67600 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 

List of Subjects in 32 CFR Part 1701 

Privacy, Reporting and recordkeeping 

requirements. 

For the reasons set forth above, ODNI 

amends 32 CFR Part 1701 as follows: 

PART 1701—ADMINISTRATION OF 

RECORDS UNDER THE PRIVACY ACT 

OF 1974 

■ 1. The authority citation for part 1701 

continues to read as follows: 

Authority: 50 U.S.C. 401–442; 5 U.S.C. 

552a. 

Subpart B—[Amended] 

■ 2. Amend § 1701.24 by revising 

paragraph (a) introductory text, and 

adding paragraphs (a)(15) through 

(a)(20), and (b)(7) through (b)(12), to 

read as follows: 

§ 1701.24 Exemption of Office of the 

Director of National Intelligence (ODNI) 

systems of records. 

(a) The ODNI exempts the following 

systems of records from the 

requirements of subsections (c)(3); 

(d)(1),(2),(3) and (4); (e)(1); 

(e)(4)(G),(H),(I); and (f) of the Privacy 

Act to the extent that information in the 

system is subject to exemption pursuant 

subsections (k)(1), (k)(2) or (k)(5) of the 

Act as noted in the individual new 

systems notices and in the existing 

system notice entitled Office of 

Inspector General Investigation and 

Interview Records (ODNI/OIG–003), 

published at 72 FR 37902 (December 28, 

2007): 

* * * * * 

(15) Human Resources Records 

(ODNI–16). 

(16) Personnel Security Records 

(ODNI–17). 

(17) Freedom of Information Act, 

Privacy Act and Mandatory 

Declassification Review Requests 

Records (ODNI–18). 

(18) IT Systems Activity and Access 

Records (ODNI–19). 

(19) Security Clearance Reciprocity 

Hotline Records (ODNI–20). 

(20) IT Network Support, 

Administration and Analysis Records 

(ODNI–21). 

(b) * * * 

(7) From subsection (c)(3) (accounting 

of disclosures) because an accounting of 

disclosures from records concerning the 

record subject would specifically reveal 

an intelligence or investigative interest 

on the part of the ODNI or recipient 

agency and could result in release of 

properly classified national security or 

foreign policy information. 

(8) From subsections (d)(1), (2), (3) 

and (4) (record subject’s right to access 

and amend records) because affording 

access and amendment rights could 

alert the record subject to the 

investigative interest of intelligence or 

law enforcement agencies or 

compromise sensitive information 

classified in the interest of national 

security. In the absence of a national 

security basis for exemption, records in 

this system may be exempted from 

access and amendment to the extent 

necessary to honor promises of 

confidentiality to persons providing 

information concerning a candidate for 

position. Inability to maintain such 

confidentiality would restrict the free 

flow of information vital to a 

determination of a candidate’s 

qualifications and suitability. 

(9) From subsection (e) (1) (maintain 

only relevant and necessary records) 

because it is not always possible to 

establish relevance and necessity before 

all information is considered and 

evaluated in relation to an intelligence 

concern. In the absence of a national 

security basis for exemption under 

subsection (k)(1), records in this system 

may be exempted from the relevance 

requirement pursuant to subsection 

(k)(5) because it is not possible to 

determine in advance what exact 

information may assist in determining 

the qualifications and suitability of a 

candidate for position. Seemingly 

irrelevant details, when combined with 

other data, can provide a useful 

composite for determining whether a 

candidate should be appointed. 

(10) From subsections (e)(4)(G) and 

(H) (publication of procedures for 

notifying subjects of the existence of 

records about them and how they may 

access records and contest contents) 

because the system is exempted from 

subsection (d) provisions regarding 

access and amendment, and from the 

subsection (f) requirement to 

promulgate agency rules. Nevertheless, 

the ODNI has published notice 

concerning notification, access, and 

contest procedures because it may in 

certain circumstances determine it 

appropriate to provide subjects access to 

all or a portion of the records about 

them in a system of records. 

(11) From subsection (e)(4)(I) 

(identifying sources of records in the 

system of records) because identifying 

sources could result in disclosure of 

properly classified national defense or 

foreign policy information, intelligence 

sources and methods, and investigatory 

techniques and procedures. 

Notwithstanding its proposed 

exemption from this requirement, ODNI 

identifies record sources in broad 

categories sufficient to provide general 

notice of the origins of the information 

it maintains in its systems of records. 

(12) From subsection (f) (agency rules 

for notifying subjects to the existence of 

records about them, for accessing and 

amending records, and for assessing 

fees) because the system is exempt from 

subsection (d) provisions regarding 

access and amendment of records by 

record subjects. Nevertheless, the ODNI 

has published agency rules concerning 

notification of a subject in response to 

his request if any system of records 

named by the subject contains a record 

pertaining to him and procedures by 

which the subject may access or amend 

the records. Notwithstanding 

exemption, the ODNI may determine it 

appropriate to satisfy a record subject’s 

access request. 

Dated: October 19, 2011. 

Mark W. Ewing, 

Chief Management Officer. 

[FR Doc. 2011–28442 Filed 11–1–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R06–OAR–2011–0426; FRL–9485–3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Regulations for Control of Air Pollution 

by Permits for New Construction or 

Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving portions of 

three revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the State of Texas on August 31, 1993; 

July 22, 1998; and October 5, 2010. 

These revisions amend existing sections 

and create new sections in Title 30 of 

the Texas Administrative Code (TAC), 

Chapter 116—Control of Air Pollution 

by Permits for New Construction or 

Modification. The August 31, 1993, 

revision creates two new sections for the 

use of emission reductions as offsets in 

new source review permitting. The July 

22, 1998, revision allows for the use of 

Discrete Emission Reduction Credits 

(DERC) to exceed emission limits in 

permits (permit allowables) and updates 

internal citations to other Texas 

regulations. The October 5, 2010, 

revision updates internal citations to 

other Texas regulations. EPA has 

determined that these SIP revisions 

comply with the Clean Air Act and EPA 

regulations and are consistent with EPA 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 67601 

policies. This action is being taken 

under authority of the Federal Clean Air 

Act (the Act or CAA). 

DATES: This final rule is effective on 

December 2, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0426. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal related to this SIP 

revision, and which is part of the EPA 

docket, is also available for public 

inspection at the State Air Agency listed 

below during official business hours by 

appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

final action, please contact Ms. Erica Le 

Doux (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 

Suite 1200, Dallas, Texas 75202–2733, 

telephone (214) 665–7265; fax number 

(214) 665–6762; email address 

ledoux.erica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever, 

any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is 

used, we mean EPA. 

Table of Contents 

I. What final action is EPA taking? 

II. What is the background for this action? 

III. What are EPA’s responses to comments 

received on the proposed action? 

IV. Statutory and Executive Order Reviews 

I. What final action is EPA taking? 

We are fully approving severable 

portions of three revisions to the Texas 

SIP submitted on August 31, 1993; July 

22, 1998; and October 5, 2010. The 

August 31, 1993, SIP submittal creates 

two new sections, 116.174 and 116.175, 

establishing the requirements for use 

and recordkeeping of emission 

reductions in New Source Review (NSR) 

permitting. The July 22, 1998 SIP 

submittal creates a new section at 

116.116(f) that allows Discrete Emission 

Reduction Credits (DERCs) to be used to 

exceed permit allowables; and amends 

existing section 116.174 to correctly 

cross-reference other Texas permitting 

regulations. The October 5, 2010, SIP 

submittal amends section 116.116(f) to 

correctly cross-reference the SIPapproved DERC rules at Title 30 of the 

Texas Administrative Code (30 TAC) 

Chapter 101, Subchapter H, Division 4. 

We are fully approving new sections 

116.174 and 116.175 submitted on 

August 31, 1993. We are approving new 

section 116.116(f) and amendments to 

section 116.174 submitted on July 22, 

1998. Finally, we are fully approving 

the amendment to section 116.116(f) 

submitted on October 5, 2010. 

EPA acted on the above SIP revisions 

through a direct final rulemaking and 

accompanying proposed rule action on 

July 25, 2011 at 76 FR 44271 and 76 FR 

44293, respectively. In our direct final 

action we stated that we would 

withdraw our direct final approval if we 

received relevant adverse comments 

before August 24, 2011. Because EPA 

received one adverse comment, we 

withdrew our direct final action on 

September 15, 2011 at 76 FR 56982. As 

we discussed in our direct final and 

proposed rulemaking actions, in this 

notice we are proceeding with a final 

action and responding to the comment. 

The revisions submitted by Texas 

amend existing sections and create new 

sections in 30 TAC Chapter 116— 

Control of Air Pollution by Permits for 

New Construction or Modification and 

they comply with the CAA and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This final approval is being taken under 

section 110 and parts C and D of the 

CAA. 

Finally, EPA is revising the title used 

in the direct final action to remove a 

reference to Permits by Rule. Because 

this action does not change any 

provision of Texas’ Permits by Rule 

program, we are removing the reference 

to Permits by Rule to clarify that such 

rules are not part of this action. 

II. What is the background for this 

action? 

We are approving severable 

provisions of three SIP revisions that the 

Texas Commission on Environmental 

Quality (TCEQ) adopted on August 16, 

1993; June 17, 1998; and September 15, 

2010; and submitted to EPA on August 

31, 1993; July 22, 1998; and October 5, 

2010; respectively. Copies of the revised 

rules as well as the Technical Support 

Document (TSD) can be obtained from 

the Docket, as discussed in the ‘‘Docket’’ 

section above. A discussion of the 

specific Texas rule changes that we are 

approving is included in the TSD and 

summarized below. The TSD also 

contains a discussion as to why EPA is 

not taking action on certain provisions 

of each Texas SIP submittal and 

documents why these provisions are 

severable from the provisions that we 

are approving. 

A. August 31, 1993, Submittal 

1. Section 116.174—Determination by 

Executive Director To Authorize 

Reductions 

The TCEQ adopted section 116.174 on 

August 16, 1993, to provide the criteria 

by which the TCEQ Executive Director 

(ED) will determine whether emission 

reductions can be used for purposes of 

NSR permitting. Section 116.174 

requires that the ED approve reductions 

for use pursuant with requirements set 

forth in SIP-approved section 116.170. 

Additionally, any emission reductions 

approved for use as offsets by the ED 

must be made as enforceable permit 

conditions. 

2. Section 116.175—Recordkeeping 

The TCEQ adopted new section 

116.175 on August 16, 1993, to establish 

that the recordkeeping burden for the 

generation and use of emission 

reductions in NSR permitting is on the 

applicant. The TCEQ will only maintain 

records associated with the permit 

application and files. The permit 

applicant is responsible for making all 

records related to the emission 

reductions available upon request by the 

ED. 

B. July 22, 1998, Submittal 

1. Section 116.116(f)—Use of Credits 

The TCEQ adopted new section 

116.116(f) on June 17, 1998, to provide 

that DERCs generated under the TCEQ’s 

banking and trading provisions at 30 

TAC 101.29 can be used to exceed 

permit allowables, if all applicable 

requirements of section 101.29 are 


sroberts on DSK5SPTVN1PROD with RULES
67602 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 

satisfied. Since the adoption of section 

116.116(f), the TCEQ has recodified the 

SIP-approved DERC provisions from 30 

TAC 101.29 to 30 TAC 101.376. The use 

of DERCs cannot be used to authorize 

any physical changes to a facility. 

EPA reviewed and conditionally 

approved the DERC program on 

September 6, 2006 at 71 FR 52703. This 

conditional approval was converted to a 

full approval on May 18, 2010 at 75 FR 

27644. The full approval action resulted 

after we found that TCEQ satisfied all 

elements that were outlined in a 

commitment letter submitted by TCEQ, 

dated September 8, 2005. This 

commitment letter can be found in the 

docket for our approval of the DERC 

program at EPA–R06–OAR–2005–TX– 

0029. The DERC rules establish a type 

of Economic Incentive Program (EIP), in 

particular an open market emission 

trading (OMT) program as described in 

EPA’s EIP Guidance document, 

‘‘Improving Air Quality with Economic 

Incentive Programs’’ (EPA–452/R–01– 

001, January 2001). In an OMT program, 

a source generates short-term emission 

credits (called discrete emission 

reduction credits, or DERCs, in the 

Texas program) by reducing its 

emissions. The source can then use 

these DERCs at a later time, or trade 

them to another source to use at a later 

time. The trading program assumes that 

many sources will participate and 

continuously generate new DERCs to 

balance with other sources using 

previously generated discrete credits. 

DERCs are quantified, banked and 

traded in terms of mass (tons) and may 

be generated and used statewide. 

Reductions of all criteria pollutants, 

with the exception of lead, may be 

certified as DERCs. 

2. Section 116.174—Determination by 

Executive Director To Authorize 

Reductions 

The TCEQ adopted amendments to 

section 116.174 on June 17, 1998, to 

remove outdated references to the Texas 

Air Control Board, and to update 

references to other sections of the Texas 

NSR permitting regulations where 

emission reductions can be used in 

permits. 

C. October 5, 2010, Submittal 

Section 116.116(f)—Use of Credits 

The TCEQ adopted amendments to 

section 116.116(f) on September 15, 

2010, to change references to outdated 

section 101.29 to the current SIPapproved section 101.376. 

In our July 25, 2011, direct final 

action, we presented our evaluation of 

these revisions to amend existing 

sections and create new sections in 30 

TAC Chapter 116—Control of Air 

Pollution by Permits for New 

Construction or Modification. Generally, 

SIP rules must be enforceable and must 

not relax existing requirements. See 

CAA sections 110(a), 110(l), and 193. 

EPA’s review of the August 31, 1993; 

July 22, 1998; and October 5, 2010; SIP 

revisions finds that all three submittals 

are consistent with the requirements at 

40 CFR part 51 and are considered 

complete SIP submittals in accordance 

with 40 CFR part 51, appendix V. This 

detailed analysis is available in the TSD 

for this rulemaking. 

III. What are EPA’s responses to 

comments received on the proposed 

action? 

EPA received one adverse comment 

on our proposed action, available in the 

docket. As discussed previously, 

because we received an adverse 

comment within the comment period, 

EPA withdrew our direct final 

rulemaking on September 15, 2011, 76 

FR 56982. We are proceeding with a 

final action in this notice. 

A summary of the comment EPA 

received is as follows: The 

implementation of this rule would 

shutdown the Luminant Big Brown 

Mine and Power Plant in Freestone 

County, Texas. The effects would be 

disastrous to the community of 

Fairfield, Texas, where the commenter 

lives and works. The closure of this 

facility would cause an economic 

decline because the plant is the main 

economic driving force for this 

community; as a result, people will 

leave the area to find work. People 

vacating the area would cause a decline 

in the housing and retail market, both of 

which, the commenter and his wife are 

active participants. The commenter 

wants the government to reconsider the 

rule. 

The commenter did not provide any 

basis for why this action will cause the 

shutdown of the mentioned power 

plants and consequently cause the 

economic decline of the surrounding 

communities, nor did he call attention 

to any specific parts of the rule that 

would cause this to happen. While EPA 

is just now approving these rules as 

revisions to the Texas SIP, Texas has 

been implementing these rules since 

they became effective in 1993 and 1998. 

If these rules had the potential to result 

in the plant closures and the local 

community’s economic decline outlined 

in the comments, this potential would 

have existed since the 1993 and 1998 

revisions associated with these rules. 

However, the commenter did not 

identify any past plant closures and 

economic decline as a result of these 

rules. Accordingly, these SIP revisions 

and amendments should be approved. 

The Clean Air Act was enacted by 

Congress. 42 U.S.C.A. 7401. Under the 

Act, EPA is authorized to set clean air 

standards. 42 U.S.C.A. 7409. States are 

authorized to choose control strategies 

to meet these standards. 42 U.S.C.A. 

7410(a). EPA can approve the strategies 

into state implementation plans, as long 

as the strategies are consistent with the 

Act. 42 U.S.C.A. 7410(l). As we stated 

in our proposal, and in section II of this 

notice, EPA finds the submitted SIP 

revisions to 30 TAC Chapter 116 as 

identified earlier herein are consistent 

with the Act. EPA is making no changes 

to our proposed action as a result of this 

comment. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 67603 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 3, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 21, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended as follows: 

■ a. By revising the entry for § 116.116; 

■ b. By adding new entries for 

§§ 116.174 and 116.175. 

The additions and revisions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

*******

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

Section 116.116 ....... Changes to Facilities.9/15/2010 11/2/2011 [Insert FR page number 

where document begins].

The SIP does not include paragraph 

(b)(3) and (b)(4), and subsection (e). 

*******

Division 7—Emission Reductions: Offsets * 

Section 116.174 ....... Determination by 

Executive Director to Authorize 

Reductions.

6/17/1998 11/2/2011 [Insert FR page number 

where document begins].

Section 116.175 ....... Recordkeeping ....... 8/16/1993 11/2/2011 [Insert FR page number 

where document begins].

* * * * * * * 


sroberts on DSK5SPTVN1PROD with RULES
67604 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 

* * * * * 

[FR Doc. 2011–28256 Filed 11–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 80 

[WT Docket No. 00–48; FCC 10–110] 

Maritime Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) addresses a 

number of issues pertaining to the 

Maritime Radio Services that were 

raised in the Third Further Notice of 

Proposed Rulemaking (Third FNPRM), 

and amends its rules accordingly. The 

decisions adopted by the Commission 

herein advance the key objectives 

underlying this proceeding, which are 

to promote maritime safety, maximize 

effective and efficient use of the 

spectrum available for maritime 

communications, accommodate 

technological innovation, avoid 

unnecessary regulatory burdens, 

maintain consistency with international 

maritime standards to the extent 

consistent with the United States public 

interest, and regulate the Maritime 

Radio Services in a manner that 

advances our nation’s homeland 

security. 

DATES: Effective January 3, 2012. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of January 3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Tobias, Jeff.Tobias@FCC.gov, 

Wireless Telecommunications Bureau, 

(202) 418–1617, or TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Fourth 

Report and Order and Second 

Memorandum Opinion and Order 

(Fourth R&O) in WT Docket No. 00–48, 

FCC 10–110, adopted on June 7, 2010, 

and released on June 10, 2010. 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: http://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). 

1. The WT Docket No. 00–48 

rulemaking proceeding was established 

to develop rules for domestic 

implementation of the Global Maritime 

Distress and Safety System (GMDSS), a 

ship-to-shore and ship-to-ship distress 

communications system using satellite 

and digital selective calling (DSC) 

technology. The Commission takes the 

following significant actions in the 

Fourth R&O in WT Docket No. 00–48: 

(1) Prohibits the certification, 

manufacture, importation, sale, 

installation, or continued use of 

INMARSAT–E emergency position 

indicating radiobeacons (EPIRBs); (2) 

concludes that VHF–DSC handheld 

radiotelephones should include 

integrated Global Positioning System 

(GPS) capability, but defers adopting 

such a requirement until the Radio 

Technical Commission for Maritime 

Services (RTCM) completes work on 

GPS performance standards; (3) requires 

that any small passenger vessel that 

does not have a reserve power supply 

carry at least one VHF handheld marine 

radio transceiver; (4) declines at this 

time to provide additional spectrum for 

ship station facsimile communications 

or to permit the transmission of data on 

maritime voice channels; (5) eliminates 

the limits on the number of frequencies 

that can be assigned to a private coast 

station or marine utility station; (6) 

revises the part 80 rules to incorporate 

by reference the latest international 

standards for radar and other 

equipment; and (7) clarifies that vessels 

subject to GMDSS requirements are 

required to test their radiotelephone 

equipment on a daily basis. 

I. Procedural Matters 

A. Paperwork Reduction Act Analysis 

2. This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it 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. Report to Congress 

3. The Commission will send a copy 

of this Fourth R&O in a report to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

C. Final Regulatory Flexibility Analysis 

4. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Third FNPRM, at 71 FR 65448, 

November 8, 2006. The Commission 

sought written public comment on the 

proposals in the Third FNPRM, 

including comment on the IRFA. This 

present Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

Need for, and Objectives of, the Report 

and Order 

5. The rules adopted in the Fourth 

R&O are intended to promote maritime 

safety, maximize effective and efficient 

use of the spectrum available for 

maritime communications, 

accommodate technological innovation, 

avoid unnecessary regulatory burdens, 

maintain consistency with international 

maritime standards to the extent 

consistent with the United States public 

interest, and regulate the Maritime 

Radio Services in a manner that 

advances our nation’s homeland 

security. Specifically, in the Fourth 

R&O, the Commission (1) prohibits the 

certification, manufacture, importation, 

installation, or continued use of 

INMARSAT–E emergency position 

indicating radiobeacons (EPIRBs); (2) 

concludes that VHF–DSC handheld 

radiotelephones should include 

integrated Global Positioning System 

(GPS) capability, but defers adopting 

such a requirement until the Radio 

Technical Commission for Maritime 

Services (RTCM) completes work on 

GPS performance standards; (3) requires 

carriage of at least one VHF handheld 

radio transceiver on all small passenger 

vessels that do not carry a reserve power 

supply; (4) declines to take any 

immediate action to provide additional 

spectrum for ship station facsimile 

communications or to permit the 

transmission of data on maritime voice 

channels; (5) removes limits on the 

number of frequencies that can be 

assigned to a private coast station or 

marine utility station; (6) revises the 

part 80 rules to incorporate by reference 

the latest international standards for 

radar and other equipment; and (7) 

clarifies that vessels subject to the 

GMDSS requirements are required to 

test their radiotelephone equipment on 

a daily basis. 


sroberts on DSK5SPTVN1PROD with RULES