14362 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

Town of Epes 

Maps are available for inspection at 40 Carrol Street, Epes, AL 35464. 

Town of Gainesville 

Maps are available for inspection at 9380 State Street, Gainesville, AL 35464. 

Unincorporated Areas of Sumter County 

Maps are available for inspection at 318 Washington Street, Livingston, AL 35470. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 7, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–6060 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 09–52; FCC 11–28] 

Policies To Promote Rural Radio 

Service and To Streamline Allotment 

and Assignment Procedures 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission adopted a Second Further 

Notice of Proposed Rulemaking 

(SFNPRM), in which it announced that 

it wished to develop a more 

comprehensive record regarding 

measures to assist Federally recognized 

Native American Tribes and Alaska 

Native Villages (Tribes) in obtaining 

commercial FM radio station 

authorizations. Specifically, the 

Commission sought comment on the use 

of threshold qualifications for Tribes 

applying for commercial FM radio 

channel allotments that were added to 

the Table of Allotments using the Tribal 

Priority adopted by the Commission in 

the First Report and Order (First R&O) 

in this proceeding. The Commission 

also sought further comment on whether 

a Tribal Bidding Credit would 

accomplish the goal of increasing Tribal 

ownership of commercial stations 

broadcasting to Tribal Lands, and 

sought comment on the financial and 

other barriers facing Tribes wishing to 

enter the commercial broadcast arena. 

DATES: Comments may be filed on or 

before April 15, 2011 and reply 

comments may be filed on or before 

May 16, 2011. Written comments on the 

Paperwork Reduction Act proposed 

information collection requirements 

must be submitted by the public, Office 

of Management and Budget (OMB), and 

other interested parties on or before May 

16, 2011. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 09–52, 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. 

• E-mail: ecfs@fcc.gov. Include the 

docket number in the subject line of the 

message. See the SUPPLEMENTARY

INFORMATION section of this document 

for detailed information on how to 

submit comments by e-mail. 

• Mail: 445 12th Street, SW., 

Washington, DC 20554. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

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: 

Peter Doyle, Chief, Media Bureau, 

Audio Division, (202) 418–2700; 

Thomas Nessinger, Attorney-Advisor, 

Media Bureau, Audio Division, (202) 

418–2700. 

For additional information concerning 

the Paperwork Reduction Act 

information collection requirements 

contained in this document, contact 

Cathy Williams at 202–418–2918, or via 

the Internet at Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Further Notice of Proposed Rulemaking, 

FCC 11–28, adopted March 3, 2011, and 

released March 3, 2011. 

Initial Paperwork Reduction Act of 

1995 Analysis 

The SFNPRM contains potential 

information collection requirements 

subject to the PRA, Public Law 104–13. 

OMB, the general public, and other 

Federal agencies are invited to comment 

on the potential new and modified 

information collection requirements 

contained in this SFNPRM. If the 

information collection requirements are 

adopted, the Commission will submit 

the appropriate documents to OMB for 

review under section 3507(d) of the PRA 

and OMB, the general public, and other 

Federal agencies will again be invited to 

comment on the new and modified 

information collection requirements 

adopted by the Commission. 

Public and agency comments on the 

potential proposed information 

collection requirements are due May 16, 

2011. Comments should address: (a) 

Whether the proposed collection of 

information is necessary for the proper 


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performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimates; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) 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. Pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), the FCC seeks specific 

comment on how it might ‘‘further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees.’’ 

In addition to filing comments with 

the Secretary, a copy of any Paperwork 

Reduction Act comments on the 

information collection requirements 

contained herein should be submitted to 

Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street, SW., Washington, 

DC 20554, or via the Internet to 

Cathy.Williams@fcc.gov, and to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), via the 

Internet to 

Nicholas_A._Fraser@omb.eop.gov or by 

fax to 202–395–5167. 

Summary of Second Further Notice of 

Proposed Rule Making 

Recognizing ‘‘the risks inherent in 

applying a section 307(b) preference at 

the allotment stage for auctionable nonreserved band spectrum,’’ (First R&O, 75 

FR 9797, Mar. 4, 2010, FCC 10–24, rel. 

Feb. 23, 2010), the Commission sought 

comment in the Further Notice of 

Proposed Rule Making, 75 FR 9856, 

March 4, 2010, FCC 10–24, rel. Feb. 23, 

2010 (FNPRM), in this proceeding on 

whether to establish an auction bidding 

credit for Tribes seeking to provide 

commercial FM radio service to their 

Tribal Lands and members. The Tribal 

bidding credit was originally proposed 

to mitigate concerns that, due to the 

two-step nature of the commercial FM 

licensing process, Tribes or Tribal 

entities that employ the Tribal Priority 

to obtain FM allotments might be outbid 

by competing, non-Tribal applicants. 

The only (joint) commenters to address 

this issue proposed a 35 percent bidding 

credit that would be available to Tribes 

or Tribal entities that participated in the 

allotment proceeding for the FM 

channel being auctioned, regardless of 

new entrant status. Under this proposal, 

a Tribe or Tribal entity without a 

Commission license also would be 

entitled to an additional 25 percent new 

entrant bidding credit, for a total 

maximum bidding credit of 60 percent. 

The present record is inconclusive as 

to the ultimate effectiveness of Tribal 

bidding credits. Notwithstanding the 

useful input received, the Commission 

was unclear as to whether and how it 

could craft such credits so as to 

meaningfully advance its goals 

consistent with the competitive bidding 

mandate of 47 U.S.C. 309(j). In this 

regard, there is a necessary balance 

between Congress’s directive to design 

competitive bidding systems to recover 

for the public a portion of the value of 

spectrum (see 47 U.S.C. 309(j)(3)(C)), 

which militates in favor of setting the 

credit as low as possible, and the need 

to ensure that Tribes and Tribal entities 

uniquely qualified to serve their 

communities receive licenses to do so, 

which militates in the other direction. 

Most Tribal applicants likely will 

qualify for new entrant bidding credits 

of up to 35 percent under the 

Commission’s current rules (given the 

small number of Tribal-owned stations), 

and the record did not reflect whether 

and, if so, how much more of an 

additional credit would be necessary to 

address the particular bidding 

disadvantages that Tribes face. To the 

extent that such disadvantages are 

substantial, the Commission was 

concerned that even a 60 percent credit 

might not be sufficient to ensure 

realization of its policy goals in 

establishing the Tribal Priority. 

On further consideration, the 

Commission believed an alternative 

approach might be more effective to 

achieve its policy goals and would be 

more consistent with its statutory 

mandate to license spectrum in the 

public interest. The Commission thus 

sought comment on whether to require, 

as a threshold qualification to apply for 

a commercial FM channel allotted 

pursuant to the Tribal Priority, that 

applicants qualify for a Tribal Priority 

for the channel. This proposed 

requirement would be similar to 

procedures used for certain vacant FM 

allotments reserved for noncommercial 

educational (NCE) use. Under those 

procedures, which are intended to 

safeguard the policy objectives of the 

channel reservation process (namely, to 

add new NCE stations where listeners 

receive limited or no NCE service), 

applicants for a reserved channel must 

make a showing at the application stage 

similar to that required of channel 

reservation proponents at the allotment 

stage. Likewise, under the proposed 

approach here, a Tribe or Tribal entity 

applying for an FM channel allotted 

based on the Tribal Priority would be 

required to establish at the application 

stage its qualifications to provide the 

service for which the channel was 

specifically allotted. 

The Commission believes the 

proposed threshold qualifications 

would be more effective than Tribal 

bidding credits in advancing the Tribal 

Priority’s goals. As set forth in the First 

R&O, the Priority is premised on the 

unique ability of Tribes and Tribal 

entities to serve their Tribal 

communities ‘‘[b]ecause of their status 

as sovereign nations responsible for, 

among other things, ‘maintaining and 

sustaining their sacred histories, 

languages, and traditions.’ ’’ (First R&O, 

25 FCC Rcd at 1587–88). As the 

Commission previously noted, the 

identity of the service provider to Tribal 

areas is critical to Tribal Priority-based 

allocations. Whereas in AM and NCE 

radio services the Tribal Priority 

generally operates as a dispositive 

preference in the application process, 

guaranteeing that a qualified applicant 

will obtain the license, commercial FM 

licensing is a two-step process in which 

a dispositive preference at the initial, 

allotment stage does not guarantee the 

grant of a license in the second, 

application step. An unavoidable 

consequence of the auctions process is 

that Tribes and Tribal entities uniquely 

qualified to serve their communities 

may be outbid in the commercial FM 

application process by non-Tribal 

applicants that file mutually exclusive 

applications. At best, Tribal bidding 

credits can mitigate this concern by 

boosting the competitive position of 

Tribal applicants. They cannot, 

however, eliminate the risk of qualified 

Tribal applicants being outbid, thereby 

frustrating the Commission’s goals in 

allocating the channel pursuant to the 

Tribal Priority. In contrast, the proposed 

threshold qualification requirement 

would ensure that only a Tribe or Tribal 

entity qualified to provide the unique 

service contemplated by the allocation 

is eligible for the license to provide that 

service. Such an approach would set the 

commercial FM service on the same 

footing as other radio services with 

regard to the Tribal Priority, and avoid 

undermining the Commission’s policy 

goals in establishing the Tribal Priority. 

The Commission further believes the 

proposed threshold qualifications 

would be consistent with its statutory 

mandate under 47 U.S.C. 309(j)(6)(E), 

which provides, in pertinent part, that 

‘‘[n]othing in this subsection, or in the 

use of competitive bidding, shall * * * 

be construed to relieve the Commission 

of the obligation in the public interest 

to continue to use * * * threshold 

qualifications * * * in order to avoid 

mutual exclusivity in application and 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
14364 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 

licensing proceedings.’’ The 

Commission believes the use of 

threshold qualifications would serve the 

public interest because the premise of 

the Tribal Priority is a Tribe’s or Tribal 

entity’s unique ability to serve the needs 

and interests of its local community. 

That premise distinguishes the proposal 

here from the grant of bidding credits to 

an FM applicant who successfully 

petitions for the allotment of a channel 

being auctioned, a proposal that the 

Commission rejected in 1998 as 

analogous to the pioneer preferences 

that Congress has specifically 

eliminated. The threshold qualification 

would be based on the Tribe’s or Tribal 

entity’s ability to fulfill the purpose for 

which the channel was allotted under 

the Tribal Priority, rather than on its 

participation in the allotment 

proceeding. Thus, eligible Tribes or 

Tribal entities may be eligible to apply 

for a channel allotted pursuant to the 

Tribal Priority even if they did not 

petition for the allotment. To the extent 

that mutually exclusive applications 

may still be filed under the proposed 

threshold qualifications approach, thus 

requiring competitive bidding, the 

bidders would be limited to qualified 

Tribes and Tribal entities, so the 

Commission’s policy goals would not be 

frustrated. The Commission also asked 

whether to adopt an exception to the 

general prohibition of collusion set forth 

in 47 CFR 1.2105(c) applicable to 

mutually exclusive applications in the 

commercial FM broadcast service, so 

that Tribes or Tribal entities that file 

mutually exclusive applications for a 

channel allotted pursuant to the Tribal 

Priority have an opportunity to resolve 

any mutual exclusivities through 

engineering solutions or settlement. 

The Commission seeks comment on 

the foregoing threshold qualifications 

proposal, the issues related to it that are 

discussed above, and on any and all 

additional issues that commenters 

believe it may raise. In particular, the 

Commission invites comment from the 

Tribal community on its potential utility 

in ensuring realization of the goals 

underlying the Tribal Priority. In the 

event no applicant meets the threshold 

qualifications for the Tribal allotment in 

a filing window, the Commission seeks 

comment on whether it should routinely 

include such allotments in subsequent 

windows. The Commission also seeks 

comment on when it should permit nonTribal applicants to seek construction 

permits through the auctions process for 

allotments for which potential Tribal 

applicants have not expressed an 

interest. The Commission also invites 

further comment on Tribal bidding 

credits, on which issue it found the 

record to be inconclusive. The 

Commission welcomes additional input 

from commenters addressing the record 

deficiencies on this issue, such as 

evidence as to the particular bidding 

disadvantages that Tribes may face visa`-vis non-Tribal bidders for broadcast 

radio licenses, as well as the capital 

requirements of Tribes and Tribalowned entities to provide commercial 

FM service to Tribal lands. The 

Commission strongly encourages 

qualified Tribes and Tribal entities to 

take advantage of the Tribal Priority by 

filing rulemaking petitions for 

commercial FM allotments. With regard 

to the commercial FM service, the goals 

of the Tribal Priority can be realized 

only through the filing of such petitions. 

Finally, the Commission seeks comment 

on ways that it could promote a 

commercial Tribal radio service, 

including comment on potential barriers 

that may discourage Tribal participation 

in the auctions and licensing processes. 

Comments and Reply Comments 

Pursuant to 47 CFR 1.415 and 1.419, 

interested parties must file comments 

on or before April 15, 2011, and must 

file reply comments on or before May 

16, 2011. 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. 

Comments may be filed electronically 

using the Internet by accessing the 

ECFS: http://www.fcc.gov/cbg/ecfs, or 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

Web sites 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 

for e-mail comments, commenters 

should send an e-mail to ecfs@fcc.gov, 

and should include the following words 

in the body of the message, ‘‘get form.’’ 

A sample form and directions will be 

sent in response. 

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 (although 

the Commission continues 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 mail, Express 

Mail, and Priority Mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

Contact the FCC to request materials 

in accessible formats (braille, large 

print, electronic files, audio format, etc.) 

by e-mail at FCC504@fcc.gov, or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0531 (voice), 202– 

418–7365 (TTY). 

The full text of the Further Notice of 

Proposed Rulemaking is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Room CY–A257, 

445 12th Street, SW., Washington, DC 

20554. The complete text may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554. The full text 

may also be downloaded at: http:// 

hraunfoss.fcc.gov/edocs_public/ 

attachmatch/FCC–09–30.pdf. 

Alternative formats are available to 

persons with disabilities by contacting 

Martha Contee at (202) 418–0260 or 

TTY (202) 418–2555. 

Ex Parte Rules 

This proceeding will be treated as a 

‘‘permit-but-disclose’’ proceeding subject 

to the ‘‘permit-but-disclose’’ 

requirements under section 1.1206(b) of 

the Commission’s rules (47 CFR 

1.1206(b)). Ex parte presentations are 

permissible if disclosed in accordance 

with Commission rules, except during 

the Sunshine Agenda period when 

presentations, ex parte or otherwise, are 

generally prohibited. Persons making 

oral ex parte presentations are reminded 

that a memorandum summarizing a 


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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 14365 

presentation must contain a summary of 

the substance of the presentation and 

not merely a listing of the subjects 

discussed. More than a one- or twosentence description of the views and 

arguments presented is generally 

required. Additional rules pertaining to 

oral and written presentations are set 

forth in 47 CFR 1.1206(b). 

Initial Regulatory Flexibility Analysis 

The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that a 

regulatory flexibility analysis be 

prepared for notice and comment rule 

making proceedings, unless the agency 

certifies that ‘‘the rule will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small entity’’ 

as having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

In addition, the term ‘‘small business’’ 

has the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A ‘‘small business 

concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

As required by the RFA (5 U.S.C. 

603), the Commission has prepared this 

Initial Regulatory Flexibility Analysis 

(IRFA) of the possible significant 

economic impact on a substantial 

number of small entities by the policies 

and rules proposed in the SFNPRM. 

Written public comments are requested 

on this IRFA. Comments must be 

identified as responses to the IRFA and 

must be filed by the deadlines for 

comments on the SFNPRM provided in 

paragraph 71 of the SFNPRM. The 

Commission will send a copy of this 

entire SFNPRM, including this IRFA, to 

the Chief Counsel for Advocacy of the 

Small Business Administration (SBA). 

In addition, the SFNPRM and the IRFA 

(or summaries thereof) will be 

published in the Federal Register. 

Need for, and Objectives of, the 

Proposed Rules 

This further rulemaking proceeding is 

initiated to obtain further comments 

concerning an alternate proposal to 

assist Tribes seeking to establish new 

commercial FM service to Tribal 

communities. In the FNPRM, the 

Commission proposed an auction 

bidding credit to Tribes and entities 

owned by Tribes. The Commission 

received only one proposal for a 

potential Tribal bidding credit: To grant 

Tribes a 35 percent Tribal Bidding 

Credit (TBC), to be added to any new 

entrant bidding credit for which they 

may qualify, to a maximum of 60 

percent. The Commission believes this 

record is inconclusive to adopt a TBC, 

and believes it is unclear whether and 

how a TBC could be crafted to advance 

the dual goals of increasing Tribal 

ownership of radio facilities and 

maximizing the value of spectrum 

through competitive bidding, as 

mandated by 47 U.S.C. 309(j). On 

further consideration, the Commission 

determined that an alternative approach 

would more effectively achieve the 

policy goals underlying the Tribal 

Priority adopted in the First R&O in this 

proceeding, and be more consistent with 

its statutory mandate (see 47 U.S.C. 

309(j)(6)(e)). 

Specifically, the Commission seeks 

comment on whether to require, as a 

threshold qualification to apply for a 

commercial FM channel allotted 

pursuant to the Tribal Priority, that 

applicants qualify for a Tribal Priority 

for that channel. Such an approach is 

consistent with other procedures used 

by the Commission, such as those used 

to reserve vacant FM allotments for 

noncommercial educational (NCE) use. 

Additionally, while the Tribal Priority 

operates as a dispositive preference in 

the AM commercial and FM NCE 

application contexts, as currently 

formulated the priority is not 

dispositive for FM commercial stations, 

because a Tribe that adds an FM 

allotment using the Tribal Priority may 

still be outbid at auction by a non-Tribal 

applicant. The alternative approach 

proposed by the Commission would 

correct this asymmetry, and would also 

more effectively ensure that FM 

allotments added using the Tribal 

Priority are ultimately licensed to 

Tribes, who would use such FM 

channels for their intended purposes of 

promoting Tribal language, culture, and 

self-government. The Commission 

therefore seeks comment on this 

alternative approach and its potential 

ramifications, including whether nonTribal applicants should be allowed to 

apply for FM allotments added using 

the Tribal Priority, but for which no 

Tribe expresses interest. The 

Commission also seeks additional input 

from commenters on the TBC, and on 

other ways in which the Commission 

could promote commercial Tribal radio 

service, including comment on potential 

barriers that may discourage Tribal 

participation in the broadcast auction 

and licensing processes. 

Legal Basis 

The authority for this proposed 

rulemaking is contained in Sections 1, 

2, 4(i), 303, 307, and 309(j) of the 

Communications Act of 1934, 47 U.S.C. 

151, 152, 154(i), 303, 307, and 309(j). 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rules Will Apply 

The RFA directs the Commission to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that will be affected by the 

proposed rules. The RFA generally 

defines the term ‘‘small entity’’ as 

encompassing the terms ‘‘small 

business,’’ ‘‘small organization,’’ and 

‘‘small governmental entity.’’ In 

addition, the term ‘‘small Business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A small business concern 

is one which: (1) Is independently 

owned and operated; (2) is not 

dominant in its field of operation; and 

(3) satisfies any additional criteria 

established by the SBA. 

Radio Stations 

The proposed rules and policies 

potentially will apply to all AM and FM 

radio broadcasting applicants, and 

proponents for new FM allotments, who 

qualify for the Tribal Priority adopted in 

the First R&O in this proceeding. The 

‘‘Radio Stations’’ Economic Census 

category ‘‘comprises establishments 

primarily engaged in broadcasting aural 

programs by radio to the public. 

Programming may originate in their own 

studio, from an affiliated network, or 

from external sources. The SBA has 

established a small business size 

standard for this category, which is: 

Such firms having $7 million or less in 

annual receipts. According to BIA 

Advisory Services, L.L.C., MEDIA 

Access Pro Database on January 20, 

2011, 10,820 (97%) of 11,127 

commercial radio stations have revenue 

of $7 million or less. Therefore, the 

majority of such entities are small 

entities. We note, however, that in 

assessing whether a business concern 

qualifies as small under the above size 

standard, business affiliations must be 

included. In addition, to be determined 

to be a ‘‘small business,’’ the entity may 

not be dominant in its field of operation. 

We note that it is difficult at times to 

assess these criteria in the context of 

media entities, and our estimate of small 

businesses may therefore be overinclusive. 

Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

The proposed rule and procedural 

changes may, in some cases, impose 

different reporting requirements on 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
14366 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 

potential radio licensees and permittees, 

insofar as they would require or allow 

certain applicants to demonstrate their 

qualifications to apply for an FM 

channel allotted using the Tribal 

Priority. However, the information to be 

filed is already familiar to broadcasters, 

and the information requested to claim 

the Tribal Priority is similar to current 

section 307(b) showings, so any 

additional burdens would be minimal. 

To the extent that other applicants 

would be disadvantaged by Tribes 

qualifying for the Tribal Priority and the 

proposed alternative ‘‘threshold 

qualifications’’ approach, the 

Commission believes that such burdens 

would be offset by the fact that the 

Tribal Priority is designed to redress 

inequities in the number of Tribal radio 

licensees, compared to the population of 

Tribal citizens in the United States and 

the fact that some of these citizens were 

deprived of their original Tribal lands. 

The Tribal Priority, then, not only helps 

the Commission to meet its goals of 

ownership and program diversity, but 

also furthers the Federal government’s 

obligations toward Tribes to assist them 

in promulgating Tribal languages and 

cultures, and to support Tribal selfgovernment. The approach proposed by 

the Commission would also apply only 

to FM allotments added to the Table of 

Allotments using the Tribal Priority, 

and thus would apply only to proposed 

facilities serving primarily Tribal 

communities. Adoption of the threshold 

qualifications approach would thus 

assist Tribes in pursuing commercial 

radio licensing opportunities and would 

enable ownership of facilities added to 

the FM Table of Allotments by Tribes or 

Tribal-owned entities that are charged 

with promoting Tribal self-governance. 

Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities (5 U.S.C. 603(b)). 

In the SFNPRM, the Commission 

seeks to provide additional 

opportunities for participation by Tribes 

seeking commercial radio facilities, 

especially FM commercial stations. The 

Commission seeks comment as to 

whether its goals could be more 

effectively accomplished through the 

use of a ‘‘threshold qualifications’’ 

approach, limiting applications for 

Tribal-priority-added FM allotments to 

those filed by Tribes or Tribal-owned 

entities. The Commission is open to 

consideration of alternatives to the 

proposals under consideration, as set 

forth herein, including but not limited 

to alternatives that will minimize the 

burden on broadcasters, most of whom 

are small businesses. There may be 

unique circumstances these entities may 

face, and we will consider appropriate 

action for small broadcasters when 

preparing a Third Report and Order in 

this matter. 

Federal Rules Which Duplicate, 

Overlap, or Conflict With, the 

Commission’s Proposals 

None. 

This document is available in 

alternative formats (computer diskette, 

large print, audio record, and Braille). 

Persons with disabilities who need 

documents in these formats may request 

them by e-mail at FCC504@fcc.gov, or 

call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (TTY). 

Ordering Clause 

Accordingly, it is ordered, pursuant to 

the authority contained in sections 1, 2, 

4(i), 303, 307, and 309(j) of the 

Communications Act of 1934, 47 U.S.C. 

151, 152, 154(i), 303, 307, and 309(j), 

that this Second Report and Order, First 

Order on Reconsideration, and Second 

Further Notice of Proposed Rule Making 

is adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–6146 Filed 3–15–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 390 and 391 

[Docket No. FMCSA–2008–0363] 

RIN 2126–AA97 

National Registry of Certified Medical 

Examiners 

AGENCY: Federal Motor Carrier Safety 

Administration, Transportation. 

ACTION: Request for public comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Federal Motor Carrier Safety 

Administration (FMCSA) is making 

available for public comment a 

modification of the proposed 

information collection request (ICR) 

related to the notice of proposed 

rulemaking (NPRM) for the National 

Registry of Certified Medical Examiners 

(NRCME) published on December 1, 

2008. In the comments on the NPRM, a 

commenter inquired as to what a motor 

carrier had to do to verify that a medical 

examiner’s certificate had been issued to 

a commercial motor vehicle driver by a 

medical examiner listed on the 

proposed NRCME. In response to this 

and other comments, FMCSA is 

considering whether to require 

employers to verify that the medical 

examiner is listed and to place a record 

of such verification in the driver 

qualification file. This document is to 

inform the public that a modified ICR 

that includes this verification 

requirement under consideration is 

available for public comment. The other 

information collection requirements 

were made available for public 

comments at the same time as the 

NPRM. Therefore, comments will only 

be considered in response to this 

document with respect to the 

information collection aspects of the 

verification requirements under 

consideration by the Agency. Comments 

on the other information collection 

requirements proposed with the NPRM 

will not be considered. 

DATES: Comments and related material 

must be submitted on or before May 16, 

2011. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2008–0363 using any one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 


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