Public Fixed Radio category. In the
Further Notice of Proposed Rulemaking we stated that we did not expect
any additional licensees or applications in this category, and it did
not generate any regulatory fee revenue for the Commission in FY
2008.\19\ Eliminating this category from our schedule of regulatory
fees will not have not have a significant economic impact on a
substantial number of small entities. In the International High
Frequency Broadcast Stations category, there are only 25 licensed
stations. In the Further Notice of Proposed Rulemaking we observed that
most of these licensees are tax-exempt organizations that are exempt
from payment of regulatory fees.\20\ In FY 2008, two entities made
payments in this fee category; those payments totaled $1,720.
Eliminating this category from our schedule of regulatory fees will not
have not have a significant economic impact on a substantial number of
small entities.
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\17\ See 47 CFR Part 23.
\18\ See 47 CFR Part 73, Subpart F.
\19\ FY 2008 Report and Order at paragraph 55.
\20\ FY 2008 Report and Order at paragraph 56.
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9. Certification: Therefore, we certify that the requirements of
this Order will not have a significant economic impact on a substantial
number of small entities.
10. Report to Small Business Administration: The Commission will
send a copy of this Order, including a copy of the Final Regulatory
Flexibility Certification to the Chief Counsel for Advocacy of the
Small Business Administration. The Order and Final Regulatory
Flexibility Certification (or summaries thereof) will also be published
in the Federal Register.
11. Report to Congress: The Commission will send a copy of this
Final Regulatory Flexibility Certification, along with this Order, in a
report to Congress pursuant to the Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
Ordering Clauses
12. Accordingly, it is ordered that, pursuant to sections 4(i) and
(j), 9, and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), 159, and 303(r), this Order is hereby adopted.
13. It is further ordered that Part 1 of the Commission's rules are
amended as set forth herein, and these rules shall become effective 90
days after Congressional notification.
14. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the U.S. Small
Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 1 to read as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for Part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
0
2. Section 1.1156(a) is revised to read as follows:
Sec. 1.1156 Schedule of regulatory fees and filing locations for
International Services.
(a) The following schedule applies for the listed services:
----------------------------------------------------------------------------------------------------------------
Fee amount Address
----------------------------------------------------------------------------------------------------------------
(1) Space Stations (Geostationary Orbit)....... ............................ FCC, Space Stations.
(2) Space Stations (Non-Geostationary Orbit)... ............................ FCC, Space Stations.
(3) Earth Stations: Transmit/Receive & Transmit ............................ FCC, Earth Station.
only (per authorization or registration).
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[[Page 36950]]
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[FR Doc. E9-17813 Filed 7-24-09; 8:45 am]
BILLING CODE 6712-01-P
