83_FR_63308 83 FR 63073 - Establishment of the Office of Economics and Analytics

83 FR 63073 - Establishment of the Office of Economics and Analytics

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range63073-63076
FR Document2018-26423

Establishment of the Office of Economics and Analytics. This action is taken to enhance the role of economic analysis, the design and implementation of auctions, and the use and management of data at the Federal Communications Commission (the Commission or FCC). The Commission determined that the proper dispatch of its business and the public interest will be served by creating an Office of Economics and Analytics (the Office or OEA). In the Order, the Commission amended its Rules to reflect the new organizational structure, describe the Office's functions and delegated authority, and make other conforming changes. The Commission found it appropriate to make these organizational changes to integrate the use of economics and data analysis into the Commission's various rulemakings and other actions in a more comprehensive and thorough manner.

Federal Register, Volume 83 Issue 235 (Friday, December 7, 2018)
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63073-63076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26423]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[MD Docket No. 18-3; FCC 18-7]


Establishment of the Office of Economics and Analytics

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Establishment of the Office of Economics and Analytics. This 
action is taken to enhance the role of economic analysis, the design 
and implementation of auctions, and the use and management of data at 
the Federal Communications Commission (the Commission or FCC). The 
Commission determined that the proper dispatch of its business and the 
public interest will be served by creating an Office of Economics and 
Analytics (the Office or OEA). In the Order, the Commission amended its 
Rules to reflect the new organizational structure, describe the 
Office's functions and delegated authority, and make other conforming 
changes. The Commission found it appropriate to make these 
organizational changes to integrate the use of economics and data 
analysis into the Commission's various rulemakings and other actions in 
a more comprehensive and thorough manner.

DATES: Effective December 7, 2018.

[[Page 63074]]


FOR FURTHER INFORMATION CONTACT: Wayne Leighton, 202-418-0950.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
in MD Docket No. 18-3; FCC 18-7, adopted on January 30, 2018 and 
released on January 31, 2018. The full text of this document is 
available at https://docs.fcc.gov/public/attachments/FCC-18-7A1.pdf. 
Key objectives of this organizational change are to expand and deepen 
the use of economic analysis into Commission policy making, to enhance 
the development and use of auctions, and to implement consistent and 
effective agency-wide data practices and policies.
    The Office will be charged with ensuring that economic analysis is 
deeply and consistently incorporated into the agency's regular 
operations, and will support work across the FCC and throughout the 
decision-making process. Specifically, it will: (A) Provide economic 
analysis, including cost-benefit analysis, for rulemakings, 
transactions, adjudications, and other Commission actions; (B) manage 
the FCC's auctions in support of and in coordination with FCC Bureaus 
and Offices; (C) develop policies and strategies to help manage the 
FCC's data resources and establish best practices for data use 
throughout the FCC in coordination with FCC Bureaus and Offices; and 
(D) conduct long-term research on ways to improve the Commission's 
policies and processes in each of these areas.
    To accomplish these objectives and functions, the Office of 
Economics and Analytics will combine economists, attorneys, and data 
professionals from across the Commission. In particular, we intend for 
the majority of the Commission's economists currently in multiple 
Bureaus and Offices to staff the Office of Economics and Analytics.
    To accomplish this organizational change, the following actions are 
taken.
     The Commission will eliminate the Office of Strategic 
Planning and Policy Analysis (OSP) and generally shift OSP authorities 
and functions to the Office of Economics and Analytics.
     The Commission will create an Economic Analysis Division 
within the Office of Economics and Analytics. The Economic Analysis 
Division will provide analytical and quantitative support as needed to 
Bureaus and Offices engaged in rulemakings, transactions, auctions, 
adjudications, and other matters.
     The Commission will create an Industry Analysis Division 
within the Office of Economics and Analytics. To accomplish this, the 
Commission will generally shift the functions of the Industry Analysis 
and Technology Division of the Wireline Competition Bureau (WCB) to 
OEA. Through its Industry Analysis Division, OEA will serve as the 
Commission's principal resource with regard to designing and 
administering significant, economically-relevant data collections used 
by a variety of Bureaus and Offices, providing support to Bureaus and 
Offices with respect to these data collections as well as support using 
the data for Continuity of Operations (COOP)/Emergency Response Group 
(ERG)/Incident Management Team (IMT), and performing analyses and 
studies.
     The Commission will create an Auctions Division within the 
Office of Economics and Analytics. To accomplish this, the Commission 
will generally shift the functions of the Auctions and Spectrum Access 
Division in the Wireless Telecommunications Bureau (WTB) to OEA. 
Through its Auctions Division and in consultation with WTB and WCB, OEA 
will serve as the Commission's principal resource with regard to all 
auction design and implementation issues. OEA will collaborate with 
other Bureaus involved in establishing and conducting auctions, such as 
spectrum or universal service auctions.
     The Commission will create a Data Division within the 
Office of Economics and Analytics. The Data Division will help develop 
and implement best practices, processes, and standards for data 
management in order to meet the needs of Commission staff who rely on 
data to inform policymaking and other core activities of the 
Commission.

Paperwork Reduction Act

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Congressional Review Act

    The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules of agency organization, procedure, or practice that do 
not ``substantially affect the rights or obligations of non-agency 
parties.''
    The amendments adopted herein pertain to agency organization, 
procedure, and practice. Consequently, the notice and comment and 
effective date provisions of the Administrative Procedure Act contained 
in 5 U.S.C. 553(b) and (d) do not apply.
    Consistent with the Consolidated Appropriations Act, 2017, this 
reorganization will not become effective until the appropriate 
clearance has been obtained, and the Order has thereafter been 
published in the Federal Register.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to sections 1, 4, 5(b), 
5(c), 201(b), and 303(r) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154, 155(b), 155(c), 201(b), 303(r), this Order is 
adopted.
    It is further ordered that part 0 of the Commission rules is 
amended as set forth in the Final Rules section.
    It is further ordered that this Order will become effective 
December 7, 2018 in accordance with paragraph 7 of the Order (MD Docket 
No. 18-3; FCC 18-7, adopted on January 30, 2018 and released on January 
31, 2018).

List of Subjects in 47 CFR Part 0

    Classified information, Freedom of information, Government 
publications, Infants and children, Organization and functions 
(Government agencies), Postal Service, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 0 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Amend Sec.  0.5 by revising paragraph (a)(4) to read as follows:


Sec.  0.5   General description of Commission organization and 
operations.

    (a) * * *
    (4) Office of Economics and Analytics.
* * * * *

[[Page 63075]]


0
3. Revise Sec.  0.21 and the undesignated center heading immediately 
preceding it to read as follows:

Office of Economics and Analytics


Sec.  0.21   Functions of the Office.

    The Office of Economics and Analytics advises and makes 
recommendations to the Commission in the areas of economic and data 
analysis and data management policy. The Office reviews all Commission 
actions involving significant economic or data analysis and provides 
expertise, guidance, and assistance to the Bureaus and other Offices in 
applying the principles of economic and data analysis. The Office 
coordinates the Commission's research and development activities 
relating to economic and data analysis and data management policy. In 
addition, the Office serves, in close coordination with other relevant 
Bureaus and Offices, as a principal resource for policy and 
administrative staff of the Commission with regard to the design, 
implementation, and administration of auctions. The Office also 
establishes and implements Commission data management policies in 
conjunction with the relevant Bureaus and Offices and with the Office 
of Managing Director and Office of General Counsel. The Office of 
Economics and Analytics has the following duties and responsibilities:
    (a) Identifies and evaluates significant communications policy 
issues, based on the principles and methods of economics and data 
analysis.
    (b) Collaborates with and advises other Bureaus and Offices in the 
areas of economic and data analysis and with respect to the analysis of 
benefits, costs, and regulatory impacts of Commission policies, rules, 
and proposals.
    (c) Prepares a rigorous, economically-grounded cost-benefit 
analysis for every rulemaking deemed to have an annual effect on the 
economy of $100 million or more.
    (d) Confirms that the Office of Economics and Analytics has 
reviewed each Commission rulemaking to ensure it is complete before 
release to the public.
    (e) Reviews and comments on all significant issues of economic and 
data analysis raised in connection with actions proposed to be taken by 
the Commission and advises the Commission regarding such issues.
    (f) Develops, recommends, and implements data management policies 
in conjunction with the Office of Managing Director, the Office of 
General Counsel, and relevant Bureaus and Offices, and collaborates 
with and advises other Bureaus and Offices with respect to data 
management and data analysis.
    (g) Manages the Commission's economic and data analysis research 
programs, recommends budget levels and priorities for these programs, 
and serves as central account manager for all contractual economic and 
data analysis research studies funded by the Commission.
    (h) Conducts economic, statistical, cost-benefit, and other data 
analysis of the impact of existing and proposed communications policies 
and operations, including cooperative studies with other staff units 
and consultant and contract efforts as appropriate.
    (i) Coordinates the Commission's evaluation of government (state 
and federal), academic, and industry-sponsored research affecting 
Commission policy.
    (j) Coordinates with other Bureaus and Offices in making 
recommendations to the Commission on communications policy issues that 
involve economic and data analysis, to include cost-benefit analysis; 
represents the Commission at appropriate discussions and conferences.
    (k) Develops and recommends procedures and plans for effective 
economic and data analysis, to include cost-benefit analysis, within 
the Commission.
    (l) Seeks to ensure that FCC policy encourages and promotes 
competitive markets by providing Bureaus and Offices with the necessary 
support to identify, evaluate, and resolve competition issues.
    (m) In conjunction with the relevant subject matter Bureau, serves 
as the Commission's principal policy and administrative staff resource 
with regard to the design, implementation, and administration of 
auctions and other types of competitive bidding.
    (n) Administers Commission spectrum auctions for wireless 
telecommunications in conjunction with the Wireless Telecommunications 
Bureau. Administers Commission spectrum auctions for broadcasting in 
conjunction with the Media Bureau. Works with the Wireless 
Telecommunications Bureau to develop recommendations to the Commission 
on policies, programs and rules concerning auctions of spectrum for 
wireless telecommunications. In conjunction with the Wireless 
Telecommunications Bureau, Media Bureau, Wireline Competition Bureau, 
and other relevant Bureaus and Offices, advises the Commission on 
policy relating to auctions and competitive bidding to achieve other 
Commission policy objectives. Administers procurement of auction-
related services from outside contractors. Provides policy, 
administrative and technical assistance to other Bureaus and Offices on 
auction issues.
    (o) In conjunction with the Wireline Competition Bureau and 
Wireless Telecommunications Bureau, provides policy and administrative 
staff resources for the use of market-based mechanisms, including 
competitive bidding, to distribute universal service support.
    (p) With respect to applicable data and reporting duties assigned 
to the Office, coordinates with the Public Safety and Homeland Security 
Bureau and other relevant Bureaus and Offices on all matters affecting 
public safety, homeland security, national security, emergency 
management, disaster management, and related issues.
    (q) With respect to applicable data and reporting duties assigned 
to the Office, and in coordination with the Wireline Competition Bureau 
and the Wireless Telecommunications Bureau, provides federal staff 
support for the Federal-State Joint Board on Universal Service and the 
Federal-State Joint Board on Jurisdictional Separations.
    (r) In coordination with other relevant Bureaus and Offices, 
provides economic, financial, and technical analyses of communications 
markets and provider performance.
    (s) In coordination with the Wireline Competition Bureau, provides 
technical support for de novo review of decisions of the Administrative 
Council for Terminal Attachments regarding technical criteria pursuant 
to Sec.  68.614.
    (t) Prepares briefings, position papers, and proposed Commission 
actions, as appropriate.
    (u) In coordination with other relevant Bureaus and Offices, 
develops and recommends responses to legislative, regulatory or 
judicial inquiries and proposals concerning or affecting matters within 
the purview of its functions.

0
4. Amend Sec.  0.31 by revising paragraph (g) to read as follows:


Sec.  0.31   Functions of the Office.

* * * * *
    (g) In cooperation with the relevant Bureaus and Offices, including 
the Office of General Counsel and the Office of Economics and 
Analytics, to advise the Commission, participate in and coordinate 
staff work with respect to general frequency allocation proceedings and 
other proceedings not within the jurisdiction of any single Bureau, and 
render service and advice

[[Page 63076]]

with respect to rule making matters and proceedings affecting more than 
one Bureau.
* * * * *

0
5. Amend Sec.  0.91 by revising paragraph (p) to read as follows:


Sec.  0.91   Functions of the Office.

* * * * *
    (p) In coordination with the Office of Economics and Analytics and 
Wireless Telecommunications Bureau, serves as the Commission's 
principal policy and administrative staff resource with respect to the 
use of market-based mechanisms, including competitive bidding, to 
distribute universal service support. Develops, recommends and 
administers policies, programs, rules and procedures concerning the use 
of market-based mechanisms, including competitive bidding, to 
distribute universal service support.

0
6. Amend Sec.  0.131 by revising paragraphs (a), (c), and (r) to read 
as follows:


Sec.  0.131   Functions of the Bureau

* * * * *
    (a) Advises and makes recommendations to the Commission, or acts 
for the Commission under delegated authority, in all matters pertaining 
to the licensing and regulation of wireless telecommunications, 
including ancillary operations related to the provision or use of such 
services; any matters concerning wireless carriers that also affect 
wireline carriers in cooperation with the Wireline Competition Bureau; 
and, in cooperation with the Office of Economics and Analytics, all 
matters regarding spectrum auctions and, in cooperation with the 
Wireline Competition Bureau, USF mechanisms affecting wireless 
carriers. These activities include: Policy development and 
coordination; conducting rulemaking and adjudicatory proceedings, 
including licensing and complaint proceedings for matters not within 
the responsibility of the Enforcement Bureau; acting on waivers of 
rules; acting on applications for service and facility authorizations; 
compliance and enforcement activities for matters not within the 
responsibility of the Enforcement Bureau; determining resource impacts 
of existing, planned or recommended Commission activities concerning 
wireless telecommunications, and developing and recommending resource 
deployment priorities.
* * * * *
    (c) Serves as a staff resource, in coordination with the Office of 
Economics and Analytics, with regard to the development and 
implementation of spectrum policy through spectrum auctions. Develops, 
recommends and administers policies, programs and rules concerning 
licensing of spectrum for wireless telecommunications through auctions. 
Advises the Commission on policy, engineering and technical matters 
relating to auctions of spectrum used for other purposes.
* * * * *
    (r) In coordination with the Wireline Competition Bureau and the 
Office of Economics and Analytics, develops and recommends policies, 
programs, rules and procedures concerning the use of market-based 
mechanisms, including competitive bidding, to distribute universal 
service support.
* * * * *

0
7. Revise Sec.  0.271 and the undesignated center heading immediately 
preceding it to read as follows:

Office of Economics and Analytics


Sec.  0.271   Authority delegated.

    (a) Insofar as authority is not delegated to any other Bureau or 
Office, the Chief, Office of Economics and Analytics, is delegated 
authority to carry out the performance of functions and activities 
described in Sec.  0.21, provided that the following matters shall be 
referred to the Commission en banc for disposition:
    (1) Notices of proposed rulemaking and of inquiry, final orders in 
rulemaking proceedings and inquiry proceedings and non-editorial orders 
making changes, and any reports arising from any of the foregoing;
    (2) Any petition, pleading, request, or other matter presenting new 
or novel questions of fact, law, or policy that cannot be resolved 
under existing precedents and guidelines; and
    (3) Applications for review of actions taken to delegated 
authority, except that the Chief may dismiss any such application that 
does not comply with the filing requirements of Sec.  1.115(d) and (f) 
of this chapter.
    (4) Any applications that are in hearing status.
    (b) Insofar as authority is not delegated to any other Bureau or 
Office, and with respect only to matters that are not in hearing 
status, the Chief, Office of Economics and Analytics, is delegated 
authority to deny requests for extension of time or to extend the time 
within which comments may be filed in dockets over which the Office of 
Economics and Analytics has primary authority.
    (c) Insofar as authority is not delegated to any other Bureau or 
Office, the Chief, Office of Economics and Analytics, is authorized to 
dismiss or deny petitions for rulemaking that are repetitive or moot or 
that for other reasons plainly do not warrant consideration by the 
Commission.
    (d) The Chief, Office of Economics and Analytics, is authorized to 
dismiss or deny petitions for reconsideration to the extent permitted 
by Sec.  1.429(l) of this chapter and, jointly with the Wireless 
Telecommunications Bureau, to the extent permitted by Sec.  1.106 of 
this chapter.
    (e) The Chief, Office of Economics and Analytics, is delegated 
authority to make nonsubstantive, editorial revisions to the 
Commission's rules and regulations contained in part 1, subparts Q, V, 
W, and AA, of this chapter.

0
8. Add Sec.  0.272 to read as follows:


Sec.  0.272   Record of actions taken.

    The application and authorization files and other appropriate files 
of the Office of Economics and Analytics are designated as the 
Commission's official records of action of the Chief, Office of 
Economics and Analytics, pursuant to authority delegated to the Chief. 
The official records of action are maintained in the Reference 
Information Center in the Consumer and Governmental Affairs Bureau.

0
9. Add Sec.  0.273 to read as follows:


Sec.  0.273   Actions taken under delegated authority.

    In discharging the authority conferred by Sec.  0.271, the Chief, 
Office of Economics and Analytics, shall establish working 
relationships with other Bureaus and staff Offices to assure the 
effective coordination of actions taken in the analysis of regulatory 
impacts, including assessments of paperwork burdens and initial and 
final regulatory flexibility assessments.

[FR Doc. 2018-26423 Filed 12-6-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                             Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations                                              63073

                                           Tomah Armory Site in the information                    Management of Superfund Remedies in                   requirements, Superfund, Water
                                           repository and at EPA’s Region 5 office.                Post Construction (OLEM Directive                     pollution control, Water supply.
                                              EPA released the RI Report to the                    9200.3–105, February 2017), and Close                   Dated: October 30, 2018.
                                           public in April 1997. EPA made its                      Out Procedures for National Priorities                Cathy Stepp,
                                           Proposed Plan for cleaning up the                       List Sites (OLEM Directive 9320.2–22,
                                           Tomah Armory Site available to the                                                                            Regional Administrator, Region 5.
                                                                                                   May, 2011).
                                           public on July 22, 1997. EPA held a                       Cleanup actions specified in the ROD                  For the reasons set out in the
                                           public meeting on August 18, 1997 to                    and ESD for the Tomah Armory Site                     preamble, 40 CFR part 300 is amended
                                           discuss the RI and EPA’s Proposed Plan.                 have been implemented and the Tomah                   as follows:
                                           EPA placed advertisements in local                      Armory Site meets acceptable risk levels
                                           newspapers announcing EPA’s                             for all media and exposure pathways.                  PART 300—NATIONAL OIL AND
                                           proposed cleanup plan for the Tomah                     The ongoing IC and LTS actions                        HAZARDOUS SUBSTANCES
                                           Armory Site, the public meeting and the                 required at the Tomah Armory Site are                 POLLUTION CONTINGENCY PLAN
                                           comment period.                                         consistent with EPA policy and
                                              EPA held a public comment period on                  guidance.                                             ■ 1. The authority citation for part 300
                                           its Proposed Plan from July 25, 1997 to                   Groundwater sampling results                        continues to read as follows:
                                           August 25, 1997. The public generally                   confirm that the Tomah Armory Site                      Authority: 33 U.S.C. 1321(d); 42 U.S.C.
                                           supported the selected remedy. EPA                      does not pose any threat to human                     9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
                                           considered the public comments                          health or the environment. Therefore,                 2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                           received during the public meeting and                  the EPA has determined that no further                3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                           public comment period prior to                          Superfund response is necessary at the                FR 2923, 3 CFR, 1987 Comp., p. 193.
                                           selecting a final remedy for the Tomah                  Tomah Armory Site to protect human                    Appendix B to Part 300—[Amended]
                                           Armory Site in the ROD. EPA’s                           health and the environment.
                                           responses to the comments received are                    The NCP (40 CFR 300.425(e)) states                  ■  2. Table 1 of Appendix B to part 300
                                           included in a Responsiveness Summary,                   that a site may be deleted from the NPL               is amended by removing the entry ‘‘WI’’,
                                           which is part of the ROD. EPA also                      when no further response action is                    ‘‘Tomah Armory’’, ‘‘Tomah’’.
                                           placed a copy of the 2014 ESD in the                    appropriate. EPA, in consultation with                [FR Doc. 2018–26486 Filed 12–6–18; 8:45 am]
                                           information repositories for the Tomah                  the State of Wisconsin, has determined                BILLING CODE 6560–50–P
                                           Armory Site.                                            that all required response actions have
                                              EPA placed advertisements                            been implemented at the Tomah
                                           announcing the FYRs for the Tomah                       Armory Site and that no further
                                           Armory Site in local newspapers                                                                               FEDERAL COMMUNICATIONS
                                                                                                   response action by the responsible                    COMMISSION
                                           including the Tomah Monitor-Herald                      parties is appropriate.
                                           (November 27, 2006 and November 23,                                                                           47 CFR Part 0
                                           2015), the Tomah Journal (November 30,                  V. Deletion Action
                                           2006 and February 2011), and the Tri-                      The EPA, with concurrence of the                   [MD Docket No. 18–3; FCC 18–7]
                                           County Foxxy Shopper East Edition                       State of Wisconsin through the WDNR,
                                           (November 27, 2006). EPA made the                       has determined that all appropriate                   Establishment of the Office of
                                           results of the FYRs available at the                    response actions under CERCLA, other                  Economics and Analytics
                                           Tomah Armory Site information                           than operation and maintenance,
                                                                                                   monitoring and five-year reviews have                 AGENCY:  Federal Communications
                                           repositories and at the following
                                                                                                   been completed. Therefore, EPA is                     Commission.
                                           website: http://www.epa.gov/superfund/
                                           tomah-armory.                                           deleting the Tomah Armory Site from                   ACTION: Final rule.
                                              EPA arranged to publish an                           the NPL.
                                                                                                      Because EPA considers this action to               SUMMARY:   Establishment of the Office of
                                           advertisement announcing the
                                                                                                   be noncontroversial and routine, EPA is               Economics and Analytics. This action is
                                           publication of this proposed direct final
                                                                                                   taking it without prior proposal. This                taken to enhance the role of economic
                                           Notice of Deletion in the Tomah Journal
                                                                                                   action will be effective February 5, 2019             analysis, the design and implementation
                                           prior to its publication in the Federal
                                                                                                   unless EPA receives adverse comments                  of auctions, and the use and
                                           Register.
                                              Documents in the deletion docket                     by January 7, 2019. If adverse comments               management of data at the Federal
                                           which EPA relied on to support the                      are received within the 30-day public                 Communications Commission (the
                                           deletion of the Tomah Armory Site from                  comment period, EPA will publish a                    Commission or FCC). The Commission
                                           the NPL are available to the public in                  timely withdrawal of this direct final                determined that the proper dispatch of
                                           the Tomah Armory Site information                       notice of deletion before the effective               its business and the public interest will
                                           repositories and at http://                             date of the deletion, and it will not take            be served by creating an Office of
                                           www.regulations.gov.                                    effect. EPA will prepare a response to                Economics and Analytics (the Office or
                                                                                                   comments and continue with the                        OEA). In the Order, the Commission
                                           Determination That the Tomah Armory                                                                           amended its Rules to reflect the new
                                                                                                   deletion process on the basis of the
                                           Site Meets the Criteria for Deletion From                                                                     organizational structure, describe the
                                                                                                   notice of intent to delete and the
                                           the NCP                                                                                                       Office’s functions and delegated
                                                                                                   comments already received. There will
                                             The February 7, 2018, Final Close Out                 be no additional opportunity to                       authority, and make other conforming
                                           Report (FCOR) documents that EPA, the                   comment.                                              changes. The Commission found it
                                           WIARNG and the WDNR have                                                                                      appropriate to make these
amozie on DSK3GDR082PROD with RULES




                                           successfully implemented all                            List of Subjects in 40 CFR Part 300                   organizational changes to integrate the
                                           appropriate response actions at the                       Environmental protection, Air                       use of economics and data analysis into
                                           Tomah Armory Site in accordance with                    pollution control, Chemicals, Hazardous               the Commission’s various rulemakings
                                           the 1997 EPA Record of Decision (ROD),                  waste, Hazardous substances,                          and other actions in a more
                                           the 2014 EPA Explanation of Significant                 Intergovernmental relations, Penalties,               comprehensive and thorough manner.
                                           Differences (ESD) and the Guidance for                  Reporting and recordkeeping                           DATES: Effective December 7, 2018.



                                      VerDate Sep<11>2014   15:58 Dec 06, 2018   Jkt 247001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                           63074             Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations

                                           FOR FURTHER INFORMATION CONTACT:                        generally shift the functions of the                    The amendments adopted herein
                                           Wayne Leighton, 202–418–0950.                           Industry Analysis and Technology                      pertain to agency organization,
                                           SUPPLEMENTARY INFORMATION: This is a                    Division of the Wireline Competition                  procedure, and practice. Consequently,
                                           summary of the Commission’s Order, in                   Bureau (WCB) to OEA. Through its                      the notice and comment and effective
                                           MD Docket No. 18–3; FCC 18–7,                           Industry Analysis Division, OEA will                  date provisions of the Administrative
                                           adopted on January 30, 2018 and                         serve as the Commission’s principal                   Procedure Act contained in 5 U.S.C.
                                           released on January 31, 2018. The full                  resource with regard to designing and                 553(b) and (d) do not apply.
                                           text of this document is available at                   administering significant, economically-                Consistent with the Consolidated
                                           https://docs.fcc.gov/public/                            relevant data collections used by a                   Appropriations Act, 2017, this
                                           attachments/FCC-18-7A1.pdf. Key                         variety of Bureaus and Offices,                       reorganization will not become effective
                                           objectives of this organizational change                providing support to Bureaus and                      until the appropriate clearance has been
                                           are to expand and deepen the use of                     Offices with respect to these data                    obtained, and the Order has thereafter
                                           economic analysis into Commission                       collections as well as support using the              been published in the Federal Register.
                                           policy making, to enhance the                           data for Continuity of Operations
                                                                                                   (COOP)/Emergency Response Group                       Ordering Clauses
                                           development and use of auctions, and to
                                           implement consistent and effective                      (ERG)/Incident Management Team                          Accordingly, it is ordered that,
                                           agency-wide data practices and policies.                (IMT), and performing analyses and                    pursuant to sections 1, 4, 5(b), 5(c),
                                              The Office will be charged with                      studies.                                              201(b), and 303(r) of the
                                           ensuring that economic analysis is                        • The Commission will create an                     Communications Act of 1934, as
                                           deeply and consistently incorporated                    Auctions Division within the Office of                amended, 47 U.S.C. 151, 154, 155(b),
                                           into the agency’s regular operations, and               Economics and Analytics. To                           155(c), 201(b), 303(r), this Order is
                                           will support work across the FCC and                    accomplish this, the Commission will                  adopted.
                                           throughout the decision-making                          generally shift the functions of the                    It is further ordered that part 0 of the
                                           process. Specifically, it will: (A) Provide             Auctions and Spectrum Access Division                 Commission rules is amended as set
                                           economic analysis, including cost-                      in the Wireless Telecommunications                    forth in the Final Rules section.
                                           benefit analysis, for rulemakings,                      Bureau (WTB) to OEA. Through its                        It is further ordered that this Order
                                           transactions, adjudications, and other                  Auctions Division and in consultation                 will become effective December 7, 2018
                                           Commission actions; (B) manage the                      with WTB and WCB, OEA will serve as                   in accordance with paragraph 7 of the
                                           FCC’s auctions in support of and in                     the Commission’s principal resource                   Order (MD Docket No. 18–3; FCC 18–7,
                                           coordination with FCC Bureaus and                       with regard to all auction design and                 adopted on January 30, 2018 and
                                           Offices; (C) develop policies and                       implementation issues. OEA will                       released on January 31, 2018).
                                           strategies to help manage the FCC’s data                collaborate with other Bureaus involved
                                           resources and establish best practices                  in establishing and conducting auctions,              List of Subjects in 47 CFR Part 0
                                           for data use throughout the FCC in                      such as spectrum or universal service                   Classified information, Freedom of
                                           coordination with FCC Bureaus and                       auctions.                                             information, Government publications,
                                           Offices; and (D) conduct long-term                        • The Commission will create a Data                 Infants and children, Organization and
                                           research on ways to improve the                         Division within the Office of Economics               functions (Government agencies), Postal
                                           Commission’s policies and processes in                  and Analytics. The Data Division will                 Service, Privacy, Reporting and
                                           each of these areas.                                    help develop and implement best                       recordkeeping requirements, Sunshine
                                              To accomplish these objectives and                   practices, processes, and standards for               Act.
                                           functions, the Office of Economics and                  data management in order to meet the
                                                                                                                                                         Federal Communications Commission.
                                           Analytics will combine economists,                      needs of Commission staff who rely on
                                                                                                                                                         Katura Jackson,
                                           attorneys, and data professionals from                  data to inform policymaking and other
                                           across the Commission. In particular,                   core activities of the Commission.                    Federal Register Liaison Officer, Office of the
                                                                                                                                                         Secretary.
                                           we intend for the majority of the
                                                                                                   Paperwork Reduction Act
                                           Commission’s economists currently in                                                                          Final Rules
                                           multiple Bureaus and Offices to staff the                 This document does not contain new
                                           Office of Economics and Analytics.                      or modified information collection                      For the reasons discussed in the
                                              To accomplish this organizational                    requirements subject to the Paperwork                 preamble, the Federal Communications
                                           change, the following actions are taken.                Reduction Act of 1995 (PRA), Public                   Commission amends 47 CFR part 0 as
                                              • The Commission will eliminate the                  Law 104–13. In addition, therefore, it                follows:
                                           Office of Strategic Planning and Policy                 does not contain any new or modified                  PART 0—COMMISSION
                                           Analysis (OSP) and generally shift OSP                  information collection burden for small               ORGANIZATION
                                           authorities and functions to the Office of              business concerns with fewer than 25
                                           Economics and Analytics.                                employees, pursuant to the Small                      ■ 1. The authority citation for part 0
                                              • The Commission will create an                      Business Paperwork Relief Act of 2002,                continues to read as follows:
                                           Economic Analysis Division within the                   Public Law 107–198, see 44 U.S.C.
                                                                                                                                                           Authority: Secs. 5, 48 Stat. 1068, as
                                           Office of Economics and Analytics. The                  3506(c)(4).
                                                                                                                                                         amended; 47 U.S.C. 155, 225, unless
                                           Economic Analysis Division will                                                                               otherwise noted.
                                                                                                   Congressional Review Act
                                           provide analytical and quantitative
                                           support as needed to Bureaus and                          The Commission will not send a copy                 ■ 2. Amend § 0.5 by revising paragraph
                                           Offices engaged in rulemakings,                         of this Order pursuant to the                         (a)(4) to read as follows:
amozie on DSK3GDR082PROD with RULES




                                           transactions, auctions, adjudications,                  Congressional Review Act, see 5 U.S.C.
                                                                                                                                                         § 0.5 General description of Commission
                                           and other matters.                                      801(a)(1)(A), because the adopted rules               organization and operations.
                                              • The Commission will create an                      of agency organization, procedure, or
                                           Industry Analysis Division within the                   practice that do not ‘‘substantially affect             (a) * * *
                                           Office of Economics and Analytics. To                   the rights or obligations of non-agency                 (4) Office of Economics and Analytics.
                                           accomplish this, the Commission will                    parties.’’                                            *     *     *     *   *


                                      VerDate Sep<11>2014   15:58 Dec 06, 2018   Jkt 247001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                                             Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations                                          63075

                                           ■ 3. Revise § 0.21 and the undesignated                 Offices, and collaborates with and                    auctions and competitive bidding to
                                           center heading immediately preceding it                 advises other Bureaus and Offices with                achieve other Commission policy
                                           to read as follows:                                     respect to data management and data                   objectives. Administers procurement of
                                                                                                   analysis.                                             auction-related services from outside
                                           Office of Economics and Analytics                          (g) Manages the Commission’s                       contractors. Provides policy,
                                           § 0.21   Functions of the Office.                       economic and data analysis research                   administrative and technical assistance
                                              The Office of Economics and                          programs, recommends budget levels                    to other Bureaus and Offices on auction
                                           Analytics advises and makes                             and priorities for these programs, and                issues.
                                           recommendations to the Commission in                    serves as central account manager for all                (o) In conjunction with the Wireline
                                           the areas of economic and data analysis                 contractual economic and data analysis                Competition Bureau and Wireless
                                                                                                   research studies funded by the                        Telecommunications Bureau, provides
                                           and data management policy. The Office
                                                                                                   Commission.                                           policy and administrative staff resources
                                           reviews all Commission actions
                                                                                                      (h) Conducts economic, statistical,                for the use of market-based mechanisms,
                                           involving significant economic or data                  cost-benefit, and other data analysis of
                                           analysis and provides expertise,                                                                              including competitive bidding, to
                                                                                                   the impact of existing and proposed                   distribute universal service support.
                                           guidance, and assistance to the Bureaus                 communications policies and                              (p) With respect to applicable data
                                           and other Offices in applying the                       operations, including cooperative                     and reporting duties assigned to the
                                           principles of economic and data                         studies with other staff units and                    Office, coordinates with the Public
                                           analysis. The Office coordinates the                    consultant and contract efforts as                    Safety and Homeland Security Bureau
                                           Commission’s research and                               appropriate.                                          and other relevant Bureaus and Offices
                                           development activities relating to                         (i) Coordinates the Commission’s                   on all matters affecting public safety,
                                           economic and data analysis and data                     evaluation of government (state and                   homeland security, national security,
                                           management policy. In addition, the                     federal), academic, and industry-                     emergency management, disaster
                                           Office serves, in close coordination with               sponsored research affecting                          management, and related issues.
                                           other relevant Bureaus and Offices, as a                Commission policy.                                       (q) With respect to applicable data
                                           principal resource for policy and                          (j) Coordinates with other Bureaus                 and reporting duties assigned to the
                                           administrative staff of the Commission                  and Offices in making recommendations                 Office, and in coordination with the
                                           with regard to the design,                              to the Commission on communications                   Wireline Competition Bureau and the
                                           implementation, and administration of                   policy issues that involve economic and               Wireless Telecommunications Bureau,
                                           auctions. The Office also establishes and               data analysis, to include cost-benefit                provides federal staff support for the
                                           implements Commission data                              analysis; represents the Commission at                Federal-State Joint Board on Universal
                                           management policies in conjunction                      appropriate discussions and                           Service and the Federal-State Joint
                                           with the relevant Bureaus and Offices                   conferences.                                          Board on Jurisdictional Separations.
                                           and with the Office of Managing                            (k) Develops and recommends                           (r) In coordination with other relevant
                                           Director and Office of General Counsel.                 procedures and plans for effective                    Bureaus and Offices, provides
                                           The Office of Economics and Analytics                   economic and data analysis, to include                economic, financial, and technical
                                           has the following duties and                            cost-benefit analysis, within the                     analyses of communications markets
                                           responsibilities:                                       Commission.                                           and provider performance.
                                              (a) Identifies and evaluates significant                (l) Seeks to ensure that FCC policy                   (s) In coordination with the Wireline
                                           communications policy issues, based on                  encourages and promotes competitive                   Competition Bureau, provides technical
                                           the principles and methods of                           markets by providing Bureaus and                      support for de novo review of decisions
                                           economics and data analysis.                            Offices with the necessary support to                 of the Administrative Council for
                                              (b) Collaborates with and advises                    identify, evaluate, and resolve                       Terminal Attachments regarding
                                           other Bureaus and Offices in the areas                  competition issues.                                   technical criteria pursuant to § 68.614.
                                           of economic and data analysis and with                     (m) In conjunction with the relevant                  (t) Prepares briefings, position papers,
                                           respect to the analysis of benefits, costs,             subject matter Bureau, serves as the                  and proposed Commission actions, as
                                           and regulatory impacts of Commission                    Commission’s principal policy and                     appropriate.
                                           policies, rules, and proposals.                         administrative staff resource with regard                (u) In coordination with other
                                              (c) Prepares a rigorous, economically-               to the design, implementation, and                    relevant Bureaus and Offices, develops
                                           grounded cost-benefit analysis for every                administration of auctions and other                  and recommends responses to
                                           rulemaking deemed to have an annual                     types of competitive bidding.                         legislative, regulatory or judicial
                                           effect on the economy of $100 million                      (n) Administers Commission                         inquiries and proposals concerning or
                                           or more.                                                spectrum auctions for wireless                        affecting matters within the purview of
                                              (d) Confirms that the Office of                      telecommunications in conjunction                     its functions.
                                           Economics and Analytics has reviewed                    with the Wireless Telecommunications                  ■ 4. Amend § 0.31 by revising paragraph
                                           each Commission rulemaking to ensure                    Bureau. Administers Commission                        (g) to read as follows:
                                           it is complete before release to the                    spectrum auctions for broadcasting in
                                           public.                                                 conjunction with the Media Bureau.                    § 0.31   Functions of the Office.
                                              (e) Reviews and comments on all                      Works with the Wireless                               *     *     *    *     *
                                           significant issues of economic and data                 Telecommunications Bureau to develop                    (g) In cooperation with the relevant
                                           analysis raised in connection with                      recommendations to the Commission on                  Bureaus and Offices, including the
                                           actions proposed to be taken by the                     policies, programs and rules concerning               Office of General Counsel and the Office
                                           Commission and advises the                              auctions of spectrum for wireless                     of Economics and Analytics, to advise
amozie on DSK3GDR082PROD with RULES




                                           Commission regarding such issues.                       telecommunications. In conjunction                    the Commission, participate in and
                                              (f) Develops, recommends, and                        with the Wireless Telecommunications                  coordinate staff work with respect to
                                           implements data management policies                     Bureau, Media Bureau, Wireline                        general frequency allocation
                                           in conjunction with the Office of                       Competition Bureau, and other relevant                proceedings and other proceedings not
                                           Managing Director, the Office of General                Bureaus and Offices, advises the                      within the jurisdiction of any single
                                           Counsel, and relevant Bureaus and                       Commission on policy relating to                      Bureau, and render service and advice


                                      VerDate Sep<11>2014   15:58 Dec 06, 2018   Jkt 247001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                           63076             Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations

                                           with respect to rule making matters and                 Economics and Analytics, with regard to                 (c) Insofar as authority is not
                                           proceedings affecting more than one                     the development and implementation of                 delegated to any other Bureau or Office,
                                           Bureau.                                                 spectrum policy through spectrum                      the Chief, Office of Economics and
                                           *     *     *      *    *                               auctions. Develops, recommends and                    Analytics, is authorized to dismiss or
                                           ■ 5. Amend § 0.91 by revising paragraph
                                                                                                   administers policies, programs and rules              deny petitions for rulemaking that are
                                           (p) to read as follows:                                 concerning licensing of spectrum for                  repetitive or moot or that for other
                                                                                                   wireless telecommunications through                   reasons plainly do not warrant
                                           § 0.91    Functions of the Office.                      auctions. Advises the Commission on                   consideration by the Commission.
                                           *     *     *     *    *                                policy, engineering and technical                       (d) The Chief, Office of Economics
                                             (p) In coordination with the Office of                matters relating to auctions of spectrum              and Analytics, is authorized to dismiss
                                           Economics and Analytics and Wireless                    used for other purposes.                              or deny petitions for reconsideration to
                                           Telecommunications Bureau, serves as                    *      *    *     *    *                              the extent permitted by § 1.429(l) of this
                                           the Commission’s principal policy and                     (r) In coordination with the Wireline               chapter and, jointly with the Wireless
                                           administrative staff resource with                      Competition Bureau and the Office of                  Telecommunications Bureau, to the
                                           respect to the use of market-based                      Economics and Analytics, develops and                 extent permitted by § 1.106 of this
                                           mechanisms, including competitive                       recommends policies, programs, rules                  chapter.
                                           bidding, to distribute universal service                and procedures concerning the use of                    (e) The Chief, Office of Economics
                                           support. Develops, recommends and                       market-based mechanisms, including                    and Analytics, is delegated authority to
                                           administers policies, programs, rules                   competitive bidding, to distribute                    make nonsubstantive, editorial revisions
                                           and procedures concerning the use of                    universal service support.                            to the Commission’s rules and
                                           market-based mechanisms, including                                                                            regulations contained in part 1, subparts
                                                                                                   *      *    *     *    *
                                           competitive bidding, to distribute                                                                            Q, V, W, and AA, of this chapter.
                                                                                                   ■ 7. Revise § 0.271 and the
                                           universal service support.                                                                                    ■ 8. Add § 0.272 to read as follows:
                                                                                                   undesignated center heading
                                           ■ 6. Amend § 0.131 by revising
                                                                                                   immediately preceding it to read as                   § 0.272    Record of actions taken.
                                           paragraphs (a), (c), and (r) to read as                 follows:                                                 The application and authorization
                                           follows:
                                                                                                   Office of Economics and Analytics                     files and other appropriate files of the
                                           § 0.131    Functions of the Bureau                                                                            Office of Economics and Analytics are
                                           *      *    *      *      *                             § 0.271   Authority delegated.                        designated as the Commission’s official
                                              (a) Advises and makes                                   (a) Insofar as authority is not                    records of action of the Chief, Office of
                                           recommendations to the Commission, or                   delegated to any other Bureau or Office,              Economics and Analytics, pursuant to
                                           acts for the Commission under                           the Chief, Office of Economics and                    authority delegated to the Chief. The
                                           delegated authority, in all matters                     Analytics, is delegated authority to carry            official records of action are maintained
                                           pertaining to the licensing and                         out the performance of functions and                  in the Reference Information Center in
                                           regulation of wireless                                  activities described in § 0.21, provided              the Consumer and Governmental Affairs
                                           telecommunications, including ancillary                 that the following matters shall be                   Bureau.
                                           operations related to the provision or                  referred to the Commission en banc for                ■ 9. Add § 0.273 to read as follows:
                                           use of such services; any matters                       disposition:
                                                                                                                                                         § 0.273 Actions taken under delegated
                                           concerning wireless carriers that also                     (1) Notices of proposed rulemaking                 authority.
                                           affect wireline carriers in cooperation                 and of inquiry, final orders in
                                           with the Wireline Competition Bureau;                   rulemaking proceedings and inquiry                      In discharging the authority conferred
                                           and, in cooperation with the Office of                  proceedings and non-editorial orders                  by § 0.271, the Chief, Office of
                                           Economics and Analytics, all matters                    making changes, and any reports arising               Economics and Analytics, shall
                                           regarding spectrum auctions and, in                     from any of the foregoing;                            establish working relationships with
                                           cooperation with the Wireline                                                                                 other Bureaus and staff Offices to assure
                                                                                                      (2) Any petition, pleading, request, or
                                           Competition Bureau, USF mechanisms                                                                            the effective coordination of actions
                                                                                                   other matter presenting new or novel
                                           affecting wireless carriers. These                                                                            taken in the analysis of regulatory
                                                                                                   questions of fact, law, or policy that
                                           activities include: Policy development                                                                        impacts, including assessments of
                                                                                                   cannot be resolved under existing
                                           and coordination; conducting                                                                                  paperwork burdens and initial and final
                                                                                                   precedents and guidelines; and
                                           rulemaking and adjudicatory                                                                                   regulatory flexibility assessments.
                                                                                                      (3) Applications for review of actions
                                           proceedings, including licensing and                    taken to delegated authority, except that             [FR Doc. 2018–26423 Filed 12–6–18; 8:45 am]
                                           complaint proceedings for matters not                   the Chief may dismiss any such                        BILLING CODE 6712–01–P
                                           within the responsibility of the                        application that does not comply with
                                           Enforcement Bureau; acting on waivers                   the filing requirements of § 1.115(d) and
                                           of rules; acting on applications for                    (f) of this chapter.                                  FEDERAL COMMUNICATIONS
                                           service and facility authorizations;                       (4) Any applications that are in                   COMMISSION
                                           compliance and enforcement activities                   hearing status.                                       47 CFR Parts 1 and 96
                                           for matters not within the responsibility                  (b) Insofar as authority is not
                                           of the Enforcement Bureau; determining                  delegated to any other Bureau or Office,              [GN Docket No. 17–258; FCC 18–149]
                                           resource impacts of existing, planned or                and with respect only to matters that are
                                           recommended Commission activities                       not in hearing status, the Chief, Office              Promoting Investment in the 3550–
                                           concerning wireless                                     of Economics and Analytics, is                        3700 MHz Band
amozie on DSK3GDR082PROD with RULES




                                           telecommunications, and developing                      delegated authority to deny requests for              AGENCY:  Federal Communications
                                           and recommending resource                               extension of time or to extend the time               Commission.
                                           deployment priorities.                                  within which comments may be filed in                 ACTION: Final rule.
                                           *      *    *      *      *                             dockets over which the Office of
                                              (c) Serves as a staff resource, in                   Economics and Analytics has primary                          In this document, the Federal
                                                                                                                                                         SUMMARY:
                                           coordination with the Office of                         authority.                                            Communications Commission


                                      VerDate Sep<11>2014   15:58 Dec 06, 2018   Jkt 247001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM    07DER1



Document Created: 2018-12-07 01:52:31
Document Modified: 2018-12-07 01:52:31
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.
DatesEffective December 7, 2018.
ContactWayne Leighton, 202-418-0950.
FR Citation83 FR 63073 
CFR AssociatedClassified Information; Freedom of Information; Government Publications; Infants and Children; Organization and Functions (Government Agencies); Postal Service; Privacy; Reporting and Recordkeeping Requirements and Sunshine Act

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR