82 FR 48005 - Procedures for Commission Review of State Opt-Out Request From the FirstNet Radio Access Network

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 198 (October 16, 2017)

Page Range		48005-48006
FR Document		2017-22339

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of six months, the information collection associated with the Commission's Procedures for Commission Review of State Opt-Out Request from the FirstNet Radio Access Network, Report and Order (Report and Order)'s rules and procedures for administering the state opt-out process as provided under the Middle Class Tax Relief and Job Creation Act of 2012, as well delineating the specific standards by which the Commission will evaluate state opt-out applications. 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 those rules.

Federal Register, Volume 82 Issue 198 (Monday, October 16, 2017)

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 48005-48006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22339]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 16-269, FCC 17-75]


Procedures for Commission Review of State Opt-Out Request From 
the FirstNet Radio Access Network

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 six months, 
the information collection associated with the Commission's Procedures 
for Commission Review of State Opt-Out Request from the FirstNet Radio 
Access Network, Report and Order (Report and Order)'s rules and 
procedures for administering the state opt-out process as provided 
under the Middle Class Tax Relief and Job Creation Act of 2012, as well 
delineating the specific standards by which the Commission will 
evaluate state opt-out applications. 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 those 
rules.

DATES: The amendments to 47 CFR 90.532(b) and (c) published at 82 FR 
46690, October 6, 2017, are effective November 6, 2017.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele, FCC, at (202) 418-2991 
or via email [email protected] and to [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on October 6, 
2017, OMB approved this information collection under the emergency 
processing of the Paperwork Reduction Act (PRA), 5 CFR 1320.13, for a 
period of six months, the information collection requirements relating 
to the State opt-out rules contained in the Commission's Report and 
Order, FCC 17-75, published at 82 FR 46690, October 6, 2017. The OMB 
Control Number is 3060-1245. The Commission publishes this document as 
an announcement of the effective date of the rules. 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-A620, 445 12th Street SW., Washington, DC 20554. Please include the 
OMB Control Number, 3060-1245, in your correspondence. The Commission 
will also accept your comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] 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 October 6, 2017, for the information collection 
requirements contained in the modifications to the Commission's rules 
in 47 CFR 90.532. 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 3060-1245.
    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: 3060-1245.
    OMB Approval Date: October 6, 2017.
    OMB Expiration Date: April 30, 2018.
    Title: Procedures for Commission Review of State Opt-Out Request 
from the FirstNet Radio Access Network.
    Form Number: N/A.
    Respondents: State, local or tribal governments.
    Number of Respondents and Responses: 55 respondents; 110 responses.
    Estimated Time per Response: 0.25 hours per initial notification.
    Frequency of Response: One-time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for requiring licensees to submit this information 
enter into the written agreements is contained in the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112 96, 126 Stat. 156 
Sec. Sec.  6001-6303, 6413 (codified at 47 U.S.C. 1401-1443, 1457).
    Total Annual Burden: 26,414 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: Alternative state plans are 
very likely to contain proprietary information as well as information 
whose disclosure could compromise network security. Parties may 
therefore seek confidential treatment of any filing under our Part 0 
rules, including the use of a protective order process to allow other 
those granted party status to the restricted proceeding access to the 
information on a confidential basis.
    Privacy Act: No impact(s).
    Needs and Uses: The purpose of requiring this collection is to 
comply

[[Page 48006]]

with Middle Class Tax Relief and Job Creation Act of 2012. The Middle 
Class Tax Relief and Job Creation Act of 2012 provides that ``the 
Governor shall choose whether to participate in the deployment of the 
nationwide, interoperable broadband network as proposed by [FirstNet,] 
or conduct its own deployment of a radio access network in such 
State.'' If a Governor chooses not to participate in the NPSBN, section 
6302(e)(3)(A) of the Act requires the Governor to ``notify [FirstNet], 
the NTIA, and the Commission of such decision.'' The Act also states 
that an opt-out state ``shall submit'' to the Commission an 
``alternative plan'' for ``the construction, maintenance, operation, 
and improvements'' of the RAN within the state. Section 3(C)(ii) of the 
Act mandates that ``upon submission of this plan, the Commission shall 
approve or disapprove of the plan.''
    We require that either the Governor or the Governor's his duly 
authorized designee may provide notification of the Governor's 
decision. The opt-out notification to the Commission must also include 
a certification that the state is providing simultaneous notice of its 
opt-out decision to both to NTIA and FirstNet. To facilitate the 
electronic filing of opt-out notifications, we will establish the email 
address [email protected] as the address for this purpose.
    Each opt-out state will have 60 days from the completion of its 
Request For Proposal (240 days from the date of its opt-out 
notification to the Commission) to file an alternative state plan via 
the secure email address [email protected] or via certified mail to the 
Secretary's office.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-22339 Filed 10-13-17; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 48005

List of Subjects in 40 CFR Part 180 SUMMARY: In this document, the Synopsis
Environmental protection, Commission announces that the Office As required by the Paperwork
Administrative practice and procedure, of Management and Budget (OMB) has Reduction Act of 1995 (44 U.S.C. 3507),
Agricultural commodities, Pesticides approved, for a period of six months, the FCC is notifying the public that it
and pests, Reporting and recordkeeping the information collection associated received final OMB approval on October
requirements. with the Commission’s Procedures for 6, 2017, for the information collection
Commission Review of State Opt-Out requirements contained in the
Dated: September 7, 2017. Request from the FirstNet Radio Access
Richard P. Keigwin, Jr., modifications to the Commission’s rules
Network, Report and Order (Report and in 47 CFR 90.532. Under 5 CFR part
Director, Office of Pesticide Programs. Order)’s rules and procedures for 1320, an agency may not conduct or
Therefore, 40 CFR chapter I is administering the state opt-out process sponsor a collection of information
amended as follows: as provided under the Middle Class Tax unless it displays a current, valid OMB
Relief and Job Creation Act of 2012, as Control Number.
PART 180—[AMENDED] well delineating the specific standards No person shall be subject to any
by which the Commission will evaluate penalty for failing to comply with a
■ 1. The authority citation for part 180 state opt-out applications. This collection of information subject to the
continues to read as follows: document is consistent with the Report Paperwork Reduction Act that does not
Authority: 21 U.S.C. 321(q), 346a and 371. and Order, which stated that the display a current, valid OMB Control
■ 2. Add § 180.107 to subpart C to read Commission would publish a document Number. The OMB Control Number is
as follows: in the Federal Register announcing the 3060–1245.
effective date of those rules. The foregoing notice is required by
§ 180.107 Triflumezopyrim; tolerance for
DATES: The amendments to 47 CFR the Paperwork Reduction Act of 1995,
residues.
90.532(b) and (c) published at 82 FR Public Law 104–13, October 1, 1995,
(a) General. Tolerances are and 44 U.S.C. 3507.
46690, October 6, 2017, are effective
established for residues of the The total annual reporting burdens
November 6, 2017.
insecticide triflumezopyrim, including and costs for the respondents are as
its metabolites and degradates, in or on FOR FURTHER INFORMATION CONTACT: For follows:
the following food commodities in the additional information about the OMB Control Number: 3060–1245.
table below. Compliance with the information collection, contact Nicole OMB Approval Date: October 6, 2017.
tolerance levels specified below is to be Ongele, FCC, at (202) 418–2991 or via OMB Expiration Date: April 30, 2018.
determined by measuring only email PRA@fcc.gov and to Title: Procedures for Commission
triflumezopyrim (2,4-dioxo-1-(5- Nicole.Ongele@fcc.gov. Review of State Opt-Out Request from
pyrimidinylmethyl)-3-[3- SUPPLEMENTARY INFORMATION: This the FirstNet Radio Access Network.
(trifluoromethyl)phenyl]-2H-pyrido[1,2- document announces that, on October 6, Form Number: N/A.
a] pyrimidinium inner salt) in or on the 2017, OMB approved this information Respondents: State, local or tribal
commodity. collection under the emergency governments.
processing of the Paperwork Reduction Number of Respondents and
Commodity Parts per Act (PRA), 5 CFR 1320.13, for a period Responses: 55 respondents; 110
million responses.
of six months, the information
Estimated Time per Response: 0.25
Rice, grain * .......................... 0.40 collection requirements relating to the hours per initial notification.
Rice, hulls * ........................... 1.0 State opt-out rules contained in the
Frequency of Response: One-time
Commission’s Report and Order, FCC
* There are no U.S. registrations for the use reporting requirement.
of triflumezopyrim on these commodities. 17–75, published at 82 FR 46690, Obligation to Respond: Required to
October 6, 2017. The OMB Control obtain or retain benefits. Statutory
(b) Section 18 emergency exemptions. Number is 3060–1245. The Commission
[Reserved] authority for requiring licensees to
publishes this document as an submit this information enter into the
(c) Tolerances with regional announcement of the effective date of
registrations. [Reserved] written agreements is contained in the
the rules. If you have any comments on Middle Class Tax Relief and Job
(d) Indirect or inadvertent residues.
the burden estimates listed below, or Creation Act of 2012, Public Law 112
[Reserved]
how the Commission can improve the 96, 126 Stat. 156 §§ 6001–6303, 6413
[FR Doc. 2017–22356 Filed 10–13–17; 8:45 am] collections and reduce any burdens (codified at 47 U.S.C. 1401–1443, 1457).
BILLING CODE 6560–50–P caused thereby, please contact Nicole Total Annual Burden: 26,414 hours.
Ongele, Federal Communications Total Annual Cost: No cost.
Commission, Room 1–A620, 445 12th Nature and Extent of Confidentiality:
FEDERAL COMMUNICATIONS Street SW., Washington, DC 20554. Alternative state plans are very likely to
COMMISSION Please include the OMB Control contain proprietary information as well
Number, 3060–1245, in your as information whose disclosure could
47 CFR Part 90 correspondence. The Commission will compromise network security. Parties
[PS Docket No. 16–269, FCC 17–75] also accept your comments via email at may therefore seek confidential
PRA@fcc.gov. treatment of any filing under our Part 0
Procedures for Commission Review of To request materials in accessible rules, including the use of a protective
jstallworth on DSKBBY8HB2PROD with RULES

State Opt-Out Request From the formats for people with disabilities order process to allow other those
FirstNet Radio Access Network (Braille, large print, electronic files, granted party status to the restricted
AGENCY: Federal Communications audio format), send an email to fcc504@ proceeding access to the information on
Commission. fcc.gov or call the Consumer and a confidential basis.
ACTION: Final rule; announcement of
Governmental Affairs Bureau at (202) Privacy Act: No impact(s).
effective date. 418–0530 (voice), (202) 418–0432 Needs and Uses: The purpose of
(TTY). requiring this collection is to comply

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48006 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations

with Middle Class Tax Relief and Job ACTION: Notification of availability; FOR FURTHER INFORMATION CONTACT:
Creation Act of 2012. The Middle Class request for comments. Mark Johnson, Senior Economist,
Tax Relief and Job Creation Act of 2012 Pipeline and Hazardous Materials Safety
provides that ‘‘the Governor shall SUMMARY: This document provides Administration, by telephone at 202–
choose whether to participate in the notice that PHMSA and the Federal 366–4495 or by email at mark.johnson@
deployment of the nationwide, Railroad Administration (FRA) are dot.gov; or, Mark Anderson, Industry
interoperable broadband network as publishing a revised Regulatory Impact Economist, Federal Railroad
proposed by [FirstNet,] or conduct its Analysis (RIA) updating the original Administration, by telephone at 202–
own deployment of a radio access RIA associated with the electronically 493–6078 or by email at
network in such State.’’ If a Governor controlled pneumatic (ECP) brake mark.anderson@dot.gov.
chooses not to participate in the provision of PHMSA’s May 8, 2015,
SUPPLEMENTARY INFORMATION: On May 8,
Final Rule titled ‘‘Enhanced Tank Car
NPSBN, section 6302(e)(3)(A) of the Act 2015, PHMSA, in coordination with
Standards and Operational Controls for
requires the Governor to ‘‘notify FRA, published a Final Rule adopting
High-Hazard Flammable Trains’’ (Final
[FirstNet], the NTIA, and the requirements designed to reduce the
Rule). The agencies are publishing the
Commission of such decision.’’ The Act consequences and, in some instances,
updated RIA in response to the mandate
also states that an opt-out state ‘‘shall reduce the probability of accidents
of the Fixing America’s Surface
submit’’ to the Commission an involving trains transporting large
Transportation (FAST) Act. The
‘‘alternative plan’’ for ‘‘the construction, quantities of flammable liquids. See 80
updated RIA incorporates new testing
maintenance, operation, and FR 26643. The Final Rule defined
and analysis the National Academy of
improvements’’ of the RAN within the certain trains transporting large volumes
Sciences (NAS) reviewed,
state. Section 3(C)(ii) of the Act of flammable liquids as high-hazard
recommendations from two U.S. flammable trains (HHFT) 1 and others as
mandates that ‘‘upon submission of this
General Accountability Office (GAO) high-hazard flammable unit trains
plan, the Commission shall approve or
audits, and updates to the costs and (HHFUT).2 The Final Rule required
disapprove of the plan.’’
benefits of the provision of the Final HHFUTs transporting at least one
We require that either the Governor or
Rule based on current economic flammable liquid classified as a packing
the Governor’s his duly authorized
conditions. PHMSA invites comments group I material be operated with an
designee may provide notification of the
on all aspects of the updated RIA and ECP braking system by January 1, 2021,
Governor’s decision. The opt-out
the agency will respond to all relevant and all other HHFUTs be operated with
notification to the Commission must
comments received. an ECP braking system by May 1, 2023.
also include a certification that the state
DATES: Comments must be received by See 49 CFR 174.310(a)(3).
is providing simultaneous notice of its
opt-out decision to both to NTIA and November 1, 2017. Comments received In December 2015, Congress passed
FirstNet. To facilitate the electronic after that date will be considered to the the FAST Act. Pub. L. 114–94, 129 Stat.
filing of opt-out notifications, we will extent practicable, provided the 1686 (Dec. 4, 2015) (codified at 49
establish the email address opt-out@ comments do not result in additional U.S.C. 20168). Section 7311 of the FAST
fcc.gov as the address for this purpose. delay or expense. Act (section 7311) established a process,
Each opt-out state will have 60 days ADDRESSES: You may submit comments including independent study and
from the completion of its Request For identified by the docket number testing, for DOT to use in developing an
Proposal (240 days from the date of its PHMSA–2017–0102 by any of the updated RIA related to the Final Rule’s
opt-out notification to the Commission) following methods: ECP brake provision. The Secretary is
to file an alternative state plan via the • Federal eRulemaking Portal: http:// also required to solicit public comment
secure email address opt-out@fcc.gov or www.regulations.gov. Follow the online on the revised RIA, and issue a final
via certified mail to the Secretary’s instructions for submitting comments. updated RIA. Finally, Section 7311
office. • Fax: 1–202–493–2251. requires the Secretary of Transportation
• Mail or Hand Delivery: U.S. DOT to review the final updated RIA and
Federal Communications Commission. Docket Management System, West determine if the final rule’s ECP brake
Marlene H. Dortch, Building Ground Floor, Room W12–140, requirements are justified, based on
Secretary, Office of the Secretary. 1200 New Jersey Avenue SE, whether the final updated RIA
[FR Doc. 2017–22339 Filed 10–13–17; 8:45 am] Washington, DC 20590–0001 between demonstrates that the benefits exceed
BILLING CODE 6712–01–P 9:00 a.m. and 5:00 p.m., Monday the costs. The FAST Act requires this
through Friday, except Federal holidays. entire process to be completed no later
• Instructions: If you submit your than December 4, 2017.
comments by mail, submit two copies. Section 7311 required DOT to enter
DEPARTMENT OF TRANSPORTATION To receive confirmation that PHMSA into an agreement with NAS to test ECP
received your comments, include a self- brakes and reevaluate the economic
Pipeline and Hazardous Materials addressed stamped postcard. analysis supporting the ECP brake
Safety Administration
Privacy Act Statement requirement of the Final Rule.3 Section
49 CFR Part 174 Under 5 U.S.C. 553(c), the Department 1 The Final Rule defined an HHFT as ‘‘a single

of Transportation (DOT) solicits train transporting 20 or more loaded tank cars of a
[Docket No. PHMSA–2017–0102] comments from the public to better Class 3 flammable liquid in a continuous block or
a single train carrying 35 or more loaded tank cars
Hazardous Materials: Enhanced Tank inform its regulatory process. DOT posts of a Class 3 flammable liquid throughout the train
jstallworth on DSKBBY8HB2PROD with RULES

Car Standards and Operational these comments, without edit, including consist.’’ See 49 CFR 171.8.
Controls for High-Hazard Flammable any personal information the 2 The Final Rule defined an HHFUT as ‘‘a single

Trains commenter provides, to train transporting 70 or more loaded tank cars
www.regulations.gov, as described in containing Class 3 flammable liquid.’’
3 In a March 17, 2016, letter, NAS declined to
AGENCY: Pipeline and Hazardous the system of records notice (DOT/ALL– perform the testing, citing preliminary cost
Materials Safety Administration 14 FDMS), which can be reviewed at estimates to perform the testing in excess of $100
(PHMSA), DOT. www.dot.gov/privacy. million and expressing concern about meeting the

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Document Created: 2017-10-14 01:42:48
Document Modified: 2017-10-14 01:42:48

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; announcement of effective date.
Dates		The amendments to 47 CFR 90.532(b) and (c) published at 82 FR 46690, October 6, 2017, are effective November 6, 2017.
Contact		For additional information about the information collection, contact Nicole Ongele, FCC, at (202) 418-2991 or via email [email protected] and to [email protected]
FR Citation		82 FR 48005