30 day Federal Register Notice

0411_30 day FRN_093014.pdf

Procedures for Formal Complaints

30 day Federal Register Notice

OMB: 3060-0411

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices

construction stormwater management;
stormwater management in new
development and redevelopment; and
good housekeeping in municipal
operations. Implementation of the
SWMP involves the identification of
BMPs and measurable goals for BMPs.
The draft permit identifies an objective
for each minimum control measure.
EPA views the MEP standard in the
CWA as an iterative process. MEP
should continually adapt to current
conditions and BMP effectiveness.
Compliance with the requirements of
this general permit will meet the MEP
standard. The iterative process of MEP
consists of a permittee developing a
program consistent with specific permit
requirements, implementing the
program, evaluating the effectiveness of
the BMPs included as part of the
program, then revising those parts of the
program that are not effective at
controlling pollutants, then
implementing the revisions, and
evaluating again. The changes contained
in the draft general permit reflect the
iterative process of MEP. Accordingly,
the draft general permit contains more
specific tasks and details than the 2003
general permit.
Authority: This action is being taken
under the Clean Water Act, 33 U.S.C. 1251
et seq.
Dated: September 23, 2014.
H. Curtis Spalding,
Regional Administrator, Region 1.
[FR Doc. 2014–23262 Filed 9–29–14; 8:45 am]
BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
(OMB)
Federal Communications
Commission (FCC).
ACTION: Notice; request for comments.
AGENCY:

As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3502–
3520), the FCC invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s

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SUMMARY:

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burden estimates; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB Control
Number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
Control Number.
DATES: Written PRA comments should
be submitted on or before October 30,
2014. If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your PRA comments
to Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax
at 202–395–5167, or via the Internet at
[email protected] and
to Leslie F. Smith, Office of Managing
Director (OMD), Federal
Communications Commission (FCC), via
the Internet at [email protected]. To
submit your PRA comments by email,
please send them to: [email protected].
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, Office of Managing
Director (OMD), Federal
Communications Commission (FCC), at
202–418–0217, or via the Internet at:
[email protected].
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0411.
Title: Procedures for Formal
Complaints.
Form Number: FCC Form 485.
Type of Review: Extension of a
currently-approved collection.
Respondents: Individuals or
households, business or other for-profit
entities, not-for-profit institutions,
federal government, and state, local, or
tribal governments.
Number of Respondents and
Responses: 20 respondents; 301
responses.
Estimated Time per Response: 1–60
hours.
Frequency of Response:
Recordkeeping requirement, onoccasion reporting requirement, and
third party disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection

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is contained in 47 U.S.C. 151, 154(i),
154(j), 206, 207, 208, 209, 301, 303, 304,
309, 316, 332, and 1302.
Total Annual Burden: 1,349 hours.
Total Annual Cost: $1,847,900.
Nature and Extent of Confidentiality:
47 CFR Section 1.731 provides for
confidential treatment of materials
disclosed or exchanged during the
course of formal complaint proceedings
when the disclosing party has identified
the materials as proprietary or
confidential. In the rare case in which
a producing party believes that section
1.731 will not provide adequate
protection for its assorted confidential
material, it may request either that the
opposing party consent to greater
protection, or that the staff supervising
the proceeding order greater protection.
Privacy Act Impact Assessment: The
information collection requirements
may affect individuals or households.
As required by the Privacy Act of 1974,
as amended, 5 U.S.C. 552a, and OMB
regulations, M–03–22 (September 22,
2003), the FCC has completed both a
system of records, FCC/EB–5,
‘‘Enforcement Bureau Activity Tracking
System,’’ and a Privacy Impact
Assessment (PIA), to cover the
collection, maintenance, use, and
disposal of all personally identifiable
information (PII) that may be submitted
as part of a formal complaint filed
against a common carrier:
(a) The system of records notice
(SORN), FCC/EB–5, ‘‘Enforcement
Bureau Activity Tracking System
(EBATS),’’ was published in the Federal
Register on December 14, 2010 (75 FR
77872) and became effective on January
24, 2011. It is posted on the FCC’s
Privacy Act Web page at: http://
www.fcc.gov/omd/privacyact/recordssystems.html.
(b) The initial Privacy Impact
Assessment (PIA) was completed on
May 22, 2009. However, with the
approval of the FCC/EB–5, ‘‘EBATS,’’ on
January 24, 2011 and supplementation
expected in Fall 2014, the Commission
is now updating the PIA to include the
information that is contained in this
SORN. Statutory authority for this
information collection is contained in
47 U.S.C. 151, 154(i), 154(j), 206, 207,
208, 209, 301, 303, 304, 309, 316, 332,
and 1302.
Needs and Uses: Sections 206–209 of
the Communications Act of 1934, as
amended (the ‘‘Act’’), provide the
statutory framework for adjudicating
formal complaints against common
carriers. To resolve complaints between
providers regarding compliance with
data roaming obligations, Commission
Rule 20.12(e) adopts by reference the
procedures already in place for

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices
resolving Section 208 formal complaints
against common carriers, except that the
remedy of damages, is not available for
complaints against commercial mobile
data service providers.
Section 208(a) authorizes complaints
by any person ‘‘complaining of anything
done or omitted to be done by any
common carrier’’ subject to the
provisions of the Act.
Section 208(a) states that if a carrier
does not satisfy a complaint or there
appears to be any reasonable ground for
investigating the complaint, the
Commission shall ‘‘investigate the
matters complained of in such manner
and by such means as it shall deem
proper.’’ Certain categories of
complaints are subject to a statutory
deadline for resolution. See, e.g., 47
U.S.C. 208(b)(1) (imposing a five-month
deadline for complaints challenging the
‘‘lawfulness of a charge, classification,
regulation, or practice’’); 47 U.S.C.
271(d)(6) (imposing a 90-day deadline
for complaints alleging that a Bell
Operating Company has ceased to meet
conditions imposed in connection with
approval to provide in-region
interLATA services). Formal complaint
proceedings before the Commission are
similar to civil litigation in federal
district court. In fact, under section 207
of the Act, a party claiming to be
damaged by a common carrier may file
its complaint with the Commission or in
any district court of the United States,
‘‘but such person shall not have the
right to pursue both such remedies’’ (47
U.S.C. 207). The Commission has
promulgated rules (Formal Complaint
Rules) to govern its formal complaint
proceedings that are similar in many
respects to the Federal Rules of Civil
Procedure. See 47 CFR Sections 1.720–
1.736. These rules require the
submission of information from the
parties necessary to create a record on
which the Commission can decide
complex legal and factual issues. As
described in section 1.720 of the rules,
the Commission resolves formal
complaint proceedings on a written
record consisting of a complaint, answer
or response, and joint statement of
stipulated facts, disputed facts and key
legal issues, along with all associated
affidavits, exhibits and other
attachments.
This collection of information
includes the process for submitting a
formal complaint against a common
carrier. The Commission uses this
information to determine the sufficiency
of complaints and to resolve the merits
of disputes between the parties. The
Commission bases its orders in formal
complaint proceedings upon evidence
and argument produced by the parties

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in accordance with the Formal
Complaint Rules. If the information
were not collected, the Commission
would not be able to resolve common
carrier-related complaint proceedings,
as required by section 208 of the Act.
In addition, the Commission has
adopted most of this formal complaint
process to govern data roaming
complaints. Specifically, the
Commission has extended, as
applicable, the procedural rules in the
Commission’s Part I, Subpart E rules, 47
CFR Sections 1.716–1.718, 1.720, 1.721,
and 1.723–1.735, to disputes arising out
of the data roaming rule contained in 47
CFR Section 20.12(e). Therefore, in
addition to being necessary to resolve
common carrier-related complaint
proceedings, this collection of
information is also necessary to resolve
data roaming-related complaint
proceedings.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary, Office of the Managing Director.
[FR Doc. 2014–23268 Filed 9–29–14; 8:45 am]
BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:

As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information

SUMMARY:

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58777

collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written comments should be
submitted on or before October 30,
2014. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contacts below as soon as
possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, OMB, via email
[email protected]; and
to Nicole Ongele, FCC, via email PRA@
fcc.gov and to [email protected].
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) Go to the Web page ,
(2) look for the section of the Web page
called ‘‘Currently Under Review,’’ (3)
click on the downward-pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0770.
Title: Sections 61.49, Price Cap
Performance Review for Local Exchange
Carriers, CC Docket No. 94–1; Fifth
Report and Order, FCC 99–206 (New
Services).
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 13 respondents; 13
responses.
Estimated Time per Response: 10
hours.

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