Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules 18137 

1 Implementation of Section 309(j) of the 

Communications Act—Competitive Bidding 

Procedures for Commercial Broadcast and 

Instructional Television Fixed Television Service 

Licenses, MM Docket No. 97–234, First Report and 

Order, 13 FCC Rcd 15920, 15984–85 para. 164 

(1998) (Broadcast Competitive Bidding First Report 

and Order). 

2 47 CFR 1.2107(c). The Commission adopted 

section 1.2107(c) before the Balanced Budget Act of 

1997 extended the Commission’s competitive 

bidding authority under Section 309(j) of the 

Communications Act of 1934 to mutually exclusive 

applications for construction permits or licenses in 

broadcast services. See Balanced Budget Act of 

1997, Public Law 105–33, Title III, 111 Stat. 251 

(1997). 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of Norwood PCBs Superfund 

Site without prior Notice of Intent to 

Delete because we view this as a 

noncontroversial revision and anticipate 

no adverse comment. We have 

explained our reasons for this deletion 

in the preamble to the direct final 

Notice of Deletion, and those reasons 

are incorporated herein. If we receive no 

adverse comment(s) on this deletion 

action, we will not take further action 

on this Notice of Intent to Delete. If we 

receive adverse comment(s), we will 

withdraw the direct final Notice of 

Deletion, and it will not take effect. We 

will, as appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: March 17, 2011. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2011–7776 Filed 3–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[GEN Docket No. 86–285; FCC 11–27] 

Amendment of the Schedule of 

Application Fees 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the 

Commission seeks comments to clarify 

the rules on the payment of filing fees 

by winning bidders in auctions of 

construction permits in the broadcast 

services in conjunction with their longform applications. 

DATES: Comments are due April 18, 

2011, and reply comments are due May 

2, 2011. 

ADDRESSES: You may submit comments, 

identified by GEN Docket No. 86–285, 

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 GEN 

Docket No. 86–285 in the subject line of 

the message. 

• Mail: 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 

should be addressed to 445 12th Street, 

SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Roland Helvajian, Office of Managing 

Director at (202) 418–0444. 

SUPPLEMENTARY INFORMATION: 

1. By this Notice of Proposed 

Rulemaking, adopted on February 28, 

2011 and released on March 3, 2011, we 

seek to clarify the rules on the payment 

of filing fees by winning bidders in 

auctions of construction permits in the 

broadcast services in conjunction with 

their long-form applications. In the 

Broadcast Competitive Bidding First 

Report and Order, the Commission 

required the filing of application fees in 

such cases, and section 1.1104, the 

Schedule of Charges for Media Bureau 

Service filings, requires the payment of 

a fee when the long-form application is 

filed.1 However, section 1.2107(c) of the 

rules provides with regard to the filing 

of long-form applications by winning 

bidders in auctions that, 

‘‘Notwithstanding any other provision in 

Title 47 of the Code of Federal 

Regulations to the contrary, high 

bidders need not submit an additional 

application filing fee with their longform applications.’’ 2 To resolve any 

inconsistency and to conform Section 

1.2107(c) to the Commission’s 

determination in the Broadcast 

Competitive Bidding First Report and 

Order as reflected in section 1.1104, we 

propose to amend section 1.2107(c) by 

revising the cited sentence to read as 

follows: ‘‘Except as otherwise provided 

in section 1.1104 of the rules, high 

bidders need not submit an additional 

application fee with their long-form 

applications.’’ We seek comment on this 

proposal. 

Procedural Matters 

2. Regulatory Flexibility Act. The rule 

change proposed in the Notice of 

Proposed Rulemaking will not have a 

significant economic impact on a 

substantial number of small entities or 

impose significant costs on parties to 

Commission proceedings. 

3. Comment Filing Procedures. 

Pursuant to Sections 1.415 and 1.419 of 

the Commission’s rules, 47 CFR 1.415 

and 1.419, interested parties may file 

comments in the Notice of Proposed 

Rulemaking 15 days after publication in 

the Federal Register, and reply 

comments 15 days after the comment 

deadline. Comments may be filed using 

the Commission’s Electronic Comment 

Filing System (ECFS) or 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://www.fcc.gov/ 

cgb/ecfs/. Filers should follow the 

instructions provided on the Web site 

for submitting comments. 

• ECFS filers must transmit one 

electronic copy of the comments for 

Gen. Docket No. 86–285. In completing 

the transmittal screen, filers should 

include their full name, U.S. Postal 

Service mailing address, and the 

applicable docket number. Parties may 

also submit an electronic comment by 

Internet e-mail. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. 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 due to security 

measures). All filings must be addressed 

to the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
18138 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules 

• All hand-delivered and/or 

messenger-delivered paper filings for 

the Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

Twelfth St., SW., Room TW–A325, 

Washington, DC 20554. 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 Twelfth Street, SW., 

Washington, DC 20554. 

4. Parties shall also serve one copy 

with the Commission’s copy contractor, 

Best Copy and Printing, Inc. (BPCI), 

Portals II, 445 Twelfth Street, SW., 

Room CY–B402, Washington, DC 20554, 

(202) 488–5300, or via e-mail to 

fcc@bcpiweb.com. Documents in GEN 

Docket No. 86–285 will be available for 

public inspection and copying during 

business hours at the FCC Reference 

Information Center, Portals II, 445 

Twelfth Street, SW., Room CY–A257, 

Washington, DC 20554. The documents 

may also be purchased from BCPI, 

telephone (202) 488–5300, facsimile 

(202) 488–5563, TTY (202) 488–5562, 

e-mail fcc@bcpiweb.com. 

5. Ex Parte Presentations. The Notice 

of Proposed Rulemaking shall be treated 

as a ‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules, 47 CFR 1.1200 et seq. 

Requirements pertaining to oral and 

written presentations are set forth in 

Section 1.1206(b) of the Commission’s 

rules. 

6. Accessible Formats. 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) 418–0432 (tty). 

Ordering Clauses 

7. Accordingly, it is ordered, that, 

pursuant to sections 1, 4(i), 4(j), and 8 

of the Communications Act of 1934, as 

amended, 47 U.S.C. sections 151, 154(i), 

154(j), and 158, this Notice of Proposed 

Rulemaking is hereby adopted. 

8. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the U.S. Small 

Business Administration. 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 1 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, unless otherwise noted. 

2. Amend § 1.2107 by revising 

paragraph (c) to read as follows: 

§ 1.2107. Submission of down payment 

and filing of long-form applications. 

* * * * * 

(c) A high bidder that meets its down 

payment obligations in a timely manner 

must, within ten (10) business days after 

being notified that it is a high bidder, 

submit an additional application (the 

‘‘long-form application’’) pursuant to the 

rules governing the service in which the 

applicant is the high bidder. Except as 

otherwise provided in § 1.1104, high 

bidders need not submit an additional 

application filing fee with their longform applications. 

* * * * * 

[FR Doc. 2011–7475 Filed 3–31–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2010–0084; 

[MO 92210–0–0008–B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Spring Pygmy 

Sunfish as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce a 90-day 

finding on a petition to list the spring 

pygmy sunfish (Elassoma alabamae) as 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

Based on our review, we find that the 

petition and information currently 

available in our files presents 

substantial scientific or commercial 

information indicating that listing this 

species may be warranted. Therefore, 

with the publication of this notice, we 

are initiating a review of the status of 

the species to determine if the 

petitioned action is warranted. To 

ensure this status review is 

comprehensive, we are requesting 

scientific and commercial data and 

other information regarding this species. 

Based on the status review, we will 

issue a 12-month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before May 

31, 2011. Please note that if you are 

using the Federal eRulemaking Portal 

(see ADDRESSES section, below), the 

deadline for submitting an electronic 

comment is 11:59 p.m. Eastern Time on 

this date. After May 31, 2011, you must 

submit information directly to the Field 

Office (see FOR FURTHER INFORMATION

CONTACT section below). Please note that 

we might not be able to address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the box that 

reads ‘‘Enter Keyword or ID,’’ enter the 

Docket number for this finding, which 

is FWS–R4–ES–2010–0084. Check the 

box that reads ‘‘Open for Comment/ 

Submission,’’ and then click the Search 

button. You should then see an icon that 

reads ‘‘Submit a Comment.’’ Please 

ensure that you have found the correct 

document before submitting your 

comment. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R4– 

ES–2010–0084; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all information we receive on 

the Internet at http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Request for Information section below 

for more details). 

FOR FURTHER INFORMATION CONTACT: 

Stephen Ricks, Field Supervisor, 

Mississippi Ecological Services Field 

Office, 6578 Dogwood View Parkway, 

Jackson, MS 39213; by telephone (601– 

321–1122); or by facsimile (601–965– 

4340). If you use a telecommunications 


jlentini on DSKJ8SOYB1PROD with PROPOSALS