Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communications Requirements Through the Year 2010, 64126-64127 [2014-25650]

Download as PDF 64126 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [WT Docket No. 96–86; FCC 00–348 and FCC 01–10] Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communications Requirements Through the Year 2010 Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: The Federal Communications Commission (Commission) announces that a certain rule adopted in its Public Safety 700 MHz Narrowband proceeding (WT Docket No. 96–86; FCC 00–348 and FCC 01–10) between 2000 and 2001, to the extent it contained an information collection requirement that required approval by the Office of Management and Budget (OMB) was approved, and became effective August 21, 2014, following approval by OMB. DATES: The information collections in 47 CFR 90.525, 90.529, 90.531 published at 65 FR 66644, November 7, 2000 and 66 FR 10632, February 16, 2001, are effective October 28, 2014. FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418–0848, or email: john.evanoff@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that, on August 21, 2014, OMB approved, for a period of three years, the information collection requirements relating to licensing 700 MHz Public Safety Narrowband channels contained in the Commission’s Third Memorandum Opinion and Order, FCC 00–348, published at 65 FR 66644, November 7, 2000 (re 47 CFR 90.529 and 90.531) and Fourth Report and Order, FCC 01–10, published at 66 FR 10632, February 16, 2001 (re 47 CFR 90.525). The OMB Control Number is 3060–1198. The Commission publishes this notice as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Benish Shah, Federal Communications Commission, Room 1– A866, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060–1198, in your correspondence. The Commission will also accept your comments via email at asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on August 21, 2014, for the information collection requirements contained in the modifications to the Commission’s rules in 47 CFR part 90. 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 3060–1198. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–1198. OMB Approval Date: August 21, 2014. OMB Expiration Date: August 31, 2017. Title: Administration of Interoperability Channels, State License, and Band Plan (47 CFR 90.525, 90.529, and 90.531). Form Number: N/A. Respondents: State, local or tribal government, regional planning committees, and nongovernmental entities. Number of Respondents and Responses: 2155 respondents; 2155 responses. Estimated Time per Response: 1 hour (range of 1 hour to 2 hours). Frequency of Response: On occasion reporting and one-time reporting requirements; third party disclosure. Obligation to Respond: Required to obtain or retain benefits (47 CFR 90.525, 90.529, 90.531). Total Annual Burden: 2,212 hours. Total Annual Cost: None. Nature and Extent of Confidentiality: There is no need for confidentiality. Privacy Act: No impact(s). Needs and Uses: Section 90.525 of the Commission’s rules requires approval of license applications for Interoperability channels in the 769–775 MHz and 799– 805 MHz frequency bands by state-level agency or organization responsible for PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 administering emergency communications. Section 90.529 of the Commission’s rules provides that each state license will be granted subject to the condition that the state certifies on or before each applicable benchmark date that it is providing or prepared to provide ‘‘substantial service.’’ A licensee must demonstrate that it is providing or prepared to provide substantial service to one third of its geographic area or population by June 13, 2014 and two thirds by June 13, 2019. A licensee will be deemed to be prepared to provide substantial service if the licensee certifies that a radio system has been approved and funded for implementation by the deadline date. Substantial service refers to service which is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. If a state licensee fails to meet any condition of the grant the state license is modified automatically to the frequencies and geographic areas where the state certifies that it is providing substantial service. Any recovered state license spectrum will revert to General Use. However, spectrum licensed to a state under a state license remains unavailable for reassignment to other applicants until the Commission’s database reflects the parameters of the modified state license. The Commission seeks information including the kind of public safety service that the licensee is providing with the system; which state channels are in use in the system; whether the licensee’s has made its showing based on territory or population served; the percentage of territory/population served by the system footprint; and what signal level is being used to determine the system footprint. Section 90.531 of the Commission’s rules sets forth the band plan for the 763–775 MHz and 793–805 MHz public safety bands. This section covers channel designations for base and mobile use, narrowband segments, combined channels, channel pairing, internal guard band, and broadband. Narrowband general use channels and low power channels require regional planning committee concurrence. Commission staff will use the information to assign licenses for interoperability and General Use channels, as well as renewal of State licenses. The information will also be used to determine whether prospective licensees operate in compliance with the Commission’s rules. Without such information, the Commission could not accommodate State interoperability or regional planning requirements or provide for the efficient use of State E:\FR\FM\28OCR1.SGM 28OCR1 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations frequencies. This information collection includes rules to govern the operation and licensing of 700 MHz band systems to ensure that licensees continue to fulfill their statutory responsibilities in accordance with the Communications Act of 1934, as amended. Such information will continue to be used to verify that applicants are legally and technically qualified to hold licenses, and to determine compliance with Commission rules. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2014–25650 Filed 10–27–14; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] RIN 0648–XD586 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2014–2015 Accountability Measure and Closure for Gulf King Mackerel in the Florida West Coast Northern Subzone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for commercial king mackerel in the Florida west coast northern subzone of the eastern zone of the Gulf of Mexico (Gulf) in the U.S. exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the quota for king mackerel in the Florida west coast northern subzone of the Gulf EEZ will have been reached by October 27, 2014. Therefore, NMFS closes the Florida west coast northern subzone to commercial king mackerel fishing in the EEZ on October 27, 2014, to protect the Gulf king mackerel resource. DATES: The closure is effective noon, local time, October 27, 2014, until 12:01 a.m., local time, on July 1, 2015. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, email: susan.gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, and cobia) is managed under the Fishery asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The Gulf migratory group king mackerel is divided into western and eastern zones. The Gulf’s eastern zone for king mackerel is further divided into the Florida west coast northern and southern subzones that have separate quotas. The December 29, 2011 (76 FR 82058), final rule specified the quota for the Florida west coast northern subzone at 178,848 lb (81,124 kg) (50 CFR 622.384(b)(1)(i)(B)(2)). Because 75 percent of the Florida west coast northern subzone’s quota had been harvested, NMFS published a temporary rule on October 14, 2014, to reduce the trip limit for the commercial sector of king mackerel in the Florida west coast northern subzone to 500 lb (227 kg) of king mackerel per day in or from the EEZ (79 FR 61585). Regulations at 50 CFR 622.388(a)(1) and 50 CFR 622.384(e) require NMFS to close the commercial sector for Gulf migratory group king mackerel in the Florida west coast northern subzone when the quota is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on the best scientific information available, NMFS has determined the commercial quota of 178,848 lb (81,124 kg) for Gulf migratory group king mackerel in the Florida west coast northern subzone will be reached by October 27, 2014. Accordingly, the northern Florida west coast subzone is closed effective noon, local time, October 27, 2014, through June 30, 2015, the end of the fishing year, to commercial fishing for Gulf migratory group king mackerel. Except for a person aboard a charter vessel or headboat, during the closure, no person aboard a vessel for which a commercial permit for king mackerel has been issued may fish for or retain Gulf group king mackerel in the EEZ in the closed subzone (50 CFR 622.384(e)(1)). A person aboard a vessel that has a valid charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed subzone under the bag and possession limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), provided the vessel is operating as a charter vessel or headboat. A charter vessel or headboat that also has a commercial king mackerel permit is PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 64127 considered to be operating as a charter vessel or headboat when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. During the closure, king mackerel from the closed subzone, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to trade in king mackerel from the closed zones or subzones that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor (50 CFR 622.384(e)(3)). The Florida west coast northern subzone is that part of the EEZ between 26°19.8′ N. latitude (a line directly west from the boundary between Lee and Collier Counties, FL) and 87°31.1′ W. longitude (a line directly south from the state boundary of Alabama and Florida). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf migratory group king mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.388(a)(1) and 50 CFR 622.384(e) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the Florida west coast northern subzone of the Gulf eastern zone to commercial king mackerel fishing constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) because prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Prior notice and public comment is unnecessary because the rule implementing the commercial quota and the associated requirement for closure of the commercial harvest when the quota is reached or projected to be reached has already been subject to notice and comment, and all that remains is to notify the public of the closure. Additionally, allowing prior notice and opportunity for public comment is contrary to the public E:\FR\FM\28OCR1.SGM 28OCR1

Agencies

[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64126-64127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25650]



[[Page 64126]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 00-348 and FCC 01-10]


Development of Operational, Technical and Spectrum Requirements 
for Meeting Federal, State and Local Public Safety Agency 
Communications Requirements Through the Year 2010

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (Commission) announces 
that a certain rule adopted in its Public Safety 700 MHz Narrowband 
proceeding (WT Docket No. 96-86; FCC 00-348 and FCC 01-10) between 2000 
and 2001, to the extent it contained an information collection 
requirement that required approval by the Office of Management and 
Budget (OMB) was approved, and became effective August 21, 2014, 
following approval by OMB.

DATES: The information collections in 47 CFR 90.525, 90.529, 90.531 
published at 65 FR 66644, November 7, 2000 and 66 FR 10632, February 
16, 2001, are effective October 28, 2014.

FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, at (202) 418-
0848, or email: john.evanoff@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on August 21, 
2014, OMB approved, for a period of three years, the information 
collection requirements relating to licensing 700 MHz Public Safety 
Narrowband channels contained in the Commission's Third Memorandum 
Opinion and Order, FCC 00-348, published at 65 FR 66644, November 7, 
2000 (re 47 CFR 90.529 and 90.531) and Fourth Report and Order, FCC 01-
10, published at 66 FR 10632, February 16, 2001 (re 47 CFR 90.525). The 
OMB Control Number is 3060-1198. The Commission publishes this notice 
as an announcement of the effective date of the rules. If you have any 
comments on the burden estimates listed below, or how the Commission 
can improve the collections and reduce any burdens caused thereby, 
please contact Benish Shah, Federal Communications Commission, Room 1-
A866, 445 12th Street SW., Washington, DC 20554. Please include the OMB 
Control Number, 3060-1198, in your correspondence. The Commission will 
also accept your comments via email at PRA@fcc.gov. To request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format), send an email to 
fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on August 21, 2014, for the information collection 
requirements contained in the modifications to the Commission's rules 
in 47 CFR part 90. 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 3060-1198. The foregoing 
notice is required by the Paperwork Reduction Act of 1995, Public Law 
104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1198.
    OMB Approval Date: August 21, 2014.
    OMB Expiration Date: August 31, 2017.
    Title: Administration of Interoperability Channels, State License, 
and Band Plan (47 CFR 90.525, 90.529, and 90.531).
    Form Number: N/A. Respondents: State, local or tribal government, 
regional planning committees, and non-governmental entities.
    Number of Respondents and Responses: 2155 respondents; 2155 
responses.
    Estimated Time per Response: 1 hour (range of 1 hour to 2 hours).
    Frequency of Response: On occasion reporting and one-time reporting 
requirements; third party disclosure.
    Obligation to Respond: Required to obtain or retain benefits (47 
CFR 90.525, 90.529, 90.531).
    Total Annual Burden: 2,212 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Privacy Act: No impact(s).
    Needs and Uses: Section 90.525 of the Commission's rules requires 
approval of license applications for Interoperability channels in the 
769-775 MHz and 799-805 MHz frequency bands by state-level agency or 
organization responsible for administering emergency communications. 
Section 90.529 of the Commission's rules provides that each state 
license will be granted subject to the condition that the state 
certifies on or before each applicable benchmark date that it is 
providing or prepared to provide ``substantial service.'' A licensee 
must demonstrate that it is providing or prepared to provide 
substantial service to one third of its geographic area or population 
by June 13, 2014 and two thirds by June 13, 2019. A licensee will be 
deemed to be prepared to provide substantial service if the licensee 
certifies that a radio system has been approved and funded for 
implementation by the deadline date. Substantial service refers to 
service which is sound, favorable, and substantially above a level of 
mediocre service which might minimally warrant renewal. If a state 
licensee fails to meet any condition of the grant the state license is 
modified automatically to the frequencies and geographic areas where 
the state certifies that it is providing substantial service. Any 
recovered state license spectrum will revert to General Use. However, 
spectrum licensed to a state under a state license remains unavailable 
for reassignment to other applicants until the Commission's database 
reflects the parameters of the modified state license. The Commission 
seeks information including the kind of public safety service that the 
licensee is providing with the system; which state channels are in use 
in the system; whether the licensee's has made its showing based on 
territory or population served; the percentage of territory/population 
served by the system footprint; and what signal level is being used to 
determine the system footprint. Section 90.531 of the Commission's 
rules sets forth the band plan for the 763-775 MHz and 793-805 MHz 
public safety bands. This section covers channel designations for base 
and mobile use, narrowband segments, combined channels, channel 
pairing, internal guard band, and broadband. Narrowband general use 
channels and low power channels require regional planning committee 
concurrence.
    Commission staff will use the information to assign licenses for 
interoperability and General Use channels, as well as renewal of State 
licenses. The information will also be used to determine whether 
prospective licensees operate in compliance with the Commission's 
rules. Without such information, the Commission could not accommodate 
State interoperability or regional planning requirements or provide for 
the efficient use of State

[[Page 64127]]

frequencies. This information collection includes rules to govern the 
operation and licensing of 700 MHz band systems to ensure that 
licensees continue to fulfill their statutory responsibilities in 
accordance with the Communications Act of 1934, as amended. Such 
information will continue to be used to verify that applicants are 
legally and technically qualified to hold licenses, and to determine 
compliance with Commission rules.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-25650 Filed 10-27-14; 8:45 am]
BILLING CODE 6712-01-P