Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36467 

115http://www.census.gov/cgi-bin/sssd/ 

naics.naicsrch. 

116 13 CFR 120.201, NAICS code 517120. 

117http://factfinder.census.gov/faces/ 

tableservices/jsf/pages/productview.xhtml?

pid=ECN_2012_US_51SSSZ4&prodType=table. 

118 13 CFR 120.201, NAICS code 541890. 

119 13 CFR 120.201, NAICS code 541618. 

120http://www.census.gov/cgi-bin/sssd/ 

naics.naicsrch. 

121 13 CFR 120.201, NAICS code 541890. 

122http://factfinder.census.gov/faces/ 

tableservices/jsf/pages/productview.xhtml?

pid=ECN_2012_US_51SSSZ4&prodType=table. 

123http://www.census.gov/cgi-bin/sssd/ 

naics.naicsrch. 

124 13 CFR 120.201, NAICS code 514618. 

125http://factfinder.census.gov/faces/ 

tableservices/jsf/pages/productview.xhtml?

pid=ECN_2012_US_51SSSZ4&prodType=table. 

126The four NAICS code-based categories 

selected above to provide definitions for Carrier and 

Non-Carrier RespOrgs were selected because as a 

group they refer generically and comprehensively to 

all RespOrgs. Therefore, all RespOrgs, including 

those not identified specifically or individually, 

must comply with the rules adopted in the 

Regulatory Fees Report and Order associated with 

this Final Regulatory Flexibility Analysis. 

127Email from Jennifer Blanchard, Somos, July 1, 

2016. 128 5 U.S.C. 603(c)(1)–(c)(4). 

airwaves, such as cellular services, 

paging services, wireless internet access, 

and wireless video services.115 The 

appropriate size standard under SBA 

rules is that such a business is small if 

it has 1,500 or fewer employees.116

Census data for 2012 show that 967 

Wireless Telecommunications Carriers 

operated in that year. Of that number, 

955 operated with less than 1,000 

employees.117 Based on that data, we 

conclude that most Carrier RespOrgs 

that operated with wireless-based 

technology are small. 

29. Non-Carrier RespOrgs. Neither the 

Commission, the Census, nor the SBA 

have developed a definition of NonCarrier RespOrgs. Accordingly, the 

Commission believes that the closest 

NAICS code-based definitional 

categories for Non-Carrier RespOrgs are 

‘‘Other Services Related To 

Advertising’’ 118 and ‘‘Other 

Management Consulting Services.’’ 119

30. The U.S. Census defines Other 

Services Related to Advertising as 

comprising establishments primarily 

engaged in providing advertising 

services (except advertising agency 

services, public relations agency 

services, media buying agency services, 

media representative services, display 

advertising services, direct mail 

advertising services, advertising 

material distribution services, and 

marketing consulting services.120 The 

SBA has established a size standard for 

this industry as annual receipts of $15 

million dollars or less.121 Census data 

for 2012 show that 5,804 firms operated 

in this industry for the entire year. Of 

that number, 5,249 operated with 

annual receipts of less than $10 

million.122 Based on that data we 

conclude that most Non-Carrier 

RespOrgs who provide TFN-related 

advertising services are small. 

31. The U.S. Census defines Other 

Management Consulting Services as 

establishments primarily engaged in 

providing management consulting 

services (except administrative and 

general management consulting; human 

resources consulting; marketing 

consulting; or process, physical 

distribution, and logistics consulting). 

Establishments providing 

telecommunications or utilities 

management consulting services are 

included in this industry.123 The SBA 

has established a size standard for this 

industry of $15 million dollars or 

less.124 Census data for 2012 show that 

3,683 firms operated in this industry for 

that entire year. Of that number, 3,632 

operated with less than $10 million in 

annual receipts.125 Based on this data, 

we conclude that most non-carrier 

RespOrgs who provide TFN-related 

management consulting services are 

small.126

32. In addition to the data contained 

in the four (see above) U.S. Census 

NAICS code categories that provide 

definitions of what services and 

functions the Carrier and Non-Carrier 

RespOrgs provide, Somos, the trade 

association that monitors RespOrg 

activities, compiled data showing that 

as of July 1, 2016, there were 23 

RespOrgs operational in Canada and 436 

RespOrgs operational in the United 

States, for a total of 459 RespOrgs 

currently registered with Somos.127

D. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

33. This Report and Order does not 

adopt any new reporting, recordkeeping, 

or other compliance requirements. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

34. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

approach, which may include the 

following four alternatives, among 

others: (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.128

35. This Report and Order adopts new 

tiers in assessing regulatory fees for 

submarine cable systems. There should 

not be a significant impact on small 

entities because the fee is based on the 

number of systems and would therefore 

reflect the size of the entity. In keeping 

with the requirements of the Regulatory 

Flexibility Act, we have considered 

certain alternative means of mitigating 

the effects of fee increases to a particular 

industry segment. For example, the 

Commission has increased the de 

minimis threshold to $1,000, which will 

impact many small entities that pay 

regulatory fees. This increase in the de 

minimis threshold to $1,000 will relieve 

regulatees both financially and 

administratively. Regulatees may also 

seek waivers or other relief on the basis 

of financial hardship. See 47 CFR 

1.1166. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict 

None. 

V. Ordering Clause 

36. Accordingly, it is ordered that, 

pursuant to Section 9(a), (b), (e), (f), and 

(g) of the Communications Act of 1934, 

as amended, 47 U.S.C. 159(a), (b), (e), 

(f), and (g), this Report and Order is 

hereby adopted. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2018–15651 Filed 7–27–18; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 63 

[GN Docket No. 13–5; RM–11358; FCC 16– 

90] 

Technology Transitions; Policies and 

Rules Governing Retirement of Copper 

Loops by Incumbent Local Exchange 

Carriers 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s discontinuance rules. 

This document is consistent with the 


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36468 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 

Technology Transitions et al. 

Declaratory Ruling, Second Report and 

Order, and Order on Reconsideration, 

FCC 16–90, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date of those rules. 

DATES: The amendments to 47 CFR 

63.19(a), 63.60(h), 63.71(a)(6)–(7), (f), 

(h), and 63.602, published at 81 FR 

62632, September 12, 2016, are effective 

on July 30, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Michele Levy Berlove, Attorney 

Advisor, Wireline Competition Bureau, 

at (202) 418–1477, or by email at 

Michele.Berlove@fcc.gov. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements, contact Nicole Ongele at 

(202) 418–2991 or nicole.ongele@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 2, 

2018, OMB approved, for a period of 

three years, the information collection 

requirements relating to certain 

discontinuance rules contained in the 

Commission’s Technology Transitions et 

al. Declaratory Ruling, Second Report 

and Order, and Order on 

Reconsideration, FCC 16–90, published 

at 81 FR 62632, September 12, 2016, as 

specified above. 

The OMB Control Number is 3060– 

0149. The Commission publishes this 

document as an announcement of the 

effective date of the rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, Room 

1–A620, 445 12th Street SW, 

Washington, DC 20554. Please include 

the OMB Control Number, 3060–0149, 

in your correspondence. The 

Commission will also accept your 

comments via email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on July 2, 

2018, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 63. Under 5 CFR part 

1320, an agency may not conduct or 

sponsor a collection of information 

unless it displays a current, valid OMB 

Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0149. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0149. 

OMB Approval Date: July 2, 2018. 

OMB Expiration Date: July 31, 2021. 

Title: Part 63, Application and 

Supplemental Information Requirement, 

Technology Transitions, GN Docket No. 

13–5, et al. 

Form Number: N/A. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 63 respondents; 83 

responses. 

Estimated Time per Response: 5.3 

hours. 

Frequency of Response: One-time 

reporting requirement and third-party 

disclosure requirements. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

214 and 402 of the Communications Act 

of 1934, as amended. 

Total Annual Burden: 1,923 hours. 

Total Annual Cost: $27,900. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

the respondents submit confidential 

information to the FCC. Respondents 

may, however, request confidential 

treatment for information they believe to 

be confidential under 47 CFR 0.459 of 

the Commission’s rules. 

Needs and Uses: The Commission is 

seeking Office of Management and 

Budget (OMB) approval for a revision of 

a currently approved collection. The 

Commission will submit this 

information collection after this 60-day 

comment period. Section 214 of the 

Communications Act of 1934, as 

amended, requires that a carrier must 

first obtain FCC authorization either to 

(1) construct, operate, or engage in 

transmission over a line of 

communications; or (2) discontinue, 

reduce or impair service over a line of 

communications. Part 63 of Title 47 of 

the Code of Federal Regulations (CFR) 

implements Section 214. Part 63 also 

implements provisions of the Cable 

Communications Policy Act of 1984 

pertaining to video which was approved 

under this OMB Control Number 3060– 

0149. In 2009, the Commission modified 

Part 63 to extend to providers of 

interconnected Voice of internet 

Protocol (VoIP) service the 

discontinuance obligations that apply to 

domestic non-dominant 

telecommunications carriers under 

Section 214 of the Communications Act 

of 1934, as amended. In 2014, the 

Commission adopted improved 

administrative filing procedures for 

domestic transfers of control, domestic 

discontinuances and notices of network 

changes, and among other adjustments, 

modified Part 63 to require electronic 

filing for applications for authorization 

to discontinue, reduce, or impair service 

under section 214(a) of the Act. In July 

2016, the Commission concluded that 

applicants seeking to discontinue a 

legacy time division multiplexing 

(TDM)-based voice service as part of a 

transition to a new technology, whether 

internet Protocol (IP), wireless, or 

another type (technology transition 

discontinuance application) must 

demonstrate that an adequate 

replacement for the legacy service exists 

in order to be eligible for streamlined 

treatment and revised part 63 

accordingly. For any other domestic 

service for which a discontinuance 

application is filed, the existing 

framework governs automatic grant 

procedures. Unlike traditional 

applicants, technology transition 

discontinuance applicants seeking 

streamlined treatment will be required 

to submit with their application either 

a certification or a showing as to 

whether an ‘‘adequate replacement’’ 

exists in the service area. Voice 

technology transition discontinuance 

applicants that decline to pursue this 

path are not eligible for streamlined 

treatment and will have their 

applications evaluated on a nonstreamlined basis under the traditional 

five factor test. The Commission 

concluded that an applicant for a 

technology transition discontinuance 

may demonstrate that a service is an 

adequate replacement for a legacy voice 

service by certifying or showing that one 

or more replacement service(s) offers all 

of the following: (i) Substantially similar 

levels of network infrastructure and 

service quality as the applicant service; 

(ii) compliance with existing federal 

and/or industry standards required to 

ensure that critical applications such as 

911, network security, and applications 


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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36469 

for individuals with disabilities remain 

available; and (iii) interoperability and 

compatibility with an enumerated list of 

applications and functionalities 

determined to be key to consumers and 

competitors. One replacement service 

must satisfy all the criteria to retain 

eligibility for automatic grant. The 

Commission also determined that 

information about the price of the legacy 

service and the proposed replacement 

service should be provided as part of the 

application. To reduce burdens on 

carriers, the Commission (1) adopted a 

more streamlined approach for legacy 

voice discontinuances involving 

services that are substantially similar to 

those for which a Section 214 

discontinuance meeting the adequate 

replacement criteria has previously been 

approved, and (2) now allows Section 

214 discontinuance applications to be 

eligible for automatic grant if the 

applicant seeks to discontinue a legacy 

voice service operating at speeds lower 

than 1.544 Mbps that either has zero 

customers in the relevant service area 

and no requests for service in the last 30 

days, or if the applicant plans to 

grandfather existing customers of the 

service while ceasing to accept new 

customers. The Commission estimates 

that there will be five respondents 

submitting 25 applications/responses 

related to these revisions. The 

Commission also estimates that these 

revisions will result in a total of 1,575 

annual burden hours and a total annual 

cost of $27,900. The Commission 

estimates that the total annual burden 

and annual cost of the entire collection, 

as revised, is 1,923 and $27,900, 

respectively. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–16198 Filed 7–27–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Chapter I 

[Docket No. FWS–HQ–ES–2015–0165; 

FXES11140900000–178; FF09E33000] 

Endangered and Threatened Wildlife 

and Plants; Endangered Species Act 

Compensatory Mitigation Policy 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Policy; withdrawal. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce we 

are withdrawing the Endangered 

Species Act (ESA) Compensatory 

Mitigation Policy, published December 

27, 2016 (ESA–CMP). In our document 

of November 6, 2017 we requested 

additional public comments regarding 

the policy’s overall mitigation planning 

goal of net conservation gain. We are 

now withdrawing this policy. The 

Service does not have authority to 

require ‘‘net conservation gain’’ under 

the ESA, and the policy is inconsistent 

with current Executive branch policy. 

Except as otherwise specified, all 

policies or guidance documents that 

were superseded by ESA–CMP are 

reinstated. 

DATES: Withdrawal effective on July 30, 

2018. 

ADDRESSES: Comments and materials 

received, as well as supporting 

documentation, are available on the 

internet at http://www.regulations.gov at 

Docket Number FWS–HQ–ES–2015– 

0165. 

FOR FURTHER INFORMATION CONTACT: 

Craig Aubrey, U.S. Fish and Wildlife 

Service, Division of Environmental 

Review, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803, telephone 

703–358–2442. 

SUPPLEMENTARY INFORMATION: The ESA– 

CMP (81 FR 95316, December 27, 2016) 

was developed to ensure consistency 

with existing directives in effect at the 

time of issuance, including former 

President Obama’s Memorandum on 

Mitigating Impacts on Natural Resources 

From Development and Encouraging 

Related Private Investment (November 

3, 2015). Under the memorandum, all 

Federal mitigation policies were 

directed to clearly set a net-benefit goal 

or, at minimum, a no-net-loss goal for 

natural resources, wherever doing so is 

allowed by existing statutory authority 

and is consistent with agency mission 

and established natural resource 

objectives. The Presidential 

Memorandum was subsequently 

rescinded by Executive Order 13783, 

‘‘Promoting Energy Independence and 

Economic Growth’’ (March 28, 2017). 

The ESA–CMP also described its 

consistency with the Secretary of the 

Interior’s Order 3330 on Improving 

Mitigation Policies and Practices of the 

Department of the Interior (October 31, 

2013), which established a Departmentwide mitigation strategy to ensure 

consistency and efficiency in the review 

and permitting of infrastructuredevelopment projects and in conserving 

natural and cultural resources. The 

Secretary’s Order was subsequently 

revoked by Secretary of the Interior’s 

Order 3349 on American Energy 

Independence (March 29, 2017). It 

directed Department of the Interior 

bureaus to reexamine mitigation 

policies and practices to better balance 

conservation strategies and policies 

with job creation for American families. 

In light of the revocation of the 2015 

Presidential Memorandum and 

Secretary’s Order 3330, on November 6, 

2017, the Service requested comment on 

the ESA–CMP, along with the ServiceWide Mitigation Policy (81 FR 83440, 

November 21, 2016), specifically 

‘‘regarding whether to retain or remove 

net conservation gain as a mitigation 

planning goal within our mitigation 

policies.’’ Mitigation Policies of the U.S. 

Fish and Wildlife Service; Request for 

Comment (82 FR 51382, 51383, 

November 6, 2017). The comment 

period for this request ended on January 

5, 2018. 

Under Supreme Court precedent, the 

Takings Clause of the Fifth Amendment 

of the United States Constitution limits 

the ability of government to require 

monetary exactions as a condition of 

permitting private activities, 

particularly private activities on private 

property. In Koontz v. St. Johns River 

Water Management District, 570 U.S. 

595 (2013), the Supreme Court held that 

a proposal to fund offsite mitigation 

proposed by the State of Florida as a 

condition of granting a land-use permit 

must satisfy the test established in 

Nollan v. California Coastal 

Commission, 483 U.S. 825 (1987), and 

Dolan v. City of Tigard, 512 U.S. 374 

(1994). Specifically, ‘‘a unit of 

government may not condition the 

approval of a land-use permit on the 

owner’s relinquishment of a portion of 

his property unless there is a ‘nexus’ 

and ‘rough proportionality’ between the 

government’s demand and the effects of 

the proposed land use.’’ Id. at 599. 

Compensatory mitigation raises serious 

questions of whether there is a sufficient 

nexus between the potential harm and 

the proposed remedy to satisfy 

constitutional muster. 

Further, because by definition 

compensatory mitigation does not 

directly avoid or minimize the 

anticipated harm, its application is 

particularly ripe for abuse. At times the 

nexus between a proposed undertaking 

and compensatory mitigation 

requirements is far from clear. These 

concerns are particularly acute when 

coupled with a net conservation gain 

goal, which necessarily seeks to go 

beyond mitigating actual or anticipated 

harm to forcing participants to pay to 

address harms they, by definition, did 

not cause. 

In light of the change in national 

policy reflected in Executive Order 


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