Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 18679 

We welcome any other comments you 

have about Federal review of child 

welfare programs, including the current 

CFSR process. 

Additional Consultation 

Opportunities: In addition to this 

opportunity to comment, CB plans to 

hold four in-person consultations in 

ACF Regions III, VI, VIII and IX and two 

meetings in our offices in Washington, 

DC. 

CB invites State representatives, 

Tribal leaders and/or their 

representatives, judges, families and 

youth served by the child welfare 

system and other interested 

stakeholders to attend these in-person 

meetings or call in via the conference 

call number to provide their input on 

the questions raised above. Registration 

for the meetings and calls must be 

completed in advance per the details 

below. You may also provide written 

comments as noted in the ADDRESSES

section, regardless of participation in an 

in-person session or conference call. 

Finally, please note that Federal 

representatives attending the 

consultation sessions will not be able to 

respond directly during the session to 

the concerns or questions raised by 

participants. The consultation sessions 

and contact information are listed 

below: 

CB meeting/conference call–1: April 26, 

2011, 12–2 EDT. 

CB meeting/conference call–2: May 3, 

2011, 1–3 EDT. 

Register for the meeting/call of your 

choice by sending an e-mail to: 

cw@jbsinternational.com to register. 

Region III—April 20, 2011, 10:00–12:00 

EDT 

150 S. Independence Mall West, Suite 

864, Philadelphia, PA 19106–3499, 

Please send an e-mail to: 

cw@jbsinternational.com to register. 

Region VI—April 18, 2011, 10:00–12:00 

CDT 

1301 Young Street, Room 1119, Dallas, 

TX 75202, Please send an e-mail to: 

cw@jbsinternational.com to register. 

Region VIII—April 27, 2011, 10:00– 

12:00 MDT 

999 18th Street, South Terrace, Suite 

499, Denver, CO 80202, Please send 

an e-mail to: cw@jbsinternational.com 

to register. 

Region IX—April 20, 2011, 10:30–12:30 

PDT 

90 7th Street, 9th Floor, San Francisco, 

CA 94103, Please send an e-mail to: 

cw@jbsinternational.com to register. 

The Children’s Bureau is also hosting 

Tribal Roundtables for Tribal leaders 

and/or their representatives. The dates 

of these sessions are listed below: 

August 2–3 in Oklahoma City, 

Oklahoma; 

August 16–17 in Seattle, Washington; 

September 13–14 in Minneapolis, 

Minnesota. 

A portion of the agenda for these 

roundtables will be set aside to discuss 

Federal monitoring of child and family 

services programs under titles IV–B and 

IV–E. The Children’s Bureau will send 

information directly to Tribal leaders 

regarding attendance at these 

roundtables. 

Dated: March 31, 2011. 

Bryan Samuels, 

Commissioner, Administration on Children, 

Youth and Families. 

[FR Doc. 2011–8044 Filed 4–4–11; 8:45 am] 

BILLING CODE 4184–25–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 17, 22, 24, 25, 27, 80, 

87, and 90 

[WT Docket Nos. 08–61 and 03–187; DA 

11–558] 

Wireless Telecommunications Bureau 

Invites Comment on Draft 

Environmental Notice Requirements 

and Interim Procedures Affecting the 

Antenna Structure Registration 

Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Bureau 

invites comment, pursuant to the rules 

of the Council on Environmental 

Quality (CEQ), on draft rules and 

interim procedures designed to ensure 

that the environmental effects of 

proposed communications towers, 

including their effects on migratory 

birds, are fully considered prior to 

construction. 

DATES: Submit comments on or before 

May 5, 2011. 

ADDRESSES: All filings should refer to 

WT Docket Nos. 08–61 and 03–187. 

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 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet 

by accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

• 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. All filings 

must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 

445 12th St., SW., Room TW–A325, 

Washington, DC 20554. The filing 

hours 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 fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Parties should send a copy of each 

filing to the Spectrum and Competition 

Policy Division, Wireless 

Telecommunications Bureau, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554, or 

by e-mail to mania.baghdadi@fcc.gov. 

Parties shall also serve one copy with 

the Commission’s copy contractor, Best 

Copy and Printing, Inc. (BCPI), Portals 

II, 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (202) 488–5300, 

or via e-mail to fcc@bcpiweb.com. 

Filings and comments will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

They may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., Portals II, 

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18680 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone: (202) 

488–5300, fax: (202) 488–5563, or via email http://www.bcpiweb.com. 

Availability of Documents: Comments 

and ex parte submissions will be 

available for public inspection during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. These documents will also be 

available via ECFS. Documents will be 

available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

FOR FURTHER INFORMATION CONTACT: 

Mania K. Baghdadi, Spectrum and 

Competition Policy Division, Wireless 

Telecommunications Bureau, at (202) 

418–2133 or by e-mail: 

mania.baghdadi@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice in WT Docket Nos. 08–61 and 

03–187; DA 11–558, released on March 

25, 2011. In this document, the Bureau 

invites comment, pursuant to the rules 

of the Council on Environmental 

Quality (CEQ), on draft rules and 

interim procedures designed to ensure 

that the environmental effects of 

proposed communications towers, 

including their effects on migratory 

birds, are fully considered prior to 

construction. These draft rules and 

procedures are intended to further the 

Commission’s implementation of the 

National Environmental Policy Act 

(NEPA) while preserving the ability of 

communications providers rapidly to 

offer innovative and valuable services to 

the public. 

Under CEQ’s rules, before adopting 

procedures implementing NEPA an 

agency must publish its draft 

procedures in the Federal Register for 

comment, and CEQ must determine that 

the procedures conform with NEPA and 

CEQ’s regulations. The Bureau issues 

this document in order to seek public 

comment in compliance with those 

requirements. 

The draft rules and procedures 

respond to the decision of the Court of 

Appeals for the District of Columbia 

Circuit in American Bird Conservancy v. 

FCC. In American Bird Conservancy, the 

court held that the Commission’s 

current antenna structure registration 

(ASR) procedures impermissibly fail to 

offer members of the public a 

meaningful opportunity to request an 

Environmental Assessment (EA) for 

proposed towers that the Commission 

considers categorically excluded from 

review under NEPA. The notification 

process included within the draft rules 

would address that holding of the court. 

The draft procedures also include 

provisions consistent with a 

Memorandum of Understanding among 

representatives of communications 

providers, tower companies, and 

conservation groups. 

Under the draft rules and procedures 

attached to this document: 

• Prior to the filing of an ASR 

application for a new antenna structure, 

members of the public would be given 

an opportunity to comment on the 

environmental effects of the proposed 

construction. The applicant would 

provide notice of the proposal to the 

local community, and the Commission 

would post information about the 

proposal on its Web site. Commission 

staff would consider any comments 

received from the public to determine 

whether an EA is required for the tower. 

• EAs for those registered towers that 

require EAs would be filed and 

considered by the Commission prior to 

the filing of an ASR application. Those 

EAs are currently filed at the same time 

as either the ASR application or a 

service-specific license or permit 

application. 

• On an interim basis pending 

completion of the ongoing 

programmatic environmental analysis of 

the ASR program, an EA would be 

required to be filed for each proposed 

registered tower more than 450 feet in 

height to address its potential impact on 

migratory birds. Staff would review the 

EA to determine whether the tower 

would have a significant environmental 

impact. 

Ex Parte Presentations. This 

proceeding shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented is generally 

required. Other requirements pertaining 

to oral and written presentations are set 

forth in § 1.1206(b) of the Commission’s 

rules. 

List of Subjects 

47 CFR Part 1 

Administrative practice and 

procedure, Communications common 

carriers, Environmental impact 

statements, Federal buildings and 

facilities, Radio, Reporting and 

recordkeeping requirements, Satellites, 

and Telecommunications. 

47 CFR Part 17 

Aviation safety, Communications 

equipment, and Reporting and 

recordkeeping requirements. 

47 CFR Part 22 

Communications common carriers, 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirements, and Rural areas. 

47 CRF Part 24 

Administrative practice and 

procedure, Communications common 

carriers, Communications equipment, 

Radio, Reporting and recordkeeping 

requirements, and Telecommunications. 

47 CFR Part 25 

Communications common carriers, 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirements, Satellites, Securities, and 

Telecommunications. 

47 CFR Part 27 

Communications common carriers 

and Radio. 

47 CFR Part 80 

Communications equipment, Great 

Lakes, Marine safety, Radio, Reporting 

and recordkeeping requirements, 

Telegraph, Telephone, and Vessels. 

47 CFR Part 87 

Air transportation, Communications 

equipment, Defense communications, 

Radio, and Reporting and recordkeeping 

requirements. 

47 CFR Part 90 

Administrative practice and 

procedure, Common carriers, 

Communications equipment, Radio, and 

Reporting and recordkeeping 

requirements. 

Federal Communications Commission 

Ruth Milkman, 

Chief. Wireless Telecommunications Bureau. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 1, 17, 22, 24, 25, 27, 80, 87, and 

90 as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

1. The authority citation for part 1 

continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 303(r), and 

309. 

2. Section 1.61 is amended by revising 

paragraph (a)(2) to read as follows: 

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§ 1.61 Procedures for handling 

applications requiring special aeronautical 

study. 

(a) * * * 

(2) In accordance with § 1.1307 and 

§ 17.4(c) of this chapter, the Bureau will 

address any environmental concerns 

prior to processing the registration. 

* * * * * 

3. Section 1.923 is amended by 

revising paragraphs (d) and (e) to read 

as follows: 

§ 1.923 Content of applications. 

* * * * * 

(d) Antenna Structure Registration. 

Owners of certain antenna structures 

must notify the Federal Aviation 

Administration and register with the 

Commission as required by part 17 of 

this chapter. Applications proposing the 

use of one or more new or existing 

antenna structures must contain the 

FCC Antenna Structure Registration 

Number(s) of each structure for which 

registration is required. To facilitate 

frequency coordination or for other 

purposes, the Bureau shall accept for 

filing an application that does not 

contain the FCC Antenna Structure 

Registration Number so long as; 

(1) The antenna structure owner has 

filed an antenna structure registration 

application (FCC Form 854); 

(2) The antenna structure owner has 

provided local notice and the 

Commission has posted notification of 

the proposed construction on its Web 

site pursuant to § 17.4(c)(3) and (4) of 

this chapter; and 

(3) The antenna structure owner has 

obtained a Determination of No Hazard 

to Aircraft Navigation from the Federal 

Aviation Administration. In such 

instances, the applicant shall provide 

the FCC Form 854 File Number on its 

application. Once the antenna structure 

owner has obtained the Antenna 

Structure Registration Number, the 

applicant shall amend its application to 

provide the Antenna Structure 

Registration Number, and the 

Commission shall not grant the 

application before the Antenna 

Structure Registration Number has been 

provided. If registration is not required, 

the applicant must provide information 

in its application sufficient for the 

Commission to verify this fact. 

(e) Environmental Concerns. 

(1) Environmental processing shall be 

completed pursuant to the process set 

forth in § 17.4(c) of this chapter for any 

facilities that use one or more new or 

existing antenna structures for which a 

new or amended registration is required 

by part 17 of this chapter. 

Environmental review by the 

Commission must be completed prior to 

construction. 

(2) For applications that propose any 

facilities that are not subject to the 

process set forth in § 17.4(c) of this 

chapter, the applicant is required to 

indicate at the time its application is 

filed whether or not a Commission grant 

of the application for those facilities 

may have a significant environmental 

effect as defined by § 1.1307. If the 

applicant answers affirmatively, an 

Environmental Assessment, required by 

§ 1.1311, must be filed with the 

application and environmental review 

by the Commission must be completed 

prior to construction. 

* * * * * 

4. Section 1.929 is amended by 

revising paragraph (a)(4) to read as 

follows: 

§ 1.929 Classification of filings as major or 

minor. 

* * * * * 

(a) * * * 

(4) Application or amendment 

requesting authorization for a facility 

that may have a significant 

environmental effect as defined in 

§ 1.1307, unless the facility has been 

determined not to have a significant 

environmental effect through the 

process set forth in § 17.4(c) of this 

chapter. 

* * * * * 

5. Section 1.934 is amended by 

adding paragraph (g) to read as follows: 

§ 1.934 Defective applications and 

dismissal. 

* * * * * 

(g) Dismissal for failure to pursue 

environmental review. The Commission 

may dismiss license applications (FCC 

Form 601) associated with proposed 

antenna structure(s) subject to § 17.4(c) 

of this chapter, if pending more than 60 

days and awaiting submission of an 

Environmental Assessment or other 

environmental information from the 

applicant, unless the applicant has 

provided an affirmative statement 

reflecting active pursuit during the 

previous 60 days of environmental 

review for the proposed antenna 

structure(s). To avoid potential 

dismissal of its license application, the 

license applicant must provide updates 

every 60 days unless or until the 

applicant has submitted the material 

requested by the Bureau. 

6. Section 1.1307 is amended by 

adding a note to paragraph (d) to read 

as follows: 

§ 1.1307 Actions that may have a 

significant environmental effect, for which 

Environmental Assessments (EAs) must be 

prepared. 

* * * * * 

(d) * * * 

Note to paragraph (d). Pending a final 

determination as to what, if any, permanent 

measures should be adopted specifically for 

the protection of migratory birds, the Bureau 

shall require an Environmental Assessment 

for an otherwise categorically excluded 

action involving a new or existing antenna 

structure, for which an antenna structure 

registration application (FCC Form 854) is 

required under part 17 of this chapter, if the 

proposed antenna structure will be more than 

450 feet in height above ground level (AGL) 

and involves either: (1) Construction of a new 

antenna structure; (2) modification or 

replacement of an existing antenna structure 

involving a substantial increase in size as 

defined in Section I(C)(1)–(3) of Appendix B 

to Part 1 of this chapter; or (3) addition of 

lighting or adoption of a less preferred FAA 

Lighting Style as defined in § 17.4(c)(1)(C) of 

this chapter. The Bureau shall consider 

whether to require an EA for other antenna 

structures subject to § 17.4(c) of this chapter 

in accordance with § 17.4(c)(8) of this 

chapter. An Environmental Assessment 

required pursuant to this note will be subject 

to the same procedures that apply to any 

Environmental Assessment required for a 

proposed tower or modification of an existing 

tower for which an antenna structure 

registration application (FCC Form 854) is 

required, as set forth in § 17.4(c) of this 

chapter. 

PART 17—CONSTRUCTION, 

MARKING, AND LIGHTING OF 

ANTENNA STRUCTURES 

7. The authority citation for part 17 

continues to read as follows: 

Authority: Secs. 4, 303, 48 Stat. 1066, 

1082, as amended; 47 U.S.C. 154, 303, 

Interpret or apply secs. 301, 309, 48 Stat. 

1081, 1085, as amended; 47 U.S.C. 301, 309. 

8. Section 17.4 is amended by revising 

paragraph (c) to read as follows: 

§ 17.4 Antenna structure registration. 

* * * * * 

(c) Each prospective applicant must 

complete the environmental notification 

process described in this paragraph, 

except as specified in paragraph (c)(1) of 

this section. 

(1) Exceptions from the environmental 

notification process. Completion of the 

environmental notification process is 

not required when FCC Form 854 is 

submitted solely for the following 

purposes: 

(i) For notification only, such as to 

report a change in ownership or contact 

information, or the dismantlement of an 

antenna structure; 

(ii) For a reduction in height of an 

antenna structure or an increase in 

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height that does not constitute a 

substantial increase in size as defined in 

Section I(C)(1)–(3) of Appendix B to part 

1 of this chapter, provided that there is 

no construction or excavation more than 

30 feet beyond the existing antenna 

structure property; 

(iii) For removal of lighting from an 

antenna structure or adoption of a more 

preferred FAA Lighting Style. For this 

purpose FAA Lighting Styles are ranked 

as follows (with the most preferred 

lighting style listed first and the least 

preferred listed last): FAA Style B (L– 

856), FAA Style D (L–865), FAA Style 

E (L–864/L–865/L–810), FAA Style C 

(L–856/L–865), FAA Style F (L–856 

Day/L–864 Night and L–810) and FAA 

Style A (L–864/L–810). A complete 

description of each FAA Style and the 

manner in which it is to be deployed 

can be found at FAA, U.S. Dept. of 

Transportation, Advisory Circular: 

Obstruction Marking and Lighting, AC 

70/7460–1K (Feb. 1, 2007); 

(iv) For replacement of an existing 

antenna structure at the same 

geographic location that does not 

require an Environmental Assessment 

(EA) under § 1.1307(a) through (d) of 

this chapter, provided the new structure 

will not use lights if the previous 

structure was unlighted, the new 

structure will not use a less preferred 

FAA Lighting Style, there will be no 

substantial increase in size as defined in 

Section I(C)(1)–(3) of Appendix B to part 

1 of this chapter, and there will be no 

construction or excavation more than 30 

feet beyond the existing antenna 

structure property; 

(v) For any other change that does not 

alter the physical structure, lighting, or 

geographic location of an existing 

structure; or 

(vi) For construction, modification, or 

replacement of an antenna structure on 

Federal land where another Federal 

agency has assumed responsibility for 

evaluating the potentially significant 

environmental effect of the proposed 

antenna structure on the quality of the 

human environment and for invoking 

any required environmental impact 

statement process, or for any other 

structure where another Federal agency 

has assumed such responsibilities 

pursuant to a written agreement with 

the Commission. See § 1.1311(e) of this 

chapter. 

(2) Commencement of the 

environmental notification process. The 

prospective applicant shall commence 

the environmental notification process 

by filing information about the proposed 

antenna structure with the Commission. 

This information shall include, at a 

minimum, all of the information 

required on FCC Form 854 regarding 

ownership and contact information, 

geographic location, and height, as well 

as the type of structure and anticipated 

lighting. The Wireless 

Telecommunications Bureau may utilize 

a partially completed FCC Form 854 to 

collect this information. 

(3) Local notice. The prospective 

applicant must provide local notice of 

the proposed new antenna structure or 

modification of an existing antenna 

structure through publication in a 

newspaper of general circulation or 

other appropriate means, such as 

through the public notification 

provisions of the relevant local zoning 

process. The local notice shall contain 

all of the descriptive information as to 

geographic location, configuration, 

height and anticipated lighting 

specifications reflected in the 

submission required pursuant to 

paragraph (c)(2) of this section. It must 

also provide information as to the 

procedure for interested persons to file 

Requests for environmental processing 

pursuant to §§ 1.1307(c) and 1.1313(b) 

of this chapter, including any assigned 

file number. 

(4) National notice. On or after the 

local notice date provided by the 

prospective applicant, the Commission 

shall post notification of the proposed 

construction on its Web site. This 

posting shall include the information 

contained in the initial filing with the 

Commission or a link to such 

information. The posting shall remain 

on the Commission’s Web site for a 

period of 30 days. 

(5) Requests for environmental 

processing. Any Request filed by an 

interested person pursuant to 

§§ 1.1307(c) and 1.1313(b) of this 

chapter must be received by the 

Commission no later than 30 days after 

the proposed antenna structure goes on 

notice pursuant to paragraph (c)(4) of 

this section. The Wireless 

Telecommunications Bureau shall 

establish by public notice the process 

for filing Requests for environmental 

processing and responsive pleadings 

consistent with the following 

provisions. 

(1) Service and pleading cycle. The 

interested person or entity shall serve a 

copy of its Request on the prospective 

ASR applicant pursuant to § 1.47 of this 

chapter. Oppositions may be filed no 

later than 10 days after the time for 

filing Requests has expired. Replies to 

oppositions may be filed no later than 

5 days after the time for filing 

oppositions has expired. Oppositions 

shall be served upon the Requester, and 

replies shall be served upon the 

prospective applicant. 

(2) Content. An Environmental 

Request must state why the interested 

person or entity believes that the 

proposed antenna structure or physical 

modification of an existing antenna 

structure may have a significant impact 

on the quality of the human 

environment for which an 

Environmental Assessment must be 

considered by the Commission as 

required by § 1.1307 of this chapter, or 

why an Environmental Assessment 

submitted by the prospective ASR 

applicant does not adequately evaluate 

the potentially significant 

environmental effects of the proposal. 

The Request must be submitted as a 

written petition filed either 

electronically or by hard copy setting 

forth in detail the reasons supporting 

Requester’s contentions. 

(6) Amendments. The prospective 

applicant must file an amendment to 

report any substantial change in the 

information provided to the 

Commission. An amendment will not 

require further local or national notice 

if the only reported change is a 

reduction in the height of the proposed 

new or modified antenna structure; if 

proposed lighting is removed or 

changed to a more preferred FAA 

Lighting Style as set forth in paragraph 

(c)(1)(iii) of this section; or if the 

amendment reports only administrative 

changes that are not subject to the 

requirements specified in this 

paragraph. All other changes to the 

physical structure, lighting, or 

geographic location data for a proposed 

registered antenna structure require 

additional local and national notice and 

a new period for filing Requests 

pursuant to paragraphs (c)(3), (c)(4), and 

(c)(5) of this section. 

(7) Environmental Assessments. If an 

Environmental Assessment (EA) is 

required under § 1.1307 of this chapter, 

the antenna structure registration 

applicant shall attach the EA to its 

environmental submission, regardless of 

any requirement that the EA also be 

attached to an associated servicespecific license or construction permit 

application. The EA may be provided 

either with the initial environmental 

submission or as an amendment. If the 

EA is submitted as an amendment, the 

Commission shall post notification on 

its Web site for another 30 days 

pursuant to paragraph (c)(4) of this 

section and accept additional Requests 

pursuant to paragraph (c)(5) of this 

section. However, additional local 

notice pursuant to paragraph (c)(3) of 

this section shall not be required unless 

information has changed pursuant to 

paragraph (c)(6) of this section. The 

applicant shall serve a copy of the EA 

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Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 18683 

upon any party that has previously filed 

a Request pursuant to paragraph (c)(5) of 

this section. 

(8) Disposition. The processing 

Bureau shall resolve all environmental 

issues before the tower owner, or the 

first tenant licensee acting on behalf of 

the owner, may complete the antenna 

structure registration application. In a 

case where no EA is submitted, the 

Bureau shall notify the applicant 

whether an EA is required under 

§ 1.1307(c) or (d) of this chapter. In a 

case where an EA is submitted, the 

Bureau shall either grant a Finding of 

No Significant Impact (FONSI) or notify 

the applicant that the proposal may 

have a significant environmental impact 

and further environmental processing is 

required pursuant to § 1.1308 of this 

chapter. Upon filing the completed 

antenna structure registration 

application, the applicant shall certify 

that the construction will not have a 

significant environmental impact, 

unless an Environmental Impact 

Statement is prepared pursuant to 

§ 1.1314 of this chapter. 

(9) Transition rule. An antenna 

structure registration application that is 

pending with the Commission as of 

[EFFECTIVE DATE OF FINAL RULE] 

shall not be required to complete the 

environmental notification process set 

forth in this paragraph. However, if such 

an application is amended in a manner 

that would require additional notice 

pursuant to paragraph (c)(6) of this 

section, then such notice shall be 

required. 

* * * * * 

PART 22—PUBLIC MOBILE SERVICES 

9. The authority citation for part 22 

continues to read as follows: 

Authority: 47 U.S.C. 154, 222, 303, 309 and 

332. 

10. Section 22.143 is amended by 

revising paragraph (d)(4) to read as 

follows: 

§ 22.143 Construction prior to grant of 

application. 

* * * * * 

(d) * * * 

(4) For any construction or alteration 

that would exceed the requirements of 

§ 17.7 of this chapter, the licensee has 

notified the appropriate Regional Office 

of the Federal Aviation Administration 

(FAA Form 7460–1), secured a valid 

FAA determination of ‘‘no hazard,’’ and 

received antenna height clearance and 

obstruction marking and lighting 

specifications (FCC Form 854R) from 

the FCC for the proposed construction 

or alteration. 

* * * * * 

PART 24—PERSONAL 

COMMUNICATION SERVICES 

11. The authority citation for part 24 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

309 and 332. 

12. Section 24.2 is amended by 

revising paragraphs (b) and (f) to read as 

follows: 

§ 24.2 Other applicable rule parts. 

* * * * * 

(b) Part 1. This part includes rules of 

practice and procedure for license 

applications, adjudicatory proceedings, 

procedures for reconsideration and 

review of the Commission’s actions; 

provisions concerning violation notices 

and forfeiture proceedings; and the 

environmental requirements that, 

together with the procedures specified 

in § 17.4(c) of this chapter, if applicable, 

must be complied with prior to the 

initiation of construction. Subpart F 

includes the rules for the Wireless 

Telecommunications Services and the 

procedures for filing electronically via 

the ULS. 

* * * * * 

(f) Part 17. This part contains 

requirements for the construction, 

marking and lighting of antenna towers, 

and the environmental notification 

process that must be completed before 

filing certain antenna structure 

registration applications. 

* * * * * 

PART 25—SATELLITE 

COMMUNICATIONS 

13. The authority citation for part 25 

continues to read as follows: 

Authority: 47 U.S.C. 701–744. Interprets or 

applies Sections 4, 301, 302, 303, 307, 309, 

and 332 of the Communications Act, as 

amended, 47 U.S.C. Sections 154, 301, 302, 

303, 307, 309, and 332, unless otherwise 

noted. 

14. Section 25.113 is amended by 

revising paragraph (a) to read as follows: 

§ 25.113 Station licenses and launch 

authority 

(a) Construction permits are not 

required for satellite earth stations. 

Construction of such stations may 

commence prior to grant of a license at 

the applicant’s own risk. Applicants 

must comply with the provisions of 47 

CFR 1.1312 relating to environmental 

processing prior to commencing 

construction. Applicants filing 

applications that propose the use of one 

or more new or existing antenna 

structures requiring registration under 

part 17 of this chapter must also comply 

with any applicable environmental 

notification process specified in 

§ 17.4(c) of this chapter. 

* * * * * 

15. Section 25.115 is amended by 

revising paragraph (c)(2)(vi)(A)(4) to 

read as follows: 

§ 25.115 Applications for earth station 

authorizations. 

* * * * * 

(c) * * * 

(2) * * * 

(vi) * * * 

(A) * * * 

(4) The applicant has determined that 

the facility(ies) will not significantly 

affect the environment as defined in 

§ 1.1307 of this chapter after complying 

with any applicable environmental 

notification procedures specified in 

§ 17.4(c) of this chapter. 

* * * * * 

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATION 

SERVICES 

16. The authority citation for part 27 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 332, 336 and 337 unless otherwise 

noted. 

17. Section 27.3 is amended by 

revising paragraphs (b) and (f) to read as 

follows: 

§ 27.3 Other applicable rule parts. 

* * * * * 

(b) Part 1. This part includes rules of 

practice and procedure for license 

applications, adjudicatory proceedings, 

procedures for reconsideration and 

review of the Commission’s actions; 

provisions concerning violation notices 

and forfeiture proceedings; competitive 

bidding procedures; and the 

environmental requirements that, 

together with the procedures specified 

in § 17.4(c) of this chapter, if applicable, 

must be complied with prior to the 

initiation of construction. Subpart F 

includes the rules for the Wireless 

Telecommunications Services and the 

procedures for filing electronically via 

the ULS. 

* * * * * 

(f) Part 17. This part contains 

requirements for the construction, 

marking and lighting of antenna towers, 

and the environmental notification 

process that must be completed before 

filing certain antenna structure 

registration applications. 

* * * * * 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

18. The authority citation for part 80 

continues to read as follows: 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

18684 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 

Authority: Secs. 4, 303, 307(e), 309, and 

332, 48 Stat. 1066, 1082, as amended; 47 

U.S.C. 154, 303, 307(e), 309, and 332, unless 

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 

4726, 12 UST 2377. 

19. Section 80.3 is amended by 

revising paragraphs (b) and (e) to read 

as follows: 

§ 80.3 Other applicable rule parts of this 

chapter. 

* * * * * 

(b) Part 1. This part includes rules of 

practice and procedure for license 

applications, adjudicatory proceedings, 

procedures for reconsideration and 

review of the Commission’s actions; 

provisions concerning violation notices 

and forfeiture proceedings; and the 

environmental processing requirements 

that, together with the procedures 

specified in § 17.4(c) of this chapter, if 

applicable, must be complied with prior 

to the initiation of construction. Subpart 

Q of part 1 contains rules governing 

competitive bidding procedures for 

resolving mutually exclusive 

applications for certain initial licenses. 

* * * * * 

(e) Part 17. This part contains 

requirements for the construction, 

marking and lighting of antenna towers, 

and the environmental notification 

process that must be completed before 

filing certain antenna structure 

registration applications. 

* * * * * 

PART 87—AVIATION SERVICES 

20. The authority citation for part 87 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, and 307(e), 

unless otherwise noted. 

21. Section 87.3 is amended by 

revising paragraphs (b) and (e) to read 

as follows: 

§ 87.3 Other applicable rule parts. 

* * * * * 

(b) Part 1 contains rules of practice 

and procedure for license applications, 

adjudicatory proceedings, rule making 

proceedings, procedures for 

reconsideration and review of the 

Commission’s actions; provisions 

concerning violation notices and 

forfeiture proceedings; and the 

environmental processing requirements 

that, together with the procedures 

specified in § 17.4(c) of this chapter, if 

applicable, must be complied with prior 

to the initiation of construction. 

* * * * * 

(e) Part 17 contains requirements for 

construction, marking and lighting of 

antenna towers, and the environmental 

notification process that must be 

completed before filing certain antenna 

structure registration applications. 

* * * * * 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

22. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r), 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7). 

23. Section 90.5 is amended by 

revising paragraphs (b) and (f) to read as 

follows: 

§ 90.5 Other applicable rule parts. 

* * * * * 

(b) Part 1 includes rules of practice 

and procedure for the filing of 

applications for stations to operate in 

the Wireless Telecommunications 

Services, adjudicatory proceedings 

including hearing proceedings, and rule 

making proceedings; procedures for 

reconsideration and review of the 

Commission’s actions; provisions 

concerning violation notices and 

forfeiture proceedings; and the 

environmental processing requirements 

that, together with the procedures 

specified in § 17.4(c) of this chapter, if 

applicable, must be complied with prior 

to initiating construction. 

* * * * * 

(f) Part 17 contains requirements for 

construction, marking and lighting of 

antenna towers, and the environmental 

notification process that must be 

completed before filing certain antenna 

structure registration applications. 

* * * * * 

24. Section 90.129 is amended by 

revising paragraph (g) to read as follows: 

§ 90.129 Supplemental information to be 

routinely submitted with applications. 

* * * * * 

(g) The environmental assessment 

required by §§ 1.1307 and 1.1311 of this 

chapter, if applicable. If an application 

filed under this part proposes the use of 

one or more new or existing antenna 

structures that require registration under 

part 17 of this chapter, any required 

environmental assessment should be 

submitted pursuant to the process set 

forth in § 17.4(c) of this chapter rather 

than with the application filed under 

this part. 

* * * * * 

[FR Doc. 2011–7785 Filed 4–4–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2011–0016; MO 

92210–0–0008–B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Bearmouth 

Mountainsnail, Byrne Resort 

Mountainsnail, and Meltwater Lednian 

Stonefly as Endangered or Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12-month finding on a petition to list 

the Bearmouth mountainsnail 

(Oreohelix species 3), Byrne Resort 

mountainsnail (Oreohelix species 31), 

and meltwater lednian stonefly (Lednia 

tumana) as endangered or threatened, 

and to designate critical habitat under 

the Endangered Species Act of 1973, as 

amended (Act). After review of all 

available scientific and commercial 

information, we find that listing the 

Bearmouth mountainsnail and the 

Byrne Resort mountainsnail is not 

warranted because neither constitutes a 

valid taxon; therefore, they are not 

considered to be listable entities under 

the Act. We find that listing of the 

meltwater lednian stonefly is warranted. 

However, currently listing of the 

meltwater lednian stonefly is precluded 

by higher priority actions to amend the 

Lists of Endangered and Threatened 

Wildlife and Plants. Upon publication 

of this 12-month petition finding, we 

will add the meltwater lednian stonefly 

to our candidate species list. We will 

develop a proposed rule to list the 

meltwater lednian stonefly as our 

priorities allow. We will make any 

determination on critical habitat during 

development of the proposed listing 

rule. During any interim period, we will 

address the status of the candidate taxon 

through our annual Candidate Notice of 

Review (CNOR). 

DATES: The finding announced in this 

document was made on April 5, 2011. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

FWS–R6–ES–2011–0016. Supporting 

documentation we used in preparing 

this finding is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, Montana Field 

Office, 585 Shepard Way, Helena, MT 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS