Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures, 71713-71714 [2012-26009]
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
and Annual reporting requirements,
Third Party Disclosure requirements
and Recordkeeping requirements.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 1, 4(i), 201–
205, 214, 254, 403 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 24,185,658
hours.
Total Annual Cost: N/A.
Nature and Extent of Confidentiality:
The Commission is not requesting that
respondents submit confidential
information to the Commission. We note
that the Universal Service
Administrative Corporation must
preserve the confidentiality of all data
obtained from respondents and
contributors to the universal service
support program mechanism, must not
use the data except for purposes of
administering the universal service
support program, and must not disclose
data in company-specific form unless
directed to do so by the Commission.
Also, respondents may request materials
or information submitted to the
Commission be withheld from public
inspection under 47 CFR 0.459 of the
Commission’s rules.
Needs and Uses: In the 2012 Lifeline
Reform Order, 77 FR 12952, March 2,
2012, we take actions necessary to
address waste in the Universal Service
Fund. All the requirements contained
herein are necessary to implement the
congressional mandate for universal
service. These reporting and
recordkeeping requirements are
necessary to ensure that only eligible
subscribers receive support and that
Eligible Telecommunications Carriers
follow certain rules designed to protect
low income consumers and the
Universal Service Fund. The Lifeline
Reform Order is another step in the
Commission’s ongoing efforts to
overhaul all of USF programs. The
Order acts to eliminate waste and
inefficiency in the program and to
increase accountability.
Federal Communications Commission.
Bulah P. Wheeler,
Associate Secretary.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 09–52; FCC 11–190]
Policies To Promote Rural Radio
Service and To Streamline Allotment
and Assignment Procedures
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective 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
(form revisions) associated with the
Commission’s rules contained in the
Third Report and Order, FCC 11–190,
pertaining to the policies to promote
rural radio service and to streamline
allotment and assignment procedures.
This notice is consistent with the Third
Report and Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of these information
collection requirements (form changes).
DATES: Effective date: The amendment
to § 73.3573, published at 77 FR 32034,
May 31, 2012, was approved by OMB
July 2, 2012, and is effective December
4, 2012.
Applicability date: The form revisions
to FCC Forms 314 and 315 associated
with this rule are applicable December
4, 2012.
FOR FURTHER INFORMATION CONTACT:
Cathy Williams on (202) 418–2918 or
via email to: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on October
10, 2012, OMB approved, for a period of
three years, the information collection
requirements contained in the
Commission’s Third Report and Order,
FCC 11–190, published at 77 FR 2916,
January 20, 2012. The OMB Control
Number is 3060–0031. The Commission
publishes this document as an
announcement of the effective date of
the information collection requirements
(form revisions for FCC Forms 314 and
315).
SUMMARY:
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on October 10,
2012, for the form revisions to FCC
Forms 314 and 315.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
PO 00000
Frm 00027
Fmt 4700
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71713
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 current, valid OMB Control
Number. The OMB Control Number is
3060–0031.
The foregoing is required by the
Paperwork Reduction Act of 1995, Pub.
L. 104–13, October 1, 1995, and 44
U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
Control Number: 3060–0031.
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 Numbers: FCC Forms 314 and
315.
OMB Approval Date: October 10,
2012.
OMB Expiration Date: October 31,
2015.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or Tribal
government.
Number of Respondents and
Responses: 4,840 respondents and
12,880 responses.
Estimated Time per Response: 0.084
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: 18,670 hours.
Total Annual Cost: $52,519,656.
Privacy Impact Assessment(s): No
impacts.
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 (‘‘Rural First
R&O’’) in MB Docket No. 09–52, FCC
10–24, 25 FCC Rcd 1583 (2010). In the
Rural First R&O, the Commission
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71714
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations
adopted a Tribal 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’’) and
entities primarily owned or controlled
by Tribes in obtaining broadcast radio
construction permits designed primarily
to serve Tribal Lands (the ‘‘Tribal
Priority’’). Tribal affiliated applicants
that 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 radio construction
permits without proceeding to
competitive bidding, in the case of
commercial stations, or to a point
system evaluation, in the case of
noncommercial educational (‘‘NCE’’)
stations. On March 3, 2011, the
Commission adopted a Second Report
and Order (‘‘Rural Second R&O’’), First
Order on Reconsideration, and Second
Further Notice of Proposed Rule Making
in MB Docket No. 09–52, FCC 11–28, 26
FCC Rcd 2556 (2011). On December 28,
2011, the Commission adopted a Third
Report and Order in MB Docket No. 09–
52, FCC 11–190, 26 FCC Rcd 17642
(2011) (‘‘Rural Third R&O’’). In the
Rural Third R&O the Commission
further refined the use of the Tribal
Priority in the commercial FM radio
context, specifically adopting a
‘‘Threshold Qualifications’’ approach to
commercial FM application processing.
Furthermore, under the Commission’s
Tribal Priority procedures, entities
obtaining:
(a) An AM authorization for which
the applicant claimed and received a
dispositive Section 307(b) priority
because it qualified for the Tribal
Priority; or
(b) An FM commercial non-reserved
band station awarded:
(1) To the applicant as a singleton
Threshold Qualifications Window
applicant,
(2) To the applicant after a settlement
among Threshold Qualifications
Window applicants, or
(3) To the applicant after an auction
among a closed group of bidders
composed only of threshold qualified
Tribal applicants; or
(c) A reserved-band NCE FM station
for which the applicant claimed and
received the Tribal Priority in a fair
distribution analysis as set forth in 47
CFR 73.7002(b)(1), may not assign or
transfer the authorization during the
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. Pursuant to procedures set
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forth in the Rural Third R&O, 26 FCC
Rcd at 17645–50, the Tribal Priority
Holding Period is now applied in the
context of authorizations obtained using
Tribal Priority Threshold Qualifications.
Consistent with actions taken by the
Commission in the Rural Third R&O,
the following changes are made to
Forms 314 and 315: Section I of each
form includes a question asking
applicants to indicate whether any of
the authorizations involved in the
subject transaction were obtained: after
award of a dispositive Section 307(b)
preference using the Tribal Priority;
through Threshold Qualification
procedures; or through the Tribal
Priority as applied before the NCE fair
distribution analysis. A subsequent
question then asks whether both the
assignor/transferor and assignee/
transferee qualify for the Tribal Priority
in all respects. Applicants not meeting
the Tribal Priority qualifications and
proposing an assignment or transfer
during the Holding Period must provide
an exhibit demonstrating that the
transaction is consistent with the Tribal
Priority policies or that a waiver is
warranted. The instructions for Section
I of Forms 314 and 315 have been
revised to assist applicants with
completing the questions.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2012–26009 Filed 12–3–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 567
[Docket No. NHTSA–2012–0093 Notice 2]
RIN 2127–AL18
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:
This document amends
regulations that prescribe the format and
contents labels that manufacturers are
required to affix to motor vehicles
manufactured for sale in the United
States to certify the compliance of those
vehicles with U.S. safety standards. The
amendment will require specified
certification language to be included on
the labels affixed to certain types of
vehicles.
SUMMARY:
Frm 00028
Petitions for reconsideration
of this final rule should refer to the
docket and notice numbers identified
above and be submitted to:
Administrator, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE., West Building,
Washington, DC 20590. It is requested,
but not required, that 10 copies of the
petition be submitted. The petition must
be received not later than 45 days after
publication of this final rule in the
Federal Register. Petitions filed after
that time will be considered petitions
filed by interested persons to initiate
rulemaking pursuant to 49 U.S.C.
Chapter 301.
The petition must contain a brief
statement of the complaint and an
explanation as to why compliance with
the final rule is not practicable, is
unreasonable, or is not in the public
interest. Unless otherwise specified in
the final rule, the statement and
explanation together may not exceed 15
pages in length, but necessary
attachments may be appended to the
submission without regard to the 15page limit. If it is requested that
additional facts be considered, the
petitioner must state the reason why
they were not presented to the
Administrator within the prescribed
time. The Administrator does not
consider repetitious petitions and
unless the Administrator otherwise
provides, the filing of a petition does
not stay the effectiveness of the final
rule.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, 1200 New Jersey Avenue
SE., Washington, DC 20590; (202) 366–
3151.
NHTSA
published a final rule on February 14,
2005 (70 FR 7414) that amended certain
provisions of title 49, Code of Federal
Regulations, that pertain to the
certification of motor vehicles to
standards administered by NHTSA. In
amending the provisions that establish
the format and content requirements for
certification labels, the agency
inadvertently omitted from 49 CFR
576.4(g)(5) the requirement for
manufacturers to include a specific
certification statement in the labels they
affix to certain types of motor vehicles.
This rule corrects that inadvertent
omission.
SUPPLEMENTARY INFORMATION:
Final Rule
PO 00000
This rule is effective January 3,
2013. Petitions for reconsideration must
be received by NHTSA not later than
January 18, 2013.
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71713-71714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26009]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 09-52; FCC 11-190]
Policies To Promote Rural Radio Service and To Streamline
Allotment and Assignment Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
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 (form revisions) associated
with the Commission's rules contained in the Third Report and Order,
FCC 11-190, pertaining to the policies to promote rural radio service
and to streamline allotment and assignment procedures. This notice is
consistent with the Third Report and Order, which stated that the
Commission would publish a document in the Federal Register announcing
the effective date of these information collection requirements (form
changes).
DATES: Effective date: The amendment to Sec. 73.3573, published at 77
FR 32034, May 31, 2012, was approved by OMB July 2, 2012, and is
effective December 4, 2012.
Applicability date: The form revisions to FCC Forms 314 and 315
associated with this rule are applicable December 4, 2012.
FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418-2918 or
via email to: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This document announces that, on October 10,
2012, OMB approved, for a period of three years, the information
collection requirements contained in the Commission's Third Report and
Order, FCC 11-190, published at 77 FR 2916, January 20, 2012. The OMB
Control Number is 3060-0031. The Commission publishes this document as
an announcement of the effective date of the information collection
requirements (form revisions for FCC Forms 314 and 315).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
October 10, 2012, for the form revisions to FCC Forms 314 and 315.
Under 5 CFR part 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 current, valid OMB Control Number. The OMB
Control Number is 3060-0031.
The foregoing is required by the Paperwork Reduction Act of 1995,
Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
Control Number: 3060-0031.
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 Numbers: FCC Forms 314 and 315.
OMB Approval Date: October 10, 2012.
OMB Expiration Date: October 31, 2015.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or Tribal government.
Number of Respondents and Responses: 4,840 respondents and 12,880
responses.
Estimated Time per Response: 0.084 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: 18,670 hours.
Total Annual Cost: $52,519,656.
Privacy Impact Assessment(s): No impacts.
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 (``Rural
First R&O'') in MB Docket No. 09-52, FCC 10-24, 25 FCC Rcd 1583 (2010).
In the Rural First R&O, the Commission
[[Page 71714]]
adopted a Tribal 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'') and entities primarily
owned or controlled by Tribes in obtaining broadcast radio construction
permits designed primarily to serve Tribal Lands (the ``Tribal
Priority''). Tribal affiliated applicants that 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 radio construction permits without proceeding to competitive
bidding, in the case of commercial stations, or to a point system
evaluation, in the case of noncommercial educational (``NCE'')
stations. On March 3, 2011, the Commission adopted a Second Report and
Order (``Rural Second R&O''), First Order on Reconsideration, and
Second Further Notice of Proposed Rule Making in MB Docket No. 09-52,
FCC 11-28, 26 FCC Rcd 2556 (2011). On December 28, 2011, the Commission
adopted a Third Report and Order in MB Docket No. 09-52, FCC 11-190, 26
FCC Rcd 17642 (2011) (``Rural Third R&O''). In the Rural Third R&O the
Commission further refined the use of the Tribal Priority in the
commercial FM radio context, specifically adopting a ``Threshold
Qualifications'' approach to commercial FM application processing.
Furthermore, under the Commission's Tribal Priority procedures,
entities obtaining:
(a) An AM authorization for which the applicant claimed and
received a dispositive Section 307(b) priority because it qualified for
the Tribal Priority; or
(b) An FM commercial non-reserved band station awarded:
(1) To the applicant as a singleton Threshold Qualifications Window
applicant,
(2) To the applicant after a settlement among Threshold
Qualifications Window applicants, or
(3) To the applicant after an auction among a closed group of
bidders composed only of threshold qualified Tribal applicants; or
(c) A reserved-band NCE FM station for which the applicant claimed
and received the Tribal Priority in a fair distribution analysis as set
forth in 47 CFR 73.7002(b)(1), may not assign or transfer the
authorization during the 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. Pursuant to procedures set forth in the Rural
Third R&O, 26 FCC Rcd at 17645-50, the Tribal Priority Holding Period
is now applied in the context of authorizations obtained using Tribal
Priority Threshold Qualifications.
Consistent with actions taken by the Commission in the Rural Third
R&O, the following changes are made to Forms 314 and 315: Section I of
each form includes a question asking applicants to indicate whether any
of the authorizations involved in the subject transaction were
obtained: after award of a dispositive Section 307(b) preference using
the Tribal Priority; through Threshold Qualification procedures; or
through the Tribal Priority as applied before the NCE fair distribution
analysis. A subsequent question then asks whether both the assignor/
transferor and assignee/transferee qualify for the Tribal Priority in
all respects. Applicants not meeting the Tribal Priority qualifications
and proposing an assignment or transfer during the Holding Period must
provide an exhibit demonstrating that the transaction is consistent
with the Tribal Priority policies or that a waiver is warranted. The
instructions for Section I of Forms 314 and 315 have been revised to
assist applicants with completing the questions.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing
Director.
[FR Doc. 2012-26009 Filed 12-3-12; 8:45 am]
BILLING CODE 6712-01-P
