1658 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

III. Regulatory Flexibility Act 

NASA certifies that this proposed rule 

will not have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because the rule does not impose 

any additional requirements on small 

entities and currently less than 1 

percent of recipients of NASA grants 

and cooperative agreements receive 

profit or management fees. 

IV. Paperwork Reduction Act 

The Paper Reduction Act (Pub. L. 

104–13) is not applicable because the 

prohibition on payment of profit and 

management fees by NASA does not 

require the submission of any 

information by recipients that requires 

the approval of the Office of 

Management and Budget under 

44 U.S.C. 3501, et seq. 

List of Subjects in 14 CFR Part 1260 

Colleges and universities, Business 

and Industry, Grant programs, Grants 

administration, Cooperative agreements, 

State and local governments, Non-profit 

organizations, Commercial firms, 

Recipients. 

William P. McNally, 

Assistant Administrator for Procurement. 

Accordingly, 14 CFR Part 1260 is 

proposed to be amended as follows: 

1. The authority citation for 14 CFR 

1260 continues to read as follows: 

Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97– 

258, 96 Stat. 1003 (31 U.S.C. 6301, et seq.), 

and OMB Circular A–110. 

PART 1260—GRANTS AND 

COOPERATIVE AGREEMENTS 

2. In § 1260.4, paragraph (b)(2) is 

revised to read as follows: 

§ 1260.4 Applicability. 

* * * * * 

(b) * * * 

(1) * * * 

(2) NASA does not pay profit or fee 

under grants or cooperative agreements. 

* * * * * 

3. In § 1260.10, paragraph (b)(1)(iv) is 

added to read as follows: 

§ 1260.10 Proposals. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) NASA does not pay profit or fee 

under its grants or cooperative 

agreements. 

* * * * * 

4. In § 1260.14, paragraph (e) is added 

to read as follows: 

§ 1260.14 Limitations. 

* * * * * 

(e) NASA does not pay profit or fee 

under its grants or cooperative 

agreements. 

[FR Doc. 2012–241 Filed 1–10–12; 8:45 am] 

BILLING CODE 7510–01–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 515 

[Docket No. 11–09] 

RIN 3072–AC46 

Adjustment of the Amount for the 

Optional Rider for Proof of NVOCC 

Financial Responsibility for Trade With 

the People’s Republic of China 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission proposes to amend its rules 

regarding the amount of bond coverage 

required in its optional China Bond 

Rider for Non-Vessel-Operating 

Common Carriers (NVOCCs). The 

proposed rule is intended to provide 

NVOCCs with the ability to post a bond 

with the Commission that satisfies the 

equivalent of 800,000 Chinese 

Renminbi, for which the equivalent 

dollar amount has fluctuated since the 

regulation was first adopted by the 

Commission. 

DATES: Comments or suggestions are due 

on or before March 12, 2012. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725. 

SUPPLEMENTARY INFORMATION: Submit 

Comments: Submit an original and five 

(5) copies in paper form, and if possible, 

send a PDF of the document by email to 

secretary@fmc.gov. Include in the 

subject line: Docket No. 11–09, 

Comments on Proposed Adjustment of 

the Amount for the FMC Optional China 

Bond Rider. 

Background 

Under a Memorandum of 

Consultations pursuant to the 2003 

bilateral Maritime Agreement between 

the United States and the People’s 

Republic of China (China or the PRC), 

the PRC does not require U.S. NonVessel-Operating Common Carriers 

(NVOCCs) to make a cash deposit in a 

Chinese bank as would otherwise be 

required by Chinese regulations, so long 

as the NVOCC: 

(1) Is a legal person registered by U.S. 

authorities; 

(2) Obtains an FMC license as an 

NVOCC; and 

(3) Provides evidence of financial 

responsibility in the total amount of 

Chinese Renminbi (RMB) 800,000 or 

U.S. $96,000. 

An FMC-licensed NVOCC that 

voluntarily provides an additional 

surety bond in the amount of $21,000 

(denominated in USD or RMB), which 

by its conditions is available for 

potential claims of the MOT (as well as 

other Chinese agencies) for violations of 

the Chinese Regulations on 

International Maritime Transportation, 

may register in the PRC without paying 

the cash deposit otherwise required by 

Chinese law and regulation. 

In 2004, the Commission issued a 

Notice of Proposed Rulemaking (NPR) to 

explore mechanisms for NVOCCs to file 

proof of such additional financial 

responsibility. See 69 FR 4271 (January 

29, 2004). On April 1, 2004, the 

Commission issued a final rule that 

amended its regulations governing proof 

of financial responsibility for ocean 

transportation intermediaries to allow 

an optional rider to be filed with a 

licensed NVOCC’s proof of financial 

responsibility to provide additional 

proof of financial responsibility for such 

carriers serving the U.S. oceanborne 

trade with the PRC. Docket No. 04–02, 

Optional Rider for Proof of Additional 

NVOCC Financial Responsibility, 30 

S.R.R. 179 (FMC 2004). 

On April 15, 2011, the Commission 

received a communication from the 

Maritime Administration, U.S. 

Department of Transportation, 

transmitting a request from the Ministry 

of Transport (MOT) of the PRC to revise 

the Commission’s regulations at 

Appendix E to Subpart C of Part 515— 

Optional Rider for Additional NVOCC 

Financial Responsibility (Optional Rider 

to Form FMC 48) [Form 48A] (China 

Bond Rider). MOT requested that the 

Commission review its financial 

responsibility regulations set forth in 46 

CFR part 515. MOT asserts that the 

exchange rate between the USD and the 

RMB has risen from 1:8.276 in 2003 to 

1:6.536 at present, an increase of 

approximately 21.02%. Consequently, 

MOT asserts, the amount of 96,000 USD 

is inadequate to meet 800,000 RMB at 

the current exchange rate. Specifically, 

MOT requests that the regulation be 


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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1659 

revised to include a provision that 

would allow for adjustments to the USD 

amount required in a NVOCC optional 

bond rider covering transportation 

activities in the U.S./China trades when 

the USD and the RMB exchange rate 

fluctuates 20% higher or lower than that 

of the last adjustment. MOT also 

proposes that the adjustment be jointly 

approved by the U.S. and the PRC at the 

bilateral maritime consultative meeting 

of the same year. Finally, if this 

proposal is adopted, the MOT also 

proposes that the existing total required 

bond amount of 96,000 USD be 

increased to 122,000 USD, which, MOT 

asserts, is the equivalent amount of 

800,000 RMB at the present exchange 

rate. 

Comments 

The Commission issued a Notice of 

Inquiry soliciting public commentary on 

the proposal on June 10, 2011. The NOI 

sought general comments on the China 

Bond Rider, and also presented three 

questions for particular study: 

1. Describe how, and to what extent, the 

optional rider to the required NVOCC bond 

has impacted your company’s business 

operations? Does this make for more certainty 

in your business operation? Has the optional 

rider to the required NVOCC bond impacted 

your overall business costs? If so, how? 

2. What do you see as the advantages and 

disadvantages of an adjustment to the current 

optional rider to the required NVOCC bond? 

3. Please explain whether, and if so, how 

significantly your business costs/operations 

would be affected by a provision that allows 

for adjustments to the U.S. Dollar amount 

required in a NVOCC optional China bond 

rider when the USD (U.S. Dollar) and the 

RMB (Renminbi) exchange rate fluctuates 

20% higher or lower. 

The Commission received three 

Comments, each of which is 

summarized below. 

Econocaribe Consolidators: John 

Abisch, the President of Econocaribe, 

did not appear to oppose the suggestion 

that the China Bond Rider be increased 

to cover currency valuations. Instead, 

the comment focused on the effect of the 

China Bond Rider and other rider 

requirements imposed on bondholders, 

such as the requirement that NVOCC’s 

obtain an additional $10,000 in bond 

coverage for each branch office. 

Econocaribe noted that if a bondholder 

has five additional branch offices, the 

total coverage would be $125,000 

($75,000 base plus $50,000 for five 

branch offices). Econocaribe stated that 

‘‘[i]f the FMC can get the [Chinese 

Government] to ‘count’ the entire bond 

currently posted, including the amount 

of the bond posted for the branch 

offices, even with the [Chinese 

Government] increasing the bond 

requirement, this would actually have a 

slight reduction in the cost of the 

bond[.]’’ 

Mohawk Global Logistics: Richard J. 

Roche submitted comments on behalf of 

Mohawk Global Logistics. Mohawk 

believes that the optional rider method 

of conducting business is ‘‘a fair and 

equitable’’ solution to the alternative of 

posting a cash bond in China. Mohawk 

prefers bond coverage to cash deposit 

because it allows Mohawk to ‘‘expand 

[its] offering in China without having to 

make a significant investment of cash.’’ 

Similarly, Mohawk understands 

currency fluctuations, and ‘‘agree[s] that 

an increase in demonstrated bond 

coverage is warranted due to the lower 

value of the U.S. dollar today.’’ Mohawk 

did not identify disadvantages to the 

increase, other than the minor 

administrative burden of possibly 

prorating bonds in effect, addressing 

different bond premium dates, and the 

incremental increase in the cost of the 

China Bond Rider coverage. These 

disadvantages would be multiplied if 

the Commission added an automatic 

trigger based on a currency fluctuation 

of a defined percentage. If currencies 

fluctuated rapidly or drastically, it 

could cause additional administrative 

burdens on bondholders. Mohawk did 

not see this outcome as likely, and 

believed that an automatic trigger for 

additional coverage could prove 

workable. Mohawk also agreed with 

Econocaribe that many bondholders 

already demonstrate 800,000 RMB 

worth of coverage if one includes the 

aggregate amount posted for branch 

offices. In Mohawk’s view: 

A more reasonable approach might be for 

China to set and exchange value as of a given 

date, and allow NVOCC’s to offset the bond 

coverage based on total bond value, adding 

any additional coverage as might be required 

to make up any shortfall not already covered 

by multiple branch offices. This would limit 

the bond transactions significantly, while 

providing simplicity and stability for all 

involved. 

National Customs Brokers and 

Forwarders Association (NCBFAA): The 

NCBFAA notes in its comments the 

history of the China Bond rider 

provision, and the role that the 

NCBFAA played in Docket No. 04–02, 

Optional Bond Rider for Proof of 

Additional NVOCC Financial 

Responsibility. Like Mohawk, the 

NCBFAA believes that the China Bond 

Rider has been ‘‘extremely successful,’’ 

and has allowed U.S. companies to 

provide services in China that might 

otherwise be difficult if the companies 

were required to post cash with the 

Chinese Government. Though U.S.- 

licensed NVOCCs must register in China 

in order to conduct business, NCBFAA 

indicates that the process ‘‘has not been 

unduly onerous,’’ and ‘‘has not 

heretofore unduly increased operating 

costs.’’ 

The NCBFAA also accepts that the 

respective currencies have fluctuated, 

and some justification exists for the 

Chinese Government’s request to 

increase the amount of the Bond Rider. 

Additionally, although the NCBFAA 

does not object to the Commission’s 

consideration of a Bond Rider 

adjustment any time the currency values 

fluctuate more than 20%, it does not 

believe that an automatic adjustment ‘‘is 

necessary or appropriate.’’ The 

NCBFAA also echoes the beliefs of 

Mohawk and Econocaribe that many 

NVOCCs already have an aggregate 

coverage of greater than $125,000 

(which would surpass the adjusted 

China Bond Rider amount of $122,000). 

If the Chinese Government assented, 

NCBFAA posits that allowing the 

NVOCCs to count all bond coverage 

might actually decrease the cost for 

many U.S.-licensed NVOCCs who do 

business in China. The NCBFAA looks 

to the Annex to the 2003 Bilateral 

Maritime Agreement for support, noting 

that it did not require a Bond Rider of 

a certain amount, but instead required 

evidence of financial responsibility of a 

certain total amount ($96,000). The 

Agreement left open how that total may 

be satisfied. The NCBFAA thus suggests 

that the Commission seek the Chinese 

Government’s assent to accepting a total 

bond amount in addition to a Bond 

Rider in satisfying the $122,000 amount. 

Each NVOCC could thus determine 

whether it was more cost effective to 

procure a Bond Rider, or simply rely on 

its aggregate coverage amount that 

exceeded $122,000. This would reduce 

operating costs for some NVOCCs, but 

would still maintain adequate coverage. 

Proposed Change 

In the 2003 Memorandum of 

Consultation between the U.S. and 

China, the two nations agreed that U.S. 

NVOCCs operating in trade with China 

would provide ‘‘evidence of financial 

responsibility in the total amount of 

Chinese Renminbi (RMB) 800,000 or 

U.S. $96,000.’’ The Memorandum 

specified an amount in both Chinese 

and U.S. currency, and did not provide 

for adjustment in exchange rates. 

Nevertheless, in recognition of the 

recent slight improvement in the value 

of the RMB against the dollar, and in the 

spirit of comity and good faith with our 

trading partner, the Commission is 

proposing to adjust its China bond rider 

so that total NVOCC financial 

responsibility will equal 800,000 RMB 


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1660 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

under current exchange rates. The 

Commission acknowledges that all the 

submitted comments see value in 

maintaining the optional China Bond 

Rider, and recognize the PRC’s 

justification for adjusting the value 

based on exchange rate changes that 

have taken place since 2004. Therefore, 

based on the generally favorable 

comments, the Commission now 

proposes to amend its regulations in 46 

CFR Part 515 to adjust the amount of 

surety available in the optional China 

Bond Rider provided in Appendices E 

and F to Subpart C of Part 515 (Form 

FMC–48A, OMB No. 3072–0018), and 

provide a method for NVOCCs to 

demonstrate financial responsibility by 

aggregating the total bond coverage for 

all bonds. 

The proposed rule amends Appendix 

F to Subpart C of Part 515 (group bonds) 

to increase the amount specified from 

$21,000 to $50,000. In response to the 

comments the Commission received, the 

proposed rule amends Appendix E to 

Subpart C of Part 515 (individual 

NVOCC bonds) to remove pre-specified 

rider amounts to account for variances 

in NVOCCs’ combined total surety 

levels maintained to meet the 

Commission’s other financial 

responsibility requirements, including 

$10,000 in bond coverage that NVOCCs 

maintain for each of their branch offices 

pursuant to 46 CFR § 515.21(a)(4). This 

recognition means that NVOCCs with 

branch offices may have rider amounts 

that vary to satisfy the level of coverage 

requested by the PRC, so long as their 

total coverage equals $125,000. The 

Commission seeks comments 

particularly on the feasibility of these 

proposed revisions. 

The Commission intends to review 

the value of the total coverage provided 

by the China bond rider periodically. 

Certifications 

The Chairman of the Commission 

certifies, pursuant to section 605(b) of 

the Regulatory Flexibility Act, 5 U.S.C. 

601 et seq., that the rule will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. The 

Commission recognizes that the 

majority of businesses that would be 

affected by this rule qualify as small 

entities under the guidelines of the 

Small Business Administration. The 

rule, however, would encompass an 

optional provision for U.S. licensed 

NVOCCs, which may be used at their 

discretion. The rule would not pose an 

economic detriment to all NVOCCs 

regulated by the Commission. It would 

only impact those NVOCCs who choose 

to exercise the option, at this date 

approximately only 10% of the entire 

pool of all NVOCCs. Instead of applying 

to all NVOCCS (a majority of which are 

small entities), it adjusts the favored 

method of demonstrating financial 

responsibility for those NVOCCs who 

choose to use it. This method of 

demonstrating financial responsibility 

implements an agreement with the PRC 

that allows U.S. NVOCCs to avoid 

having to make a large cash deposit in 

a Chinese bank. As such, the rule would 

help continue to promote U.S. business 

interests in the PRC and facilitate U.S. 

foreign commerce. 

This rule is not a ‘‘major rule’’ under 

5 U.S.C. 804(2). 

The collection of information 

requirements contained in this rule have 

been submitted to the Office of 

Management and Budget for review 

under section 3504(h) of the Paperwork 

Reduction Act of 1980, as amended. 

Public reporting burden for this 

collection of information is estimated to 

be 1.25 hours per response, including 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding the burden 

estimate or any other aspect of this 

collection of information, including 

suggestions for reducing this burden, to 

Ronald D. Murphy, Managing Director, 

Federal Maritime Commission, 800 

North Capitol Street NW., Washington, 

DC 20573; and to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for the Federal 

Maritime Commission, Washington, DC 

20503. 

List of Subjects in 46 CFR Part 515 

Freight, Maritime carriers, Nonvessel-operating common carriers. 

For the reasons stated in the 

supplementary information, the Federal 

Maritime Commission proposes to 

amend 46 CFR part 515 as follows. 

PART 515—LICENSING, FINANCIAL 

RESPONSIBILITY REQUIREMENTS, 

AND GENERAL DUTIES FOR OCEAN 

TRANSPORTATION INTERMEDIARIES 

1. The authority citation for part 515 

continues to read as follows: 

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 

46 U.S.C. 305, 40102, 40104, 40501–40503, 

40901–40904, 41101–41109, 41301–41302, 

41305–41307; Pub. L. 105–383, 112 Stat. 

3411; 21 U.S.C. 862. 

2. Revise Appendix E to Subpart C of 

Part 515 to read as follows: 

APPENDIX E TO SUBPART C OF PART 

515—OPTIONAL RIDER FOR 

ADDITIONAL NVOCC FINANCIAL 

RESPONSIBILITY (OPTIONAL RIDER 

TO FORM FMC–48) [FORM 48A] 

FMC–48A, OMB No. [3072–0018, (04/06/04)] 

Optional Rider for Additional NVOCC 

Financial Responsibility [Optional Rider to 

Form FMC–48] 

RIDER 

The undersigned [ll], as Principal and 

[ll], as Surety do hereby agree that the 

existing Bond No. [______] to the United 

States of America and filed with the Federal 

Maritime Commission pursuant to section 19 

of the Shipping Act of 1984 is modified as 

follows: 

1. The following condition is added to this 

Bond: 

a. An additional condition of this Bond is 

that $ll (payable in U.S. Dollars or 

Renminbi Yuan at the option of the Surety) 

shall be available to pay any fines and 

penalties for activities in the U.S.-China 

trades imposed by the Ministry of 

Communications of the People’s Republic of 

China (‘‘MOC’’) or its authorized competent 

communications department of the people’s 

government of the province, autonomous 

region or municipality directly under the 

Central Government or the State 

Administration of Industry and Commerce 

pursuant to the Regulations of the People’s 

Republic of China on International Maritime 

Transportation and the Implementing Rules 

of the Regulations of the PRC on 

International Maritime Transportation 

promulgated by MOC Decree No. 1, January 

20, 2003. 

b. The liability of the Surety shall not be 

discharged by any payment or succession of 

payments pursuant to section 1 of this Rider, 

unless and until the payment or payments 

shall aggregate the amount set forth in 

section 1a of this Rider. In no event shall the 

Surety’s obligation under this Rider exceed 

the amount set forth in section 1a regardless 

of the number of claims. 

c. The total amount of coverage available 

under this Bond and all of its riders, 

available pursuant to the terms of section 

1(a.) of this rider, equals $ll. The total 

amount of aggregate coverage equals or 

exceeds $125,000. 

d. This Rider is effective the [ll] day of 

[ll], 20[ll], and shall continue in effect 

until discharged, terminated as herein 

provided, or upon termination of the Bond in 

accordance with the sixth paragraph of the 

Bond. The Principal or the Surety may at any 

time terminate this Rider by written notice to 

the Federal Maritime Commission at its 

offices in Washington, DC, accompanied by 

proof of transmission of notice to MOC. Such 

termination shall become effective thirty (30) 

days after receipt of said notice and proof of 

transmission by the Federal Maritime 

Commission. The Surety shall not be liable 

for fines or penalties imposed on the 

Principal after the expiration of the 30-day 

period but such termination shall not affect 

the liability of the Principal and Surety for 

any fine or penalty imposed prior to the date 

when said termination becomes effective. 


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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1661 

2. This Bond remains in full force and 

effect according to its terms except as 

modified above. 

In witness whereof we have hereunto set 

our hands and seals on this [ll] day of 

[ll], 20[ll], 

[Principal], By: 

[Surety], By: 

* * * * * 

3. Revise paragraph 1.a. of Appendix F to 

Subpart C of Part 515 to read as follows: 

* * * * * 

1. * * * 

a. An additional condition of this Bond is 

that $ [ll] (payable in U.S. Dollars or 

Renminbi Yuan at the option of the Surety) 

shall be available to any NVOCC enumerated 

in an Appendix to this Rider to pay any fines 

and penalties for activities in the U.S.-China 

trades imposed by the Ministry of 

Communications of the People’s Republic of 

China (‘‘MOC’’) or its authorized competent 

communications department of the people’s 

government of the province, autonomous 

region or municipality directly under the 

Central Government or the State 

Administration of Industry and Commerce 

pursuant to the Regulations of the People’s 

Republic of China on International Maritime 

Transportation and the Implementing Rules 

of the Regulations of the PRC on 

International Maritime Transportation 

promulgated by MOC Decree No. 1, January 

20, 2003. Such amount is separate and 

distinct from the bond amount set forth in 

the first paragraph of this Bond. Payment 

under this Rider shall not reduce the bond 

amount in the first paragraph of this Bond or 

affect its availability. The Surety shall 

indicate that $50,000 is available to pay such 

fines and penalties for each NVOCC listed on 

appendix A to this Rider wishing to exercise 

this option. 

* * * * * 

By the Commission. 

Rachel E. Dickon, 

Assistant Secretary. 

[FR Doc. 2012–388 Filed 1–10–12; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 11–202; FCC 11–185] 

Private Land Mobile Radio Service 

Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

modify our rules to permit the 

implementation of foreign object debris 

(FOD) detection radar in the 78–81 GHz 

band. FOD at airports can seriously 

threaten the safety of airport personnel 

and airline passengers and can have a 

negative impact on airport logistics and 

operations. We seek comment on service 

and technical rules, and on whether 

such operations should be authorized 

on a licensed or unlicensed basis. 

DATES: Submit comments on or before 

February 10, 2012 and reply comments 

are due on or before February 27, 2012. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 11–202; 

FCC 11–185, 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. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Tim 

Maguire, Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

2155. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking and Order 

(‘‘NPRM’’) in WT Docket No. 11–202, 

FCC 11–185, adopted December 15, 

2011, and released December 20, 2011. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

email to fcc504@fcc.gov or by calling the 

Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (tty). 

I. Procedural Matters 

A. Ex Parte Rules-Permit-but-Disclose 

Proceeding 

1. The proceeding this Notice initiates 

shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

B. Comment Dates 

2. Pursuant to sections 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

D Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1