Notice of Public Information Collections Being Submitted to the Office of Management and Budget for Review and Approval, Comments Requested, 55224-55227 [E9-25814]

Download as PDF 55224 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Notices Minutes: Minutes will be available by writing or calling Patricia J. Halsey at the address and phone number listed above. Minutes will also be available at the following Web site: https:// www.oakridge.doe.gov/em/ssab/ minutes.htm. Issued at Washington, DC on October 20, 2009. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E9–25843 Filed 10–26–09; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY DOE/NSF Nuclear Science Advisory Committee AGENCY: Department of Energy, Office of Science. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the DOE/NSF Nuclear Science Advisory Committee (NSAC). The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register. DATES: Thursday, November 5, 2009, 8:30 a.m. to 5 p.m. ADDRESSES: Marriott Crystal Gateway Hotel, 1700 Jefferson Davis Highway, Arlington, Virginia 22202. FOR FURTHER INFORMATION CONTACT: Brenda L. May, U.S. Department of Energy; SC–26/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585–1290; Telephone: 301–903–0536. SUPPLEMENTARY INFORMATION: Purpose of Meeting: To provide advice and guidance on a continuing basis to the Department of Energy and the National Science Foundation on scientific priorities within the field of basic nuclear science research. Tentative Agenda: Agenda will include discussions of the following: pwalker on DSK8KYBLC1PROD with NOTICES Thursday, November 5, 2009 • Perspectives from Department of Energy and National Science Foundation. • Presentation and Discussion of the Interim Report II from the Isotope Subcommittee. • Discussion of the Committee of Visitors Charge. • Public Comment (10-minute rule). Public Participation: The meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of VerDate Nov<24>2008 16:45 Oct 26, 2009 Jkt 220001 these items on the agenda, you should contact Brenda L. May, 301–903–0536 or Brenda.May@science.doe.gov (email). You must make your request for an oral statement at least 5 business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. This notice is being published less than 15 days before the date of the meeting due to programmatic issues. Minutes: The minutes of the meeting will be available on the U.S. Department of Energy’s Office of Nuclear Physics Web site for viewing. Issues at Washington, DC on October 20, 2009. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E9–25846 Filed 10–26–09; 8:45 am] BILLING CODE 6450–01–P FEDERAL COMMUNICATIONS COMMISSION. Notice of Public Information Collections Being Submitted to the Office of Management and Budget for Review and Approval, Comments Requested 10/21/2009. 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 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 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 collection techniques or other forms of information technology. DATES: Persons wishing to comment on this information collection should submit comments on November 27, 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), via fax at (202) 395–5167, or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams, Federal Communications Commission (FCC), 445 12th Street SW, Room 1–C823, Washington, DC 20554. To submit your comments by e–mail send then to: PRA@fcc.gov and to Cathy.Williams@fcc.gov. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to web page: https://www.reginfo.gov/public/ do/PRAMain, (2) look for the section of the web page called ’’Currently Under Review’’, (3) click on 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 FCC list appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR. FOR FURTHER INFORMATION CONTACT: For additional information about the information collections send an e–mail to PRA@fcc.gov or contact Cathy Williams on (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–1106. Title: Licensing and Service Rules for Vehicle Mounted Earth Stations (VMES). Form No.: Not Applicable. Type of Review: Revision of a currently approved collection. Respondents: Business or other for– profit entities. Number of Respondents: 10 respondents; 10 responses. Estimated Time per Response: 0.25 hours – 24 hours. Frequency of Response: On occasion reporting requirement; Recordkeeping requirement; Third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The Commission has statutory approval for the information collection requirements under Sections 1, 4(i), 4(j), 7(a), 301, E:\FR\FM\27OCN1.SGM 27OCN1 pwalker on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Notices 303(c), 303(f), 303(g), 303(r), 303(y) and 308 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 303(y), and 308. Total Annual Burden: 322 hours. Total Annual Cost: $104,300 annual costs. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality pertaining to the information collection requirements in this collection. Needs and Uses: On July 31, 2009, the Federal Communications Commission (’’Commission’’) released a Report and Order titled, ’’In the Matter of Amendment of Parts 2 and 25 of the Commission’s Rules to Allocate Spectrum and Adopt Service Rules and Procedures to Govern the Use of Vehicle–Mounted Earth Stations in Certain Frequency Bands Allocated to the Fixed–Satellite Service,’’ IB Docket No. 07–101, FCC 09–64 (hereinafter referred to as ’’VMES Report and Order’’). The VMES Report and Order adopts part 2 allocation rules and part 25 technical and licensing rules for a new domestic Ku–band VMES service. VMES service has the potential to deliver advanced mobile applications through satellite technology, including broadband, which will be beneficial for public safety and commercial purposes. The PRA information collection requirements contained in the VMES Report and Order are as follows: 1. 47 CFR 25.226(b)(1)(i) OR 47 CFR 25.226(b)(1)(ii) (i) Any VMES applicant filing an application pursuant to paragraph (a)(1) of this section shall file three tables showing the off–axis EIRP level of the proposed earth station antenna in the direction of the plane of the GSO; the co–polarized EIRP in the elevation plane, that is, the plane perpendicular to the plane of the GSO; and cross– polarized EIRP. Each table shall provide the EIRP level at increments of 0.1° for angles between 0° and 10° off–axis, and at increments of 5° for angles between 10° and 180° off–axis. OR 2. (ii) A VMES applicant shall include a certification, in Schedule B, that the VMES antenna conforms to the gain pattern criteria of § 25.209(a) and (b), that, combined with the maximum input power density calculated from the EIRP density less the antenna gain, which is entered in Schedule B, demonstrates that the off–axis EIRP spectral density envelope set forth in paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section will be met VerDate Nov<24>2008 16:45 Oct 26, 2009 Jkt 220001 under the assumption that the antenna is pointed at the target satellite. 3. 47 CFR 25.226(b)(1)(iii) (iii) A VMES applicant proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of this section shall provide a certification from the equipment manufacturer stating that the antenna tracking system will maintain a pointing error of less than or equal to 0.2° between the orbital location of the target satellite and the axis of the main lobe of the VMES antenna and that the antenna tracking system is capable of ceasing emissions within 100 milliseconds if the angle between the orbital location of the target satellite and the axis of the main lobe of the VMES antenna exceeds 0.5°. 4. 47 CFR 25.226(b)(1)(iv)(A), (B) A VMES applicant proposing to implement a transmitter under paragraph (a)(1)(ii)(B) of this section shall: (A) declare, in its application, a maximum antenna pointing error and demonstrate that the maximum antenna pointing error can be achieved without exceeding the off–axis EIRP spectral– density limits in paragraph (a)(1)(i) of this section; and (B) demonstrate that the VMES transmitter can detect if the transmitter exceeds the declared maximum antenna pointing error and can cease transmission within 100 milliseconds if the angle between the orbital location of the target satellite and the axis of the main lobe of the VMES antenna exceeds the declared maximum antenna pointing error, and will not resume transmissions until the angle between the orbital location of the target satellite and the axis of the main lobe of the VMES antenna is less than or equal to the declared maximum antenna pointing error. 5. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv) A VMES applicant proposing to implement a transmitter under paragraph (a)(2) of this section and using off–axis EIRP spectral–densities in excess of the levels in paragraph (a)(1)(i) of this section shall provide the following certifications and demonstration as exhibits to its earth station application: (i) A statement from the target satellite operator certifying that the proposed operation of the VMES has the potential to create harmful interference to satellite networks adjacent to the target satellite(s) that may be unacceptable. (ii) A statement from the target satellite operator certifying that the power–density levels that the VMES applicant provided to the target satellite operator are consistent with the existing coordination agreements between its satellite(s) and the adjacent satellite PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 55225 systems within 6° of orbital separation from its satellite(s). (iii) A statement from the target satellite operator certifying that it will include the power–density levels of the VMES applicant in all future coordination agreements. (iv) A demonstration from the VMES operator that the VMES system is capable of detecting and automatically ceasing emissions within 100 milliseconds when the transmitter exceeds the off–axis EIRP spectral– densities supplied to the target satellite operator. 6. 47 CFR 25.226(b)(3) A VMES applicant proposing to implement a VMES system under paragraph (a)(3) of this section and using variable power–density control of individual simultaneously transmitting co–frequency VMES earth stations in the same satellite receiving beam shall provide the following certifications and demonstration as exhibits to its earth station application: (i) The applicant shall make a detailed showing of the measures it intends to employ to maintain the effective aggregate EIRP–density from all simultaneously transmitting co– frequency terminals operating with the same satellite transponder at least 1 dB below the EIRP–density limits defined in paragraphs (a)(1)(i)(A)–(C) of this section. In this context the term ’’effective’’ means that the resultant co– polarized and cross–polarized EIRP– density experienced by any GSO or non–GSO satellite shall not exceed that produced by a single VMES transmitter operating at 1 dB below the limits defined in paragraphs (a)(1)(i)(A)–(C) of this section. The International Bureau will place this showing on Public Notice along with the application. (ii) An applicant proposing to implement a VMES under (a)(3)(ii) of this section that uses off–axis EIRP spectral–densities in excess of the levels in paragraph (a)(3)(i) of this section shall provide the following certifications, demonstration and list of satellites as exhibits to its earth station application: (A) A detailed showing of the measures the applicant intends to employ to maintain the effective aggregate EIRP–density from all simultaneously transmitting co– frequency terminals operating with the same satellite transponder at the EIRP– density limits supplied to the target satellite operator. The International Bureau will place this showing on Public Notice along with the application. (B) A statement from the target satellite operator certifying that the E:\FR\FM\27OCN1.SGM 27OCN1 pwalker on DSK8KYBLC1PROD with NOTICES 55226 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Notices proposed operation of the VMES has the potential to create harmful interference to satellite networks adjacent to the target satellite(s) that may be unacceptable. (C) A statement from the target satellite operator certifying that the aggregate power density levels that the VMES applicant provided to the target satellite operator are consistent with the existing coordination agreements between its satellite(s) and the adjacent satellite systems within 6° of orbital separation from its satellite(s). (D) A statement from the target satellite operator certifying that it will include the aggregate power–density levels of the VMES applicant in all future coordination agreements. (E) A demonstration from the VMES operator that the VMES system is capable of detecting and automatically ceasing emissions within 100 milliseconds when an individual transmitter exceeds the off–axis EIRP spectral–densities supplied to the target satellite operator and that the overall system is capable of shutting off an individual transmitter or the entire system if the aggregate off–axis EIRP spectral–densities exceed those supplied to the target satellite operator. (F) An identification of the specific satellite or satellites with which the VMES system will operate. (iii) The applicant shall acknowledge that it will maintain sufficient statistical and technical information on the individual terminals and overall system operation to file a detailed report, one year after license issuance, describing the effective aggregate EIRP–density levels resulting from the operation of the VMES system. 7. 47 CFR 25.226(b)(4) Application shall include an exhibit describing the geographic area(s) in which the VMESs will operate. 8. 47 CFR 25.226(b)(5) VMES applicant filing for a VMES terminal or system and planning to use a contention protocol shall include in its application a certification that will comply with the requirements of paragraph (a)(4) of this section. 9. 47 CFR 25.226(b)(6) Application shall include the point of contact with authority and ability to cease all emissions from VMES terminals, as required in paragraph (a)(5) of this section. 10. 47 CFR 25.226(a)(6) VMES licensee shall maintain and provide data (record of vehicle location, transmit frequency, channel bandwidth and satellite used for each relevant VMES transmitter) to Commission, NTIA, FSS operator, FS operator, or VerDate Nov<24>2008 16:45 Oct 26, 2009 Jkt 220001 frequency coordinator within 24 hours upon request. 11. 47 CFR 25.226(b)(7) Application shall include certification complying with requirements of paragraph (a)(6) of this section. 12. 47 CFR 25.226(b)(8) Applicant must submit a radio frequency hazard analysis to determine whether VMES terminals will produce power densities that will exceed the Commission’s radio frequency exposure criteria; applicant with terminals that exceed the guidelines in section 1.1310 for radio frequency radiation exposure shall provide a plan for mitigation. 13. 47 CFR 25.226(c)(1) Licensee shall notify the Commission after completing coordination with NASA and NTIA on current TDRSS sites. 14. 47 CFR 25.226(c)(2) Licensee shall notify the Commission after completing coordination with NASA and NTIA on future TDRSS site. 15. 47 CFR 25.226(d)(1) Operations of VMES licensees in the 14.47–14.5 frequency band are subject to coordination with the National Science Foundation (NSF) and licensee shall notify the Commission’s International Bureau and shall submit the coordination agreement once it has completed coordination with NSF for RAS sites listed in paragraph (d)(2) of this section. 16. 47 CFR 25.226(d)(3) Licensee shall notify the International Bureau once it has completed coordination for any future RAS site and shall submit the coordination agreement once it has completed coordination with NSF. 17. 47 CFR 25.132(b)(3) VMES applicant seeking to use antenna that does not meet standards of section 25.209(a) and (b), pursuant to procedures set out in section 25.226, shall submit manufacturer’s range test plots of antenna gain patterns. The information collection requirements accounted for in this collection are necessary to prevent regulatory uncertainty with respect to VMES and other satellite services that operate in the Ku–band within the United States. Prior to this rulemaking, the lack of rules for VMES posed an administrative burden on those entities attempting to provide VMES–type services and on Commission staff because such services could be granted only through the use of waivers and Special Temporary Authority (STA) authorizations for a six–month period of time. The approval of fifteen–year licenses for VMES operators significantly reduces the burden imposed upon both licensees and PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Commission staff who review and approve the waivers and STAs. Furthermore, without such information the Commission would not be able to take the necessary measures to prevent harmful interference to satellite services from VMES. Finally, the Commission would not be able to advance its goals of managing spectrum efficiently and promoting broadband technologies to benefit American consumers throughout the United States. OMB Control Number: 3060–0349. Title: Equal Employment Opportunity (’’EEO’’) Policy, 47 CFR Sections 73.2080, 76.73, 76.75, 76.79 and 76.1702. Form Number: Not Applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other for– profit entities; Not–for–profit institutions. Number of Respondents and Responses: 14,178 respondents; 14,178 responses. Estimated Time per Response: 42 hours. Frequency of Response: Recordkeeping requirement; Annual and five–year reporting requirements. Obligation To Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in Sections 154(i) and 303 of the Communications Act of 1934, as amended. Total Annual Burden: 595,476 hours Total Annual Costs: None. Privacy Impact Assessment(s): No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality and respondents are not being asked to submit confidential information to the Commission. Needs and Uses: Section 73.2080 provides that equal opportunity in employment shall be afforded by all broadcast stations to all qualified persons and no person shall be discriminated against in employment by such stations because of race, color, religion, national origin or sex. Therefore, Section 73.2080 requires that each broadcast station employment unit with 5 or more full–time employees shall establish, maintain and carry out a program to assure equal opportunity in every aspect of a broadcast station’s policy and practice. Section 76.73 provides that equal opportunity in employment shall be afforded by all multichannel video program distributors (’’MVPD’’) to all qualified persons and no person shall be discriminated against in employment by such entities because of race, color, religion, national origin, age or sex. E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Notices Section 76.75 requires that each MVPD employment unit shall establish, maintain and carry out a program to assure equal opportunity in every aspect of a cable entity’s policy and practice. Section 76.79 requires that every MVPD employment unit maintain, for public inspection, a file containing copies of all annual employment reports and related documents. Section 76.1702 requires that every MVPD place certain information concerning its EEO program in the public inspection file. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–25814 Filed 10–26–09; 8:45 am] BILLING CODE: 6712–01–S pwalker on DSK8KYBLC1PROD with NOTICES BILLING CODE 6210–01–S Sunshine Act Meeting Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 20, 2009. 16:45 Oct 26, 2009 Board of Governors of the Federal Reserve System, October 22, 2009. Margaret McCloskey Shanks, Associate Secretary of the Board. [FR Doc. E9–25771 Filed 10–26–09; 8:45 am] FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM VerDate Nov<24>2008 A. Federal Reserve Bank of Atlanta (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. TWO ROA, LLC, Huntsville, Alabama; to become a bank holding company by acquiring 51 percent of the voting shares of RB Bancorporation, and Reliance Bank, both of Athens, Alabama. Jkt 220001 Board of Governors of the Federal Reserve System. AGENCY HOLDING THE MEETING: TIME AND DATE: 12 p.m., Monday, November 2, 2009. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551. STATUS: Closed. MATTERS TO BE CONSIDERED: 1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 2. Any items carried forward from a previously announced meeting. FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202–452–2955. You may call 202–452–3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board’s Web site at https:// www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. SUPPLEMENTARY INFORMATION: Board of Governors of the Federal Reserve System, October 23, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–25946 Filed 10–23–09; 4:15 pm] BILLING CODE 6210–01–S PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 55227 FEDERAL RESERVE SYSTEM [Docket No. OP–1374] Proposed Guidance on Sound Incentive Compensation Policies AGENCY: Board of Governors of the Federal Reserve System (Board). ACTION: Proposed guidance with request for public comment. SUMMARY: The Board is requesting comment on proposed guidance (the ‘‘guidance’’) designed to help ensure that incentive compensation policies at banking organizations do not encourage excessive risk-taking and are consistent with the safety and soundness of the organization. The Federal Reserve also is commencing two supervisory initiatives to spur progress by the banking industry in the development and implementation of sound incentive compensation arrangements, identify emerging best practices, and advance the state of practice more generally in the banking industry. The Federal Reserve expects all banking organizations to evaluate their incentive compensation arrangements and related risk management, control, and corporate governance processes and immediately address deficiencies in these arrangements or processes that are inconsistent with safety and soundness. DATES: Comments must be submitted on or before November 27, 2009. ADDRESSES: The Board will review all of the comments submitted. Please consider submitting your comments by e-mail or fax since paper mail in the Washington DC area and at the Board is subject to delay. You may submit comments, identified by Docket No. OP–1374, by any of the following methods: • Agency Web Site: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: regs.comments@ federalreserve.gov. Include the docket number in the subject line of the message. • FAX: 202/452–3819 or 202/452– 3102. • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board’s Web site at https:// www.federalreserve.gov/generalinfo/ E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Notices]
[Pages 55224-55227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25814]


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FEDERAL COMMUNICATIONS COMMISSION.


Notice of Public Information Collections Being Submitted to the 
Office of Management and Budget for Review and Approval, Comments 
Requested

10/21/2009.
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 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 on November 27, 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), via fax at (202) 395-5167, or via the 
Internet at Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams, 
Federal Communications Commission (FCC), 445 12th Street SW, Room 1-
C823, Washington, DC 20554. To submit your comments by e-mail send then 
to: PRA@fcc.gov and to Cathy.Williams@fcc.gov. To view a copy of this 
information collection request (ICR) submitted to OMB: (1) Go to web 
page: https://www.reginfo.gov/public/do/PRAMain, (2) look for the 
section of the web page called ''Currently Under Review'', (3) click on 
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 FCC list appears, look for the 
title of this ICR (or its OMB Control Number, if there is one) and then 
click on the ICR.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collections send an e-mail to PRA@fcc.gov or contact Cathy 
Williams on (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-1106.
    Title: Licensing and Service Rules for Vehicle Mounted Earth 
Stations (VMES).
    Form No.: Not Applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 10 respondents; 10 responses.
    Estimated Time per Response: 0.25 hours - 24 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has statutory approval for the information collection 
requirements under Sections 1, 4(i), 4(j), 7(a), 301,

[[Page 55225]]

303(c), 303(f), 303(g), 303(r), 303(y) and 308 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 
303(c), 303(f), 303(g), 303(r), 303(y), and 308.
    Total Annual Burden: 322 hours.
    Total Annual Cost: $104,300 annual costs.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality pertaining to the information collection requirements 
in this collection.
    Needs and Uses: On July 31, 2009, the Federal Communications 
Commission (''Commission'') released a Report and Order titled, ''In 
the Matter of Amendment of Parts 2 and 25 of the Commission's Rules to 
Allocate Spectrum and Adopt Service Rules and Procedures to Govern the 
Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands 
Allocated to the Fixed-Satellite Service,'' IB Docket No. 07-101, FCC 
09-64 (hereinafter referred to as ''VMES Report and Order'').
    The VMES Report and Order adopts part 2 allocation rules and part 
25 technical and licensing rules for a new domestic Ku-band VMES 
service. VMES service has the potential to deliver advanced mobile 
applications through satellite technology, including broadband, which 
will be beneficial for public safety and commercial purposes.
    The PRA information collection requirements contained in the VMES 
Report and Order are as follows:
    1. 47 CFR 25.226(b)(1)(i) OR 47 CFR 25.226(b)(1)(ii)
    (i) Any VMES applicant filing an application pursuant to paragraph 
(a)(1) of this section shall file three tables showing the off-axis 
EIRP level of the proposed earth station antenna in the direction of 
the plane of the GSO; the co-polarized EIRP in the elevation plane, 
that is, the plane perpendicular to the plane of the GSO; and cross-
polarized EIRP. Each table shall provide the EIRP level at increments 
of 0.1[deg] for angles between 0[deg] and 10[deg] off-axis, and at 
increments of 5[deg] for angles between 10[deg] and 180[deg] off-axis.
    OR
    2. (ii) A VMES applicant shall include a certification, in Schedule 
B, that the VMES antenna conforms to the gain pattern criteria of Sec.  
25.209(a) and (b), that, combined with the maximum input power density 
calculated from the EIRP density less the antenna gain, which is 
entered in Schedule B, demonstrates that the off-axis EIRP spectral 
density envelope set forth in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section will be met under the assumption that the 
antenna is pointed at the target satellite.
    3. 47 CFR 25.226(b)(1)(iii)
    (iii) A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(A) of this section shall provide a certification 
from the equipment manufacturer stating that the antenna tracking 
system will maintain a pointing error of less than or equal to 0.2[deg] 
between the orbital location of the target satellite and the axis of 
the main lobe of the VMES antenna and that the antenna tracking system 
is capable of ceasing emissions within 100 milliseconds if the angle 
between the orbital location of the target satellite and the axis of 
the main lobe of the VMES antenna exceeds 0.5[deg].
    4. 47 CFR 25.226(b)(1)(iv)(A), (B)
    A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section shall:
    (A) declare, in its application, a maximum antenna pointing error 
and demonstrate that the maximum antenna pointing error can be achieved 
without exceeding the off-axis EIRP spectral-density limits in 
paragraph (a)(1)(i) of this section; and (B) demonstrate that the VMES 
transmitter can detect if the transmitter exceeds the declared maximum 
antenna pointing error and can cease transmission within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the VMES antenna exceeds the 
declared maximum antenna pointing error, and will not resume 
transmissions until the angle between the orbital location of the 
target satellite and the axis of the main lobe of the VMES antenna is 
less than or equal to the declared maximum antenna pointing error.
    5. 47 CFR 25.226(b)(2)(i), (ii), (iii), (iv)
    A VMES applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this 
section shall provide the following certifications and demonstration as 
exhibits to its earth station application:
    (i) A statement from the target satellite operator certifying that 
the proposed operation of the VMES has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power-density levels that the VMES applicant provided to the target 
satellite operator are consistent with the existing coordination 
agreements between its satellite(s) and the adjacent satellite systems 
within 6[deg] of orbital separation from its satellite(s).
    (iii) A statement from the target satellite operator certifying 
that it will include the power-density levels of the VMES applicant in 
all future coordination agreements.
    (iv) A demonstration from the VMES operator that the VMES system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when the transmitter exceeds the off-axis EIRP spectral-
densities supplied to the target satellite operator.
    6. 47 CFR 25.226(b)(3)
    A VMES applicant proposing to implement a VMES system under 
paragraph (a)(3) of this section and using variable power-density 
control of individual simultaneously transmitting co-frequency VMES 
earth stations in the same satellite receiving beam shall provide the 
following certifications and demonstration as exhibits to its earth 
station application:
    (i) The applicant shall make a detailed showing of the measures it 
intends to employ to maintain the effective aggregate EIRP-density from 
all simultaneously transmitting co-frequency terminals operating with 
the same satellite transponder at least 1 dB below the EIRP-density 
limits defined in paragraphs (a)(1)(i)(A)-(C) of this section. In this 
context the term ''effective'' means that the resultant co-polarized 
and cross-polarized EIRP-density experienced by any GSO or non-GSO 
satellite shall not exceed that produced by a single VMES transmitter 
operating at 1 dB below the limits defined in paragraphs (a)(1)(i)(A)-
(C) of this section. The International Bureau will place this showing 
on Public Notice along with the application.
    (ii) An applicant proposing to implement a VMES under (a)(3)(ii) of 
this section that uses off-axis EIRP spectral-densities in excess of 
the levels in paragraph (a)(3)(i) of this section shall provide the 
following certifications, demonstration and list of satellites as 
exhibits to its earth station application:
    (A) A detailed showing of the measures the applicant intends to 
employ to maintain the effective aggregate EIRP-density from all 
simultaneously transmitting co-frequency terminals operating with the 
same satellite transponder at the EIRP-density limits supplied to the 
target satellite operator. The International Bureau will place this 
showing on Public Notice along with the application.
    (B) A statement from the target satellite operator certifying that 
the

[[Page 55226]]

proposed operation of the VMES has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (C) A statement from the target satellite operator certifying that 
the aggregate power density levels that the VMES applicant provided to 
the target satellite operator are consistent with the existing 
coordination agreements between its satellite(s) and the adjacent 
satellite systems within 6[deg] of orbital separation from its 
satellite(s).
    (D) A statement from the target satellite operator certifying that 
it will include the aggregate power-density levels of the VMES 
applicant in all future coordination agreements.
    (E) A demonstration from the VMES operator that the VMES system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when an individual transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator and that 
the overall system is capable of shutting off an individual transmitter 
or the entire system if the aggregate off-axis EIRP spectral-densities 
exceed those supplied to the target satellite operator.
    (F) An identification of the specific satellite or satellites with 
which the VMES system will operate.
    (iii) The applicant shall acknowledge that it will maintain 
sufficient statistical and technical information on the individual 
terminals and overall system operation to file a detailed report, one 
year after license issuance, describing the effective aggregate EIRP-
density levels resulting from the operation of the VMES system.
    7. 47 CFR 25.226(b)(4)
    Application shall include an exhibit describing the geographic 
area(s) in which the VMESs will operate.
    8. 47 CFR 25.226(b)(5)
    VMES applicant filing for a VMES terminal or system and planning to 
use a contention protocol shall include in its application a 
certification that will comply with the requirements of paragraph 
(a)(4) of this section.
    9. 47 CFR 25.226(b)(6)
    Application shall include the point of contact with authority and 
ability to cease all emissions from VMES terminals, as required in 
paragraph (a)(5) of this section.
    10. 47 CFR 25.226(a)(6)
    VMES licensee shall maintain and provide data (record of vehicle 
location, transmit frequency, channel bandwidth and satellite used for 
each relevant VMES transmitter) to Commission, NTIA, FSS operator, FS 
operator, or frequency coordinator within 24 hours upon request.
    11. 47 CFR 25.226(b)(7)
    Application shall include certification complying with requirements 
of paragraph (a)(6) of this section.
    12. 47 CFR 25.226(b)(8)
    Applicant must submit a radio frequency hazard analysis to 
determine whether VMES terminals will produce power densities that will 
exceed the Commission's radio frequency exposure criteria; applicant 
with terminals that exceed the guidelines in section 1.1310 for radio 
frequency radiation exposure shall provide a plan for mitigation.
    13. 47 CFR 25.226(c)(1)
    Licensee shall notify the Commission after completing coordination 
with NASA and NTIA on current TDRSS sites.
    14. 47 CFR 25.226(c)(2)
    Licensee shall notify the Commission after completing coordination 
with NASA and NTIA on future TDRSS site.
    15. 47 CFR 25.226(d)(1)
    Operations of VMES licensees in the 14.47-14.5 frequency band are 
subject to coordination with the National Science Foundation (NSF) and 
licensee shall notify the Commission's International Bureau and shall 
submit the coordination agreement once it has completed coordination 
with NSF for RAS sites listed in paragraph (d)(2) of this section.
    16. 47 CFR 25.226(d)(3)
    Licensee shall notify the International Bureau once it has 
completed coordination for any future RAS site and shall submit the 
coordination agreement once it has completed coordination with NSF.
    17. 47 CFR 25.132(b)(3)
    VMES applicant seeking to use antenna that does not meet standards 
of section 25.209(a) and (b), pursuant to procedures set out in section 
25.226, shall submit manufacturer's range test plots of antenna gain 
patterns.
    The information collection requirements accounted for in this 
collection are necessary to prevent regulatory uncertainty with respect 
to VMES and other satellite services that operate in the Ku-band within 
the United States. Prior to this rulemaking, the lack of rules for VMES 
posed an administrative burden on those entities attempting to provide 
VMES-type services and on Commission staff because such services could 
be granted only through the use of waivers and Special Temporary 
Authority (STA) authorizations for a six-month period of time. The 
approval of fifteen-year licenses for VMES operators significantly 
reduces the burden imposed upon both licensees and Commission staff who 
review and approve the waivers and STAs. Furthermore, without such 
information the Commission would not be able to take the necessary 
measures to prevent harmful interference to satellite services from 
VMES. Finally, the Commission would not be able to advance its goals of 
managing spectrum efficiently and promoting broadband technologies to 
benefit American consumers throughout the United States.
    OMB Control Number: 3060-0349.
    Title: Equal Employment Opportunity (''EEO'') Policy, 47 CFR 
Sections 73.2080, 76.73, 76.75, 76.79 and 76.1702.
    Form Number: Not Applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents and Responses: 14,178 respondents; 14,178 
responses.
    Estimated Time per Response: 42 hours.
    Frequency of Response: Recordkeeping requirement; Annual and five-
year reporting requirements.
    Obligation To Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
    Total Annual Burden: 595,476 hours
    Total Annual Costs: None.
    Privacy Impact Assessment(s): No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: Section 73.2080 provides that equal opportunity in 
employment shall be afforded by all broadcast stations to all qualified 
persons and no person shall be discriminated against in employment by 
such stations because of race, color, religion, national origin or sex. 
Therefore, Section 73.2080 requires that each broadcast station 
employment unit with 5 or more full-time employees shall establish, 
maintain and carry out a program to assure equal opportunity in every 
aspect of a broadcast station's policy and practice.
    Section 76.73 provides that equal opportunity in employment shall 
be afforded by all multichannel video program distributors (''MVPD'') 
to all qualified persons and no person shall be discriminated against 
in employment by such entities because of race, color, religion, 
national origin, age or sex.

[[Page 55227]]

    Section 76.75 requires that each MVPD employment unit shall 
establish, maintain and carry out a program to assure equal opportunity 
in every aspect of a cable entity's policy and practice.
    Section 76.79 requires that every MVPD employment unit maintain, 
for public inspection, a file containing copies of all annual 
employment reports and related documents.
    Section 76.1702 requires that every MVPD place certain information 
concerning its EEO program in the public inspection file.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-25814 Filed 10-26-09; 8:45 am]
BILLING CODE: 6712-01-S
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