Amendment of the Schedule of Application Fees Set Forth In Sections 1.1102 Through 1.1109 of the Commission's Rules, 37660-37661 [2011-16152]
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37660
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
references to the ‘‘election’’ of a party or
parties are changed to the ‘‘request’’ of
a party or parties. Corresponding
changes are made to §§ 955.10 and
955.18.
39 CFR Part 955
Rules of Practice Before the Postal
Service Board of Contract Appeals
Postal Service.
ACTION: Final rule.
AGENCY:
The Postal Service is revising
portions of the rules of practice before
the Postal Service Board of Contract
Appeals to clarify existing procedures,
and to modify certain citations to reflect
a change in statutory codification.
DATES: Effective date: July 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Administrative Judge Gary E. Shapiro,
(703) 812–1910.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Executive Summary
The rules of practice in proceedings
before the Postal Service Board of
Contract Appeals are contained in 39
CFR part 955, which was substantially
revised on May 5, 2009 (74 FR 20592).
Subsequently, it became apparent that
certain aspects of the rules required
further clarification to conform to
existing practice. In addition, citations
to the Contract Disputes Act required
revision to conform to the new
codification of title 41, United States
Code, under Public Law 111–350, 124
Stat. 3677 (Jan. 4, 2011).
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B. Summary of Changes
Changes to § 955.1 conform the rules
to the new codification of the Contract
Disputes Act.
Formerly, § 955.6 provided that either
party may apply for a hearing on a
motion addressed to the jurisdiction of
the Board. The revised rule clarifies
existing practice that the Board
determines whether to conduct oral
argument related to such a motion and
that it may do so on its own initiative.
The term ‘‘oral argument’’ is substituted
for ‘‘hearing’’ as a more accurate
descriptor of current practice.
Section 955.7 is revised to reflect that
the Board, on its own initiative and in
the absence of a request by the
appellant, may designate a document to
constitute the appellant’s complaint,
and may do so prior to the time required
for the appellant to file its complaint.
The revised rule is intended to clarify
that the complaint designation
determination is to be made by the
Board although it may be requested by
the appellant.
Section 955.9 is revised to reflect that
while the parties may request a hearing,
the Board determines whether a hearing
will be conducted. Accordingly,
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opinion of the Board the issues before
the Board are sufficiently defined.
*
*
*
*
*
■ 5. Section 955.9 is revised to read as
follows:
List of Subjects in 39 CFR Part 955
POSTAL SERVICE
§ 955.9
Administrative practice and
procedure, Contract Disputes Act of
1978, Postal Service.
For the reasons set forth in the
preamble, the Postal Service hereby
amends 39 CFR part 955 as set forth
below:
Hearing request.
Authority: 39 U.S.C. 204, 401; 41 U.S.C.
7101–7109.
As directed by Board order, each
party shall inform the Board, in writing,
whether it requests a hearing as
prescribed in §§ 955.18 through 955.25,
or in the alternative submission of its
case on the record without a hearing as
prescribed in § 955.12. If a hearing is
requested, the request should state
where and when the requesting party
desires the hearing to be conducted and
should explain the reasons for its
choices. After considering the parties’
requests, the Board will determine
whether a hearing will be held.
■ 6. In § 955.10, the first sentence is
revised to read as follows:
§ 955.1
§ 955.10
PART 955—RULES OF PRACTICE
BEFORE THE POSTAL SERVICE
BOARD OF CONTRACT APPEALS
1. The authority citation for 39 CFR
part 955 is revised to read as follows:
■
[Amended]
2. In § 955.1, the first sentence of
paragraph (a) and the first sentence of
paragraph (b)(2) are amended by
removing ‘‘41 U.S.C. 601–613’’, and
adding ‘‘41 U.S.C. 7101–7109’’ in its
place.
■ 3. In § 955.6, paragraph (a) is revised
to read as follows:
■
§ 955.6
Motions.
(a) Any motion addressed to the
jurisdiction of the Board shall be
promptly filed. Oral argument on the
motion may be afforded on application
of either party, in the Board’s discretion,
or on the Board’s initiative. The Board
may at any time and on its own
initiative raise the issue of its
jurisdiction to proceed with a particular
case.
*
*
*
*
*
■ 4. In § 955.7, paragraph (a) is revised
to read as follows:
§ 955.7
Pleadings.
(a) Appellant. Within 45 days after
receipt of notice of docketing of the
appeal, the appellant shall file with the
Board a complaint setting forth simple,
concise and direct statements of each of
its claims, alleging the basis, with
appropriate reference to contract
provisions, for each claim, and the
dollar amount claimed, and shall serve
the respondent with a copy. This
pleading shall fulfill the generally
recognized requirements of a complaint
although no particular form or formality
is required. Upon the appellant’s
request or on the Board’s own initiative,
the appellant’s claim, notice of appeal
or other document may be deemed to
constitute the complaint if in the
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Prehearing briefs.
Based on an examination of the
documentation described in § 955.5, the
pleadings, and a determination of
whether the arguments and authorities
addressed to the issues are adequately
set forth therein, the Board may, in its
discretion, require the parties to submit
prehearing briefs in any case in which
a hearing has been ordered pursuant to
§ 955.9. * * *
■ 7. In § 955.18, the first sentence is
revised to read as follows:
§ 955.18
Hearings—where and when held.
If there is to be a hearing, it will be
held at a time and place prescribed by
the Board after consultation with the
parties. * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011–15961 Filed 6–27–11; 8:45 am]
BILLING CODE 7710–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[GEN Docket No. 86–285; FCC 11–98]
Amendment of the Schedule of
Application Fees Set Forth In Sections
1.1102 Through 1.1109 of the
Commission’s Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission amends its rules to clarify
that winning bidders in auctions of
commercial broadcast spectrum are
SUMMARY:
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
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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37661
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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]]>Agencies
[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37660-37661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16152]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[GEN Docket No. 86-285; FCC 11-98]
Amendment of the Schedule of Application Fees Set Forth In
Sections 1.1102 Through 1.1109 of the Commission's Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission amends its rules to clarify
that winning bidders in auctions of commercial broadcast spectrum are
[[Page 37661]]
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
long-form 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 post-auction 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 Sec. 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
the proposed rule change. Therefore, the Commission adopts the change
to 47 CFR 1.2107(c) as set forth herein.
Ordering Clauses
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
Administrative practice and procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 1 to read as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
0
2. Section 1.2107 is amended by revising paragraph (c) to read as
follows:
Sec. 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
Sec. 1.1104, high bidders need not submit an additional application
filing fee with their long-form applications. Specific procedures for
filing applications will be set out by Public Notice. Ownership
disclosure requirements are set forth in Sec. 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 late-filed submission, shall be deemed to have defaulted and
will be subject to the payments set forth in Sec. 1.2104.
* * * * *
[FR Doc. 2011-16152 Filed 6-27-11; 8:45 am]
BILLING CODE 6712-01-P
