Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures, 73976-73979 [2010-29671]
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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations
(b) General rules. (1) Upper payment
limit refers to a reasonable estimate of
the amount that would be paid for the
services furnished by the group of
facilities under Medicare payment
principles in subchapter B of this
chapter.
(2) Except as provided in paragraph
(c) of this section, aggregate Medicaid
payments to a group of facilities within
one of the categories described in
paragraph (a) of this section may not
exceed the upper payment limit
described in paragraph (b)(1) of this
section.
(c) Exceptions. Indian Health Services
and tribal facilities. The limitation in
paragraph (b) of this section does not
apply to Indian Health Services
facilities and tribal facilities that are
funded through the Indian SelfDetermination and Education
Assistance Act (Pub. L. 93–638).
(d) * * *
(1) For non-State government-owned
or operated hospitals—March 19, 2002.
*
*
*
*
*
Subpart B—General Administration—
Reviews and Audits; Withholding for
Failure To Comply; Deferral and
Disallowance of Claims; Reduction of
Federal Medical Payments
11. Section 457.220 is revised to read
as follows:
■
jdjones on DSK8KYBLC1PROD with RULES
§ 457.220 Funds from units of government
as the State share of financial participation.
(a) Public funds may be considered as
the State’s share in claiming FFP if they
meet the conditions specified in
paragraphs (b) and (c) of this section.
(b) The public funds are appropriated
directly to the State or local SCHIP
agency, or are transferred from other
public agencies (including Indian tribes)
to the State or local agency and are
under its administrative control, or are
certified by the contributing public
agency as representing expenditures
eligible for FFP under this section.
(c) The public funds are not Federal
funds, or are Federal funds authorized
by Federal law to be used to match other
Federal funds.
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Dated: July 28, 2010.
Donald M. Berwick,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: August 20, 2010.
Kathleen Sebelius
Secretary.
[FR Doc. 2010–30066 Filed 11–29–10; 8:45 am]
BILLING CODE 4120–01–P
[MB Docket No. 09–52; FCC 10–24]
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
12. Section 457.628 is amended by
revising the introductory text and
paragraph (a) to read as follows:
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
47 CFR Part 73
10. The authority for part 457
continues to read as follows:
■
■
Other regulations applicable to SCHIP
programs include the following:
(a) HHS regulations in 42 Subpart B—
433.51–433.74 sources of non-Federal
share and Health Care-Related Taxes
and Provider-Related Donations; apply
to States’ SCHIP programs in the same
manner as they apply to States’
Medicaid programs.
*
*
*
*
*
FEDERAL COMMUNICATIONS
COMMISSION
PART 457—ALLOTMENTS AND
GRANTS TO STATES
Subpart F—Payments to States
§ 457.628 Other applicable Federal
regulations.
Policies To Promote Rural Radio
Service and To Streamline Allotment
and Assignment Procedures
Federal Communications
Commission.
ACTION: Final rule; announcement of
compliance date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with the Commission’s rules
and FCC Forms 301, 314, 315, 316 and
340. These rules and form changes were
approved on May 27, 2010 and June 4,
2010 and the compliance date will be
November 30, 2010.
DATES: The compliance date for
§§ 73.3571(k), 73.7000, 73.7002(b), and
73.7002(c) and FCC Forms 301, 314,
315, 316 and 340 published at 75 FR
9797, March 4, 2010 is November 30,
2010.
FOR FURTHER INFORMATION CONTACT:
Cathy Williams on (202) 418–2918 or
send an e-mail to:
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), the
Commission is notifying the public that
it received OMB approval on May 27,
SUMMARY:
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2010, and June 4, 2010, for a period of
three years, for the information
collection requirements contained in
Sections 73.3571(k), 73.7000,
73.7002(b), and 73.7002(c) of the
Commission’s rules and FCC Forms 301,
314, 315, 316 and 340 and that the
compliance date for these rules and
forms published at 75 FR 9797, March
4, 2010, is November 30, 2010. If you
have any comments on the burden
estimates, or how the Commission can
improve the collections and reduce any
burdens caused thereby, please contact
Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street, SW., Washington,
DC 20554. Please include OMB Control
Numbers 3060–0029, 3060–0027, 3060–
0996, 3060–0031 and/or 3060–0009 in
your correspondence. The Commission
also will accept your comments via the
Internet if you send them to
PRA@fcc.gov. 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).
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB 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 that does not
display a valid OMB Control Number.
The OMB Control Numbers are 3060–
0027, 3060–0029, 3060–0996, 3060–
0031 and 3060–0009 and the total
annual reporting burdens and costs for
respondents are as follows:
OMB Control Number: 3060–0029.
OMB Approval Date: June 4, 2010.
Expiration Date: June 30, 2013.
Title: Application for Construction
Permit for Reserved Channel
Noncommercial Educational Broadcast
Station.
Form Number: FCC Form 340.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 2,710 respondents and 2,710
responses.
Estimated Time per Response: 2 to 5
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations
154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 6,700 hours.
Total Annual Costs: $27,894,950.00.
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: On April 7, 2009, the
Commission adopted a Notice of
Proposed Rule Making in the Matter of
Policies to Promote Rural Radio Service
and to Streamline Allotment and
Assignment Procedures, MB Docket No.
09–52, FCC 09–30, 24 FCC Rcd 5239
(2009). On January 28, 2010, the
Commission adopted a First Report and
Order in the Matter of Policies to
Promote Rural Radio Service and to
Streamline Allotment and Assignment
Procedures (the ‘‘Order’’), MB Docket
No. 09–52, FCC 10–24, 25 FCC Rcd 1583
(2010). In the Order, the Commission
adopted the Tribal Priority proposed in
the Notice of Proposed Rule Making,
with some modifications. Under the
Tribal Priority, a Section 307(b) priority
will apply to an applicant meeting all of
the following criteria: (1) The applicant
is either a federally recognized Tribe or
tribal consortium, or an entity 51
percent or more of which is owned or
controlled by a Tribe or Tribes (with the
Tribes or entities occupying tribal lands
that are covered by at least 50 percent
of the daytime principal community
contour of the proposed facility); (2) at
least 50 percent of the daytime principal
community contour of the proposed
facilities covers tribal lands, in addition
to meeting all other Commission
technical standards; (3) the specified
community of license is located on
tribal lands; and (4) the applicant
proposes the first local tribal-owned
noncommercial educational
transmission service at the proposed
community of license. The proposed
Tribal Priority would apply, if
applicable, before the fair distribution
analysis currently used by
noncommercial educational applicants.
The Tribal Priority does not prevail over
an applicant proposing first overall
reception service to a significant
population.
FCC Form 340 and its instructions are
being revised to accommodate those
applicants qualifying for the new Tribal
Priority. Specifically, we are adding
new Questions 1 and 2, which seek
information as to the applicant’s
eligibility for the Tribal Priority and
direct applicants claiming the priority to
prepare and attach an exhibit, to Section
III. The instructions for Section III have
been revised to assist applicants with
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completing the new questions and
preparing the exhibit. Also, the
Commission removed FCC Form 302–
DTV, Application for Digital Television
Broadcast Station License, and FCC
Form 349, Application for Authority to
Construct or Make Changes in an FM
Translator or FM Booster Station, from
this information collection to allow the
Commission to more effectively manage
the information collections.
OMB Control Number: 3060–0027.
OMB Approval Date: June 4, 2010.
Expiration Date: June 30, 2013.
Title: Application for Construction
Permit for Commercial Broadcast
Station.
Form Number: FCC Form 301.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 4,453 respondents and 7,889
responses.
Estimated Time per Response: 3 to
6.25 hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 19,561 hours.
Total Annual Costs: $85,096,314.00.
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: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking (the ‘‘Order’’) in
MB Docket No. 09–52, FCC 10–24, 25
FCC Rcd 1583 (2010). The Order adopts
changes to certain procedures associated
with the award of broadcast radio
construction permits by competitive
bidding, including modifications to the
manner in which it awards preferences
to applicants under the provisions of
Section 307(b) of the Communications
Act of 1934, as amended (the ‘‘Act’’).
With regard to AM application
processing, the Commission adopted a
proposal to explicitly prohibit the
downgrading of proposed AM facilities
that receive a dispositive preference
under Section 307(b) of the Act and thus
are not awarded through competitive
bidding. Specifically, an AM applicant
that receives a dispositive preference
under Section 307(b) will not be
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allowed to later modify that proposal to
serve a smaller population or otherwise
negate the factors that led to the award
of the preference. The Commission
imposed these restrictions for a period
of four years of on-air operations. These
procedural safeguards are necessary to
protect the integrity of our Section
307(b) analyses. Consistent with actions
taken by the Commission in the Order,
FCC Form 301 has been revised to add
questions, specifically asking the
applicant to certify that the construction
permit application complies with the
four year service requirements. The
instructions for FCC Form 301 have
been revised to assist applicants with
completing the new questions.
OMB Control Number: 3060–0996.
OMB Approval Date: May 27, 2010.
Expiration Date: May 31, 2013.
Title: AM Auction Section 307(b)
Submissions.
Form Number: N/A.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 160 respondents and 160
responses.
Estimated Time per Response: 0.5 to
3 hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
154(i), 307(b) and 309 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 375 hours.
Total Annual Costs: $71,200.00.
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: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking (the ‘‘Order’’) in
MB Docket No. 09–52, FCC 10–24, 25
FCC Rcd 1583 (2010). The Order adopts
changes to certain procedures associated
with the award of broadcast radio
construction permits by competitive
bidding, including modifications to the
manner in which it awards preferences
to applicants under the provisions of
Section 307(b). In the Order, the
Commission added a new Section
307(b) priority that would apply only to
Native American and Alaska Native
Tribes, tribal consortia, and majority
tribal-owned entities proposing to serve
tribal lands. The priority is only
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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations
available when all of the following
conditions are met: (1) The applicant is
either a federally recognized Tribe or
tribal consortium, or an entity that is 51
percent or more owned or controlled by
a Tribe or Tribes; (2) at least 50 percent
of the daytime principal community
contour of the proposed facilities will
cover tribal lands, in addition to
meeting all other Commission technical
standards; (3) the specified community
of license is located on tribal lands; and
(4) in the commercial AM service, the
applicant must propose first or second
aural reception service or first local
commercial tribal-owned transmission
service to the proposed community of
license, which must be located on tribal
lands. Applicants claiming Section
307(b) preferences using these factors
will submit information to substantiate
their claims. The Commission will
dismiss, without further processing, the
previously filed AM auction filing
window application and technical
proposal of any applicant that fails to
file an amendment addressing the
Section 307(b) criteria, where required.
Mutually exclusive AM applicants may
not use this as an opportunity to change
the technical proposal specified in the
AM auction filing window application.
The Section 307(b) showing must be
based on the technical proposal as
specified in the AM auction filing
window application.
OMB Control Number: 3060–0031.
OMB Approval Date: May 27, 2010.
Expiration Date: May 31, 2013.
Title: Application for Consent to
Assignment of Broadcast Station
Construction Permit or License, FCC
Form 314; Application for Consent to
Transfer Control of Entity Holding
Broadcast Station Construction Permit
or License, FCC Form 315; Section
73.3580, Local Public Notice of Filing of
Broadcast Applications.
Form Number: FCC Forms 314 and
315.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 4,820 respondents and
12,520 responses.
Estimated Time per Response: 2 to 6
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
154(i), 303(b) and 308 of the
Communications Act of 1934, as
amended.
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Total Annual Burden: 18,443 hours.
Total Annual Costs: $36,168,450.00.
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: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking (the ‘‘Order’’) in
MB Docket No. 09–52; FCC 10–24, 25
FCC Rcd 1583 (2010). The Order adopts
rule changes designed to streamline and
clarify certain procedures associated
with the award of broadcast radio
construction permits by competitive
bidding. In the Order, the Commission
also adopted a priority under Section
307(b) of the Communications Act of
1934, as amended, to assist federally
recognized Native American Tribes and
Alaska Native Villages (‘‘Tribes’’),
enrolled members of Tribes, and entities
primarily owned or controlled by Tribes
or enrolled members of Tribes, in
obtaining broadcast radio construction
permits designed primarily to serve
tribal lands (the ‘‘Tribal Priority’’).
Applicants affiliated with Tribes who
meet certain conditions regarding tribal
membership and signal coverage qualify
for the Tribal Priority, which in most
cases will enable the qualifying
applicants to obtain construction
permits without proceeding to
competitive bidding, in the case of
commercial stations, or to point system
evaluation, in the case of
noncommercial educational (‘‘NCE’’)
stations. Once a permit is obtained, it
cannot be assigned or transferred to
another person or entity for a period
beginning with issuance of the
construction permit until the station has
completed four years of on-air
operations, unless the assignee or
transferee also qualifies for the Tribal
Priority.
Consistent with actions taken by the
Commission in the Order, the following
changes are made to Forms 314 and 315:
Section I of each form includes a new
question asking applicants to indicate
whether any of the authorizations
involved in the transaction were
obtained (or, in the case of non-reserved
band commercial FM stations the
allotment for the station was obtained)
through the Tribal Priority. The
instructions for Section I of Forms 314
and 315 have been revised to assist
applicants with completing the new
questions.
OMB Control Number: 3060–0009.
OMB Approval Date: May 27, 2010.
Expiration Date: May 31, 2013.
Title: Application for Consent to
Assignment of Broadcast Station
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Construction Permit or License or
Transfer of Control of Corporation
Holding Broadcast Station Construction
Permit or License.
Form Number: FCC Form 316.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 750 respondents and 750
responses.
Estimated Time per Response: 1.5 to
4.5 hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
154(i) and 310(d) of the
Communications Act of 1934, as
amended.
Total Annual Burden: 1,231 hours.
Total Annual Costs: $711,150.00.
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: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking (the ‘‘Order’’) in
MB Docket No. 09–52, FCC 10–24, 25
FCC Rcd 1583 (2010). The Order adopts
rule changes designed to streamline and
clarify certain procedures associated
with the award of broadcast radio
construction permits by competitive
bidding. To prevent unjust enrichment
by parties that acquire broadcast
construction permits through the use of
a bidding credit in an auction, Section
73.5007(c) of the Rules requires
reimbursement to the Commission of all
or part of the bidding credit upon a
subsequent assignment or transfer of
control, if the proposed assignee or
transferee is not eligible for the same
percentage of bidding credit. The rule is
routinely applied to ‘‘long form’’
assignment or transfer applications filed
on FCC Forms 314 and 315. In the
Order, the Commission also sought to
clarify that the unjust enrichment
payments to the government must be
made even when an assignment or
transfer is pro forma in nature and
therefore filed on FCC Form 316. This
ensures that applicants do not use the
summary pro forma assignment and
transfer procedures to circumvent the
unjust enrichment requirements.
Consistent with actions taken by the
Commission in the Order, FCC Form
316 has been revised to add the
broadcast auction-based questions
presently included on FCC Forms 314
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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations
and 315, specifically asking the
applicants to certify that the proposed
assignment or transfer complies with
the unjust enrichment provisions of the
Commission’s competitive bidding
rules. The instructions for FCC Form
316 have been revised to assist
applicants with completing the new
questions.
Federal Communications Commission.
Gloria Miles,
Federal Register Liaison.
[FR Doc. 2010–29671 Filed 11–29–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100813358–0560–02]
RIN 0648–BA16
Fisheries of the Northeastern United
States; Discard Provision for Herring
Midwater Trawl Vessels Fishing in
Groundfish Closed Area I
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Through this action, NMFS
removes a regulatory exemption for
midwater trawl herring vessels, which
was originally implemented by a
November 2, 2009, final rule. The
exemption allowed midwater trawl
vessels with an All Areas and/or Areas
2 and 3 Atlantic herring limited access
permit fishing in Northeast (NE)
multispecies Closed Area I (CA I) to
release fish that cannot be pumped from
the net at the end of pumping
operations, without those fish being
sampled by a NMFS at-sea observer. As
a result of this rule, vessels will be
required to bring the fish on board the
vessel and make them available to the
at-sea observer for sampling. The
publication of this action is part of a
Court-approved joint motion to stay
pending litigation.
DATES: Effective January 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
jdjones on DSK8KYBLC1PROD with RULES
SUMMARY:
Background
On September 4, 2009, NMFS
published a proposed rule (74 FR
45798) to implement changes to access
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requirements for midwater trawl vessels
fishing in CA I, at the request of the New
England Fishery Management Council
(Council), with the intended goal of
collecting better information on bycatch
in the midwater trawl fishery. A final
rule was published on November 2,
2009 (74 FR 56562), that implemented
regulations requiring 100-percent
observer coverage of trips by vessels
with limited access Atlantic herring All
Areas and/or Areas 2 and 3 category
permits fishing for herring in CA I with
midwater trawl gear. The rule also
prohibited these vessels from releasing
fish from the codend of the net,
transferring fish to another vessel that is
not carrying an observer, or otherwise
discarding fish at sea, unless the fish
has first been brought on board the
vessel and made available for sampling
and inspection by the observer. The
regulations implemented by the
November 2, 2009, rule (74 FR 56562)
provided the following exemptions to
this prohibition:
• The vessel operator has determined
there is a compelling safety reason; or
• A mechanical failure precludes
bringing the fish aboard the vessel for
inspection; or,
• After pumping of fish onto the
vessel has begun, the vessel operator
determines that pumping becomes
impossible as a result of spiny dogfish
clogging the pump intake. Under this
scenario, the vessel operator must take
reasonable measures (such as strapping
and splitting the net) to remove all fish
that can be pumped from the net prior
to release; or
• When there are small amounts of
fish that cannot be pumped and remain
in the net at the completion of pumping
operations.
Additionally, under these regulations,
if a codend is released in accordance
with one of the first three exemptions,
the vessel operator must complete and
sign an affidavit to NOAA’s Office of
Law Enforcement (OLE) stating the
vessel name and permit number; the
vessel trip report (VTR) serial number;
where, when, and for what reason the
catch was released; the total weight of
fish caught on that tow; and the weight
of fish released (if less than the full
tow). Completed affidavits are to be
submitted to OLE at the conclusion of
the trip. Following a released codend
under one of the first three exemptions,
the vessel may not fish in CA I for the
remainder of the trip.
The exception allowing small
amounts of fish that cannot be pumped
from the net (sometimes called
operational discards) to be released
unobserved from the net while still in
the water was not specifically
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73979
mentioned in the proposed rule. NMFS
considered this exemption to be a
logical outgrowth of the proposed rule
that needed no further public comment
because it addressed a foreseeable
practical problem that a small amount of
fish may be left in a net after pumping
operations were completed.
However, following publication of the
final rule three fishermen filed a lawsuit
challenging the exemption allowing the
release of small amounts of fish that
remain after pumping (Taylor et al. v.
Locke, 09–CV–02289–HHK). Plaintiffs
alleged that this additional exemption
violated the Administrative Procedure
Act because it was not a ‘‘logical
outgrowth’’ of the proposed rule and
should have been subjected to public
comment, and that it violated
conservation requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by allowing
fish to be released from herring nets
unobserved. Plaintiffs also claimed that
the terms ‘‘small amounts of fish’’ and
‘‘at the completion of pumping
operations’’ were not adequately
defined.
Without admitting any violation of
applicable law in publishing the
original final rule, NMFS and the
plaintiffs agreed to stay the litigation
while NMFS repromulgated the
challenged provision, to solicit public
comment. On September 7, 2010, NMFS
published a proposed rule (75 FR
54292), that repromulgated the
challenged provision
(§ 648.80(d)(7)(ii)(D)) and solicited
public comment on whether to retain,
delete, or amend the additional
exemption in question. The proposed
rule sought comment on: Retaining the
exemption as it currently exists (status
quo); eliminating the exemption
(Alternative 1); modifying the
exemption by specifying a maximum of
200 lb (90.7 kg) of fish that could be
released (Alternative 2); or modifying
the exemption by requiring that the
codend either be brought on board or
lifted out of the water, at the captain’s
discretion, so the observer could better
estimate the amount and type of fish
being released (Alternative 3). Public
comments were accepted through
October 7, 2010. Comments received are
summarized and responded to below.
Based on public comment received,
NMFS is implementing ‘‘Alternative 1,’’
and is removing the exemption for
operational discards at
§ 648.80(d)(7)(ii)(D). Therefore, if fish
remain in the net at the conclusion of
pumping operations, those fish will
have to be brought on board the vessel
and made available for sampling and
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]]>Agencies
[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Rules and Regulations]
[Pages 73976-73979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29671]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 09-52; FCC 10-24]
Policies To Promote Rural Radio Service and To Streamline
Allotment and Assignment Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection requirements associated with the
Commission's rules and FCC Forms 301, 314, 315, 316 and 340. These
rules and form changes were approved on May 27, 2010 and June 4, 2010
and the compliance date will be November 30, 2010.
DATES: The compliance date for Sec. Sec. 73.3571(k), 73.7000,
73.7002(b), and 73.7002(c) and FCC Forms 301, 314, 315, 316 and 340
published at 75 FR 9797, March 4, 2010 is November 30, 2010.
FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418-2918 or
send an e-mail to: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: As required by the Paperwork Reduction Act
of 1995 (44 U.S.C. 3507), the Commission is notifying the public that
it received OMB approval on May 27, 2010, and June 4, 2010, for a
period of three years, for the information collection requirements
contained in Sections 73.3571(k), 73.7000, 73.7002(b), and 73.7002(c)
of the Commission's rules and FCC Forms 301, 314, 315, 316 and 340 and
that the compliance date for these rules and forms published at 75 FR
9797, March 4, 2010, is November 30, 2010. If you have any comments on
the burden estimates, or how the Commission can improve the collections
and reduce any burdens caused thereby, please contact Cathy Williams,
Federal Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC 20554. Please include OMB Control Numbers 3060-0029,
3060-0027, 3060-0996, 3060-0031 and/or 3060-0009 in your
correspondence. The Commission also will accept your comments via the
Internet if you send them to PRA@fcc.gov. 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).
Under 5 CFR 1320, an agency may not conduct or sponsor a collection
of information unless it displays a current, valid OMB 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
that does not display a valid OMB Control Number. The OMB Control
Numbers are 3060-0027, 3060-0029, 3060-0996, 3060-0031 and 3060-0009
and the total annual reporting burdens and costs for respondents are as
follows:
OMB Control Number: 3060-0029.
OMB Approval Date: June 4, 2010.
Expiration Date: June 30, 2013.
Title: Application for Construction Permit for Reserved Channel
Noncommercial Educational Broadcast Station.
Form Number: FCC Form 340.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or tribal government.
Number of Respondents and Responses: 2,710 respondents and 2,710
responses.
Estimated Time per Response: 2 to 5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections
[[Page 73977]]
154(i), 303 and 308 of the Communications Act of 1934, as amended.
Total Annual Burden: 6,700 hours.
Total Annual Costs: $27,894,950.00.
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: On April 7, 2009, the Commission adopted a Notice
of Proposed Rule Making in the Matter of Policies to Promote Rural
Radio Service and to Streamline Allotment and Assignment Procedures, MB
Docket No. 09-52, FCC 09-30, 24 FCC Rcd 5239 (2009). On January 28,
2010, the Commission adopted a First Report and Order in the Matter of
Policies to Promote Rural Radio Service and to Streamline Allotment and
Assignment Procedures (the ``Order''), MB Docket No. 09-52, FCC 10-24,
25 FCC Rcd 1583 (2010). In the Order, the Commission adopted the Tribal
Priority proposed in the Notice of Proposed Rule Making, with some
modifications. Under the Tribal Priority, a Section 307(b) priority
will apply to an applicant meeting all of the following criteria: (1)
The applicant is either a federally recognized Tribe or tribal
consortium, or an entity 51 percent or more of which is owned or
controlled by a Tribe or Tribes (with the Tribes or entities occupying
tribal lands that are covered by at least 50 percent of the daytime
principal community contour of the proposed facility); (2) at least 50
percent of the daytime principal community contour of the proposed
facilities covers tribal lands, in addition to meeting all other
Commission technical standards; (3) the specified community of license
is located on tribal lands; and (4) the applicant proposes the first
local tribal-owned noncommercial educational transmission service at
the proposed community of license. The proposed Tribal Priority would
apply, if applicable, before the fair distribution analysis currently
used by noncommercial educational applicants. The Tribal Priority does
not prevail over an applicant proposing first overall reception service
to a significant population.
FCC Form 340 and its instructions are being revised to accommodate
those applicants qualifying for the new Tribal Priority. Specifically,
we are adding new Questions 1 and 2, which seek information as to the
applicant's eligibility for the Tribal Priority and direct applicants
claiming the priority to prepare and attach an exhibit, to Section III.
The instructions for Section III have been revised to assist applicants
with completing the new questions and preparing the exhibit. Also, the
Commission removed FCC Form 302-DTV, Application for Digital Television
Broadcast Station License, and FCC Form 349, Application for Authority
to Construct or Make Changes in an FM Translator or FM Booster Station,
from this information collection to allow the Commission to more
effectively manage the information collections.
OMB Control Number: 3060-0027.
OMB Approval Date: June 4, 2010.
Expiration Date: June 30, 2013.
Title: Application for Construction Permit for Commercial Broadcast
Station.
Form Number: FCC Form 301.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or tribal government.
Number of Respondents and Responses: 4,453 respondents and 7,889
responses.
Estimated Time per Response: 3 to 6.25 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 154(i), 303 and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 19,561 hours.
Total Annual Costs: $85,096,314.00.
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: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (the
``Order'') in MB Docket No. 09-52, FCC 10-24, 25 FCC Rcd 1583 (2010).
The Order adopts changes to certain procedures associated with the
award of broadcast radio construction permits by competitive bidding,
including modifications to the manner in which it awards preferences to
applicants under the provisions of Section 307(b) of the Communications
Act of 1934, as amended (the ``Act''). With regard to AM application
processing, the Commission adopted a proposal to explicitly prohibit
the downgrading of proposed AM facilities that receive a dispositive
preference under Section 307(b) of the Act and thus are not awarded
through competitive bidding. Specifically, an AM applicant that
receives a dispositive preference under Section 307(b) will not be
allowed to later modify that proposal to serve a smaller population or
otherwise negate the factors that led to the award of the preference.
The Commission imposed these restrictions for a period of four years of
on-air operations. These procedural safeguards are necessary to protect
the integrity of our Section 307(b) analyses. Consistent with actions
taken by the Commission in the Order, FCC Form 301 has been revised to
add questions, specifically asking the applicant to certify that the
construction permit application complies with the four year service
requirements. The instructions for FCC Form 301 have been revised to
assist applicants with completing the new questions.
OMB Control Number: 3060-0996.
OMB Approval Date: May 27, 2010.
Expiration Date: May 31, 2013.
Title: AM Auction Section 307(b) Submissions.
Form Number: N/A.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or tribal government.
Number of Respondents and Responses: 160 respondents and 160
responses.
Estimated Time per Response: 0.5 to 3 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 154(i), 307(b) and 309 of the Communications Act of 1934, as
amended.
Total Annual Burden: 375 hours.
Total Annual Costs: $71,200.00.
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: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (the
``Order'') in MB Docket No. 09-52, FCC 10-24, 25 FCC Rcd 1583 (2010).
The Order adopts changes to certain procedures associated with the
award of broadcast radio construction permits by competitive bidding,
including modifications to the manner in which it awards preferences to
applicants under the provisions of Section 307(b). In the Order, the
Commission added a new Section 307(b) priority that would apply only to
Native American and Alaska Native Tribes, tribal consortia, and
majority tribal-owned entities proposing to serve tribal lands. The
priority is only
[[Page 73978]]
available when all of the following conditions are met: (1) The
applicant is either a federally recognized Tribe or tribal consortium,
or an entity that is 51 percent or more owned or controlled by a Tribe
or Tribes; (2) at least 50 percent of the daytime principal community
contour of the proposed facilities will cover tribal lands, in addition
to meeting all other Commission technical standards; (3) the specified
community of license is located on tribal lands; and (4) in the
commercial AM service, the applicant must propose first or second aural
reception service or first local commercial tribal-owned transmission
service to the proposed community of license, which must be located on
tribal lands. Applicants claiming Section 307(b) preferences using
these factors will submit information to substantiate their claims. The
Commission will dismiss, without further processing, the previously
filed AM auction filing window application and technical proposal of
any applicant that fails to file an amendment addressing the Section
307(b) criteria, where required. Mutually exclusive AM applicants may
not use this as an opportunity to change the technical proposal
specified in the AM auction filing window application. The Section
307(b) showing must be based on the technical proposal as specified in
the AM auction filing window application.
OMB Control Number: 3060-0031.
OMB Approval Date: May 27, 2010.
Expiration Date: May 31, 2013.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License, FCC Form 314; Application for Consent
to Transfer Control of Entity Holding Broadcast Station Construction
Permit or License, FCC Form 315; Section 73.3580, Local Public Notice
of Filing of Broadcast Applications.
Form Number: FCC Forms 314 and 315.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or tribal government.
Number of Respondents and Responses: 4,820 respondents and 12,520
responses.
Estimated Time per Response: 2 to 6 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 154(i), 303(b) and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 18,443 hours.
Total Annual Costs: $36,168,450.00.
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: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (the
``Order'') in MB Docket No. 09-52; FCC 10-24, 25 FCC Rcd 1583 (2010).
The Order adopts rule changes designed to streamline and clarify
certain procedures associated with the award of broadcast radio
construction permits by competitive bidding. In the Order, the
Commission also adopted a priority under Section 307(b) of the
Communications Act of 1934, as amended, to assist federally recognized
Native American Tribes and Alaska Native Villages (``Tribes''),
enrolled members of Tribes, and entities primarily owned or controlled
by Tribes or enrolled members of Tribes, in obtaining broadcast radio
construction permits designed primarily to serve tribal lands (the
``Tribal Priority''). Applicants affiliated with Tribes who meet
certain conditions regarding tribal membership and signal coverage
qualify for the Tribal Priority, which in most cases will enable the
qualifying applicants to obtain construction permits without proceeding
to competitive bidding, in the case of commercial stations, or to point
system evaluation, in the case of noncommercial educational (``NCE'')
stations. Once a permit is obtained, it cannot be assigned or
transferred to another person or entity for a period beginning with
issuance of the construction permit until the station has completed
four years of on-air operations, unless the assignee or transferee also
qualifies for the Tribal Priority.
Consistent with actions taken by the Commission in the Order, the
following changes are made to Forms 314 and 315: Section I of each form
includes a new question asking applicants to indicate whether any of
the authorizations involved in the transaction were obtained (or, in
the case of non-reserved band commercial FM stations the allotment for
the station was obtained) through the Tribal Priority. The instructions
for Section I of Forms 314 and 315 have been revised to assist
applicants with completing the new questions.
OMB Control Number: 3060-0009.
OMB Approval Date: May 27, 2010.
Expiration Date: May 31, 2013.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License or Transfer of Control of Corporation
Holding Broadcast Station Construction Permit or License.
Form Number: FCC Form 316.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or tribal government.
Number of Respondents and Responses: 750 respondents and 750
responses.
Estimated Time per Response: 1.5 to 4.5 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 154(i) and 310(d) of the Communications Act of 1934, as
amended.
Total Annual Burden: 1,231 hours.
Total Annual Costs: $711,150.00.
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: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (the
``Order'') in MB Docket No. 09-52, FCC 10-24, 25 FCC Rcd 1583 (2010).
The Order adopts rule changes designed to streamline and clarify
certain procedures associated with the award of broadcast radio
construction permits by competitive bidding. To prevent unjust
enrichment by parties that acquire broadcast construction permits
through the use of a bidding credit in an auction, Section 73.5007(c)
of the Rules requires reimbursement to the Commission of all or part of
the bidding credit upon a subsequent assignment or transfer of control,
if the proposed assignee or transferee is not eligible for the same
percentage of bidding credit. The rule is routinely applied to ``long
form'' assignment or transfer applications filed on FCC Forms 314 and
315. In the Order, the Commission also sought to clarify that the
unjust enrichment payments to the government must be made even when an
assignment or transfer is pro forma in nature and therefore filed on
FCC Form 316. This ensures that applicants do not use the summary pro
forma assignment and transfer procedures to circumvent the unjust
enrichment requirements.
Consistent with actions taken by the Commission in the Order, FCC
Form 316 has been revised to add the broadcast auction-based questions
presently included on FCC Forms 314
[[Page 73979]]
and 315, specifically asking the applicants to certify that the
proposed assignment or transfer complies with the unjust enrichment
provisions of the Commission's competitive bidding rules. The
instructions for FCC Form 316 have been revised to assist applicants
with completing the new questions.
Federal Communications Commission.
Gloria Miles,
Federal Register Liaison.
[FR Doc. 2010-29671 Filed 11-29-10; 8:45 am]
BILLING CODE 6712-01-P
