32034 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations

DATES: This suspension is effective May The filing and processing suspension suspension until after publication in the 31, 2012. It has been enforced with applies only to applications for new or Federal Register. Such a delay would have actual notice since April 26, 2012. expanded use of T–Band frequencies for been impractical, unnecessary, and contrary the following radio services in the 470– to the public interest because it would ADDRESSES: Federal Communications undercut the purposes of the suspension.3 Commission, 445 12th St. SW., 512 MHz band: Washington, DC 20554. Part 22 Public Mobile Services: Paging Procedural Matters and (radio service code FOR FURTHER INFORMATION CONTACT: For CD), Offshore Radiotelephone (radio 1. Paperwork Reduction Act Analysis additional information or questions, service code CO) This document does not contain please contact Mr. Keith Harper of the Part 90 Industrial/Business Pool: proposed information collection(s) Bureau, Industrial/Business Pool—Conventional subject to the Paperwork Reduction Act (202) 418–2759, [email protected], (radio service code IG), Industrial/ of 1995 (PRA), Public Law 104–13. In regarding Part 22 applications; Mr. Business Pool—Commercial, addition, therefore, it does not contain Terry Fishel of the Wireless Conventional (radio service code IK), any new or modified ‘‘information Telecommunications Bureau, (717) 338– Industrial/Business Pool—Trunked collection burden for small business 2602, [email protected], regarding (radio service code YG), Industrial/ concerns with fewer than 25 Part 90 Industrial/Business Pool Business Pool—Commercial, Trunked employees,’’ pursuant to the Small applications; or Mr. Tracy Simmons of (radio service code YK) Business Paperwork relief Act of 2002, the Public Safety and Homeland Part 90 Public Safety Pool: Public Public Law 107–198, See 44 U.S.C. Security Bureau, (717) 338–2657, Safety Pool—Conventional (radio 3506(c)(4). [email protected], regarding Part service code PW), Public Safety Pool— 90 Public Safety Pool applications. Trunked (radio service code YW). 2. Congressional Review Act SUPPLEMENTARY INFORMATION: This is a As such, effective immediately and The Commission’s Consumer and summary of the Commission’s Public until further notice, the Bureaus will not Governmental Affairs Bureau, Reference Notice, (‘‘PN’’) in DA 12–643, which accept or process (1) applications for Information Center, SHALL SEND a was released on April 26, 2012. The full new licenses; (2) applications that seek copy of this Public Notice in a report to text of this document available for to modify existing licenses by adding or be sent to Congress and the Government public inspection and copying during changing frequencies or locations; (3) Accountability Office pursuant to the business hours in the FCC Reference applications that seek to modify existing Congressional Review Act, see 5 U.S.C. Information Center, Portals II, 445 12th licenses by changing technical 801(a)(1)(A). St., SW., Room CY–A257, Washington, parameters in a manner that expands Federal Communications Commission. the station’s spectral or geographic DC, 20554 or by downloading the text Scot Stone, from the Commission’s Web site at footprint, such as, but not limited to, increases in , power level, Deputy Chief, Mobility Division, Wireless http://www.fcc.gov/. The complete text Telecommunications Bureau. also may be purchased from the antenna height, or area of operation; and [FR Doc. 2012–12953 Filed 5–30–12; 8:45 am] Commission’s duplicating contractor, (4) any other application that could Best Copy and Printing, Inc., Portals II, increase the degree to which the 470– BILLING CODE 6712–01–P 445 12th Street, Suite CY–B402, 512 MHz band currently is licensed. We Washington, DC 20554. Alternative clarify that affected applications that are FEDERAL COMMUNICATIONS formats are available for people with now pending will not be further COMMISSION disabilities (Braille, large print, processed until the Commission decides electronic files, audio format), by how to implement the Act, except that 47 CFR Part 73 sending an email to defective applications and applications or calling the Consumer and in return status that are not timely [MB Docket No. 09–52; FCC 11–190] resubmitted will be dismissed. Government Affairs Bureau at (202) Policies To Promote Rural Radio 418–0530 (voice), (202) 418–0432 The decision to impose this suspension is Service and To Streamline Allotment (TTY). procedural in nature, and therefore is not and Assignment Procedures subject to the notice, comment, and effective Synopsis of the Public Notice date requirements of the Administrative AGENCY: Federal Communications On April 26, 2012, the Wireless Procedure Act.2 Moreover, there was good Commission. cause for not delaying the effect of the Telecommunications Bureau and Public ACTION: Final rule; announcement of Safety and Homeland Security Bureau effective date. released a Public Notice which nine years after the date of enactment, the Commission shall ‘‘reallocate the spectrum in the SUMMARY: In this document, the suspended the acceptance and 470–512 MHz band * * * currently used by public processing of certain applications for safety eligibles * * *.’’ Id. at 6103(a). The Act Commission announces that the Office Part 22 and 90 services operating in the instructs the Commission to ‘‘begin a system of of Management and Budget (OMB) has 470–512 MHz spectrum band (T–Band). competitive bidding under section 309(j) of the approved, for a period of three years, the Communications Act of 1934 (47 U.S.C. 309(j)) to information collection requirements and The suspension will serve to stabilize grant new initial licenses for the use of the the spectral environment while the spectrum.’’ Id. It also provides that ‘‘relocation of form revisions associated with the Commission considers issues public safety entities from the T–Band Spectrum’’ Commission’s rules contained in the surrounding future use of the T–Band, shall be completed not later than two years after Third Report and Order, FCC 11–190, completion of the system of competitive bidding. pertaining to the policies to promote solicits input from interested parties, Id. at 6103(b) and (c). and determines how best to implement 2 See 5 U.S.C. 553(b)(A), (d); see also, e.g., rural radio service and to streamline recent spectrum legislation contained in Neighborhood TV Co. v. FCC, 742 F.2d 629, 637– allotment and assignment procedures. the Middle Class Tax Relief and Job 38 (D.C. Cir. 1984) (holding that the Commission’s This notice is consistent with the Third 1 filing freeze is a procedural rule not subject to the Report and Order, which stated that the Creation Act of 2012. notice and comment requirements of the Administrative Procedure Act); Buckeye Commission would publish a document 1 Public Law 112–96, 126 Stat. 156 (2012). Cablevision, Inc. v. United States, 438 F.2d 948, Section 6103 of the Act provides that, not later than 952–53 (6th Cir. 1971). 3 See 5 U.S.C. 553(b)(B), (d)(3).

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in the Federal Register announcing the Total Annual Burden: 20,497 hours. Allotment proponent did at the effective date of these rules and form Total Annual Costs: $90,659,382. allotment stage. If it wishes its changes. Obligation to Respond: Required to previously filed Form 301 application to obtain or retain benefits. The statutory DATES: 47 CFR 73.3573 and FCC Form be considered at this stage, then during authority for this collection of 301, published at 77 FR 2916, January the TQ Window the original Tribal information is contained in Sections 20, 2012, are effective July 2, 2012. Allotment proponent must submit 154(i), 303 and 308 of the notice to process its pending Form 301 FOR FURTHER INFORMATION CONTACT: Communications Act of 1934, as application immediately. Cathy Williams on (202) 418–2918 or amended. If only one acceptable application is via email to: [email protected]. Nature and Extent of Confidentiality: filed during the TQ Window, whether SUPPLEMENTARY INFORMATION: This There is no need for confidentiality with by the original Tribal allotment document announces that, on April 27, this collection of information. proponent submitting notification to 2012, OMB approved, for a period of Privacy Impact Assessment(s): No process its previously filed Form 301, or three years, the information collection impact(s). by another qualified applicant, that requirements contained in the Needs and Uses: On January 28, 2010, application will be promptly processed Commission’s Third Report and Order, the Commission adopted a First Report and the Tribal Allotment will not be FCC 11–190, published at 77 FR 2916, and Order and Further Notice of auctioned. In the event that two or more January 20, 2012. The OMB Control Proposed Rulemaking (‘‘First R&O’’) in acceptable applications are filed during Number is 3060–0027. The Commission MB Docket No. 09–52, FCC 10–24. To the TQ Window, the Commission will publishes this notice as an enhance the ability of federally announce a limited period in which the announcement of the effective date of recognized Native American Tribes to parties may negotiate a settlement or the rule section and form revisions. provide vital radio services to their bona fide merger, as a way of resolving citizens on Tribal lands, in the First Synopsis the mutual exclusivity between their R&O the Commission established a applications. If a settlement or merger is As required by the Paperwork Tribal Priority for use in its radio reached, the parties must notify the Reduction Act of 1995 (44 U.S.C. 3507), licensing procedures. On March 3, 2011, Commission and the staff will process the FCC is notifying the public that it the Commission adopted a Second the surviving application pursuant to received OMB approval on April 27, Report and Order (‘‘Second R&O’’), First the settlement or merger. If a settlement 2012, for the information collection Order on Reconsideration, and Second cannot be reached among the mutually requirements contained in the Further Notice of Proposed Rule Making exclusive applicants, the Tribal Commission’s rule at 47 CFR 73.3573 in MB Docket No. 09–52, FCC 11–28. Allotment will be auctioned during the and form revisions to FCC Form 301. On December 28, 2011, the Commission next scheduled FM auction. At that Under 5 CFR part 1320, an agency adopted a Third Report and Order in time, only the applicants whose may not conduct or sponsor a collection MB Docket No. 09–52, FCC 11–190 applications were accepted for filing of information unless it displays a (‘‘Third R&O’’). In the Third R&O the during the TQ Window, as well as the current, valid OMB Control Number. Commission further refined the use of original Tribal Allotment proponent, No person shall be subject to any the Tribal Priority in the commercial will be permitted to bid on that penalty for failing to comply with a FM context, specifically adopting a particular Tribal Allotment. This closed collection of information subject to the ‘‘threshold qualifications’’ approach to group of mutually exclusive TQ Paperwork Reduction Act that does not commercial FM application processing. Window applicants must comply with display a current, valid OMB Control In the commercial FM context, the applicable established auction Number. The OMB Control Number is Tribal Priority is applied at the procedures. 3060–0027. allotment stage of the licensing process. In the event that no qualifying party The foregoing notice is required by A Tribe or Tribal entity initiates the applies during the TQ Window, and the the Paperwork Reduction Act of 1995, process by petitioning that a new Tribal original Tribal allotment proponent Pub. L. 104–13, October 1, 1995, and 44 Allotment be added to the FM Table of requests that its pending Form 301 U.S.C. 3507. Allotments using the Tribal Priority. A application not be immediately The total annual reporting burdens petitioner seeking to add a Tribal processed, the Tribal Allotment will be and costs for the respondents are as Allotment to the FM Table of placed in a queue to be auctioned in the follows: Allotments, like all other FM allotment normal course for vacant FM allotments. OMB Control Number: 3060–0027. proponents, must file FCC Form 301 When the Tribal Allotment is offered at Title: Application for Construction when submitting its Petition for Rule auction for the first time, only Permit for Commercial Broadcast Making. Under the new ‘‘threshold applicants meeting the ‘‘threshold Station, FCC Form 301. qualification’’ procedures adopted in qualifications’’ may specify that Form Number: FCC Form 301. the Third R&O, once a Tribal Allotment OMB Approval Date: April 27, 2012. particular Tribal Allotment on FCC OMB Expiration Date: April 30, 2015. has been successfully added to the FM Form 175, Application to Participate in Type of Review: Revision of a Table of Allotments using the Tribal an FCC Auction (OMB Control No. currently approved collection. Priority through an FM allocations 3060–0600). Should no qualifying party Respondents: Business and other for- rulemaking, the Commission will apply to bid or qualify to bid on a Tribal profit entities; Not for profit entities; announce by Public Notice a Threshold Allotment in the first auction in which State, local or Tribal governments. Qualifications Window (‘‘TQ it is offered, then the Tribal allotment Number of Respondents and Window’’). During the TQ Window, any will be offered in a subsequent auction Responses: 4,604 respondents and 8,040 Tribe or Tribal entity that could qualify and any applicant, whether or not a responses. to add that particular Tribal Allotment Tribal entity, may apply for the Tribal Estimated Time per Response: 1–6.25 may file an FCC Form 301 application Allotment. hours. for that Tribal Allotment. Such an Consistent with actions taken by the Frequency of Response: On occasion applicant must demonstrate that it Commission in the Third R&O, Form reporting requirement; Third party meets all of the eligibility criteria for the 301 has been revised to accommodate disclosure requirement. Tribal Priority, just as the original Tribal applicants applying in a TQ Window for

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a Tribal Allotment. As noted above, an Atmospheric Administration (NOAA), 2012, through March 6, 2012; 12.2 applicant applying in the TQ Window, Commerce. percent of the quota was landed from who was not the original proponent of ACTION: Temporary rule; fishery closure. March 7, 2012, through March 28, 2012; the Tribal Allotment at the rulemaking 5.7 percent was landed from March 29, stage, must demonstrate that it would SUMMARY: NMFS is closing the 2012, through April 17, 2012; and 71.1 have qualified in all respects to add the commercial fishery for porbeagle sharks. percent of the quota was landed from particular Tribal Allotment for which it This action is necessary because April 18, 2012, through May 17, 2012. is applying. Form 301 contains a new landings for the 2012 fishing season The fishery has reached 93.3 percent of question in Section II—Legal titled have reached at least 80 percent of the the quota, which exceeds the 80 percent ‘‘Tribal Priority-Threshold available quota. limit specified in the regulations. Qualifications.’’ An applicant answering DATES: The commercial porbeagle shark Accordingly, NMFS is closing the ‘‘yes’’ to the question must provide an fishery is closed effective 11:30 p.m. commercial porbeagle shark fishery as Exhibit demonstrating that it meets all local time May 30, 2012, until, and if, of 11:30 p.m. local time May 30, 2012. of the Tribal Priority eligibility criteria. NMFS announces in the Federal This closure does not affect any other The Instructions for the Form 301 have Register that additional quota is shark fishery. been revised to assist applicants with available and the season is reopened. During the closure, retention of completing the responsive Exhibit. FOR FURTHER INFORMATION CONTACT: porbeagle sharks is prohibited for In addition, Form 301 contains a new Karyl Brewster-Geisz or Peter Cooper, persons fishing aboard vessels issued a option under Section I—General 301–427–8503; 301–713–1917. commercial shark limited access permit Information—Application Purpose, SUPPLEMENTARY INFORMATION: The under 50 CFR 635.4, unless the vessel titled ‘‘New Station with Petition for Atlantic shark fisheries are managed is properly permitted to operate as a Rulemaking to Amend FM Table of under the 2006 Consolidated Atlantic charter vessel or headboat for HMS and Allotments using Tribal Priority.’’ A Highly Migratory Species (HMS) Fishery is engaged in a for-hire trip, in which petitioner seeking to add a Tribal Management Plan (FMP), its case the recreational retention limits for Allotment to the FM Table of amendments, and its implementing sharks and ‘‘no sale’’ provisions apply Allotments must file Form 301 when regulations found at 50 CFR part 635 (50 CFR 635.22(a) and (c)). A shark submitting its Petition for Rule Making. issued under authority of the dealer issued a permit pursuant to This new Application Purpose field will Magnuson-Stevens Fishery § 635.4 may not purchase or receive assist the staff in quickly identifying Conservation and Management Act (16 porbeagle sharks from a vessel issued an Form 301 applications filed in U.S.C. 1801 et seq.). Atlantic shark limited access permit connection with a petition to add a Under § 635.5(b)(1), shark dealers are (LAP), except that a permitted shark Tribal Allotment and initiating the required to report to NMFS all sharks dealer or processor may possess ‘‘threshold qualification’’ procedures. landed every two weeks. Dealer reports porbeagle sharks that were harvested, This information collection is being for fish received between the 1st and off-loaded, and sold, traded, or bartered, revised to accommodate applicants 15th of any month must be received by prior to the effective date of the closure applying in a Threshold Qualifications NMFS by the 25th of that month. Dealer and were held in storage. Under this Window for a Tribal Allotment that had reports for fish received between the closure, a shark dealer issued a permit been added to the FM Table of 16th and the end of any month must be pursuant to § 635.4 may, in accordance Allotments using the Tribal Priority received by NMFS by the 10th of the with state regulations, purchase or under the new ‘‘threshold following month. Under § 635.28(b)(2), receive a porbeagle sharks if the sharks qualifications’’ procedures adopted in when NMFS projects that fishing season were harvested, off-loaded, and sold, the Third R&O. landings for a species group have traded, or bartered from a vessel that OMB approved the information reached or are about to reach 80 percent fishes only in state waters and that has collection requirements and form of the available quota, NMFS will file not been issued an Atlantic Shark LAP, revisions for this collection on April 27, for publication with the Office of the HMS Angling permit, or HMS Charter/ 2012. Federal Register a closure action for that Headboat permit pursuant to § 635.4. Federal Communications Commission. shark species group that will be Classification Bulah P. Wheeler, effective no fewer than 5 days from the Deputy Manager, Office of the Secretary, date of filing. From the effective date Pursuant to 5 U.S.C. 553(b)(B), the Office of Managing Director. and time of the closure until NMFS Assistant Administrator for Fisheries, [FR Doc. 2012–13130 Filed 5–30–12; 8:45 am] announces in the Federal Register that NOAA (AA), finds that providing for BILLING CODE 6712–01–P additional quota is available and the prior notice and public comment for season is reopened, the fishery for that this action is impracticable and contrary species group is closed, even across to the public interest because the fishery DEPARTMENT OF COMMERCE fishing years. is currently underway, and any delay in On January 24, 2012 (77 FR 3393), this action would cause overharvest of National Oceanic and Atmospheric NMFS announced that the porbeagle the quota and be inconsistent with Administration shark fishery for the 2012 fishing year management requirements and was open and the available porbeagle objectives. If the quota is exceeded, the 50 CFR Part 635 shark quota was 0.7 metric tons (mt) affected public is likely to experience dressed weight (dw) (1,585 lb dw). reductions in the available quota and a RIN 0648–XC044 Dealer reports through May 17, 2012, lack of fishing opportunities in future Atlantic Highly Migratory Species; indicate that 0.67 mt dw or 93.3 percent seasons. For these reasons, the AA also Commercial Porbeagle Shark Fishery of the available quota for porbeagle finds good cause to waive the 30-day Closure sharks has been landed. Dealer reports delay in effective date pursuant to 5 received to date indicate that 4.3 U.S.C. 553 (d)(3). This action is required AGENCY: National Marine Fisheries percent of the quota was landed from under § 635.28(b)(2) and is exempt from Service (NMFS), National Oceanic and the opening of the fishery on January 24, review under Executive Order 12866.

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