[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Proposed Rules]
[Pages 21613-21614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10815]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[DA 09-904; WT Docket No. 08-61, WT Docket No. 03-187]
Petition for Expedited Rulemaking and Other Relief on Behalf of
American Bird Conservancy, Defenders of Wildlife and National Audubon
Society
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, comment is sought on a petition for
Expedited Rulemaking and Other Relief on Behalf of American Bird
Conservancy, Defenders of Wildlife and National Audubon Society
(Petitioners). Petitioners request that the Commission adopt new rules
on an expedited basis to comply with the National Environmental Policy
Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird
Treaty Act (MBTA), and their implementing regulations, and to carry out
the mandate of the U.S. Court of Appeals for the District of Columbia
Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC
Cir. 2008).
DATES: Interested parties may file comments on or before May 29, 2009,
and reply comments on or before June 15, 2009.
ADDRESSES: You may submit comments, identified by WT Docket No. 08-61
and WT Docket 03-187, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Aaron Goldschmidt, Spectrum and
Competition Policy Division, Wireless Telecommunications Bureau at
(202) 418-7146 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public
notice released on April 29, 2009. The full text of the public notice
is available for public inspection and copying during business hours in
the FCC Reference Information Center, Portals II, 445 12th Street, SW.,
Room CY-A257, Washington, DC 20554. It also may be purchased from the
Commission's duplicating contractor at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554; the contractor's Web site,
http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202)
488-5563, or e-mail [email protected]. Copies of the public notice also
may be obtained via the Commission's Electronic Comment Filing System
(ECFS) by entering the docket number, WT Docket No. 08-61 or WT Docket
No. 03-187. Additionally, the complete item is available on the Federal
Communications Commission's Web site at http://www.fcc.gov.
On April 14, 2009, American Bird Conservancy, Defenders of Wildlife
and National Audubon Society (Petitioners) filed a petition requesting
that the Federal Communications Commission (Commission) adopt new rules
on an expedited basis to comply with the National Environmental Policy
Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird
Treaty Act (MBTA), and their implementing regulations, and to carry out
the mandate of the U.S. Court of Appeals for the District of Columbia
Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC
Cir. 2008).\1\
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\1\ In the Matter of Amendment of Part 1 of the Commission's
Rules Regarding Environmental Compliance Procedures for Processing
Antenna Structure Registration Applications, WT Docket No. 08-61,
filed April 14, 2009 (Petition).
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Specifically, Petitioners request that the FCC undertake the
following actions: Amend the Commission's regulations that implement
NEPA, ``consistent with Council on Environmental Quality regulations
and guidance,'' to ``cure deficiencies'' and to ensure that only
Commission actions that have no significant environmental effects
individually or cumulatively are categorically excluded; Prepare a
programmatic environmental impact statement addressing the
environmental consequences of its Antenna Structure Registration (ASR)
program on migratory birds, their habitats, and the environment;
Promulgate rules to clarify the roles, responsibilities and obligations
of the Commission, applicants, and non-federal representatives in
complying with the ESA; Consult with the U.S. Fish and Wildlife Service
on the ASR program regarding all effects of towers and antenna
structures on endangered and threatened species; and complete the
proposed rulemaking in WT Docket No. 03-187 to adopt measures to reduce
migratory bird deaths in compliance with the MBTA.\2\
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\2\ Petition at iv-v.
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Procedural Matters: This proceeding has been designated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules.\3\ Parties making oral ex parte presentations in this
proceeding are reminded that memoranda summarizing the presentation
must contain the presentation's substance and not merely list the
subjects discussed.\4\ More than a one- or two-sentence description of
the views and arguments presented is generally required.\5\
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\3\ See 47 CFR 1.1200(a), 1.1206.
\4\ See Commission Emphasizes the Public's Responsibilities in
Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945
(2000).
\5\ See 47 CFR 1.1206(b)(2). Other rules pertaining to oral and
written presentations are also set forth in 1.1206(b). See 47 CFR
1.1206(b).
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Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415 and 1.419, interested parties may file comments on or
before May 29, 2009 and reply comments on or before June 15, 2009.
Comments may be filed using: (1) The Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).
Electronic Filers: Comments may be filed electronically using the
Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/or the
Federal eRulemaking Portal: http://www.regulations.gov. Filers should
follow the instructions
[[Page 21614]]
provided on the Web site for submitting comments.
For ECFS filers, if multiple docket or rulemaking numbers appear in
the caption of this proceeding, filers must transmit one electronic
copy of the comments for each docket or rulemaking number referenced in
the caption. In completing the transmittal screen, filers should
include their full name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to [email protected], and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be
addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Parties shall send one copy of their comments and reply comments to
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room
CY-B402, Washington, DC 20554, (800) 378-3160, e-mail [email protected].
Comments filed in response to this document will be available for
public inspection and copying during business hours in the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554, and via the Commission's Electronic
Comment Filing System (ECFS) by entering the docket number, WT Docket
No. 08-165. The comments may also be purchased from Best Copy and
Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, or
e-mail [email protected].
Federal Communications Commission.
James D. Schlichting,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. E9-10815 Filed 5-7-09; 8:45 am]
BILLING CODE P