Section 1.1206, Permit-but-Disclose Proceedings

Forms and Documents

Document Name	Status
0430 Ex Parte R&O and FNPRM FRN_050211.pdf Supplementary Document	2011-05-03
0430_Emergency Justification Statement_050311 final.doc Supplementary Document	2011-05-03
0430 OMB Administrator Letter emergency approval_050311 final.doc Supplementary Document	2011-05-03
0430 ss_050311 final.doc Supporting Statement A	2011-05-03

IC Document Collections

IC ID	Document Title	Status
30129	Section 1.1206, Permit-but-Disclose Proceedings	Modified

ICR Details

OMB Control No: 3060-0430	ICR Reference No: 201103-3060-040
Status: Historical Active	Previous ICR Reference No: 200801-3060-006
Agency/Subagency: FCC	Agency Tracking No: OGC
Title: Section 1.1206, Permit-but-Disclose Proceedings
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/17/2011
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/16/2011
	Date Received in OIRA: 05/03/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	6 Months From Approved	05/31/2011
Responses	34,500	0	9,990
Time Burden (Hours)	25,875	0	4,995
Cost Burden (Dollars)	0	0	0

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Abstract: 47 C.F.R. Section 1.1206 requires that parties who make ex parte presentations in "permit-but-disclose" proceedings before the FCC must submit a copy of their presentation to the Office of the FCC Secretary. The availability of the ex parte materials helps to ensure that interested parties/persons have fair notice of presentations made to the Commission and the development of a complete record.

Emergency Justfication: These new and modified ex parte are essential to the procedural fairness and integrity to the Commission's decision making process, and therefore the Commission seeks to implement them as expeditiously as possible. Compliance with the normal clearance procedures set forth in 5 CFR Section 1320 would delay the implementation of these critical due process safeguards. OMB emergency approval is therefore vital to avoid the public harm that will result from applying the normal clearance procedures to the modified ex parte rules.

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Authorizing Statute(s): US Code: 47 USC 154(i) and (j) Name of Law: Communications Law of 1934, as amended
   US Code: 47 USC 303(r) Name of Law: Communications Law of 1934, as amended
   US Code: 47 USC 409 Name of Law: Communications Law of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ39	Final or interim final rulemaking	76 FR 24376	05/02/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Section 1.1206, Permit-but-Disclose Proceedings

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	34,500	9,990	0	24,510	0	0
Annual Time Burden (Hours)	25,875	4,995	0	20,880	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: On February 2, 2011, the Commission released a Report and Order and Further Notice of Proposed Rulemaking, Amendment of the Commission's Ex Parte Rules and Other Procedural Rules, CG Docket No. 10-43, FCC 11-11, which amends and reforms the Commission's rules on ex parte presentations made in the course of Commission rulemakings and other permit-but-disclose proceedings. 47 CFR Section 1206(b)(2).

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Annual Cost to Federal Government: $99,826

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/03/2011

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