Information Collection Being Submitted for Review and Approval to the Office of Management and Budget, 7052-7053 [2019-03636]
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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices
daily basis or more often, as appropriate
the data collected for the facilities listed
in § 15.713(b)(2) to all other white space
databases to ensure consistency in the
records of protected facilities (Section
15.715(l));
(m) The database administrator may
charge a fee for provision of lists of
available channels to fixed and
personal/portable devices and for
registering fixed devices. This provision
applies to devices that operate in the TV
bands, 600 MHz service band, and the
600 MHz guard bands and duplex gap.
A white space database administrator
may also charge a fee for provision of
lists of available channels to wireless
microphone users. (Section 15.714).
To receive interference protection,
600 MHz licensees must notify one of
the white space database administrators
of the areas where they have
commenced operation pursuant to
§§ 15.713(j)(10) and 15.715(n) of this
chapter (Section 27.1320).
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019–03633 Filed 2–28–19; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0719]
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
jbell on DSK30RV082PROD with NOTICES
AGENCY:
SUMMARY: As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
VerDate Sep<11>2014
18:13 Feb 28, 2019
Jkt 247001
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
Office of Management and Budget
(OMB) control number. No person shall
be subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid OMB control number.
DATES: Written comments should be
submitted on or before April 1, 2019. If
you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, OMB, via email
Nicholas_A._Fraser@omb.eop.gov; and
to Nicole Ongele, FCC, via email PRA@
fcc.gov and to Nicole.Ongele@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, and as required by
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501–3520), the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
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Fmt 4703
Sfmt 4703
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
OMB Control Number: 3060–0719.
Title: Quarterly Report of Local
Exchange Carriers Listing Payphone
Automatic Number Identifications
(ANIs).
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 400 respondents; 1,600
responses.
Estimated Time per Response: 3.5
hours (8 hours for the initial
submission; 2 hours per subsequent
submission—for an average of 3.5 hours
per response).
Frequency of Response: Quarterly
reporting requirement, recordkeeping
requirement and third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151, 154, 201–
205, 215, 218, 219, 220, 226 and 276 of
the Communications Act of 1934, as
amended.
Total Annual Burden: 5,600 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The Commission is not requesting
respondents to submit confidential
information to the Commission. If the
respondents wish confidential treatment
of their information, they may request
confidential treatment under 47 CFR
0.459 of the Commission’s rules.
Needs and Uses: The Commission
adopted rules and policies governing
the payphone industry under section
276(b)(1)(A) of the Telecommunications
Act of 1996 (the Act) and established ‘‘a
per call compensation plan to ensure
that all payphone service providers are
fairly compensated for each and every
completed intrastate and interstate
call.’’ Pursuant to this mandate, and as
required by section 64.1310(d) of the
Commission’s rules, Local Exchange
Carriers (LECs) must provide to carriers
required to pay compensation pursuant
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01MRN1
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices
to section 64.1300(a), a quarterly report
listing payphone ANIs.
Without provision of this report,
resolution of disputed ANIs would be
rendered very difficult. Carriers would
not be able to discern which ANIs
pertain to payphones and therefore
would not be able to ascertain which
dial-around calls were originated by
payphones for compensation purposes.
There would be no way to guard against
possible fraud. Without this collection,
lengthy investigations would be
necessary to verify claims. The report
allows carriers to determine which dialaround calls are made from payphones.
The information must be provided to
third parties. The requirement would be
used to ensure that LECs and the
carriers required to pay compensation
pursuant to 47 CFR 64.1300(a) of the
Commission’s rules comply with their
obligations under the
Telecommunications Act of 1996.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019–03636 Filed 2–28–19; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL LABOR RELATIONS
AUTHORITY
[FLRA Docket No. 0–AR–5354]
Notice of Opportunity To Submit Amici
Curiae Briefs in an Arbitration Appeal
Pending Before the Federal Labor
Relations Authority
Federal Labor Relations
Authority.
ACTION: Notice.
jbell on DSK30RV082PROD with NOTICES
AGENCY:
SUMMARY: The Federal Labor Relations
Authority provides an opportunity for
all interested persons to submit briefs as
amici curiae on a significant issue
arising in a case pending before the
Authority. The Authority is considering
this case pursuant to its responsibilities
under the Federal Service LaborManagement Relations Statute, and its
regulations on the review of arbitration
awards.
DATES: Briefs must be received on or
before April 1, 2019.
ADDRESSES: Mail or deliver briefs to
Emily Sloop, Chief, Case Intake and
Publication, Federal Labor Relations
Authority, Docket Room, Suite 200,
1400 K Street NW, Washington, DC
20424.
FOR FURTHER INFORMATION CONTACT:
Emily Sloop, Chief, Case Intake and
Publication, Federal Labor Relations
Authority, (202) 218–7740.
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18:13 Feb 28, 2019
Jkt 247001
The
Authority is considering Case No.
0–AR–5354 pursuant to its
responsibilities under the Federal
Service Labor-Management Relations
Statute, 5 U.S.C. 7101–7135 (the
Statute), and its regulations on the
review of arbitration awards, set forth at
5 CFR part 2425. The issues include
whether there is a need for the
Authority to reconsider its nearly
exclusive reliance on the factors or
criteria found in Allen v. U.S. Postal
Service, 2 M.S.P.R. 420 (1980), when
considering whether an award of
attorney fees is in the ‘‘interest of
justice’’ (5 U.S.C. 7701(g)), and then, if
reconsideration is warranted, what the
factors or criteria should be, as adapted
for the federal collective-bargaining
context. As this matter is likely to be of
concern to agencies, labor organizations,
and other interested persons, the
Authority finds it appropriate to provide
for the filing of amici briefs addressing
this matter.
In Case No. 0–AR–5354, Arbitrator
Fred K. Blackard sustained a grievance
and found that the Agency, U.S.
Department of Veterans Affairs, Michael
E. DeBakey Medical Center, Houston,
Texas, had violated an article of its
collective bargaining agreement with the
Union, American Federation of
Government Employees (AFGE), Local
1633. Arbitrator Blackard awarded back
pay to the grievants but denied attorney
fees to the Union, finding no provision
in the parties’ collective bargaining
agreement provided attorney fees to a
party prevailing at arbitration. Both the
Agency and the Union filed timely
exceptions with the Authority on
different grounds. Those exceptions are
currently pending before the Authority.
A summary of the case follows.
SUPPLEMENTARY INFORMATION:
1. Background and Award
The Union filed a grievance seeking
environmental differential pay on behalf
of housekeepers who worked at the
Agency’s medical center. The parties
submitted the matter to arbitration. The
Union argued that the housekeepers
were entitled to environmental
differential pay under federal law and
the parties’ collective-bargaining
agreement because they worked in close
proximity to hazardous microorganisms. The Agency argued that the
housekeepers were not entitled to
environmental differential pay because
their duties do not meet the standards
described under 5 U.S.C. 5343(c)(4); 5
CFR part 532, subpart E, Appendix A;
and the parties’ agreement. On January
24, 2018, the Arbitrator issued an award
finding that the housekeepers worked in
sufficient proximity to micro-organisms
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Fmt 4703
Sfmt 4703
7053
within the meaning of Appendix A,
thereby entitling them to environmental
differential pay. Accordingly, the
Arbitrator sustained the grievance, and
awarded backpay, but denied the
Union’s request for attorney fees
because attorney fees were not
authorized under the parties’ agreement.
2. Exceptions as Filed
In addition to the exceptions filed by
the Agency, an exception was filed by
the Union to the award. The Union has
argued that the Arbitrator’s
determination, that he lacked the
authority to award attorney fees because
the parties’ collective-bargaining
agreement did not provide for them, is
deficient. The Union requests that the
Authority find this determination
contrary to law, as contravening the
Back Pay Act, 5 U.S.C. 5596, and the
Union requests that the Authority
remand the case to the parties, to
resubmit to the Arbitrator, absent
settlement, the issue of whether attorney
fees are warranted.
3. Questions on Which Briefs Are
Solicited
In 1984, the Authority first reviewed
the issue of entitlement to attorney fees
and then adopted the ‘‘interest of justice
standards’’ (later called alternatively
‘‘factors’’ or ‘‘criteria’’) of the Merit
Systems Protection Board (MSPB) 1980
decision in Allen v. U.S. Postal Service.
In general, the Authority has since held
that a threshold requirement for
entitlement to attorney fees under the
Back Pay Act is a finding that the
grievant has been affected by an
unjustified or unwarranted personnel
action that has resulted in the
withdrawal or reduction of the
grievant’s pay, allowances, or
differentials. Further, the award of
attorney fees must be in conjunction
with an award of backpay to the
grievant on correction of the personnel
action, that the award of attorney fees
must be reasonable and related to the
personnel action, and that the award of
attorney fees must be in accordance
with the standards established under 5
U.S.C. 7701(g). Section 7701(g) in turn
prescribes that for an employee to be
eligible for an award of attorney fees,
the employee must be the prevailing
party. Section 7701(g)(1), which applies
to all cases except those involving
discrimination, requires that an award
of attorney fees must be warranted ‘‘in
the interest of justice,’’ that the amount
must be reasonable, and that the fees
must have been incurred by the
employee.
The Authority has referred to and
applied the case law of the MSPB on
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01MRN1
Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7052-7053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03636]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0719]
Information Collection Being Submitted for Review and Approval to
the Office of Management and Budget
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995, the
Federal Communications Commission (FCC or the Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collection. Comments are requested
concerning: Whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid Office of Management
and Budget (OMB) control number. No person shall be subject to any
penalty for failing to comply with a collection of information subject
to the PRA that does not display a valid OMB control number.
DATES: Written comments should be submitted on or before April 1, 2019.
If you anticipate that you will be submitting comments, but find it
difficult to do so within the period of time allowed by this notice,
you should advise the contacts listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via
email Nicholas_A._Fraser@omb.eop.gov; and to Nicole Ongele, FCC, via
email PRA@fcc.gov and to Nicole.Ongele@fcc.gov. Include in the comments
the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Nicole Ongele at (202) 418-2991.
To view a copy of this information collection request (ICR) submitted
to OMB: (1) Go to the web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the OMB control number of
this ICR and then click on the ICR Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce
paperwork burdens, and as required by the Paperwork Reduction Act (PRA)
of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission
(FCC or the Commission) invites the general public and other Federal
agencies to take this opportunity to comment on the following
information collection.
Comments are requested concerning: Whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; the accuracy of the Commission's burden estimate;
ways to enhance the quality, utility, and clarity of the information
collected; ways to minimize the burden of the collection of information
on the respondents, including the use of automated collection
techniques or other forms of information technology; and ways to
further reduce the information collection burden on small business
concerns with fewer than 25 employees.
OMB Control Number: 3060-0719.
Title: Quarterly Report of Local Exchange Carriers Listing Payphone
Automatic Number Identifications (ANIs).
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 400 respondents; 1,600
responses.
Estimated Time per Response: 3.5 hours (8 hours for the initial
submission; 2 hours per subsequent submission--for an average of 3.5
hours per response).
Frequency of Response: Quarterly reporting requirement,
recordkeeping requirement and third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 151, 154, 201-205, 215, 218, 219, 220, 226 and 276 of the
Communications Act of 1934, as amended.
Total Annual Burden: 5,600 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: The Commission is not
requesting respondents to submit confidential information to the
Commission. If the respondents wish confidential treatment of their
information, they may request confidential treatment under 47 CFR 0.459
of the Commission's rules.
Needs and Uses: The Commission adopted rules and policies governing
the payphone industry under section 276(b)(1)(A) of the
Telecommunications Act of 1996 (the Act) and established ``a per call
compensation plan to ensure that all payphone service providers are
fairly compensated for each and every completed intrastate and
interstate call.'' Pursuant to this mandate, and as required by section
64.1310(d) of the Commission's rules, Local Exchange Carriers (LECs)
must provide to carriers required to pay compensation pursuant
[[Page 7053]]
to section 64.1300(a), a quarterly report listing payphone ANIs.
Without provision of this report, resolution of disputed ANIs would
be rendered very difficult. Carriers would not be able to discern which
ANIs pertain to payphones and therefore would not be able to ascertain
which dial-around calls were originated by payphones for compensation
purposes. There would be no way to guard against possible fraud.
Without this collection, lengthy investigations would be necessary to
verify claims. The report allows carriers to determine which dial-
around calls are made from payphones. The information must be provided
to third parties. The requirement would be used to ensure that LECs and
the carriers required to pay compensation pursuant to 47 CFR 64.1300(a)
of the Commission's rules comply with their obligations under the
Telecommunications Act of 1996.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019-03636 Filed 2-28-19; 8:45 am]
BILLING CODE 6712-01-P