69106 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 

regulations must not undermine 

California’s determination that its 

standards, in the aggregate, are as 

protective of public health and welfare 

as applicable federal standards. Second, 

the amended regulations must not affect 

consistency with section 202(a) of the 

Act. Third, the amended regulations 

must not raise any ‘‘new issues’’ 

affecting EPA’s prior waivers. 

III. EPA’s Request for Comments 

EPA invites public comment on 

CARB’s request, including but not 

limited to the following issues. 

A. 2013 HD OBD Amendments Withinthe-Scope or Full Waiver 

First, we request comment on whether 

CARB’s 2013 HD OBD amendments 

should be considered under the withinthe-scope analysis or whether they 

should be considered under the full 

waiver criteria. Specifically, we request 

comment on whether California’s 2013 

HD OBD amendments (1) undermine 

California’s previous determination that 

its standards, in the aggregate, are at 

least as protective of public health and 

welfare as comparable federal standards, 

(2) affect the consistency of California’s 

requirements with section 202(a) of the 

Act, and (3) raise any other ‘‘new issue’’ 

affecting EPA’s previous waiver or 

authorization determinations. 

B. Whether 2013 HD OBD Amendments 

Meet the Criteria for New Waiver 

Should any party believe that CARB’s 

2013 HD OBD amendments do not merit 

consideration as within-the-scope of the 

previous waivers, EPA also requests 

comment on whether those amendments 

meet the criteria for full waiver. 

Specifically, we request comment on: (a) 

Whether CARB’s determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as applicable federal standards 

is arbitrary and capricious, (b) whether 

California needs such standards to meet 

compelling and extraordinary 

conditions, and (c) whether California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the CAA. 

IV. Procedures for Public Participation 

If a hearing is held, the Agency will 

make a record of the proceedings. 

Interested parties may arrange with the 

reporter at the hearing to obtain a copy 

of the transcript at their own expense. 

Regardless of whether a public hearing 

is held, EPA will keep the record open 

until February 16, 2015. Upon 

expiration of the comment period, EPA 

will render a decision on CARB’s 

request based on the record from the 

public hearing, if any, all relevant 

written submissions, and other 

information that the Agency deems 

pertinent. All information will be 

available for inspection at the EPA Air 

Docket No. EPA–HQ–OAR–2014–0699. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest extent possible 

and label it as ‘‘Confidential Business 

Information’’ (‘‘CBI’’). If a person 

making comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

docket, submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed, and according to the 

procedures set forth in 40 CFR part 2. 

If no claim of confidentiality 

accompanies the submission when EPA 

receives it, EPA will make it available 

to the public without further notice to 

the person making comments. 

Dated: November 12, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2014–27495 Filed 11–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9919–55–OAR] 

California State Motor Vehicle 

Pollution Control Standards; 

Malfunction and Diagnostic System 

Requirements for 2004 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks, and MediumDuty Vehicles and Engines; Request 

for Waiver Determination; Opportunity 

for Public Hearing and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Opportunity for Public 

Hearing and Comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to regulations 

entitled ‘‘Malfunction and Diagnostic 

System Requirements—2004 and 

Subsequent Model-Year Passenger Cars, 

Light-Duty Trucks, and Medium-Duty 

Vehicles and Engines’’ (OBD II 

Requirements) and amendments to 

regulations entitled ‘‘Enforcement of 

Malfunction and Diagnostic System 

Requirements for 2004 and Subsequent 

Model-Year Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles and 

Engines’’ (OBD II Enforcement 

Regulation). CARB adopted 

amendments to the OBD II 

Requirements through rulemakings in 

1997, 2003, 2007 and 2010, and to the 

OBD II Requirements and OBD II 

Enforcement Regulation in 2012 and 

2013. These amendments are 

collectively referred to herein as the 

OBD II Amendments. EPA previously 

granted California a waiver for the 

original OBD II Requirements, as last 

amended in 1995. EPA has also 

previously given notice and taken 

comments on the 1997 and 2003 OBD II 

amendments, but did not act on 

California’s waiver requests for those 

amendments. CARB now requests that 

EPA confirm that all the OBD II 

Amendments be found within the scope 

of the previously granted waiver or, 

alternatively, that EPA grant a full 

waiver of preemption for the various 

amendments. This notice announces 

that EPA has tentatively scheduled a 

public hearing to consider California’s 

requests for the 2007, 2010, 2012, and 

2013 OBD II Amendments, and that EPA 

is additionally accepting written 

comment on California’s waiver 

requests, and on the effect of the 2007, 

2010, 2012, and 2013 OBD II 

Amendments on the prior 1997 and 

2003 OBD II Amendments for which 

EPA previously took comments. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on January 14, 2015 at 10 a.m. 

ET. EPA will hold a hearing only if any 

party notifies EPA by December 15, 

2014 to express interest in presenting 

the Agency with oral testimony. Parties 

that wish to present oral testimony at 

the public hearing should provide 

written notice to David Read at the 

email address noted below. If EPA 

receives a request for a public hearing, 

that hearing will be held at the William 

Jefferson Clinton Building (North), 

Room 5530 at 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. If EPA 

does not receive a request for a public 

hearing, then EPA will not hold a 

hearing, and will instead consider 

CARB’s request based on written 

submissions to the docket. Any party 

may submit written comments until 

February 16, 2015. 

Any person who wishes to know 

whether a hearing will be held may call 

David Read at (734) 214–4367 on or 

after December 17, 2014. 


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Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 69107 

1The decision was signed on October 2, 1996, 

and published at 61 FR 53371 (October 11, 1996). 

2The Board initially approved the amendments at 

rulemakings held respectively on December 12, 

1996, April 25, 2002, and September 28, 2006. 

3On December 24, 1997, CARB requested that the 

1997 amendments be found within the scope of the 

previously granted waiver. On October 30, 2003, 

CARB requested that the 2003 amendments be 

found within the scope of the previously granted 

waiver. The October 30, 2003, request further asked 

that the OBD II Enforcement Regulation be found 

within the scope of the previously granted waiver 

for ‘‘California’s Enforcement of New and In-Use 

Vehicle Standards,’’ title 13, Cal. Code Regs. 

Section 2100 et seq. (see 61 FR 53371 (October 11, 

1996), 43 FR 9344 (March 7, 1978), and 43 FR 

25729 (June 14, 1978)). 

4See 69 FR 5542 (February 5, 2004). 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2013–0573, by one of the 

following methods: 

• On-Line at http://

www.regulations.gov: Follow the OnLine Instructions for Submitting 

Comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2013– 

0573, U.S. Environmental Protection 

Agency, Mailcode: 6102T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please include a total of two 

copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20460. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

On-Line Instructions for Submitting 

Comments: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2013– 

0573. EPA’s policy is that all comments 

we receive will be included in the 

public docket without change and may 

be made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

address will automatically be captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

EPA will make available for public 

inspection materials submitted by 

CARB, written comments received from 

any interested parties, and any 

testimony given at the public hearing. 

Materials relevant to this proceeding are 

contained in the Air and Radiation 

Docket and Information Center, 

maintained in Docket ID No. EPA–HQ– 

OAR–2013–0573. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Headquarters Library, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC. The 

Public Reading Room is open to the 

public on all federal government work 

days from 8:30 a.m. to 4:30 p.m.; 

generally, it is open Monday through 

Friday, excluding holidays. The 

telephone number for the Reading Room 

is (202) 566–1744. The Air and 

Radiation Docket and Information 

Center’s Web site is http://www.epa.gov/ 

oar/docket.html. The electronic mail 

(email) address for the Air and 

Radiation Docket is: a-and-r-Docket@

epa.gov, the telephone number is (202) 

566–1742, and the fax number is (202) 

566–9744. An electronic version of the 

public docket is available through the 

federal government’s electronic public 

docket and comment system. You may 

access EPA dockets at http://

www.regulations.gov. After opening the 

http://www.regulations.gov Web site, 

enter EPA–HQ–OAR–2013–0573, in the 

‘‘Enter Keyword or ID’’ fill-in box to 

view documents in the record. Although 

a part of the official docket, the public 

docket does not include CBI or other 

information whose disclosure is 

restricted by statute. 

EPA’s Office of Transportation and 

Air Quality also maintains a Web page 

that contains general information on its 

review of California waiver requests. 

Included on that page are links to prior 

waiver and authorization Federal 

Register notices. The page can be 

accessed at http://www.epa.gov/otaq/

cafr.htm. 

FOR FURTHER INFORMATION CONTACT: 

David Read, Attorney, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2565 

Plymouth Road, Ann Arbor, MI 48105. 

Telephone: (734) 214–4367. Fax: (734) 

214–4212. Email: read.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s OBD II Requirements and 

Enforcement Regulation 

CARB initially adopted the OBD II 

Requirements in July 1990 and then 

adopted amendments in 1992, 1993, and 

1995. The OBD II Requirements direct 

motor vehicle manufacturers to 

incorporate vehicle onboard diagnostic 

(OBD) systems meeting particular 

requirements on all new passenger cars, 

light-duty trucks, and medium-duty 

vehicles and engines. Specifically, 

manufacturers are required to install 

OBD II systems that effectively monitor 

all emission-related components and 

systems on the motor vehicle for proper 

operation and for deterioration or 

malfunctions that cause emissions to 

exceed specific thresholds. The 

regulations also require that OBD II 

systems provide specific diagnostic 

information in a standardized format 

through a standardized serial data link 

on-board the vehicles to ensure that 

service and repair technicians can 

properly and promptly repair identified 

malfunctions. 

In October 1996,1 EPA issued a 

waiver under section 209(b) of the Clean 

Air Act (‘‘CAA’’ or ‘‘the Act’’) for the 

OBD II Requirements adopted in 1990 

and as amended in 1992, 1993, and 

1995. CARB subsequently adopted 

further amendments to the OBD II 

Requirements in 1997 and 2003 2 and 

requested that EPA confirm those 

amendments to be within the scope of 

the previously granted OBD II waiver.3

EPA published a notice of opportunity 

for hearing and comment on the 1997 

and 2003 California requests on 

February 5, 2004.4 The 1997 and 2003 

waiver requests are currently pending a 

determination by EPA. 

On August 9, 2007, CARB adopted 

additional amendments to the OBD II 

Requirements and minor amendments 

to the OBD II Enforcement Regulation. 

The amendments became operative on 

November 9, 2007. The 2007 OBD II 

Requirements amendments were made, 

inter alia, to address manufacturer 


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69108 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 

5See S. Rep. No. 90–403 at 632 (1967). 

6EPA’s review of California regulations under 

section 209 is not a broad review of the 

reasonableness of the regulations or its 

compatibility with all other laws. Sections 209(b) 

and 209(e) of the Clean Air Act limit EPA’s 

authority to deny California requests for waivers 

and authorizations to the three criteria listed 

therein. As a result, EPA has consistently refrained 

from denying California’s requests for waivers and 

authorizations based on any other criteria. In 

instances where the U.S. Court of Appeals has 

reviewed EPA decisions declining to deny waiver 

requests based on criteria not found in section 

209(b), the Court has upheld and agreed with EPA’s 

determination. See Motor and Equipment 

Manufacturers Ass’n v. Nichols, 142 F.3d 449, 462– 

63, 466–67 (D.C. Cir. 1998), Motor and Equipment 

Manufacturers Ass’n v. EPA, 627 F.2d 1095, 1111, 

1114–20 (D.C. Cir. 1979). See also 78 FR 58090, 

58120 (September 20, 2013). 

7CAA § 209(b)(1)(A). 

8CAA § 209(b)(1)(B). 

9CAA § 209(b)(1)(C). 

10See, e.g., 74 FR 32767 (July 8, 2009); see also 

Motor and Equipment Manufacturers Association v. 

EPA, 627 F.2d 1095, 1126 (D.C. Cir. 1979). 

compliance concerns and to align the 

monitoring requirements with those 

adopted by CARB in 2005 for heavy 

duty diesel engines. By letter dated 

January 22, 2008, CARB requested that 

EPA find that the 2007 amendments fall 

within the scope of the previous waiver. 

On April 5, 2010, CARB adopted 

additional amendments to the OBD II 

Requirements, but not to the OBD II 

Enforcment Regulation. The 

amendments became operative on June 

17, 2010. The 2010 OBD II 

Requirements amendments were made 

primarily to harmonize the mediumduty diesel vehicle requirements with 

proposed revisions to monitoring 

requirements for heavy duty diesel 

engines. By letter dated December 15, 

2010, CARB requested that EPA find 

that the 2010 OBD II Requirements 

amendments fall within the scope of the 

previous waiver or, alternatively, that a 

new waiver be granted for the 

amendments. 

On March 12, 2012, and on June 26, 

2013, CARB adopted additional 

amendments to the OBD II 

Requirements and to the OBD II 

Enforcement Regulation. The 2012 OBD 

II amendments became operative August 

7, 2012. The 2013 OBD II amendments 

became operative on July 31, 2013. The 

2012 OBD II amendments were 

primarily made to relax and/or clarify 

OBD II requirements in response to 

manufacturer concerns. The 2013 OBD 

II amendments primarily affect mediumduty vehicles, to align the OBD II 

monitoring requirements with those 

adopted by CARB for heavy duty diesel 

engines. By letter dated February 12, 

2014, CARB requested that EPA find 

that the 2012 and 2013 OBD II 

amendments fall within the scope of the 

previous waiver or, alternatively, that a 

full waiver be granted for the 

amendments. 

The various amendments to the OBD 

II Requirements are codified at title 13, 

California Code of Regulations, section 

1968.2. The various amendments to the 

OBD II Enforcement Regulation are 

codified at title 13, California Code of 

Regulations, section 1968.5. 

CARB seeks a determination that the 

2007, 2010, 2012, and 2013 OBD II 

Amendments are within the scope of the 

previous waiver or, alternatively, that 

EPA grant California a full waiver of 

preemption for the OBD II 

Amendments. 

II. Clean Air Act Waivers of Preemption 

Section 209(a) of the Clean Air Act 

preempts states and local governments 

from setting emission standards for new 

motor vehicles and engines. It provides: 

No State or any political subdivision 

thereof shall adopt or attempt to enforce any 

standard relating to the control of emissions 

from new motor vehicles or new motor 

vehicle engines subject to this part. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Through operation of section 209(b) of 

the Act, California is able to seek and 

receive a waiver of section 209(a)’s 

preemption. If certain criteria are met, 

section 209(b)(1) of the Act requires the 

Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a). Section 209(b)(1) only 

allows a waiver to be granted for any 

state that had adopted standards (other 

than crankcase emission standards) for 

the control of emissions from new motor 

vehicles or new motor vehicle engines 

prior to March 30, 1966, if the state 

determines that its standards will be, in 

the aggregate, at least as protective of 

public health and welfare as applicable 

Federal standards (i.e., if such state 

makes a ‘‘protectiveness 

determination’’). Because California was 

the only state to have adopted standards 

prior to 1966, it is the only state that is 

qualified to seek and receive a waiver.5

The Administrator must grant 6 a waiver 

unless she finds that: (A) California’s 

above-noted ‘‘protectiveness 

determination’’ is arbitrary and 

capricious; 7 (B) California does not 

need such state standards to meet 

compelling and extraordinary 

conditions; 8 or (C) California’s 

standards and accompanying 

enforcement procedures are not 

consistent with section 202(a) of the 

Act.9 EPA has previously stated that 

consistency with section 202(a) requires 

that California’s standards must be 

technologically feasible within the lead 

time provided, giving due consideration 

to costs, and that California and 

applicable Federal test procedures be 

consistent.10

If California amends regulations that 

were previously granted a waiver, EPA 

can confirm that the amended 

regulations are within the scope of the 

previously granted waiver. Such withinthe-scope amendments are permissible 

without a full waiver review if three 

conditions are met. First, the amended 

regulations must not undermine 

California’s determination that its 

standards, in the aggregate, are as 

protective of public health and welfare 

as applicable federal standards. Second, 

the amended regulations must not affect 

consistency with section 202(a) of the 

Act. Third, the amended regulations 

must not raise any ‘‘new issues’’ 

affecting EPA’s prior waivers. 

III. EPA’s Request for Comments 

EPA invites public comment on each 

of CARB’s requests, including but not 

limited to the following issues. 

A. 2007, 2010, 2012, and 2013 OBD II 

Amendments Within-the-Scope or Full 

Waiver 

First, we request comment on whether 

CARB’s 2007, 2010, 2012, and 2013 

OBD II Amendments, whether 

individually or collectively assessed, 

should be considered under the withinthe-scope analysis or whether they 

should be considered under the full 

waiver criteria. Specifically, we request 

comment on whether California’s 2007, 

2010, 2012, and 2013 OBD II 

Amendments (1) undermine California’s 

previous determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as comparable Federal 

standards, (2) affect the consistency of 

California’s requirements with section 

202(a) of the Act, and (3) raise any other 

‘‘new issue’’ affecting EPA’s previous 

waiver or authorization determinations. 

B. Whether 2007, 2010, 2012, and 2013 

OBD II Amendments Meet the Criteria 

for Full Waiver 

Should any party believe that the 

2007, 2010, 2012, or 2013 OBD II 

Amendments do not merit consideration 

as within-the-scope of the previous 

waiver, EPA also requests comment on 

whether those amendments meet the 

criteria for full waiver. Specifically, we 

request comment on: (a) whether 


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CARB’s determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as applicable federal standards 

is arbitrary and capricious, (b) whether 

California needs such standards to meet 

compelling and extraordinary 

conditions, and (c) whether California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Clean Air Act. 

C. Effect of Newer OBD II Amendments 

on 1997 or 2003 Amendments 

As stated above, EPA has previously 

given notice and taken comments on 

CARB’s requests for within-the-scope 

determinations related to CARB’s 1997 

and 2003 OBD II amendments. As those 

requests are still pending, EPA will 

additionally take comment on any 

relevant effects of the 2007 and 2010 

amendments on the prior 1997 and 2003 

OBD II amendments. EPA will consider 

such comments in any decision on 

CARB’s 1997 and 2003 OBD II 

amendments as well. 

IV. Procedures for Public Participation 

If a hearing is held, the Agency will 

make a record of the proceedings. 

Interested parties may arrange with the 

reporter at the hearing to obtain a copy 

of the transcript at their own expense. 

Regardless of whether a public hearing 

is held, EPA will keep the record open 

until February 16, 2015. Upon 

expiration of the comment period, EPA 

will render a decision on CARB’s 

request based on the record from the 

public hearing, if any, all relevant 

written submissions, and other 

information that the Agency deems 

pertinent. All information will be 

available for inspection at the EPA Air 

Docket No. EPA–HQ–OAR–2013–0573. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest extent possible 

and label it as ‘‘Confidential Business 

Information’’ (‘‘CBI’’). If a person 

making comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

docket, submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed, and according to the 

procedures set forth in 40 CFR part 2. 

If no claim of confidentiality 

accompanies the submission when EPA 

receives it, EPA will make it available 

to the public without further notice to 

the person making comments. 

Dated: November 12, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2014–27503 Filed 11–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0565, 3060–0912 and 3060– 

0922] 

Information Collections Being 

Reviewed by the Federal 

Communications Commission Under 

Delegated Authority 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520), the Federal Communication 

Commission (FCC or Commission) 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collections. 

Comments are requested concerning: 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; 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; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor a 

collection of information unless it 

displays a currently valid OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid OMB 

control number. 

DATES: Written PRA comments should 

be submitted on or before January 20, 

2015. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0565. 

Title: Section 76.944, Commission 

Review of Franchising Authority 

Decisions on Rates for the Basic Service 

Tier and Associated Equipment. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities; State, Local or Tribal 

Government. 

Number of Respondents and 

Responses: 32 respondents; 32 

responses. 

Estimated Time per Response: 2–30 

hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain benefits. The statutory authority 

for this collection of information is 

contained in Sections 4(i) and 623 of the 

Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Total Annual Burden: 816 hours. 

Total Annual Costs: $4,800. 

Privacy Impact Assessment(s): No 

impact(s). 

Needs and Uses: 47 CFR 76.944(b) 

provides that any participant at the 

franchising authority level in a 

ratemaking proceeding may file an 

appeal of the franchising authority’s 

decision with the Commission within 

30 days of release of the text of the 

franchising authority’s decision as 

computed under § 1.4(b) of this chapter. 

Appeals shall be served on the 

franchising authority or other authority 

that issued the rate decision. Where the 

state is the appropriate decision-making 

authority, the state shall forward a copy 

of the appeal to the appropriate local 

official(s). Oppositions may be filed 

within 15 days after the appeal is filed, 

and must be served on the parties 

appealing the rate decision. Replies may 

be filed seven (7) days after the last day 

for oppositions and shall be served on 

the parties to the proceeding. 

OMB Control Number: 3060–0922. 

Type of Review: Extension of a 

currently approved collection. 


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