82_FR_47596 82 FR 47400 - Improving Public Safety Communications in the 800 MHz Band

82 FR 47400 - Improving Public Safety Communications in the 800 MHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47400-47401
FR Document2017-22062

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with Sec. 90.675. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the rule.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017) 
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47400-47401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22062]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55, FCC 04-168]


Improving Public Safety Communications in the 800 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with Sec.  90.675. This document 
is consistent with the Report and Order, which stated that the 
Commission would publish a document in the Federal Register announcing 
the effective date of the rule.

DATES: 47 CFR 90.675, published at 69 FR 67823, Nov. 22, 2004, is 
effective October 12, 2017.

FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau at (202) 418-0848 
or john.evanoff@fcc.gov. For additional information concerning the 
Paperwork Reduction Act information collection requirements, contact 
Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION: A summary of the 800 MHz Report and Order 
was published in the Federal Register on November 22, 2004, 69 FR 
67823. The 800 MHz Report and Order adopted rules designed to abate 
interference to public safety entities. The summary stated that with 
the exception of certain rules requiring OMB approval, the rules 
adopted in the 800 MHz Report and Order would become effective January 
21, 2005. With regard to rules requiring OMB approval, the Commission 
stated it will publish a document in the Federal Register announcing 
the effective date of these rules. The information collection 
requirements in Sec. Sec.  [thinsp]22.972, 22.973, 90.674, 90.675, 
90.676 and 90.677 were approved by OMB under OMB Control No. 3060-1080. 
In a separate document published in the Federal Register on February 8, 
2005, 70 FR 6762, the Commission announced that OMB approved the 
information collection requirements adopted in the 800 MHz Report and 
Order. On February 8, 2005, 70 FR 6761, the Commission announced the 
effective date of Sec. Sec.  22.972, 22.973, 90.674, 90.676 and 90.677. 
However, the announcement inadvertently omitted to announce the 
effective date for the information collection requirements in Sec.  
90.675. With publication of the instant document in the Federal 
Register, all rules adopted in the 800 MHz Report and Order are now 
effective. If you have any comments on the burden estimates listed 
below, or how the Commission can improve the collections and reduce any 
burdens caused thereby, please contact Nicole Ongele, Federal 
Communications Commission, Room 1-C823, 445 12th Street SW., 
Washington, DC 20554. Please include the OMB Control Number, 3060-1080, 
in your correspondence. The Commission will also accept your comments 
via email at PRA@fcc.gov.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on January 27, 2005, for the information collection 
requirements contained in the modifications to 47 CFR 90.675.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid 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 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-1080.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1080.
    OMB Approval Date: January 27, 2005.
    OMB Expiration Date: October 31, 2017.
    Title: Improving Public Safety Communications in the 800 MHz Band.
    Form Number: N/A.
    Respondents: Business or other for profit entities; Not-for-profit 
institutions, and State, Local or Tribal governments.
    Number of Respondents and Responses: 428 respondents; 2,143 
responses.
    Estimated Time per Response: 0.5 hours-10 hours (4.5 hours 
average).
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 47 
U.S.C. 151, 154, 160, 251-254, 303, and 332.
    Total Annual Burden: 7,411 hours.
    Total Annual Cost: $7,200.
    Nature and Extent of Confidentiality: The Commission will work with 
respondents to ensure that their concerns regarding the confidentiality 
of any proprietary or public safety sensitive information are resolved 
in a manner consistent with the Commission's rules. See 47 CFR 0.459.
    Privacy Act: No impact(s).
    Needs and Uses: The information sought under Sec. Sec.  
[thinsp]22.972, 22.973, 90.674,

[[Page 47401]]

90.675, 90.676 and 90.677 will assist 800 MHz licensees in preventing 
or resolving interference and enable the Commission to implement its 
rebanding program. Under that program, certain licensees are being 
relocated to new frequencies in the 800 MHz band, with all rebanding 
costs paid by Sprint Nextel Corporation (Sprint). The Commission's 
overarching objective in this proceeding is to eliminate interference 
to public safety communications. The Commission's orders provided for 
the 800 MHz licensees in non-border areas to complete rebanding by June 
26, 2008. This completion date was not met and the Commission orders 
also provide for rebanding to be completed in the areas along the U.S. 
borders with Canada and Mexico.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017-22062 Filed 10-11-17; 8:45 am]
 BILLING CODE 6712-01-P

47400 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations and address the comment in the that the Commission would publish a audio format), send an email to fcc504@ proposed rulemaking. document in the Federal Register fcc.gov or call the Consumer and This action approving a negative announcing the effective date of the Governmental Affairs Bureau at (202) declaration submitted by Philadelphia rule. 418–0530 (voice), (202) 418–0432 AMS for HMIWI units may not be DATES: 47 CFR 90.675, published at 69 (TTY). challenged later in proceedings to FR 67823, Nov. 22, 2004, is effective Synopsis enforce its requirements. (See section October 12, 2017. 307(b)(2)). As required by the Paperwork FOR FURTHER INFORMATION CONTACT: John Reduction Act of 1995 (44 U.S.C. 3507), List of Subjects in 40 CFR Part 62 A. Evanoff, Policy and Licensing the FCC is notifying the public that it Division, Public Safety and Homeland received final OMB approval on January Environmental protection, Security Bureau at (202) 418–0848 or 27, 2005, for the information collection Administrative practice and procedure, john.evanoff@fcc.gov. For additional requirements contained in the Air pollution control, Intergovernmental information concerning the Paperwork relations, Reporting and recordkeeping modifications to 47 CFR 90.675. Reduction Act information collection Under 5 CFR part 1320, an agency requirements, Waste treatment and requirements, contact Nicole Ongele at disposal. may not conduct or sponsor a collection (202) 418–2991. of information unless it displays a Dated: September 19, 2017. SUPPLEMENTARY INFORMATION: A current, valid OMB Control Number. Cecil Rodrigues, summary of the 800 MHz Report and No person shall be subject to any Acting Regional Administrator, Region III. Order was published in the Federal penalty for failing to comply with a 40 CFR part 62 is amended as follows: Register on November 22, 2004, 69 FR collection of information subject to the 67823. The 800 MHz Report and Order Paperwork Reduction Act that does not PART 62—APPROVAL AND adopted rules designed to abate display a current, valid OMB Control PROMULGATION OF STATE PLANS interference to public safety entities. Number. The OMB Control Number is FOR DESIGNATED FACILITIES AND The summary stated that with the 3060–1080. POLLUTANTS exception of certain rules requiring The foregoing notice is required by OMB approval, the rules adopted in the the Paperwork Reduction Act of 1995, ■ 1. The authority citation for part 62 800 MHz Report and Order would Public Law 104–13, October 1, 1995, continues to read as follows: become effective January 21, 2005. With and 44 U.S.C. 3507. Authority: 42 U.S.C. 7401 et seq. regard to rules requiring OMB approval, The total annual reporting burdens the Commission stated it will publish a and costs for the respondents are as Subpart NN—Pennsylvania document in the Federal Register follows: announcing the effective date of these OMB Control Number: 3060–1080. ■ 2. Add § 62.9663 to read as follows: rules. The information collection OMB Approval Date: January 27, requirements in §§ 22.972, 22.973, 2005. § 62.9663 Identification of plan—negative 90.674, 90.675, 90.676 and 90.677 were OMB Expiration Date: October 31, declaration. 2017. approved by OMB under OMB Control Letter from the City of Philadelphia, No. 3060–1080. In a separate document Title: Improving Public Safety Department of Public Health, submitted published in the Federal Register on Communications in the 800 MHz Band. August 2, 2011, certifying that there are February 8, 2005, 70 FR 6762, the Form Number: N/A. no existing hospital/medical/infectious Commission announced that OMB Respondents: Business or other for waste incinerator units within the City approved the information collection profit entities; Not-for-profit of Philadelphia, Pennsylvania that are requirements adopted in the 800 MHz institutions, and State, Local or Tribal subject to 40 CFR part 60, subpart Ce. Report and Order. On February 8, 2005, governments. [FR Doc. 2017–22129 Filed 10–11–17; 8:45 am] 70 FR 6761, the Commission announced Number of Respondents and the effective date of §§ 22.972, 22.973, Responses: 428 respondents; 2,143 BILLING CODE 6560–50–P 90.674, 90.676 and 90.677. However, the responses. Estimated Time per Response: 0.5 announcement inadvertently omitted to hours–10 hours (4.5 hours average). FEDERAL COMMUNICATIONS announce the effective date for the Frequency of Response: On occasion COMMISSION information collection requirements in reporting requirement and third party § 90.675. With publication of the instant disclosure requirement. 47 CFR Part 90 document in the Federal Register, all Obligation to Respond: Required to rules adopted in the 800 MHz Report obtain or retain benefits. The statutory [WT Docket No. 02–55, FCC 04–168] and Order are now effective. If you have authority for this information collection Improving Public Safety any comments on the burden estimates is contained in 47 U.S.C. 151, 154, 160, Communications in the 800 MHz Band listed below, or how the Commission 251–254, 303, and 332. can improve the collections and reduce Total Annual Burden: 7,411 hours. AGENCY: Federal Communications any burdens caused thereby, please Total Annual Cost: $7,200. Commission. contact Nicole Ongele, Federal Nature and Extent of Confidentiality: ACTION: Final rule; announcement of Communications Commission, Room 1– The Commission will work with effective date. C823, 445 12th Street SW., Washington, respondents to ensure that their DC 20554. Please include the OMB concerns regarding the confidentiality of jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: In this document, the Control Number, 3060–1080, in your any proprietary or public safety Commission announces that the Office correspondence. The Commission will sensitive information are resolved in a of Management and Budget (OMB) has also accept your comments via email at manner consistent with the approved, for a period of three years, the PRA@fcc.gov. Commission’s rules. See 47 CFR 0.459. information collection associated with To request materials in accessible Privacy Act: No impact(s). § 90.675. This document is consistent formats for people with disabilities Needs and Uses: The information with the Report and Order, which stated (Braille, large print, electronic files, sought under §§ 22.972, 22.973, 90.674, VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1

Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47401 90.675, 90.676 and 90.677 will assist 0001 using any of the following (hereinafter ‘‘OMB catch-up guidance’’), 800 MHz licensees in preventing or methods: and the 2017 yearly adjustment. OMB, resolving interference and enable the 1. Federal eRulemaking Portal: Go to M 17–11, Implementation of the 2017 Commission to implement its rebanding http://www.regulations.gov and follow annual adjustment pursuant to the program. Under that program, certain the instructions for sending your Federal Civil Penalties Inflation licensees are being relocated to new comments electronically. Adjustment Act Improvements Act of frequencies in the 800 MHz band, with 2. Mail: Send comments to NTSB 2015 (2016) (hereinafter ‘‘OMB annual all rebanding costs paid by Sprint Office of General Counsel, 490 L’Enfant guidance’’). This Interim Final Rule Nextel Corporation (Sprint). The Plaza East SW., Washington, DC 20594– combines the NTSB’s catch-up Commission’s overarching objective in 003. adjustment that was due by July 1, 2016, this proceeding is to eliminate 3. Facsimile: Fax comments to 202– 314–6090. and the NTSB’s 2017 annual inflation interference to public safety adjustment. See OMB annual guidance, communications. The Commission’s 4. Hand Delivery: Bring comments to 490 L’Enfant Plaza East SW., 6th Floor, supra, at 4 (stating that agencies can orders provided for the 800 MHz Washington, DC, between 9 a.m. and 5 finalize their catch-up adjustments in licensees in non-border areas to complete rebanding by June 26, 2008. p.m., Monday through Friday, except the same rulemaking as their annual This completion date was not met and Legal public holidays. adjustments). the Commission orders also provide for Privacy: We will post all comments II. The Catch-Up Adjustment rebanding to be completed in the areas we receive, without change, to http:// along the U.S. borders with Canada and www.regulations.gov, including any A. The Catch-Up Adjustment Increases Mexico. personal information provided. the NTSB’s $1,000 Maximum Penalty FOR FURTHER INFORMATION CONTACT: Amount to $1,591 Federal Communications Commission. Sean Dalton, Acting General Counsel, Marlene H. Dortch, In order to complete the catch-up (202) 314–6389. Secretary. adjustment required by the Inflation SUPPLEMENTARY INFORMATION: [FR Doc. 2017–22062 Filed 10–11–17; 8:45 am] Adjustment Act, the NTSB must first BILLING CODE 6712–01–P I. Background identify the year in which the $1,000 Pursuant to 49 U.S.C. 1155(a), the maximum penalty amount was either (1) NTSB may impose a civil penalty up to established by Congress, or (2) last NATIONAL TRANSPORTATION $1,000 on a person who violates 49 adjusted by Congress or the agency SAFETY BOARD U.S.C. 1132 (prescribing the NTSB’s through regulation, other than pursuant general authority to investigate aircraft to the Inflation Adjustment Act, 49 CFR Part 831 accidents); 1134(b) (governing NTSB whichever is later. Next, the NTSB must [Docket No.: NTSB–GC–2017–0001] inspection and testing of aircraft and modify the maximum penalty amount property on an aircraft); 1134(f)(1) based on the percentage by which the RIN 3147–AA20 (permitting the NTSB to conduct or Consumer Price Index for all Urban Civil Monetary Penalty Catch Up order autopsies); 1136(g) (prohibiting Consumers (CPI–U) for the month of Inflation Adjustment and Annual attorneys from sending unsolicited October 2015, not seasonally adjusted, Inflation Adjustment communications to victims of aircraft exceeds the CPI–U for the month of accidents or their family members). October for the calendar year when the AGENCY: National Transportation Safety The $1,000 maximum civil penalty penalty amount was established or last Board (NTSB). amount must be adjusted for inflation in adjusted. 28 U.S.C. 2461 note, sec 4(a), ACTION: Interim Final Rule with request several ways. First, the NTSB must 5(b)(2); OMB catch-up guidance, supra, for comments. publish a catch-up adjustment to at 3. The OMB catch-up guidance account for the effect of inflation since contains a table listing multipliers that SUMMARY: This Interim Final Rule the maximum amount was established can be used to adjust the maximum adjusts for inflation the maximum civil by Congress. Federal Civil Penalties penalty amount based on the year the penalty that the NTSB may assess Inflation Adjustment Act of 1990, Public penalty was established or last adjusted against a person for violating certain Law 101–410, 104 Stat. 890, as amended NTSB statutes and regulations. (the ‘‘CPI–U Multiplier’’). OMB catch-up by the Federal Civil Penalties Inflation guidance, supra, at 6. After applying DATES: This Interim Final Rule is Adjustment Act Improvements Act of 2015, Public Law 114–74, sec. 701, 129 this multiplier, the NTSB must round effective on October 12, 2017. The Stat. 584 (codified at 28 U.S.C. 2461 all penalty amounts to the nearest NTSB will accept written comments on note) (hereinafter ‘‘Inflation Adjustment dollar. 28 U.S.C. 2461 note, sec. 5(a). this Interim Final Rule on or before October 27, 2017. Act’’).1 Second, the NTSB must publish The $1,000 maximum penalty amount ADDRESSES: A copy of this Interim Final an annual inflationary adjustment no was established in 1994, Public Law Rule, published in the Federal Register later than January 15th of each year, 103–272, sec. 1(d), 108 Stat. 745 (1994), (FR), is available for inspection and beginning in 2017. The Office of and has not since been modified. 49 copying in the NTSB’s public reading Management and Budget (OMB) has U.S.C. 1155(a). OMB’s CPI–U Multiplier room, located at 490 L’Enfant Plaza SW., published guidance on the initial catch- for 1994 is 1.59089. OMB catch-up Washington, DC 20594–003. up adjustment, OMB, M 16–06, guidance, supra, at 6. A maximum jstallworth on DSKBBY8HB2PROD with RULES Alternatively, a copy is available on the Implementation of the Federal Civil penalty amount of $1,000 multiplied by government-wide Web site on Penalties Inflation Adjustment Act 1.59089 equals $1,590.89. Rounding to regulations at http:// Improvements Act of 2015 (2016) the nearest dollar equals $1,591. This is www.regulations.gov (Docket ID Number less than a 150% increase, and therefore 1 The 2015 Act replaced inflation adjustment NTSB–GC–2017–0001). does not need to be reduced. 28 U.S.C. procedures established by the Debt Collection You may send comments identified Improvement Act of 1996, Public Law 104–134, sec. 2461 note, sec. 5(b)(2)(C); OMB catch-up by Docket ID Number NTSB–GC–2017– 31001(s)(1), 110 Stat. 1321–373. guidance, supra, at 8. VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1


Document Created: 2018-10-25 10:04:53
Document Modified: 2018-10-25 10:04:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; announcement of effective date.
Dates47 CFR 90.675, published at 69 FR 67823, Nov. 22, 2004, is effective October 12, 2017.
ContactJohn A. Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau at (202) 418-0848 or [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418-2991.
FR Citation82 FR 47400 
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