Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49329 

V. Deletion Action 

The EPA, with concurrence of the 

state of Utah through the Utah 

Department of Environmental Quality 

(UDEQ), has determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, monitoring and five-year 

reviews have been completed. 

Therefore, EPA is deleting the Site from 

the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective 45 days from the 

date of this publication in the Federal 

Register unless EPA receives adverse 

comments within 30 days from this 

publication in the Federal Register. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final Notice of Deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

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. 

Dated: August 3, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

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. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry for 

‘‘International Smelting and Refining’’, 

‘‘Tooele’’, ‘‘UT’’. 

[FR Doc. 2011–20291 Filed 8–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8191] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

mstockstill on DSK4VPTVN1PROD with RULES

49330 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

State and location Community 

No. 

Effective date authorization/cancellation of sale of 

flood insurance in community 

Current effective map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region III 

Virginia: Hampton, City of, Independent 

City.

515527 March 27, 1970, Emerg; January 15, 1971, Reg; 

August 16, 2011, Susp. 

Aug. 16, 

2011.

Aug. 16, 2011. 

Region IV 

Alabama: Heflin, City of, Cleburne County.010043 May 28, 1975, Emerg; July 5, 1982, Reg; August 

16, 2011, Susp. 

......do* .......... do. 

Mississippi: 

Mize, Town of, Smith County ............ 280160 July 26, 1976, Emerg; January 1, 1986, Reg; August 16, 2011, Susp. ......do ........... do. 

Smith County, Unincorporated Areas 280306 June 8, 1990, Emerg; July 1, 1991, Reg; August 

16, 2011, Susp. 

......do ........... do. 

Taylorsville, Town of, Smith County 280161 July 28, 1975, Emerg; June 17, 1986, Reg; August 16, 2011, Susp. ......do ........... do. 

Region V 

Illinois: 

Ashkum, Village of, Iroquois County 170287 June 16, 1975, Emerg; April 20, 1979, Reg; August 16, 2011, Susp. ......do ........... do. 

Cissna Park, Village of, Iroquois 

County.

170289 June 13, 1975, Emerg; September 29, 1986, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Crescent City, Village of, Iroquois 

County.

170291 December 26, 1974, Emerg; September 1, 1987, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Gilman, City of, Iroquois County ....... 170293 July 28, 1975, Emerg; September 1, 1987, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Iroquois, Village of, Iroquois County 170793 April 11, 1975, Emerg; September 4, 1985, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Iroquois County, Unincorporated 

Areas.

170731 December 17, 1973, Emerg; September 30, 

1988, Reg; August 16, 2011, Susp. 

......do ........... do. 

Milford, Village of, Iroquois County ... 170294 April 10, 1975, Emerg; September 29, 1986, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Thawville, Village of, Iroquois County 170913 January 2, 1976, Emerg; August 1, 1986, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Watseka, City of, Iroquois County .... 170297 December 10, 1974, Emerg; June 15, 1979, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Woodland, Village of, Iroquois County.170819 June 25, 1975, Emerg; September 30, 1988, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Michigan: 

Alaiedon, Township of, Ingham 

County.

260670 April 9, 1976, Emerg; September 28, 1979, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Aurelius, Township of, Ingham County.261321 January 4, 2011, Emerg; N/A, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Delhi, Charter Township of, Ingham 

County.

260088 September 15, 1975, Emerg; July 16, 1981, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Lansing, Charter Township of, 

Ingham County.

260632 August 25, 1975, Emerg; February 4, 1981, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Lansing, City of, Ingham County ....... 260090 March 9, 1973, Emerg; March 2, 1981, Reg; August 16, 2011, Susp. ......do ........... do. 

Leroy, Township of, Ingham County 260906 April 19, 1993, Emerg; N/A, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Leslie, City of, Ingham County .......... 260091 July 25, 1975, Emerg; August 10, 1979, Reg; August 16, 2011, Susp. ......do ........... do. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49331 

State and location Community 

No. 

Effective date authorization/cancellation of sale of 

flood insurance in community 

Current effective map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Locke, Township of, Ingham County 260671 April 14, 1976, Emerg; August 10, 1979, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Mason, City of, Ingham County ........ 260092 April 24, 1975, Emerg; October 15, 1982, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Meridian, Charter Township of, 

Ingham County.

260093 December 30, 1971, Emerg; February 2, 1977, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Stockbridge, Township of, Ingham 

County.

261326 August 30, 2010, Emerg; N/A, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Stockbridge, Village of, Ingham 

County.

260573 January 19, 1977, Emerg; September 4, 1986, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Webberville, Village of, Ingham 

County.

260416 June 24, 1976, Emerg; August 10, 1979, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

White Oak, Township of, Ingham 

County.

260417 April 28, 1988, Emerg; July 16, 1990, Reg; August 16, 2011, Susp. ......do ........... do. 

Williamston, City of, Ingham County 260094 July 24, 1975, Emerg; April 1, 1982, Reg; August 

16, 2011, Susp. 

......do ........... do. 

Williamstown, Township of, Ingham 

County.

260095 January 27, 1977, Emerg; April 15, 1982, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Minnesota: 

Benton County, Unincorporated 

Areas.

270019 August 13, 1974, Emerg; January 2, 1981, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Foley, City of, Benton County ........... 270020 May 2, 1974, Emerg; September 18, 1985, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Royalton, City of, Benton County ...... 270303 April 5, 1974, Emerg; March 28, 1980, Reg; August 16, 2011, Susp. ......do ........... do. 

Sartell, City of, Benton County .......... 270460 July 5, 1974, Emerg; February 15, 1980, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Sauk Rapids, City of, Benton County 270023 June 18, 1973, Emerg; October 14, 1977, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

St. Cloud, City of, Benton County ..... 270456 March 31, 1972, Emerg; April 1, 1977, Reg; August 16, 2011, Susp. ......do ........... do. 

Ohio: 

Berkey, Village of, Lucas County ...... 390901 N/A, Emerg; March 8, 2005, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Byesville, Village of, Guernsey County.390199 June 17, 1975, Emerg; February 17, 1989, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Cumberland, Village of, Guernsey 

County.

390824 October 26, 1988, Emerg; February 17, 1989, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Harbor View, Village of, Lucas County.390702 October 8, 1976, Emerg; May 25, 1978, Reg; August 16, 2011, Susp. ......do ........... do. 

Holland, Village of, Lucas County ..... 390659 March 13, 1975, Emerg; September 22, 1978, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Lore City, Village of, Guernsey 

County.

390202 March 25, 1976, Emerg; February 17, 1989, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Lucas County, Unincorporated Areas 390359 March 9, 1977, Emerg; March 16, 1983, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Maumee, City of, Lucas County ........ 390360 July 25, 1975, Emerg; March 28, 1980, Reg; August 16, 2011, Susp. ......do ........... do. 

Oregon, City of, Lucas County .......... 390361 March 16, 1973, Emerg; March 15, 1978, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Ottawa Hills, Village of, Lucas County.390362 October 24, 1975, Emerg; June 4, 1980, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Pleasant City, Village of, Guernsey 

County.

390203 April 7, 1976, Emerg; January 5, 1979, Reg; August 16, 2011, Susp. ......do ........... do. 

Quaker City, Village of, Guernsey 

County.

390853 August 28, 1980, Emerg; February 17, 1989, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Sencecaville, Village of, Guernsey 

County.

390858 September 15, 1989, Emerg; September 15, 

1989, Reg; August 16, 2011, Susp. 

......do ........... do. 

Swanton, Village of, Lucas County ... 390632 N/A, Emerg; April 9, 1996, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Sylvania, City of, Lucas County ........ 390364 February 18, 1972, Emerg; July 5, 1977, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Toledo, City of, Lucas County ........... 395373 December 18, 1970, Emerg; June 4, 1980, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Waterville, Village of, Lucas County 390637 April 9, 1975, Emerg; January 2, 1981, Reg; August 16, 2011, Susp. ......do ........... do. 

Whitehouse, Village of, Lucas County.390639 August 27, 1975, Emerg; May 19, 1981, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Wisconsin: 

mstockstill on DSK4VPTVN1PROD with RULES

49332 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of sale of 

flood insurance in community 

Current effective map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Lincoln County, Unincorporated 

Areas.

550585 March 8, 1976, Emerg; February 19, 1986, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Merrill, City of, Lincoln County .......... 555565 April 9, 1971, Emerg; July 20, 1973, Reg; August 

16, 2011, Susp. 

......do ........... do. 

Tomahawk, City of, Lincoln County .. 550235 November 29, 1974, Emerg; September 4, 1985, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Region VI 

Texas: 

Brenham, City of, Washington County.480648 December 31, 1974, Emerg; August 17, 1981, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Huntsville, City of, Walker County .... 480639 January 20, 1975, Emerg; February 4, 1981, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Montague County, Unincorporated 

Areas.

480939 August 30, 1982, Emerg; January 17, 1991, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Nocona, City of, Montague County ... 480482 July 22, 1975, Emerg; November 21, 1978, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Paris, City of, Lamar County ............. 480427 February 25, 1972, Emerg; December 15, 1983, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Reno, City of, Lamar County ............ 481254 January 9, 1980, Emerg; September 28, 1982, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Riverside, City of, Walker County ..... 481044 June 28, 2000, Emerg; November 1, 2007, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Walker County, Unincorporated 

Areas.

481042 August 18, 1978, Emerg; May 1, 1987, Reg; August 16, 2011, Susp. ......do ........... do. 

Washington County, Unincorporated 

Areas.

481188 January 16, 2001, Emerg; December 1, 2007, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Region VII 

Iowa: 

Elgin, City of, Fayette County ........... 190125 June 18, 1975, Emerg; August 4, 1987, Reg; August 16, 2011, Susp. ......do ........... do. 

Fayette County, Unincorporated 

Areas.

190866 November 27, 1990, Emerg; July 1, 1991, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Fayette, City of, Fayette County ....... 190376 April 27, 1978, Emerg; September 1, 1987, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Maynard, City of, Fayette County ..... 190377 September 29, 1976, Emerg; August 1, 1986, 

Reg; August 16, 2011, Susp. 

......do ........... do. 

Oelwein, City of, Fayette County ...... 190126 October 14, 1975, Emerg; July 4, 1988, Reg; August 16, 2011, Susp. ......do ........... do. 

Waucoma, City of, Fayette County ... 190381 July 15, 1983, Emerg; September 29, 1986, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

What Cheer, City of, Keokuk County 190179 January 28, 1976, Emerg; August 1, 1987, Reg; 

August 16, 2011, Susp. 

......do ........... do. 

Nebraska: 

Butler County, Unincorporated Areas 310025 October 29, 1998, Emerg; N/A, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Bruno, Village of, Butler County ........ 310027 June 4, 1975, Emerg; January 1, 1987, Reg; August 16, 2011, Susp. ......do ........... do. 

Linwood, Village of, Butler County .... 310028 May 25, 1976, Emerg; January 1, 1987, Reg; August 16, 2011, Susp. ......do ........... do. 

Surprise, Village of, Butler County .... 310408 July 22, 2009, Emerg; N/A, Reg; August 16, 

2011, Susp. 

......do ........... do. 

Ulysses, Village of, Butler County ..... 310029 May 6, 1975, Emerg; October 31, 1983, Reg; August 16, 2011, Susp. ......do ........... do. 

*......do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49333 

1See 5 U.S.C. 801(a)(1)(A). The Congressional 

Review Act is contained in Title II, 251, of the 

CWAAA; see Pub. L. No. 104–121, Title II, 251, 110 

Stat. 868. 

2See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(‘‘SBREFA’’), Pub. L. No. 104–121, Title II, 110 Stat. 

847 (1996). The SBREFA was enacted as Title II of 

the Contract With America Advancement Act of 

1996 (‘‘CWAAA’’). 

3 47 U.S.C. 159(a). 

4See The Full-Year Continuing Appropriations 

Act, 2011, Public Law 112–10, for the 

appropriations act language specifying that the 

applicable level of funding for fiscal year 2011 

continues to be the amount provided by the 

Consolidated Appropriations Act, 2010, Public Law 

111–117, for agencies previously funded by that 

Act. The level set by Congress in the Consolidated 

Appropriations Act, 2010 for the Commission was 

$335,794,000 of offsetting collections to be assessed 

and collected by the Commission pursuant to 

Section 9 of the Communications Act. 

5See Assessment and Collection of Regulatory 

Fees for Fiscal Year 2011, Notice of Proposed 

Rulemaking, 76 FR 30605 (May 26, 2011) (‘‘FY 2011 

NPRM’’). 

6See table of commenters and reply commenters. 

Dated: July 29, 2011 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation. 

[FR Doc. 2011–20279 Filed 8–9–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 11–76; FCC 11–114] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2011 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission revises its 

Schedule of Regulatory Fees to recover 

an amount of $335,794,000 that 

Congress has required the Commission 

to collect for fiscal year 2011. The 

Communications Act of 1934, as 

amended, provides for the annual 

assessment and collection of regulatory 

fees for annual ‘‘Mandatory 

Adjustments’’ and ‘‘Permitted 

Amendments’’ to the Schedule of 

Regulatory Fees. 

DATES: Effective September 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Roland Helvajian, Office of Managing 

Director at (202) 418–0444. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), FCC 11–114, MD 

Docket No. 11–76, adopted on July 21, 

2011 and released on July 22, 2011. 

I. Procedural Matters 

A. Final Paperwork Reduction Act 

1. This Report and Order does not 

contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

B. Congressional Review Act Analysis 

2. The Commission will send a copy 

of this Report and Order to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act.1

C. Final Regulatory Flexibility Analysis 

3. As required by the Regulatory 

Flexibility Act of 1980 (‘‘RFA’’),2 the 

Commission has prepared a Final 

Regulatory Flexibility Analysis 

(‘‘FRFA’’) relating to this Report and 

Order. The FRFA is set forth in the 

section entitled Final Regulatory 

Flexibility Analysis. 

II. Report and Order 

Introduction 

4. In this Report and Order, we 

conclude the Assessment and Collection 

of Regulatory Fees for Fiscal Year 

(‘‘FY’’) 2011 proceeding to collect 

$335,794,000 in regulatory fees for 

Fiscal Year (‘‘FY’’) 2011, pursuant to 

section 9 of the Communications Act of 

1934, as amended (the ‘‘Act’’). Section 

9 regulatory fees are mandated by 

Congress and are collected to recover 

the regulatory costs associated with the 

Commission’s enforcement, policy and 

rulemaking, user information, and 

international activities.3 The annual 

regulatory fee amount to be collected is 

established each year in the 

Commission’s Annual Appropriations 

Act which is adopted by Congress and 

signed by the President and which 

funds the Commission.4 In this annual 

regulatory fee proceeding, we retain 

many of the established methods, 

policies, and procedures for collecting 

section 9 regulatory fees adopted by the 

Commission in prior years. Consistent 

with our established practice, we intend 

to collect these regulatory fees during a 

September 2011 filing window in order 

to collect the required amount by the 

end of our fiscal year. Finally, we will 

initiate a further rulemaking that will 

update the record on regulatory fee 

rebalancing, as well as expand this 

inquiry to include new issues and 

services, by the end of this calendar 

year. 

III. Discussion 

5. On May 3, 2011, we released a 

Notice of Proposed Rulemaking (‘‘FY 

2011 NPRM’’) seeking comment on 

regulatory fee issues for FY 2011.5 The 

section 9 regulatory fee proceeding is an 

annual rulemaking process for the 

Commission to collect the required fee 

amount each year. In the FY 2011 

NPRM, we proposed to retain the 

section 9 regulatory fee methodology 

used in prior fiscal years, except as 

discussed below. We received six 

comments and one reply comment.6 We 

address the issues raised in our FY 2011 

NPRM and these comments below. 

TABLE—LIST OF COMMENTERS

Commenter Abbreviated 

name 

American Association of 

Paging Carriers.

‘‘AAPC’’ 

Raymond Awe ................. ‘‘Raymond Awe’’ 

CTIA—The Wireless Association.‘‘CTIA’’ 

PCIA—The Wireless Infrastructure Association.‘‘PCIA’’ 

The United States 

Telecom Association.

‘‘USTelecom’’ 

Verizon Wireless .............. ‘‘Verizon’’ 

TABLE—LIST OF REPLY COMMENTERS

Commenter Abbreviated 

name 

AT&T Inc .......................... ‘‘AT&T’’ 

A. FY 2011 Regulatory Fee Assessment 

Methodology 

6. In our FY 2011 regulatory fee 

assessment, we will use the same 

section 9 regulatory fee assessment 

methodology adopted in FY 2010 and in 

prior years. Each fiscal year, the 

Commission proportionally allocates the 

total amount that must be collected via 

section 9 regulatory fees. The results of 

our FY 2011 regulatory fee assessment 

methodology (including a comparison to 

the prior year’s results) are contained in 

the table below (Table—Calculation of 

FY 2011 Revenue Requirements and 

Pro-Rata Fees). To collect the 

$335,794,000 required by Congress, we 

allocated this amount across the various 

fee categories. Consistent with past 

practice, we then divided the various 

fee categories by their respective 

number of estimated payment units to 

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