[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27048-27049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11346]
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FEDERAL COMMUNICATIONS COMMISSION
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communication Commission.
ACTION: Notice and request for comments.
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SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burden invites the general public
and other Federal agencies to take this opportunity to comment on the
following information collection, as required by the Paperwork
Reduction Act (PRA) of 1995. Comments are requested concerning: (a)
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; (b) the accuracy
of the Commission's burden estimate; (c) ways to enhance the quality,
utility, and clarity of the information collected; (d) 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 (e) ways to further reduce the information
burden for small business concerns with fewer than 25 employees.
The FCC 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
Paperwork Reduction Act (PRA) that does not display a valid OMB Control
Number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before July 11, 2011. 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 FCC
contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Leslie F. Smith, Federal
Communications Commission (FCC), via e-mail [email protected] or to
[email protected].
FOR FURTHER INFORMATION CONTACT: For additional information the
information collection, contact Leslie F. Smith at (202) 418-0217.
SUPPLEMENTARY INFORMATION: The Commission has requested approval of
this information collection under the emergency processing provisions
of the PRA, 5 CFR Sections 1320.5, 1320.8(d), and 1320.13 by May 17,
2011.
OMB Control Number: 3060-0430.
Title: Section 1.1206, Permit-but-Disclose Proceedings.
Form Number(s): N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Federal Government; and State,
local, or tribal governments.
Number of Respondents and Responses: 11,500 respondents; 11,500
responses.
Estimated Time per Response: 45 minutes (0.75 hours).
Frequency of Response: On occasion reporting requirements; third
party disclosure.
Obligation to Respond: Required to obtain or retain benefits.
Total Annual Burden: 25,875 hours.
Total Annual Cost: $0.00.
Privacy Impact Assessment: No Impact(s).
Nature and Extent of Confidentiality: Consistent with the
Commission's rules on confidential treatment of submissions, under 47
CFR Section 0.459, a presenter may request confidential treatment of ex
parte presentations. In addition, the Commission will permit parties to
remove metadata containing confidential or privileged information, and
the Commission will also not require parties to file electronically ex
parte notices that contain confidential information. The Commission
will, however, require a redacted version to be filed electronically at
the same time the paper filing is submitted, and that the redacted
version must be machine-readable whenever technically possible.
Needs and Uses: The Commission's rules, under 47 CFR Section
1.1206, require that a public record be made of ex parte presentations
(i.e., written presentations not served on all parties to the
proceeding or oral presentations as to which all parties have not been
given notice and an opportunity to be present) to decision-making
personnel in ``permit-but-disclose'' proceedings, such as notice-and-
comment rulemakings and declaratory ruling proceedings. Persons making
such presentations must file two copies of written presentations and
two copies of memoranda reflecting new data or arguments in oral
presentations no later than the next business day after the
presentation; alternatively, in proceedings in which electronic filing
is permitted, a copy may be filed electronically.
[[Page 27049]]
On February 2, 2011, the FCC released a Report and Order and
Further Notice of Proposed Rulemaking, CG Docket Number 10-43, FCC 11-
11, which amends and reforms the Commission's rules on ex parte
presentations (47 CFR Section 1.1206(b)(2)) made in the course of
Commission rulemakings and other permit-but-disclose proceedings. The
modifications to the existing rules adopted in this Report and Order
address these problems by requiring that parties file more descriptive
summaries of their ex parte contacts, by ensuring that other parties
and the public have an adequate opportunity to review and respond to
information submitted ex parte, and by improving the FCC's oversight
and enforcement of the ex parte rules. The modified ex parte rules
provide as follows: (1) Ex parte notices will be required for all oral
ex parte presentations in permit-but-disclose proceedings, not just for
those presentations that involve new information or arguments not
already in the record; (2) If an oral ex parte presentation is limited
to material already in the written record, the notice must contain
either a succinct summary of the matters discussed or a citation to the
page or paragraph number in the party's written submission(s) where the
matters discussed can be found; (3) Notices for all ex parte
presentations must include the name of the person(s) who made the ex
parte presentation as well as a list of all persons attending or
otherwise participating in the meeting at which the presentation was
made; (4) Notices of ex parte presentations made outside the Sunshine
period must be filed within two business days of the presentation; (5)
The Sunshine period will begin on the day (including business days,
weekends, and holidays) after issuance of the Sunshine notice, rather
than when the Sunshine Agenda is issued (as the current rules provide);
(6) If an ex parte presentation is made on the day the Sunshine notice
is released, an ex parte notice must be submitted by the next business
day, and any reply would be due by the following business day. If a
permissible ex parte presentation is made during the Sunshine period
(under an exception to the Sunshine period prohibition), the ex parte
notice is due by the end of the same day on which the presentation was
made, and any reply would need to be filed by the next business day.
Any reply must be in writing and limited to the issues raised in the ex
parte notice to which the reply is directed; (7) Commissioners and
agency staff may continue to request ex parte presentations during the
Sunshine period, but these presentations should be limited to the
specific information required by the Commission; (8) Ex parte notices
must be submitted electronically in machine-readable format. PDF images
created by scanning a paper document may not be submitted, except in
cases in which a word-processing version of the document is not
available. Confidential information may continue to be submitted by
paper filing, but a redacted version must be filed electronically at
the same time the paper filing is submitted. An exception to the
electronic filing requirement will be made in cases in which the filing
party claims hardship. The basis for the hardship claim must be
substantiated in the ex parte filing; (9) To facilitate stricter
enforcement of the ex parte rules, the Enforcement Bureau is authorized
to levy forfeitures for ex parte rule violations; (10) Copies of
electronically filed ex parte notices must also be sent electronically
to all staff and Commissioners present at the ex parte meeting so as to
enable them to review the notices for accuracy and completeness. Filers
may be asked to submit corrections or further information as necessary
for compliance with the rules; and (11) Minor conforming and clarifying
rule changes proposed in the Notice are adopted. The only changes
entailing increased information collection are the requirement that
parties making permissible ex parte presentations in restricted
proceedings file an ex parte notice, and that ex parte notices contain
either a summary of the presentation or a reference to where the
information can be found in the written record, and that ex parte
notices list all persons attending the presentation
The information is used by parties to permit-but-disclose
proceedings, including interested members of the public, to respond to
the arguments made and data offered in the presentations. The responses
may then be used by the Commission in its decision-making. The
availability of the ex parte materials ensures that the Commission's
decisional processes are fair, impartial, and comport with the concept
of due process in that all interested parties can know of and respond
to the arguments made to the decision-making officials.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-11346 Filed 5-9-11; 8:45 am]
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