Notification of Anticipated Delay in Administrative Appeal Decisions, 37661-37663 [2011-15956]
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
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required to submit an application filing
fee with their post-auction long-form
applications. This clarification is
intended to rectify a possible
inconsistency throughout the
Commission’s rules, and in an earlier
Commission Order.
DATES: Effective June 28, 2011.
ADDRESSES: Roland Helvajian, Federal
Communications Commission, Office of
the Managing Director, Revenue and
Receivables Operations Group, 445 12th
Street, SW., Washington, DC 20445.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of the
Managing Director, Revenue and
Receivables Operations Group, (202)
418–0444 or Roland.Helvajian@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Order, FCC 11–98, adopted June 17,
2011, and released June 20, 2011.
Synopsis of Order
1. In the Notice of Proposed
Rulemaking (NPRM) in this proceeding,
the Commission proposed to clarify the
rules on payment of post-auction longform filing fees by winning bidders in
auctions of construction permits in the
broadcast services. It noted an
inconsistency between Implementation
of Section 309(j) of the Communications
Act—Competitive Bidding for
Commercial Broadcast and
Instructional Television Fixed Service
Licenses, First Report and Order (13
FCC Rcd 15920, 15984–85 para. 164
(1998)), in which the Commission
required that winning broadcast auction
bidders pay filing fees with their postauction long-form applications, and 47
CFR 1.1104, the Schedule of Charges for
Media Bureau Service filings, which
requires payment of a fee when the
long-form application is filed, on the
one hand, and 47 CFR 1.2107(c), which
suggests that a filing fee need not
accompany a high bidder’s long-form
application, on the other. To rectify this
inconsistency and conform the rules to
the Commission’s stated intent in the
Broadcast Competitive Bidding First
Report and Order, the Commission
proposed in the NPRM to amend 47 CFR
1.2107(c) to read, ‘‘Except as otherwise
provided in § 1.1104 of the rules, high
bidders need not submit an additional
application fee with their long-form
applications.’’ By amending 47 CFR
1.2107(c), the Commission clarifies that
high bidders filing long-form
applications for media services must
still pay any fees required by 47 CFR
1.1104 when filing their post-auction
long-form application.
2. The Commission received no
comments or reply comments regarding
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the proposed rule change. Therefore, the
Commission adopts the change to 47
CFR 1.2107(c) as set forth herein.
have defaulted and will be subject to the
payments set forth in § 1.2104.
*
*
*
*
*
Ordering Clauses
[FR Doc. 2011–16152 Filed 6–27–11; 8:45 am]
3. The rule adopted in this Second
Order is a rule of agency procedure that
does not substantially affect the rights or
obligations of non-agency parties, and is
exempt from the requirements of the
Congressional Review Act pursuant to 5
U.S.C. 804(3)(C).
4. It is ordered that the Commission’s
rules are hereby amended as set forth
herein.
5. It is further ordered that the rule
change in this Second Order will
become effective June 28, 2011.
List of Subjects in 47 CFR Part 1
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 to
read as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), and
309.
2. Section 1.2107 is amended by
revising paragraph (c) to read as follows:
■
§ 1.2107 Submission of down payment and
filing of long-form applications.
*
*
*
*
(c) A high bidder that meets its down
payment obligations in a timely manner
must, within ten (10) business days after
being notified that it is a high bidder,
submit an additional application (the
‘‘long-form application’’) pursuant to
the rules governing the service in which
the applicant is the high bidder. Except
as otherwise provided in § 1.1104, high
bidders need not submit an additional
application filing fee with their longform applications. Specific procedures
for filing applications will be set out by
Public Notice. Ownership disclosure
requirements are set forth in § 1.2112.
Beginning January 1, 1999, all long-form
applications must be filed
electronically. An applicant that fails to
submit the required long-form
application under this paragraph and
fails to establish good cause for any latefiled submission, shall be deemed to
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 105, 107, 109, 171, 172,
173, 174, 175, 176, 178, and 180
[Docket No. PHMSA–2011–0132; Notice No.
11–5]
Notification of Anticipated Delay in
Administrative Appeal Decisions
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice.
AGENCY:
Administrative practice and
procedure.
*
BILLING CODE 6712–01–P
This notice advises the public
that PHMSA is currently reviewing
numerous administrative appeals (i.e.,
petitions for reconsideration) on
recently issued final rules. In
accordance with applicable regulatory
requirements, this notice provides
notification to parties having brought
certain administrative appeals of the
anticipated delay in processing these
administrative appeals.
FOR FURTHER INFORMATION CONTACT:
Charles E. Betts, Director, Standards and
Rulemaking Division, Office of
Hazardous Materials Safety, (202) 366–
4512, PHMSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Appeals
The Pipeline and Hazardous Materials
Safety Administration’s (PHMSA) Office
of Hazardous Materials Standards
recently received a number of petitions
for reconsideration of several recent
PMHSA final rules, which are known as
‘‘administrative appeals’’ under
PHMSA’s applicable regulations, 49
CFR 106.110 et seq. The administrative
appeals that are the subject of this
Federal Register notice focus on four
recently published final rules. Key
information on the administrative
appeals, including the rulemaking
docket number, are provided below.
Interested persons may go to https://
www.regulations.gov and search by the
rulemaking docket number to view
rulemakings, administrative appeals,
comments, and other rulemaking related
documentation. The administrative
appeals now being considered by
PHMSA, organized by final rule, are as
follows:
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
HM–231 (Docket No. PHMSA–2006–
25736)
HAZARDOUS MATERIALS; MISCELLANEOUS PACKAGING AMENDMENTS (SEPTEMBER 30, 2010; 75 FR 60333)
Appeal from
Issue
Dangerous Goods Advisory Council (DGAC) ....
Appeal focuses on the miscellaneous packaging requirements final rule pertaining to PHMSA’s
responsiveness to the request to extend the effective date of the final rule and revisions to
the final rule in a manner not previously proposed or requested.
HM–233B (Docket No. PHMSA–2009–
0410)
HAZARDOUS MATERIALS; REVISIONS OF SPECIAL PERMITS PROCEDURES (JANUARY 5, 2011; 76 FR 454)
Appeals from
Issue
Council on Safe Transportation of Hazardous
Articles, Inc. (COSTHA).
Appeal focuses on the special permit procedures final rule provisions addressing:
• Estimating operations to be conducted under a special permit.
• Listing the CEO or president of the company.
• Providing a Dun and Bradstreet Data Universal Numbering System (DUNS) identifier.
Appeal focuses on the special permit procedures final rule provisions addressing:
• Listing all known locations where a special permit will be used.
• Providing a description of operational controls.
• Providing a statement outlining the reason(s) the hazardous material is being transported by
air.
Appeal focuses on the special permit procedures final rule provisions addressing:
• Listing all known locations where a special permit will be used.
• Providing estimates of the number of operations expected to be conducted under a special
permit.
• Providing a hazardous materials registration number.
• Providing a statement justifying shipments by air.
• Listing the CEO or president of the company.
• Providing a DUNS identifier.
• Providing a quantity or number of packages to be shipped.
Institute of Makers of Explosives (IME) ..............
Association of Hazmat Shippers, Inc. (AHS) .....
HM–215K (Docket No. PHMSA–2009–
0126)
HAZARDOUS MATERIALS; HARMONIZATION WITH THE UNITED NATIONS RECOMMENDATIONS ON THE TRANSPORT OF DANGEROUS GOODS, INTERNATIONAL MARITIME DANGEROUS GOODS CODE, INTERNATIONAL CIVIL AVIATION ORGANIZATION TECHNICAL INSTRUCTIONS FOR THE SAFE TRANSPORT OF DANGEROUS GOODS BY AIR (JANUARY 19, 2011; 76
FR 3308)
Appeals from
Issue
American Coatings Association (ACA) ...............
Appeal focuses on the international harmonization final rule pertaining to PHMSA’s decision to
eliminate the ORM–D system ‘‘without any [PHMSA] debate or consideration of [1] the type
of materials that use this exception; [2] the costs incurred by the regulated community; and
[3] the safety benefits.’’ ACA also requests, based on a denial of their request to address
the elimination of the ORM–D system in a separate rulemaking that PHMSA extend the
transition period for use of the ORM–D system until January 1, 2016.
Appeal focuses on the international harmonization final rule pertaining to the limited quantity
exception for the material ‘‘Self-reactive solid, Type F, UN3230.’’
Appeal focuses on the international harmonization final rule provisions addressing:
• UN3334 (Aviation regulated liquid, n.o.s.) and UN3335 (Aviation regulated solid, n.o.s.) be
added to the list of excepted Class 9 (miscellaneous hazard) material on the basis that the
material is authorized for limited quantity exceptions under the HMR and is consistent with
the ICAO TI.
• The one-year transition period does not allow sufficient time to deplete stock(s) of pre-printed packagings.
Appeal focuses on the international harmonization final rule pertaining to the prohibition on air
transportation of fuel cell cartridges as ORM–D material and the deviation from the ICAO TI
and the UN Model Regulations.
Appeal focuses on the international harmonization final rule pertaining to 49 CFR
175.10(a)(19) to align with the ICAO TI and allow spare fuel cell cartridges containing Division 2.1 flammable gas to be carried in checked baggage.
Appeal focuses on the international harmonization final rule pertaining to the one-year transition period for depletion of stock(s) of pre-printed packagings.
AHS .....................................................................
WReier-Aviles on DSKGBLS3C1PROD with RULES
Dangerous Goods Transport Consulting, Inc.
(DGTC) on behalf of DGAC.
Fuel Cell and Hydrogen Energy Association
(FHEA).
Lilliputian Systems, Inc., (LSI) ............................
PPG Industries (PPG) ........................................
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
37663
HAZARDOUS MATERIALS; HARMONIZATION WITH THE UNITED NATIONS RECOMMENDATIONS ON THE TRANSPORT OF DANGEROUS GOODS, INTERNATIONAL MARITIME DANGEROUS GOODS CODE, INTERNATIONAL CIVIL AVIATION ORGANIZATION TECHNICAL INSTRUCTIONS FOR THE SAFE TRANSPORT OF DANGEROUS GOODS BY AIR (JANUARY 19, 2011; 76
FR 3308)—Continued
Appeals from
Issue
Sporting Arms & Ammunition Manufacturer’s Institute (SAAMI).
Appeal focuses on the international harmonization final rule provisions addressing:
• The list of prohibited hazardous material and articles.
• Exceptions from the air prohibition for Table 3 in 49 CFR 173.27(f) pertaining to limited
quantities of Class 1 (explosive) material conforming to 49 CFR 173.63(b) and Class 7 (radioactive) material conforming to 49 CFR 173.421 through 173.425.
PHM–7 (Docket No. PHMSA–2005–
22356)
HAZARDOUS MATERIALS: ENHANCED ENFORCEMENT AUTHORITY PROCEDURES (MARCH 2, 2011; 76 FR 11570)
Appeals from
Issue
COSTHA .............................................................
Appeal focuses on the enhanced enforcement authority procedures final rule provisions addressing:
• Package opening and reclosing by carrier vs. enforcement personnel.
• Removing a package from transportation and ordering carrier personnel to transport the
package for testing.
Appeal focuses on the enhanced enforcement authority procedures final rule provisions addressing:
• Implementation of the authority to direct carriers to transport materials suspected of being
hazardous materials to a facility for further examination.
• Resumption of transportation for a package that violates the HMR, but does not present an
imminent safety hazard.
Appeal focuses on the enhanced enforcement authority procedures final rule provisions addressing:
• Package opening at facilities vs. road side.
• Department of Homeland Security’s responsibility to open packages in pursuit of security related issues and possible treats.
American Trucking Associations (ATA) ..............
United Parcel Service (UPS) ..............................
WReier-Aviles on DSKGBLS3C1PROD with RULES
II. Notification of Anticipated Delay in
Appeal Decisions
49 CFR 106.130(a)(4) provides that if
PHMSA does not issue a decision on
whether to grant or deny an
administrative appeal within 90 days
after the date that the final rule is
published in the Federal Register and
that we anticipate a substantial delay in
making a decision, PHMSA will notify
parties having brought administrative
appeals directly and provide an
expected decision date. In addition,
PHMSA will publish a notice of the
delay in the Federal Register. Due to the
volume of appeals received, as indicated
above, we anticipate delays in making
administrative appeal decisions. As a
result, in accordance with 49 CFR
106.130(a)(4), we are publishing this
notice in the Federal Register to notify
the public, and we anticipate directly
contacting parties having brought these
administrative appeals shortly.
Issued in Washington, DC on June 21,
2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety.
amended (Act). In total, approximately
25 acres (10.25 hectares) located in
Taney County, Missouri, fall within the
boundaries of the critical habitat
designation.
[FR Doc. 2011–15956 Filed 6–27–11; 8:45 am]
DATES:
BILLING CODE 4910–60–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Docket No. FWS–R3–ES–2010–0042; MO–
92210–0–0009–B4]
RIN 1018–AW90
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Tumbling Creek Cavesnail
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), designate
critical habitat for the Tumbling Creek
cavesnail (Antrobia culveri) under the
Endangered Species Act of 1973, as
SUMMARY:
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This rule becomes effective on
July 28, 2011.
ADDRESSES: This final rule, the
associated final economic analysis,
comments and materials received, as
well as supporting documentation used
in preparing this final rule are available
on the Internet at https://
www.regulations.gov at Docket No.
FWS–R3–ES–2010–0042. These
documents are also available for public
inspection, by appointment, during
normal business hours, at the U.S. Fish
and Wildlife Service, Columbia Fish
and Wildlife Office, 101 Park DeVille
Dr., Suite A,, Columbia, MO 65203;
telephone: 573–234–2132; facsimile:
573–234–2181.
FOR FURTHER INFORMATION CONTACT:
Charles M. Scott, Field Supervisor,
Columbia Fish and Wildlife Office, (see
ADDRESSES). If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
E:\FR\FM\28JNR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37661-37663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 107, 109, 171, 172, 173, 174, 175, 176, 178, and
180
[Docket No. PHMSA-2011-0132; Notice No. 11-5]
Notification of Anticipated Delay in Administrative Appeal
Decisions
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that PHMSA is currently
reviewing numerous administrative appeals (i.e., petitions for
reconsideration) on recently issued final rules. In accordance with
applicable regulatory requirements, this notice provides notification
to parties having brought certain administrative appeals of the
anticipated delay in processing these administrative appeals.
FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Director, Standards
and Rulemaking Division, Office of Hazardous Materials Safety, (202)
366-4512, PHMSA, 1200 New Jersey Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Appeals
The Pipeline and Hazardous Materials Safety Administration's
(PHMSA) Office of Hazardous Materials Standards recently received a
number of petitions for reconsideration of several recent PMHSA final
rules, which are known as ``administrative appeals'' under PHMSA's
applicable regulations, 49 CFR 106.110 et seq. The administrative
appeals that are the subject of this Federal Register notice focus on
four recently published final rules. Key information on the
administrative appeals, including the rulemaking docket number, are
provided below. Interested persons may go to https://www.regulations.gov
and search by the rulemaking docket number to view rulemakings,
administrative appeals, comments, and other rulemaking related
documentation. The administrative appeals now being considered by
PHMSA, organized by final rule, are as follows:
[[Page 37662]]
HM-231 (Docket No. PHMSA-2006-25736)
Hazardous Materials; Miscellaneous Packaging Amendments (September 30,
2010; 75 FR 60333)
------------------------------------------------------------------------
Appeal from Issue
------------------------------------------------------------------------
Dangerous Goods Advisory Appeal focuses on the miscellaneous
Council (DGAC). packaging requirements final rule
pertaining to PHMSA's responsiveness to
the request to extend the effective date
of the final rule and revisions to the
final rule in a manner not previously
proposed or requested.
------------------------------------------------------------------------
HM-233B (Docket No. PHMSA-2009-0410)
Hazardous Materials; Revisions of Special Permits Procedures (January 5,
2011; 76 FR 454)
------------------------------------------------------------------------
Appeals from Issue
------------------------------------------------------------------------
Council on Safe Appeal focuses on the special permit
Transportation of Hazardous procedures final rule provisions
Articles, Inc. (COSTHA). addressing:
Estimating operations to be
conducted under a special permit.
Listing the CEO or president of
the company.
Providing a Dun and Bradstreet
Data Universal Numbering System (DUNS)
identifier.
Institute of Makers of Appeal focuses on the special permit
Explosives (IME). procedures final rule provisions
addressing:
Listing all known locations
where a special permit will be used.
Providing a description of
operational controls.
Providing a statement outlining
the reason(s) the hazardous material is
being transported by air.
Association of Hazmat Appeal focuses on the special permit
Shippers, Inc. (AHS). procedures final rule provisions
addressing:
Listing all known locations
where a special permit will be used.
Providing estimates of the
number of operations expected to be
conducted under a special permit.
Providing a hazardous materials
registration number.
Providing a statement justifying
shipments by air.
Listing the CEO or president of
the company.
Providing a DUNS identifier.
Providing a quantity or number
of packages to be shipped.
------------------------------------------------------------------------
HM-215K (Docket No. PHMSA-2009-0126)
Hazardous Materials; Harmonization With the United Nations
Recommendations on the Transport of Dangerous Goods, International
Maritime Dangerous Goods Code, International Civil Aviation Organization
Technical Instructions for the Safe Transport of Dangerous Goods by Air
(January 19, 2011; 76 FR 3308)
------------------------------------------------------------------------
Appeals from Issue
------------------------------------------------------------------------
American Coatings Association Appeal focuses on the international
(ACA). harmonization final rule pertaining to
PHMSA's decision to eliminate the ORM-D
system ``without any [PHMSA] debate or
consideration of [1] the type of
materials that use this exception; [2]
the costs incurred by the regulated
community; and [3] the safety
benefits.'' ACA also requests, based on
a denial of their request to address the
elimination of the ORM-D system in a
separate rulemaking that PHMSA extend
the transition period for use of the ORM-
D system until January 1, 2016.
AHS.......................... Appeal focuses on the international
harmonization final rule pertaining to
the limited quantity exception for the
material ``Self-reactive solid, Type F,
UN3230.''
Dangerous Goods Transport Appeal focuses on the international
Consulting, Inc. (DGTC) on harmonization final rule provisions
behalf of DGAC. addressing:
UN3334 (Aviation regulated
liquid, n.o.s.) and UN3335 (Aviation
regulated solid, n.o.s.) be added to the
list of excepted Class 9 (miscellaneous
hazard) material on the basis that the
material is authorized for limited
quantity exceptions under the HMR and is
consistent with the ICAO TI.
The one-year transition period
does not allow sufficient time to
deplete stock(s) of pre-printed
packagings.
Fuel Cell and Hydrogen Energy Appeal focuses on the international
Association (FHEA). harmonization final rule pertaining to
the prohibition on air transportation of
fuel cell cartridges as ORM-D material
and the deviation from the ICAO TI and
the UN Model Regulations.
Lilliputian Systems, Inc., Appeal focuses on the international
(LSI). harmonization final rule pertaining to
49 CFR 175.10(a)(19) to align with the
ICAO TI and allow spare fuel cell
cartridges containing Division 2.1
flammable gas to be carried in checked
baggage.
PPG Industries (PPG)......... Appeal focuses on the international
harmonization final rule pertaining to
the one-year transition period for
depletion of stock(s) of pre-printed
packagings.
[[Page 37663]]
Sporting Arms & Ammunition Appeal focuses on the international
Manufacturer's Institute harmonization final rule provisions
(SAAMI). addressing:
The list of prohibited hazardous
material and articles.
Exceptions from the air
prohibition for Table 3 in 49 CFR
173.27(f) pertaining to limited
quantities of Class 1 (explosive)
material conforming to 49 CFR 173.63(b)
and Class 7 (radioactive) material
conforming to 49 CFR 173.421 through
173.425.
------------------------------------------------------------------------
PHM-7 (Docket No. PHMSA-2005-22356)
Hazardous Materials: Enhanced Enforcement Authority Procedures (March 2,
2011; 76 FR 11570)
------------------------------------------------------------------------
Appeals from Issue
------------------------------------------------------------------------
COSTHA....................... Appeal focuses on the enhanced
enforcement authority procedures final
rule provisions addressing:
Package opening and reclosing by
carrier vs. enforcement personnel.
Removing a package from
transportation and ordering carrier
personnel to transport the package for
testing.
American Trucking Appeal focuses on the enhanced
Associations (ATA). enforcement authority procedures final
rule provisions addressing:
Implementation of the authority
to direct carriers to transport
materials suspected of being hazardous
materials to a facility for further
examination.
Resumption of transportation for
a package that violates the HMR, but
does not present an imminent safety
hazard.
United Parcel Service (UPS).. Appeal focuses on the enhanced
enforcement authority procedures final
rule provisions addressing:
Package opening at facilities
vs. road side.
Department of Homeland
Security's responsibility to open
packages in pursuit of security related
issues and possible treats.
------------------------------------------------------------------------
II. Notification of Anticipated Delay in Appeal Decisions
49 CFR 106.130(a)(4) provides that if PHMSA does not issue a
decision on whether to grant or deny an administrative appeal within 90
days after the date that the final rule is published in the Federal
Register and that we anticipate a substantial delay in making a
decision, PHMSA will notify parties having brought administrative
appeals directly and provide an expected decision date. In addition,
PHMSA will publish a notice of the delay in the Federal Register. Due
to the volume of appeals received, as indicated above, we anticipate
delays in making administrative appeal decisions. As a result, in
accordance with 49 CFR 106.130(a)(4), we are publishing this notice in
the Federal Register to notify the public, and we anticipate directly
contacting parties having brought these administrative appeals shortly.
Issued in Washington, DC on June 21, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-15956 Filed 6-27-11; 8:45 am]
BILLING CODE 4910-60-P
