Supporting Statement OMB 3060-0645 December 2017

Supporting Statement OMB 3060-0645 December 2017.doc

Sections 17.4, 17.48 and 17.49, Antenna Structure Registration Requirements

OMB: 3060-0645

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Sections 17.4, 17.48 and 17.49, Antenna 3060--0645

Structure Registration Requirements April 2018



SUPPORTING STATEMENT


A. Justification:


1. The Commission is requesting an extension of this information collection. The Commission is updating the number of respondents, responses, and burden hours for this collection.


In 2014, the Commission adopted a Report and Order (Order) in WT Docket No. 10-88, FCC 14-117 revising the Commission’s rules governing the construction, marking and lighting of antenna structures. The Commission initiated this proceeding to update and modernize the Commission’s rules.


The Commission is requesting continuing approval from the Office of Management and Budget (OMB) for the disclosure, reporting, and record keeping requirements pertaining to Part 17 of the Commission’s rules. To clarify the obligations of antenna structure owners and conform the Commission’s regulations to the Federal Aviation Administration’s (FAA) practice, the Commission adopted changes to certain sections of the Commission’s Part 17 rules. These changes were intended both to promote aircraft navigation safety and to ease regulatory burdens by streamlining regulations and reducing confusion. The collection requirements contained in the Part 17 amendments are necessary to implement a uniform registration process as well as safe and effective lighting procedures for owners of antenna structures. The following are the information collection requirements:


• 17.4(f) - Antenna structure owners are required to provide tenant licensees with a copy of the antenna structure registration by providing either a copy or a link to the FCC antenna structure registration website. This notification may be done electronically or via paper mail.


• 17.4(g) - Antenna structure owners are required to display the Antenna Structure Registration Number so that it is conspicuously visible and legible from the publicly accessible area nearest the base of the antenna structure along the publicly accessible roadway or path. In addition, where an antenna structure is surrounded by a perimeter fence, or where the point of access includes an access gate, the Antenna Structure Registration Number should be posted on the perimeter fence or access gate. Further, where multiple antenna structures having separate Antenna Structure Registration Numbers are located within a single fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or access gate and near the base of each antenna structure. If the base of the antenna structure has more than one point of access, the Antenna Structure Registration Number must be posted so that it is visible at the publicly accessible area nearest each such point of access.


• 17.48(a) - Section 17.48(a) requires that antenna structure owners immediately report outages of top steady burning lights or flashing antenna structure lights to the FAA, if not corrected within 30 minutes. Upon receipt of the outage notification, the FAA will issue a Notice to Airmen (NOTAM), which notifies aircraft of the outage. Consistent with FAA requirements, if a lighting outage cannot be repaired within the FAA’s original NOTAM period, Section 17.48(a) further requires the antenna structure owner to notify the FAA of that fact. In addition, 17.48(a) provides that the antenna structure owner must provide any needed updates to its estimated return-to-service date to the FAA and continue to provide these updates every NOTAM period until the antenna structure’s lights are repaired.


• 17.49 - Section 17.49 requires antenna structure owners to maintain a record of observed or otherwise known extinguishments or improper functioning of structure lights for two years and provide the records to the Commission upon request.


Statutory authority for this information collection is contained in Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.


This collection of information does not affect individuals or households; thus, there are no impacts under the Privacy Act. However, respondents may request materials or information submitted to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission’s rules.


2. The information is used by the Commission during investigations related to air safety or radio frequency interference, as well as by the Commission, the FAA, and members of the public to ensure aircraft navigation safety when lighting is observed to be malfunctioning or extinguished. A registration number is issued to identify antenna structure owners to enforce Congressionally mandated provisions related to the owners. The Commission finds that these collections are necessary to effectuate the obligations of antenna structure owners, ensure aircraft navigation safety when lighting is observed to be malfunctioning or extinguished, and eliminate unnecessary postings.


3. These are disclosure, notification, and record keeping requirements. The use of information technology is feasible for notification and record keeping in this situation.


4. This agency does not impose a similar information collection on the respondents. There is no similar data available.


5. In conformance with the Paperwork Reduction Act of 1995, the Commission is trying to minimize the burden on all respondents, regardless of size. The Commission has limited the information requirements to those necessary to preserve aircraft navigation safety, while reducing the burden on small entities. The Commission believes whatever burdens small entities may incur in complying with these requirements are warranted by the overall benefit to the public from increased aircraft navigation safety as well as to antenna structure owners by overall streamlining of regulations.


6. The information is collected only when structure lights function improperly and when Antenna Structure Registration numbers are assigned. Less frequent submissions are not possible.


7. There are no special circumstances associated with this collection of information. Current data collection is consistent with 5 CFR 1320.


8. The Commission initiated a 60-day public comment period which appeared in the Federal Register on January 30, 2018 (83 FR 4202). No comments were received as a result of the notice.


9. Respondents will not receive any payments associated with this collection of information.


10. There is no need for confidentiality with this information collection.

11. There are no private matters or questions of a sensitive nature with this collection.


12. There are four (4) parts to this collection: Part A covers the provision of copies of the antenna structure registration to tenant licensees and permittees; Part B covers the ASR number display; Part C covers the outage notice; and Part D covers the record retention.


Part A: 17.4(f) - ASR copies to licensees and permittees.


We estimate that each year on average 15,000 Form 854R antenna registration forms will be filed. Copies of each filed form would be required to then be sent, likely by email, to each tenant licensee or permittee on the registered tower, on average approximately 8 tenant licensees and permittees. It is estimated that a secretary would spend six minutes (.1 hours) per Form 854R to complete this task.


Total Number of Annual Respondents: 16,000


16,000 Tower Owners = 16,000 Annual Respondents.


Total Number of Annual Responses: 120,000


15,000 Form 854Rs filed x 8 tenants (licensees and permittees) to be notified = 120,000 Annual Responses.


Total Annual Burden Hours: 12,000 hrs.


120,000 Responses x .1 hrs/response = 12,000 Annual Burden Hours.



Total Annual “In-House” Cost for Part A: $144,000

We assume that a secretary, at $12 an hour, will provide copies of each Form 854R to the appropriate tenants.

120,000 Responses x .1 hrs/Form 854R x $12.00/hr.=$144,000


Part B: 17.4(g) - ASR Number Display.


Section 17.4(g) generally requires antenna structure owners to display the Antenna Structure Registration Number so it is conspicuously visible and legible from the publicly accessible area nearest the base of the antenna structure along the publicly accessible roadway or path. Where multiple antenna structures having separate Antenna Structure Registration Numbers are located within a single fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or access gate and near the base of each antenna structure. Also, if the base of the antenna structure has more than one point of access, the Antenna Structure Registration Number must be posted so that it is visible at the publicly accessible area nearest each such point of access. Multiple postings apply only to a percentage of structures that acquire additional points of access. All new towers are required to post at a first location, and we estimate that 10% of new towers will be required to post at a second location, and that 10% of those will be required to post at a third location. The percentage of new towers required to post at 4 or more locations will be nominal. We also estimate that approximately 1% of existing structures in any given year will require posting at an additional point of access.


We estimate that there are currently approximately 16,000 tower owners that own 123,500 constructed towers. There are also approximately 15,000 licensed unconstructed towers. These unconstructed towers were included in the previous collection submission out of an abundance of caution. However, after 3 years it is clear that the vast majority of these towers never will be constructed and are simply potential towers that were never withdrawn from our database. The number of these towers that will become subject to this collection will be nominal.


Over the 3 years of this collection, we estimate that there will be an additional 3,500 towers constructed/registered per year. Therefore, on average, there would be approximately 130,500 towers that would be subject to this collection. Out of the 3,500 new towers during the first year, all would be required to post at a first location, and we estimate that 10% would be required to post at a second location, 1% would be required to post at third location and 1% of the total towers (127,000) would be required to post at an additional access point for a total of 5,155 responses. In the second year, 3,500 would be required to post at a first location, 10% of those would be required to post at a second location, 1% of that number would be required to post at a third location, and 1% of all towers (130,500) would be required to post at an additional access point for a total of 5,190 responses. Finally, during the third year 3,500 would be required to post at a first location, 10% of those 3,500 new towers would be required to post at a second location, 1% of that number would be required to post at a third location, and 1% of all towers (134,000) would be required to post at an additional access point for a total of 5,225 responses. Therefore, there would be approximately 134,000 towers that would be subject to this collection at the end of the 3-year period.


Therefore, over the 3 years of this collection, we estimate that there will be, on average, approximately 130,500 towers and 5,190 responses pertaining to this collection. We also estimate that reporting will require 0.2 hours for each occurrence. The Commission expects that the tower owners will post the display(s) using an in-house staff technician at $20 an hour.



Total Number of Annual Respondents: 16,000


16,000 Tower Owners = 16,000 Annual Respondents.


Total Number of Annual Responses: 5,190


3,500 new towers posting at a first location + ((3,500 new towers) x .1 (10% of new towers posting at a second location)) + ((3,500 new towers) x .01 (1% of towers requiring a posting at a third location)) + ((130,500 towers) x .01 (1% of towers requiring a posting at an additional point of access)) x 1 display each =


3,500 new towers + (3,500 new towers x .1) + (3,500 new towers x .01) + (130,500 towers x .01) x 1 display each =


(3,500 towers) + (350 towers) + (35 towers) + (1,305 towers) x 1 display each = 5,190 Annual Responses.


Total Annual Burden Hours: 1,038 hrs.


5,190 Responses x 1 display each x .2 hrs/response = 1,038 Annual Burden Hours.



Total Annual “In-House” Cost for Part B: $20,760

We assume that the tower owners will post the display(s) using in-house staff technician at $20 an hour.

5,190 Responses x 1 display each x .2 hrs/response x $20.00/hr.=$20,760



Part C 17.48(a) - Outage Notice.


We estimate that there are currently approximately 16,000 tower owners that own 123,500 constructed towers. Over the 3 years of this collection, we estimate that there will be an additional 3,500 towers constructed per year. Therefore, on average, there would be approximately 130,500 towers that would be subject to this collection. We estimate that 10% of the towers will have malfunctioning lights that would require FAA notification. We also estimate that 10% of the malfunctions requiring FAA notification will require a second FAA notification, and that 10% of those will require a third notification. The percentage of respondents required to notify 4 or more times for a single malfunction will be nominal. Therefore, we estimate that there will be 14,486 responses for this collection. We also estimate that reporting will require 0.1 hours for each occurrence.


Total Number of Annual Respondents: 1,600


16,000 tower owners x .10 (percentage of towers that will have malfunctioning lights that would require notification) = 1,600 Annual Respondents.


Total Number of Annual Responses: 14,486


(130,500 towers x .10 (percentage of towers that will have malfunctioning lights that would require notification)) + (130,500 towers x .01 (percentage of towers that will have malfunctioning lights that would require a second notification)) + (130,500 towers x .001 (percentage of towers that will have malfunctioning lights that would require a third notification)) = (13,050+ 1,305+ 131) = 14,486 Annual Responses.


Total Annual Burden Hours: 1,449 hrs.


14,486 Responses x 0.1 hr./response = 1,449 Annual Burden Hours.



Total Annual “In-House” Cost for Part C: $17,383

We assume that the tower owners will send the notification(s) using an in-house staff secretary at $12 an hour.

14,486 Responses x 0.1 hr./response x $12.00/hr.=$17,383


Part D 17.49 – Record Retention.


We estimate that there are currently approximately 16,000 tower owners that own 123,500 constructed towers. Therefore, there would be approximately 16,000 tower owners that would be subject to this collection. Over the 3 years of this collection, we also estimate that there will be an additional 3,500 towers constructed per year. Therefore, on average, there would be approximately 130,500 towers that will be subject to this collection, and as noted above in part C, we estimate that there will be 14,486 annual outages requiring notification that are subject to this collection. We also estimate that ensuring record retention compliance will require .25 hours per outage notification.


Total Number of Annual Respondents: 16,000


16,000 tower owners = 16,000 Annual Respondents.


Total Number of Annual Responses: 14,486


(130,500 towers x .10 (percentage of towers that will have malfunctioning lights that would require notification)) + (130,500 towers x .01 (percentage of towers that will have malfunctioning lights that would require a second notification)) + (130,500 towers x .001 (percentage of towers that will have malfunctioning lights that would require a third notification)) = (13,050+ 1,305+ 131) = 14,486 Annual Responses.


Total Annual Burden Hours: 3,622 hrs.


14,486 towers x 1 annual record x .25 hrs./notification = 3,622 Annual Burden Hours.



Total Annual “In-House” Cost for Part D: $43,458

We assume that the tower owner will ensure record retention compliance by using an in-house staff secretary at $12 an hour.

14,486 towers x 1 annual record x .25 hrs./notification x $12.00/hr.= $43,458

____________________________________________________________________


Total Number of Annual Respondents for the entire collection: 16,000


Total Number of Annual Responses for the entire collection: Part A (120,000) + Part B (5,190) + Part C (14,486) + Part D (14,486) = 154,162


Total Number of Annual Burden Hours for the entire collection: Part A (12,000) + Part B (1,038) + Part C (1,449) + Part D (3,622) = 18,109


Total Annual “In-House” Cost for the entire collection: Part A ($144,000) + Part B ($20,760) + Part C ($17,383) + Part D ($43,458) = $225,601


13. Estimated annual cost to respondents:


Part A: 17.4(f) - ASR copies to licensees and permittees.


(a) Total Annualized Capital/Startup Cost: None


(b) Total annual costs (O&M): None


(c) Total annualized cost requested: None


There will be no annualized costs incurred by the respondents from part A of the collection.


Part B:17.4(g) - ASR Number Display.


(a) Total Annualized Capital/Startup Cost: $51,900.


Capital/Startup Cost: 5,190 (Average Number of Annual Responses) x 1 display each x $10/display frame and hardware to post = $51,900.


(b) Total annual costs (O&M): None


(c) Total annualized cost requested: $51,900



Part C: 17.48(a) - Continuous Outage Notice.


(a) Total Annualized Capital/Startup Cost: None


(b) Total annual costs (O&M): None


(c) Total annualized cost requested: None


There will be no annualized costs incurred by the respondents from part C of the collection.


Part D: 17.49 – Two Year Record Retention.


(a) Total Annualized Capital/Startup Cost: None


(b) Total annual costs (O&M): None


  1. Total annualized cost requested: None


There will be no annualized costs incurred by the respondents from part D of the collection.

____________________________________________________________________


Total Number of Annualized Capital/Startup Costs Requested for the entire collection: Part A ($0) + Part B ($51,900) + Part C ($0) + Part D ($0) = $51,900.


Total Number of Annual Costs (O&M) Requested for the entire collection: Part A ($0) + Part B ($0) + Part C ($0) + Part D ($0) = $0.


Total Number of Annualized Cost Requested for the entire collection: Part A ($0) + Part B ($51,900) + Part C ($0) + Part D ($0) = $51,900.


14. There are no costs to the Federal Government because:  (1) the third-party disclosure is between the antenna structure owner and tenant licensees; (2) posting the registration number near the antenna structure is done by the antenna structure owner and involves no federal cost; (3) notification of lighting outages to the FAA is done by the antenna structure owner and results in FAA, not FCC, action; and (4) reporting lighting outages in the antenna structure owner's records in and of itself requires no federal action. Disclosures will not be actively monitored in the absence of consumer complaints.


15. This is an extension of a currently approved collection which includes the following changes:

a. An adjustment of -4,000 respondents, from 20,000 to 16,000.

b. An adjustment of -320,972 responses, from 475,134 to 154,162.

c. An adjustment of -32,089 annual burden hours for this collection, from 50,198 to 18,109.

d. An adjustment of -12,480 annualized costs to the respondents, from $64,380 to $51,900.


16. The data will not be published for statistical use.


17. The Commission seeks OMB approval to not display the expiration date for OMB approval of the information collection. We will use an edition date in lieu of an OMB expiration date. This will alleviate the Commission staff from having to update the OMB expiration date every time this is re-submitted to the OMB. Finally, the Commission displays the OMB expiration date, OMB Control Number, and Title of all OMB-approved information collections in 47 CFR 0.408.


18. There are no exceptions to the “Certification Statement.”


B. Collections of Information Employing Statistical Methods:


No statistical methods are employed.

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File Typeapplication/msword
File Title3060-0999
AuthorCindy.Morvant
Last Modified BySYSTEM
File Modified2018-04-12
File Created2018-04-12

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