81 FR 95993 - Information Collection Being Reviewed by the Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 250 (December 29, 2016)
Federal Register Volume 81, Issue 250 (December 29, 2016)
| Page Range | 95993-95994 | |
| FR Document | 2016-31420 |
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)] [Notices] [Pages 95993-95994] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31420] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1163] Information Collection Being Reviewed by the Federal Communications Commission 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 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. 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 FCC may not conduct or sponsor a collection of information unless it displays a currently valid 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 PRA comments should be submitted on or before February 27, 2017. 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 contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418-2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-1163. Title: Regulations Applicable to Broadcast, Common Carrier, and Aeronautical Radio Licensees Under Section 310(b) of the Communications Act of 1934, as amended. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other for-profit entities. Number of Respondents and Responses: 81 respondents; 81 responses. Estimated Time per Response: 2 hours-46 hours. Frequency of Response: On-occasion reporting requirement. Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in 47 U.S.C. 151, 152, 154(i), 154(j), 160, 303(r), 309, 310 and 403. Total Annual Burden: 1,830 hours. Total Annual Cost: $524,400. Nature and Extent of Confidentiality: In submitting the information request, respondents may need to disclose confidential information to satisfy the requirements. However, covered entities would be free to request that such materials submitted to the Commission be withheld from public inspection (see 47 CFR 0.459 of the Commission's rules). Privacy Impact Assessment: No impacts(s). Needs and Uses: The Commission will submit this information collection to OMB after this 60-day comment period as a revision to obtain the full three-year clearance from OMB. On September 29, 2016, the Commission adopted final rules in Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended, Report and Order, 31 FCC Rcd 11272 (2016) (2016 Foreign Ownership Report and Order). In the 2016 Foreign Ownership Order, the Commission:Modified its foreign ownership filing and review process for broadcast licensees by extending to such licensees the streamlined rules and procedures developed for foreign ownership reviews of common carrier and certain aeronautical licensees (collectively, ``common carrier'' licensees) under Section 310(b)(4) of the Communications Act of 1934, as amended (the Act) with certain modifications to tailor them to the broadcast context; and Reformed the methodology used by both common carrier and broadcast licensees that are, or are controlled by, U.S. publicly traded companies to assess their compliance with the foreign ownership limits in Sections 310(b)(3) and 310(b)(4) of the Act, respectively. The Commission therefore requests approval of substantial changes to the above-referenced information collection in order to apply to broadcast licensees substantially the same foreign ownership rules and procedures that apply to common carrier licensees and spectrum lessees and certain aeronautical licensees (collectively, ``common carrier'' licensees) under this information collection and the rules adopted in Review of Foreign Ownership Policies for Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended, IB Docket No. 11-133, Second Report and Order, 28 FCC Rcd 5741(2013). The 2016 Foreign Ownership Report and Order incorporated broadcasters into the common carrier foreign ownership rules (previously codified in [[Page 95994]] Part 1, Subpart F, Sections 1.990 through 1.994 of the Commission's rules) through various changes. Notably, the Commission added new text to certain paragraphs of the rules (see e.g. Note to paragraph (i)(1) of Section 1.5001(i)), and by adding new paragraphs where needed. In this regard, we have added new paragraph (e) to Section 1.5000, which sets forth the new methodology for eligible public companies--both broadcast and common carrier--and new paragraphs (f)(2)-(3) of Section 1.5004, which sets forth new compliance provisions for such companies. The rules adopted in the 2016 Foreign Ownership Report and Order include the following broadcast-specific provisions in lieu of provisions applicable to common carrier licensees: Broadcast licensees filing a petition for declaratory ruling (petition) to request Commission approval of foreign ownership in excess of the 25 percent benchmark in Section 310(b)(4) will use the broadcast ``attribution'' criteria to determine those U.S. and foreign ownership interests that must be disclosed in the petition. The disclosure will ensure the Commission has sufficient information to understand the licensee's ownership structure and to verify the identity and ultimate control of the foreign investor for which the petitioner seeks specific approval. Broadcast licensees will use the broadcast ``insulation criteria'' set forth in the broadcast attribution rules in determining whether the broadcaster must include in its petition a request for ``specific approval'' of a particular foreign investor because the investor holds, or would hold, directly and/or indirectly, more than 5 percent (or, in the case of certain passive investors, more than 10 percent) of the total outstanding capital stock (equity) and/or voting stock (or a controlling share) of the licensee's controlling U.S.- organized parent company. The current insulation criteria for common carrier licensees will continue to apply. The Commission does not anticipate that these broadcast-specific provisions will impact the time per response for broadcast companies filing a Section 310(b)(4) petition. Thus, we estimate the same time per response for broadcast as for common carrier petitions. The Commission also finds that adopting a standardized filing and review process for broadcast licensees' requests to exceed the 25 percent foreign ownership benchmark in Section 310(b)(4), as the Commission has done for common carrier licensees, will provide the broadcast sector with greater transparency, more predictability, and reduce regulatory burdens and costs. In addition to these tailored changes to incorporate broadcast licensees into the existing foreign ownership rules applicable to common carrier licensees under Section 310(b)(4), the 2016 Foreign Ownership Report and Order clarifies the Commission's foreign ownership compliance procedures (to be codified in Section 1.5004(f)(3)-(4)) specifically to allow a broadcast or common carrier licensee to file a petition for declaratory ruling to remedy the licensee's inadvertent non-compliance with the statutory foreign ownership limits or the terms and conditions of the licensee's existing foreign ownership ruling with reasonable assurance that the Commission will not take enforcement action. The Commission is also making non-substantial changes to this information collection to renumber the foreign ownership rules, which currently are codified in Part 1, Subpart F, Sections 1.990 through 1.994 of the Commission's rules. The new rules, as adopted in the 2016 Foreign Ownership Report and Order, will be codified in Part 1, Subpart T, Section 1.5000 through 1.5004 of the Commission's rules. There is for the most part a one-to-one correlation between the existing rules (1.990-1.994) and the new rules (1.5000-1.5004). Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2016-31420 Filed 12-28-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 95993
Order that deny issues in the petition information is necessary for the proper confidential information to satisfy the
may be filed in the United States Court performance of the functions of the requirements. However, covered entities
of Appeals for the appropriate circuit Commission, including whether the would be free to request that such
within 60 days from the date this notice information shall have practical utility; materials submitted to the Commission
is published in the Federal Register. the accuracy of the Commission’s be withheld from public inspection (see
Petitioner submitted a petition burden estimate; ways to enhance the 47 CFR 0.459 of the Commission’s
regarding the aforementioned PGP quality, utility, and clarity of the rules).
facility, requesting that EPA object to information collected; ways to minimize Privacy Impact Assessment: No
the CAA title V operating permit the burden of the collection of impacts(s).
(#4911–171–0014–V–02–0). Petitioner information on the respondents, Needs and Uses: The Commission
alleged that the permit was not including the use of automated will submit this information collection
consistent with the CAA because: (1) It collection techniques or other forms of to OMB after this 60-day comment
lacks adequate fuel testing to assure information technology; and ways to period as a revision to obtain the full
compliance with the burning of only further reduce the information three-year clearance from OMB.
‘‘clean cellulosic biomass’’; (2) it collection burden on small business On September 29, 2016, the
includes synthetic minor limits for concerns with fewer than 25 employees. Commission adopted final rules in
hazardous air pollutants that are The FCC may not conduct or sponsor a Review of Foreign Ownership Policies
unenforceable; (3) it includes synthetic collection of information unless it for Broadcast, Common Carrier and
minor limits for oxides of nitrogen and displays a currently valid OMB control Aeronautical Radio Licensees under
carbon monoxide that are number. No person shall be subject to Section 310(b)(4) of the
unenforceable; (4) it includes other any penalty for failing to comply with Communications Act of 1934, as
specific conditions that are a collection of information subject to the Amended, Report and Order, 31 FCC
unenforceable; (5) it failed to include PRA that does not display a valid OMB Rcd 11272 (2016) (2016 Foreign
best available control technology control number. Ownership Report and Order). In the
requirements related to greenhouse gas 2016 Foreign Ownership Order, the
DATES: Written PRA comments should
emissions; and (6) the potential to emit Commission:
be submitted on or before February 27, • Modified its foreign ownership
calculation for the facility 2017. If you anticipate that you will be filing and review process for broadcast
impermissibly excluded emissions submitting comments, but find it licensees by extending to such licensees
during startup, shutdown, and difficult to do so within the period of the streamlined rules and procedures
malfunction. time allowed by this notice, you should
On December 16, 2016, the developed for foreign ownership
advise the contact listed below as soon reviews of common carrier and certain
Administrator issued an Order granting as possible.
in part and denying in part the petition. aeronautical licensees (collectively,
ADDRESSES: Direct all PRA comments to ‘‘common carrier’’ licensees) under
The Order explains EPA’s rationale for
Cathy Williams, FCC, via email PRA@ Section 310(b)(4) of the
granting in part and denying in part the
fcc.gov and to Cathy.Williams@fcc.gov. Communications Act of 1934, as
petition.
FOR FURTHER INFORMATION CONTACT: For amended (the Act) with certain
Dated: December 16, 2016. additional information about the modifications to tailor them to the
Heather McTeer Toney, information collection, contact Cathy broadcast context; and
Regional Administrator, Region 4. Williams at (202) 418–2918. • Reformed the methodology used by
[FR Doc. 2016–31639 Filed 12–28–16; 8:45 am] SUPPLEMENTARY INFORMATION: both common carrier and broadcast
BILLING CODE 6560–50–P OMB Control Number: 3060–1163. licensees that are, or are controlled by,
Title: Regulations Applicable to U.S. publicly traded companies to
Broadcast, Common Carrier, and assess their compliance with the foreign
FEDERAL COMMUNICATIONS Aeronautical Radio Licensees Under ownership limits in Sections 310(b)(3)
COMMISSION Section 310(b) of the Communications and 310(b)(4) of the Act, respectively.
Act of 1934, as amended. The Commission therefore requests
[OMB 3060–1163] approval of substantial changes to the
Form Number: N/A.
Type of Review: Revision of a above-referenced information collection
Information Collection Being Reviewed in order to apply to broadcast licensees
by the Federal Communications currently approved collection.
Respondents: Business or other for- substantially the same foreign
Commission ownership rules and procedures that
profit entities.
AGENCY: Federal Communications Number of Respondents and apply to common carrier licensees and
Commission. Responses: 81 respondents; 81 spectrum lessees and certain
ACTION: Notice and request for responses. aeronautical licensees (collectively,
comments. Estimated Time per Response: 2 ‘‘common carrier’’ licensees) under this
hours–46 hours. information collection and the rules
SUMMARY: As part of its continuing effort Frequency of Response: On-occasion adopted in Review of Foreign Ownership
to reduce paperwork burdens, and as reporting requirement. Policies for Common Carrier and
required by the Paperwork Reduction Obligation To Respond: Required to Aeronautical Radio Licensees under
Act (PRA) of 1995 (44 U.S.C. 3501– Section 310(b)(4) of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
obtain or retain benefits. The statutory
3520), the Federal Communications authority for this collection is contained Communications Act of 1934, as
Commission (FCC or Commission) in 47 U.S.C. 151, 152, 154(i), 154(j), 160, Amended, IB Docket No. 11–133,
invites the general public and other 303(r), 309, 310 and 403. Second Report and Order, 28 FCC Rcd
Federal agencies to take this Total Annual Burden: 1,830 hours. 5741(2013).
opportunity to comment on the Total Annual Cost: $524,400. The 2016 Foreign Ownership Report
following information collections. Nature and Extent of Confidentiality: and Order incorporated broadcasters
Comments are requested concerning: In submitting the information request, into the common carrier foreign
Whether the proposed collection of respondents may need to disclose ownership rules (previously codified in
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![95994 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
Part 1, Subpart F, Sections 1.990 transparency, more predictability, and as a single carrier); CMA CGM S.A.;
through 1.994 of the Commission’s reduce regulatory burdens and costs. COSCO Container Lines Company Ltd;
rules) through various changes. Notably, In addition to these tailored changes Evergreen Line Joint Service Agreement;
the Commission added new text to to incorporate broadcast licensees into Hapag-Lloyd AG; Hyundai Merchant
certain paragraphs of the rules (see e.g. the existing foreign ownership rules Marine Co., Ltd.; Maersk Line A/S;
Note to paragraph (i)(1) of Section applicable to common carrier licensees Mediterranean Shipping Company;
1.5001(i)), and by adding new under Section 310(b)(4), the 2016 Orient Overseas Container Line Limited;
paragraphs where needed. In this Foreign Ownership Report and Order and Yang Ming Marine Transport Corp.
regard, we have added new paragraph clarifies the Commission’s foreign
(e) to Section 1.5000, which sets forth ownership compliance procedures (to Filing Party: David F. Smith, Esq.;
the new methodology for eligible public be codified in Section 1.5004(f)(3)–(4)) Cozen O’Conner; 1200 Nineteenth
companies—both broadcast and specifically to allow a broadcast or Street, NW; Washington, DC 20036.
common carrier—and new paragraphs common carrier licensee to file a Synopsis: This amendment revises
(f)(2)–(3) of Section 1.5004, which sets petition for declaratory ruling to remedy Appendix A of the TSA Agreement to
forth new compliance provisions for the licensee’s inadvertent non- remove Zim Integrated Shipping
such companies. compliance with the statutory foreign Services, Ltd., as a party to the
The rules adopted in the 2016 Foreign ownership limits or the terms and Agreement.
Ownership Report and Order include conditions of the licensee’s existing
the following broadcast-specific foreign ownership ruling with Agreement No.: 201143–014.
provisions in lieu of provisions reasonable assurance that the Title: West Coast MTO Agreement.
applicable to common carrier licensees: Commission will not take enforcement Parties: APM Terminals Pacific, Ltd.;
• Broadcast licensees filing a petition action. California United Terminals, Inc.; Eagle
for declaratory ruling (petition) to The Commission is also making non-
Marine Services, Ltd.; Everport
request Commission approval of foreign substantial changes to this information
Terminal Services, Inc; International
ownership in excess of the 25 percent collection to renumber the foreign
Transportation Service, Inc.; LBCT LLC
benchmark in Section 310(b)(4) will use ownership rules, which currently are
codified in Part 1, Subpart F, Sections d/b/a Long Beach Container Terminal
the broadcast ‘‘attribution’’ criteria to
1.990 through 1.994 of the LLC; Trapac, Inc.; Total Terminals LLC;
determine those U.S. and foreign
Commission’s rules. The new rules, as West Basin Container Terminal LLC;
ownership interests that must be
disclosed in the petition. The disclosure adopted in the 2016 Foreign Ownership Yusen Terminals, Inc.; Pacific Maritime
will ensure the Commission has Report and Order, will be codified in Services, L.L.C.; SSA Terminals, LLC;
sufficient information to understand the Part 1, Subpart T, Section 1.5000 and SSA Terminal (Long Beach), LLC.
licensee’s ownership structure and to through 1.5004 of the Commission’s Filing Party: Wayne R. Rohde, Esq.;
verify the identity and ultimate control rules. There is for the most part a one- Cozen O’Connor; 1200 19th Street, NW;
of the foreign investor for which the to-one correlation between the existing Washington, DC 20036.
petitioner seeks specific approval. rules (1.990–1.994) and the new rules
Synopsis: The amendment reflects a
• Broadcast licensees will use the (1.5000–1.5004).
change in the corporate name of the
broadcast ‘‘insulation criteria’’ set forth Federal Communications Commission.
in the broadcast attribution rules in entity formerly known as Long Beach
Katura Jackson,
determining whether the broadcaster Container Terminal, Inc. and revises
Federal Register Liaison Officer, Office of the Appendix A to clarify the corporate
must include in its petition a request for Secretary.
‘‘specific approval’’ of a particular affiliations of International
[FR Doc. 2016–31420 Filed 12–28–16; 8:45 am]
foreign investor because the investor Transportation Service, Inc. and Total
BILLING CODE 6712–01–P
holds, or would hold, directly and/or Terminals LLC.
indirectly, more than 5 percent (or, in Agreement No.: 201179–003.
the case of certain passive investors, Title: Lease and Operating Agreement
FEDERAL MARITIME COMMISSION
more than 10 percent) of the total
between PRPA and Northeast Energy
outstanding capital stock (equity) and/or Notice of Agreements Filed Terminal, LLC.
voting stock (or a controlling share) of
the licensee’s controlling U.S.-organized The Commission hereby gives notice Parties: The Philadelphia Regional
parent company. The current insulation of the filing of the following agreements Port Authority (PRPA) and Northeast
criteria for common carrier licensees under the Shipping Act of 1984. Energy Terminal, LLC.
will continue to apply. Interested parties may submit comments Filing Party: Denise M. Brumbaugh;
The Commission does not anticipate on the agreements to the Secretary, Philadelphia Regional Port Authority;
that these broadcast-specific provisions Federal Maritime Commission, 3460 N. Delaware Avenue; Philadelphia,
will impact the time per response for Washington, DC 20573, within twelve
PA 19134.
broadcast companies filing a Section days of the date this notice appears in
310(b)(4) petition. Thus, we estimate the the Federal Register. Copies of the Synopsis: The amendment assigns the
same time per response for broadcast as agreements are available through the lease to Northeast Energy Terminal, LLC
for common carrier petitions. The Commission’s Web site (www.fmc.gov) and updates the terms of the lease.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Commission also finds that adopting a or by contacting the Office of By Order of the Federal Maritime
standardized filing and review process Agreements at (202)–523–5793 or Commission.
for broadcast licensees’ requests to tradeanalysis@fmc.gov. Dated: December 23, 2016.
exceed the 25 percent foreign ownership Agreement No.: 011223–056. Rachel E. Dickon,
benchmark in Section 310(b)(4), as the Title: Transpacific Stabilization
Assistant Secretary.
Commission has done for common Agreement.
carrier licensees, will provide the Parties: American President Lines, [FR Doc. 2016–31615 Filed 12–28–16; 8:45 am]
broadcast sector with greater Ltd. and APL Co. PTE Ltd.; (operating BILLING CODE 6731–01–P
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Document Created: 2016-12-29 01:58:18
Document Modified: 2016-12-29 01:58:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | Written PRA comments should be submitted on or before February 27, 2017. 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 contact listed below as soon as possible. | |
| Contact | For additional information about the information collection, contact Cathy Williams at (202) 418-2918. | |
| FR Citation | 81 FR 95993 |
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