[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45794-45796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19408]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
July 21, 2011.
SUMMARY: The Federal Communications Commission, 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(s), as required by the Paperwork
Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. 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 collection burden on 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 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 currently valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before September 30, 2011. If you anticipate that you
will be submitting PRA 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 Nicholas A. Fraser, Office of
Management and Budget, via fax at 202-395-5167 or via the Internet at
[email protected] and to the Federal Communications
Commission via e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Office of Managing
Director, (202) 418-0217. For additional information, contact Leslie F.
Smith at [email protected] or call 202-418-0217.
SUPPLEMENTARY INFORMATION:
[[Page 45795]]
OMB Control Number: 3060-0430.
Title: Section 1.1206, Permit-but-Disclose Proceedings.
Form Number: 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.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
sections 4(i) and (j), 303(r), and 409 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i) and (j), 303(r), and 409.
Total Annual Burden: 25,875 hours.
Total Annual Cost: $0.00.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: Consistent with the
Commission's rules on confidential treatment of submissions, under 47
CFR 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 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.
On February 2, 2011, the FCC released a Report and Order and
Further Notice of Proposed Rulemaking, GC Docket Number 10-43, FCC 11-
11, which amended and reformed the Commission's rules on ex parte
presentations (47 CFR 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
require 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.
On May 10, 2011, the Commission published a notice in the Federal
Register (76 FR 27048) announcing that it had sought OMB approval under
the emergency processing provisions of the PRA for this information
collection. OMB approved this collection as an emergency on May 16,
2011. With this 60-day notice, the Commission is beginning the regular
PRA process seeking OMB approval for this collection for three years.
[[Page 45796]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-19408 Filed 7-29-11; 8:45 am]
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