82 FR 43844 - Repeal of Regulations Governing the Public Telecommunications Facilities Program

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range		43844-43845
FR Document		2017-20012

The National Telecommunications and Information Administration (NTIA) is repealing its regulations governing the Public Telecommunications Facilities Program (PTFP). The PTFP was a competitive grant program that helped public broadcasting stations, state and local governments, Indian Tribes, and nonprofit organizations to construct public television and radio stations. As of Fiscal Year 2011, no funds have been available for PTFP grants. NTIA is repealing its regulations governing the PTFP because the regulations are unnecessary and obsolete.

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)

[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43844-43845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20012]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

15 CFR Part 2301

[Docket No. 170627596-7803-02]
RIN 0660-AA34


Repeal of Regulations Governing the Public Telecommunications 
Facilities Program

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce.

ACTION: Final rule.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) is repealing its regulations governing the Public 
Telecommunications Facilities Program (PTFP). The PTFP was a 
competitive grant program that helped public broadcasting stations, 
state and local governments, Indian Tribes, and nonprofit organizations 
to construct public television and radio stations. As of Fiscal Year 
2011, no funds have been available for PTFP grants. NTIA is repealing 
its regulations governing the PTFP because the regulations are 
unnecessary and obsolete.

DATES: This rule becomes effective on September 20, 2017.

FOR FURTHER INFORMATION CONTACT: Milton Brown, Deputy Chief Counsel, 
National Telecommunications and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Room 4713, 
Washington, DC 20230; telephone: (202) 482-1816; facsimile: (202) 501-
8013; or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The PTFP was a competitive grant program that supports the planning 
and construction of public telecommunications facilities.\1\ The 
program helped public broadcasting stations, state and local 
governments, Indian Tribes, and nonprofit organizations to construct 
public television and radio stations. On November 8, 1996, NTIA issued 
a final rule entitled, ``Public Telecommunications Facilities 
Program,'' to carry out its statutory responsibility to administer the 
PTFP.\2\ The regulations outlined the PTFP grant application 
requirements, the evaluation and selection process, post-award 
requirements, and the completion of PTFP grant projects. Between Fiscal 
Years 1994 and 2010, NTIA awarded between $14 and $42 million each year 
in PTFP grant awards to assist radio, television, digital television 
including digital conversion projects, and distance learning.
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    \1\ The PTFP is authorized under the Public Telecommunications 
Financing Act of 1978, as amended, 47 U.S.C. 390-393, 397-399b.
    \2\ 61 FR 57966 (Nov. 8, 1996). (The rules were codified at 47 
CFR part 2301).
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    For the past seven years, no funds have been available for PTFP 
grants. In 2010, the Department of Commerce found that the majority of 
PTFP grants had assisted digital television conversion projects which 
had concluded, and that support for public broadcasters was available 
from other sources.\3\ For these reasons, the Department of Commerce 
identified the PTFP as ``outdated, ineffective, or duplicative.'' \4\ 
Accordingly, Congress appropriated no funds for PTFP in Fiscal Year 
2011.\5\
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    \3\ See Commerce, Justice, Science, and Related Agencies 
Appropriations for Fiscal Year 2011: Hearing before the Subcommittee 
on Commerce, Justice, Science, and Related Agencies of the Senate 
Committee on Appropriations, 111th Cong. 12, 22 (Mar. 4, 2010).
    \4\ Id. at 12.
    \5\ See Department of Defense and Full-Year Continuing 
Appropriations Act of 2011, Pub. L. 112-10, sec. 1320 (Apr. 15, 
2011) (``Notwithstanding section 1101, the level of the following 
accounts shall be $0: `Department of Commerce, National 
Telecommunications and Information Administration, Public 
Telecommunications Facilities Planning and Construction' ''). In the 
2014 appropriation, Congress rescinded $8.5 million from the NTIA 
PTFP account. Consolidated Appropriations Act, 2014, Pub. L. 113-76, 
sec. 524(a) (Jan. 17, 2014) (``Of the unobligated balances available 
for `Department of Commerce, National Telecommunications and 
Information Administration, Public Telecommunications Facilities, 
Planning and Construction,' $8,500,000 is hereby rescinded'').

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[[Page 43845]]

    As a result of the lack of funding, NTIA began the orderly shutdown 
of the PTFP thereafter. NTIA has not processed applications or awarded 
any additional grants under the PTFP since that time. NTIA has 
continued to monitor PTFP grants it awarded before Fiscal Year 2011 to 
ensure taxpayer funds have been utilized in the most responsible and 
efficient manner.

II. Comments

    On July 18, 2017, NTIA published a Notice of Proposed Rulemaking 
(NPRM) in the Federal Register seeking comment on its proposed repeal 
of regulations governing the PTFP. NTIA did not receive any comments in 
response to the NPRM.

III. Repeal of Regulations for the Public Telecommunications Facilities 
Program

    Congress authorized NTIA to establish regulations ``as may be 
necessary to carry out'' the PTFP.\6\ Due to the lack of funding for 
seven years and no prospective funding for the PTFP, the regulations 
governing the PTFP are unnecessary and obsolete. If these regulations 
are not removed, it may suggest that the program is still active and 
may cause confusion regarding the status of the program. Accordingly, 
NTIA is repealing its regulations governing the PTFP.
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    \6\ 47 U.S.C. 392(e).
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Administrative Procedure Act

    The Final Rule relates solely to the repeal of grant program 
processes, and, as such, is not subject to the requirements of the 
Administrative Procedure Act, 5 U.S.C. 553(a)(2).

Congressional Review Act

    It has been determined that this final rule is not major under 5 
U.S.C. 801 et seq.

Executive Order 12866

    The repeal of the regulations governing the PTFP is not a 
significant regulatory action as defined by Executive Order 12866.

Executive Order 13132

    The repeal of the regulations governing the PTFP does not contain 
policies with federalism implications sufficient to warrant preparation 
of a federalism assessment under Executive Order 13132.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the repeal of regulations governing the PTFP would 
not have a significant impact on a substantial number of small entities 
in accordance with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)). NTIA received no comments on the certification, which 
remains unchanged.

Paperwork Reduction Act

    The repeal of the regulations governing the PTFP contains no 
collections of information. Therefore, clearance by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
is not required. In 2013, OMB approved NTIA's requests to discontinue 
the following collections associated with the regulations governing the 
PTFP: OMB Control Numbers 0660-0003, 0660-0001, and 0605-0001; 
consequently, NTIA has no active collections associated with its 
regulations governing the PTFP.

Lists of Subjects in 15 CFR Part 2301

    Administrative procedure, Grant programs-communications, Reporting 
and recordkeeping requirements, Telecommunications.

0
For the reasons stated above, and under the authority of 47 U.S.C. 390-
393 and 397-399b, NTIA is removing and reserving 15 CFR part 2301.

PART 2301--[REMOVED AND RESERVED]

    Dated: September 15, 2017.
Leonard Bechtel,
Director of Administration and Chief Financial Officer, performing the 
non-exclusive duties of the Assistant Secretary for Communications and 
Information, National Telecommunications and Information 
Administration.
[FR Doc. 2017-20012 Filed 9-19-17; 8:45 am]
BILLING CODE 3510-60-P

Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43845

As a result of the lack of funding, federalism assessment under Executive DEPARTMENT OF HEALTH AND
NTIA began the orderly shutdown of the Order 13132. HUMAN SERVICES
PTFP thereafter. NTIA has not
processed applications or awarded any Regulatory Flexibility Act Food and Drug Administration
additional grants under the PTFP since The Chief Counsel for Regulation of
that time. NTIA has continued to 21 CFR Part 73
the Department of Commerce certified
monitor PTFP grants it awarded before to the Chief Counsel for Advocacy of the [Docket No. FDA–2016–C–2570]
Fiscal Year 2011 to ensure taxpayer
Small Business Administration that the
funds have been utilized in the most Listing of Color Additives Exempt
repeal of regulations governing the
responsible and efficient manner. From Certification; Spirulina Extract;
PTFP would not have a significant
II. Comments impact on a substantial number of small Confirmation of Effective Date
On July 18, 2017, NTIA published a entities in accordance with section AGENCY: Food and Drug Administration,
Notice of Proposed Rulemaking (NPRM) 605(b) of the Regulatory Flexibility Act HHS.
in the Federal Register seeking (5 U.S.C. 605(b)). NTIA received no ACTION: Final rule; confirmation of
comment on its proposed repeal of comments on the certification, which effective date.
regulations governing the PTFP. NTIA remains unchanged.
did not receive any comments in SUMMARY: The Food and Drug
Paperwork Reduction Act Administration (FDA or we) is
response to the NPRM.
confirming the effective date of August
III. Repeal of Regulations for the Public The repeal of the regulations
3, 2017, for the final rule that appeared
Telecommunications Facilities Program governing the PTFP contains no
in the Federal Register of July 3, 2017,
collections of information. Therefore, and that amended the color additive
Congress authorized NTIA to establish
clearance by the Office of Management regulations to provide for the expanded
regulations ‘‘as may be necessary to
and Budget (OMB) under the Paperwork safe use of spirulina extract to
carry out’’ the PTFP.6 Due to the lack of
funding for seven years and no Reduction Act of 1995 is not required. seasonally color hard-boiled shell eggs
prospective funding for the PTFP, the In 2013, OMB approved NTIA’s requests at levels consistent with good
regulations governing the PTFP are to discontinue the following collections manufacturing practice.
unnecessary and obsolete. If these associated with the regulations DATES: Effective date of final rule
regulations are not removed, it may governing the PTFP: OMB Control published in the Federal Register of
suggest that the program is still active Numbers 0660–0003, 0660–0001, and July 3, 2017 (82 FR 30731), confirmed:
and may cause confusion regarding the 0605–0001; consequently, NTIA has no August 3, 2017.
status of the program. Accordingly, active collections associated with its FOR FURTHER INFORMATION CONTACT:
NTIA is repealing its regulations regulations governing the PTFP. Molly A. Harry, Center for Food Safety
governing the PTFP. and Applied Nutrition, Food and Drug
Lists of Subjects in 15 CFR Part 2301
Administrative Procedure Act Administration, 5001 Campus Dr.,
Administrative procedure, Grant College Park, MD 20740, 240–402–1075.
The Final Rule relates solely to the programs-communications, Reporting SUPPLEMENTARY INFORMATION: In the
repeal of grant program processes, and, and recordkeeping requirements,
as such, is not subject to the Federal Register of July 3, 2017 (82 FR
Telecommunications. 30731), we amended the color additive
requirements of the Administrative
Procedure Act, 5 U.S.C. 553(a)(2). ■ For the reasons stated above, and regulations in § 73.530 Spirulina extract
under the authority of 47 U.S.C. 390– (21 CFR 73.530) to provide for the
Congressional Review Act expanded safe use of spirulina extract to
393 and 397–399b, NTIA is removing
It has been determined that this final seasonally color the shells of hard-
and reserving 15 CFR part 2301.
rule is not major under 5 U.S.C. 801 et boiled eggs.
seq. PART 2301—[REMOVED AND We gave interested persons until
August 2, 2017, to file objections or
Executive Order 12866 RESERVED]
requests for a hearing. We received no
The repeal of the regulations objections or requests for a hearing on
Dated: September 15, 2017.
governing the PTFP is not a significant the final rule. Therefore, we find that
Leonard Bechtel, the effective date of the final rule that
regulatory action as defined by
Executive Order 12866. Director of Administration and Chief published in the Federal Register of
Financial Officer, performing the non- July 3, 2017, should be confirmed.
Executive Order 13132 exclusive duties of the Assistant Secretary
for Communications and Information, List of Subjects in 21 CFR Part 73
The repeal of the regulations
governing the PTFP does not contain National Telecommunications and Color additives, Cosmetics, Drugs,
Information Administration. Medical devices.
policies with federalism implications
sufficient to warrant preparation of a [FR Doc. 2017–20012 Filed 9–19–17; 8:45 am]
■ Therefore, under the Federal Food,
BILLING CODE 3510–60–P Drug, and Cosmetic Act (21 U.S.C. 321,
Construction’ ’’). In the 2014 appropriation, 341, 342, 343, 348, 351, 352, 355, 361,
Congress rescinded $8.5 million from the NTIA 362, 371, 379e) and under authority
sradovich on DSKBBY8HB2PROD with RULES

PTFP account. Consolidated Appropriations Act,
2014, Pub. L. 113–76, sec. 524(a) (Jan. 17, 2014) delegated to the Commissioner of Food
(‘‘Of the unobligated balances available for and Drugs, we are giving notice that no
‘Department of Commerce, National objections or requests for a hearing were
Telecommunications and Information filed in response to the July 3, 2017,
Administration, Public Telecommunications
Facilities, Planning and Construction,’ $8,500,000 is final rule. Accordingly, the amendments
hereby rescinded’’). issued thereby became effective August
6 47 U.S.C. 392(e). 3, 2017.

VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1

Document Created: 2018-10-24 14:21:42
Document Modified: 2018-10-24 14:21:42

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		Rules and Regulations
Action		Final rule.
Dates		This rule becomes effective on September 20, 2017.
Contact		Milton Brown, Deputy Chief Counsel, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4713, Washington, DC 20230; telephone: (202) 482-1816; facsimile: (202) 501- 8013; or email: [email protected]
FR Citation		82 FR 43844
RIN Number		0660-AA34
CFR Associated		Administrative Procedure; Grant Programs-Communications; Reporting and Recordkeeping Requirements and Telecommunications

82 FR 43844 - Repeal of Regulations Governing the Public Telecommunications Facilities Program

DEPARTMENT OF COMMERCENational Telecommunications and Information Administration

Federal Register Volume 82, Issue 181 (September 20, 2017)

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration