Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 32021 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R10–OW–2022–0418; FRL–9860–01– 

R10] 

Proposed Determination To Prohibit 

and Restrict the Use of Certain Waters 

Within Defined Areas as Disposal 

Sites; Pebble Deposit Area, Southwest 

Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and public 

hearing. 

SUMMARY: Pursuant to Section 404(c) of 

the Clean Water Act (CWA), the 

Environmental Protection Agency (EPA) 

Region 10 is requesting public 

comments on its 2022 Proposed 

Determination to prohibit and restrict 

the use of certain waters in the South 

Fork Koktuli River (SFK), North Fork 

Koktuli River (NFK), and Upper Talarik 

Creek (UTC) watersheds as disposal 

sites for the discharge of dredged or fill 

material associated with mining the 

Pebble deposit, a copper-, gold-, and 

molybdenum-bearing ore body located 

in Southwest, Alaska. EPA Region 10 

also is announcing public hearings on 

this proposed determination. 

DATES: Submit comments on the 

proposed determination on or before 

July 5, 2022. See PUBLIC HEARING 

section below for public hearing dates 

and related information. 

ADDRESSES:

I. How to Obtain a Copy of the 

Proposed Determination: The proposed 

determination is available primarily via 

the internet on the EPA Region 10 

Bristol Bay site at www.epa.gov/ 

bristolbay. 

II. How to Submit Comments to the 

Docket at www.regulations.gov: Submit 

your comments, identified by Docket ID 

No. EPA–R10–OW–2022–0418, by one 

of the following methods: 

Federal eRulemaking Portal 

(recommended method of comment 

submission): Follow the online 

instructions at http://

www.regulations.gov for submitting 

comments. 

Email: ow-docket@epa.gov. Include 

the docket number EPA–R10–OW– 

2022–0418 in the subject line of the 

message. 

Mail and Hand Delivery/Courier: 

Send your original comments and three 

copies to: Water Docket, Environmental 

Protection Agency, Mail Code 2822T, 

1200 Pennsylvania Avenue NW, 

Washington, DC 20460, Attention: 

Docket ID No. EPA–R10–OW–2022– 

0418. 

Hand Delivery/Courier: Deliver your 

comments to EPA Docket Center, EPA 

West, Room 3334, 1301 Constitution 

Avenue NW, Washington, DC 20460, 

Attention: Docket ID No. EPA–R10– 

OW–2022–0418. Such deliveries are 

accepted only during the Docket’s 

normal hours of operation, 8:30 a.m. to 

4:30 p.m. ET, Monday through Friday 

(excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

telephone number for the Water Docket 

is (202) 566–2426. 

Submit at Public Hearing: see PUBLIC 

HEARINGS section below. 

Instructions: EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

will be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected information through http://

www.regulations.gov or email. The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

address will be captured automatically 

and included as part of the comment 

that is placed in the public docket and 

made publicly available on the internet. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

III. Public Hearings: In accordance 

with EPA regulations at 40 CFR 231.4, 

the Regional Administrator determined 

that public hearings on this CWA 

Section 404(c) proposed determination 

are in the public interest. Give the 

continued uncertainty related to COVID, 

EPA intends to host a virtual hearing in 

addition to in-person hearings. The 

hearing dates and locations are as 

follows: 

June 16, 2022—9am to 12pm, AKDT, 

Dillingham, Alaska 

June 16, 2022—5pm to 8pm, AKDT, 

Virtual 

June 17, 2022—2pm to 5pm, AKDT, 

Iliamna, Alaska 

Additional hearing details and any 

changes to the schedule are available at 

www.epa.gov/bristolbay. The purpose of 

the public hearings is to obtain public 

testimony and comment on EPA Region 

10’s CWA Section 404(c) proposed 

determination to prohibit and restrict 

the use of certain waters in the Bristol 

Bay watershed for disposal of dredged 

or fill material associated with mining 

the Pebble deposit. The Regional 

Administrator will designate the official 

who will preside at the public hearing 

(the Presiding Officer). Any person may 

appear at the hearing and submit oral 

and/or written statements or data and 

may be represented by counsel or other 

authorized representatives. If you would 

like to submit written comments, you 

may do so at the public hearings or by 

one of the methods described in the 

section of this public notice entitled: 

How to Submit Comments to the Docket 

at www.regulations.gov. 

Registration is required to participate 

in the public hearings. Please visit 

www.epa.gov/bristolbay for information 

on how to register. Online 

preregistration is available and includes 

an option to register to speak during the 

public hearing. The last day to 

preregister is June 13, 2022. 

Members of the public can also sign 

up to make a comment at the venue on 

the day of the meeting. The following 

information will be requested for each 

commenter: First name, last name, 

organization and title (if applicable), 

city, state, email address, and phone 

number. Tribal elders and elected 

officials will be invited to comment 

first. The facilitator will then use a 

random number system to select 

individuals who signed up to determine 

speaking order. Audio-visual equipment 

will not be provided. 

To maximize the number of 

individuals who are able to speak at the 

hearing, oral statements may be limited 

to three minutes per person. EPA 

encourages commenters to provide the 

agency with a copy of their oral 

testimony electronically by emailing it 

to r10bristolbay@epa.gov. EPA also 

recommends submitting the text of your 

oral comments as written comments to 

the docket. 

EPA may ask clarifying questions 

during the oral presentations but there 

will be no cross examination of any 

hearing participant. 


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32022 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 

1On January 26, 2018, EPA Region 10 announced 

a ‘‘suspension’’ of the proceeding to withdraw the 

2014 Proposed Determination at that time. This 

action was published in the Federal Register on 

February 28, 2018 (83 FR 8668, February 28, 2018). 

EPA Region 10 will not respond to 

questions/comments during the hearing. 

EPA Region 10 will consider the oral 

and written statements received at the 

public hearings and other written 

comments submitted pursuant to the 

instructions set forth in the section of 

this public notice entitled: How to 

Submit Comments to the Docket at 

www.regulations.gov. Any person may 

present written statements for the 

hearing file, including rebuttals to other 

commenter statements, prior to the time 

the hearing file is closed to public 

submissions. 

Please note that any updates made to 

any aspect of the hearing will be posted 

online at www.epa.gov/bristolbay. While 

the agency expects the hearing to go 

forward as set forth above, please 

monitor our website to determine if 

there are any updates. EPA does not 

intend to publish a document in the 

Federal Register announcing updates. 

FOR FURTHER INFORMATION CONTACT: For 

information on the public comment 

period, contact the Water Docket; 

telephone: (202) 566–2426 or email: 

owdocket@epa.gov. For information 

concerning the proposed determination, 

contact Erin Seyfried; telephone (206) 

553–0040 or email: r10bristolbay@

epa.gov. For more information about 

EPA’s efforts in Bristol Bay, copies of 

the Section 404(c) proposed 

determination, see http://www.epa.gov/ 

bristolbay. 

SUPPLEMENTARY INFORMATION: 

I. Clean Water Act Section 404(c) 

Review Process 

EPA’s mission is to protect human 

health and the environment. The CWA, 

the objective of which is to ‘‘restore and 

maintain the chemical, physical, and 

biological integrity of the Nation’s 

waters,’’ 33 U.S.C. 1251(a), is essential 

to EPA’s mission and establishes the 

basic structure for regulating discharges 

of pollutants into waters of the United 

States. To advance this overall objective, 

Section 301(a) of the CWA, 33 U.S.C. 

1311(a), prohibits the discharge of any 

pollutant by any person into waters of 

the United States except as authorized 

by specific provisions of the Act, 

including a permit issued pursuant to 

Sections 402 or 404, 33 U.S.C. 1342; 33 

U.S.C. 1344. Section 404(a) of the CWA 

authorizes the United States Army 

Corps of Engineers (USACE) to issue 

permits for the discharge of dredged or 

fill material into waters of the United 

States. 33 U.S.C. 1344(a). Section 404(c) 

of the CWA authorizes EPA to prohibit 

the specification (including the 

withdrawal of specification) of any 

defined area as a disposal site, and to 

deny or restrict the use of any defined 

area for specification (including the 

withdrawal of specification) as a 

disposal site, ‘‘whenever’’ it determines, 

after notice and opportunity for public 

hearings, that the discharge of such 

materials into such area will have an 

unacceptable adverse effect on 

municipal water supplies, shellfish beds 

and fishery areas (including spawning 

and breeding areas), wildlife, or 

recreational areas. 33 U.S.C. 1344(c). 

EPA’s regulations at 40 CFR part 231 

govern the Agency’s exercise of its CWA 

Section 404(c) authority. 

II. 2014 Proposed Determination 

In July 2014, after careful 

consideration of available information, 

including the findings of EPA’s Bristol 

Bay Watershed Assessment and 

consultation with PLP and the State of 

Alaska, EPA Region 10 published a 

Proposed Determination under Section 

404(c) of the CWA to restrict the use of 

certain waters in the SFK, NFK, and 

UTC watersheds as disposal sites for 

dredged or fill material associated with 

mining the Pebble deposit (2014 

Proposed Determination) for public 

comment. 

On November 25, 2014, the U.S. 

District Court for the District of Alaska, 

in litigation brought by PLP, issued a 

preliminary injunction against EPA that 

halted EPA Region 10’s CWA Section 

404(c) review process until the case was 

resolved. Order Granting Preliminary 

Injunction at 1–2, Pebble Limited 

Partnership v. EPA, No. 3:14–cv–00171 

(D. Alaska Nov. 25, 2014). On May 11, 

2017, EPA and PLP settled that lawsuit 

and the court subsequently dissolved 

the injunction and dismissed the case 

with prejudice. As part of that 

settlement agreement, EPA Region 10 

agreed to ‘‘initiate a process to propose 

to withdraw the [2014] Proposed 

Determination’’ and ultimately 

withdrew it in August 2019.1 In October 

2019, twenty tribal, fishing, 

environmental, and conservation groups 

challenged EPA’s withdrawal of the 

2014 Proposed Determination in the 

U.S. District Court for the District of 

Alaska. This litigation ultimately 

resulted in an October 29, 2021 District 

Court decision to vacate EPA’s 2019 

decision to withdraw the 2014 Proposed 

Determination and remand the action to 

the Agency for reconsideration. 

The District Court’s vacatur of EPA’s 

2019 decision to withdraw the 2014 

Proposed Determination had the effect 

of reinstating the 2014 Proposed 

Determination and reinitiating EPA’s 

CWA Section 404(c) review process. 

The next step in the CWA Section 

404(c) review process required the 

Region 10 Regional Administrator to 

decide whether to withdraw the 2014 

Proposed Determination or prepare a 

recommended determination within 30 

days. On November 23, 2021, EPA 

Region 10 published in the Federal 

Register a notice extending the 

applicable time requirements through 

May 31, 2022, to provide sufficient time 

for the Agency to consider information 

that has become available since EPA 

issued the 2014 Proposed Determination 

and determine the appropriate next step 

in the CWA Section 404(c) review 

process. 

III. Proposed Mine at the Pebble 

Deposit 

The Pebble deposit is a large, lowgrade copper-, gold-, and molybdenumbearing ore body deposit located at the 

headwaters of the pristine Bristol Bay 

watershed that underlies portions of the 

SFK, NFK, and UTC watersheds. The 

SFK, NFK, and UTC watersheds drain to 

two of the largest rivers in the Bristol 

Bay watershed, the Nushagak and 

Kvichak Rivers. 

In December 2017, the PLP submitted 

a CWA Section 404 permit application 

to USACE to develop a mine at the 

Pebble deposit that triggered the 

development of an Environmental 

Impact Statement (EIS) pursuant to the 

National Environmental Policy Act 

(NEPA). In response to the CWA Section 

404 permit review and NEPA processes, 

PLP submitted a revised permit 

application to USACE in June 2020 (i.e., 

the 2020 Mine Plan). 

On July 24, 2020, USACE published a 

Notice of Availability for the Final EIS 

(FEIS) in the Federal Register and on 

November 20, 2020, USACE issued its 

Record of Decision (ROD) denying PLP’s 

CWA Section 404 permit application on 

the basis that the 2020 Mine Plan would 

not comply with the CWA Section 

404(b)(1) Guidelines and would be 

contrary to the public interest. By letter 

dated November 25, 2020, USACE 

notified PLP that the proposed project 

failed to comply with the CWA Section 

404(b)(1) Guidelines because ‘‘the 

proposed project would cause 

unavoidable adverse impacts to aquatic 

resources which would result in 

Significant Degradation to aquatic 

resources.’’ 

IV. Summary of Factual Basis for the 

2022 Proposed Determination 

The Bristol Bay watershed is an area 

of unparalleled ecological value, 


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Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 32023 

boasting salmon diversity and 

productivity unrivaled anywhere in 

North America. The watershed provides 

intact, connected habitats—from 

headwaters to ocean—that support 

abundant, genetically diverse wild 

Pacific salmon populations. The Bristol 

Bay watershed supports the world’s 

largest runs of Sockeye Salmon, 

producing approximately half of the 

world’s Sockeye Salmon, as well as 

significant Chinook, Coho, Chum, and 

Pink salmon populations. Bristol Bay’s 

salmon populations support worldclass, economically important 

commercial and sport fisheries, as well 

as a more than 4,000-year-old 

subsistence-based way of life for Alaska 

Natives. 

EPA Region 10 has considered the 

information that has become available 

since EPA issued the 2014 Proposed 

Determination, including the more than 

670,000 public comments EPA received 

on the 2014 Proposed Determination; 

technical information contained in 

PLP’s CWA Section 404 permit 

application and updated mine plan; 

analysis developed during the NEPA 

process and contained in USACE’s FEIS 

and its permit denial; as well as new 

and potentially relevant science and 

technical information produced through 

other contemporaneous efforts. As a 

result of its review, EPA Region 10 has 

determined that the appropriate next 

step in this CWA Section 404(c) review 

process is to revise the 2014 Proposed 

Determination. 

Construction and routine operation of 

the mine proposed in the 2020 Mine 

Plan would result in discharge of 

dredged or fill material into waters of 

the United States, including streams, 

wetlands, lakes, and ponds overlying 

the Pebble deposit and within adjacent 

watersheds. The direct and certain 

secondary effects of such discharges 

would result in the total loss of aquatic 

habitats important to anadromous 

fishes. These losses are the result of the 

construction and routine operation of 

the various components of the mine site, 

including the open pit, bulk tailings 

storage facility, pyritic tailings storage 

facility, power plant, water management 

ponds, water treatment plants, milling/ 

processing facilities, and supporting 

infrastructure. According to the FEIS 

and ROD, discharges of dredged or fill 

material to construct and operate the 

mine site proposed in the 2020 Mine 

Plan would result in the total loss of 

approximately 99.7 miles (160.5 km) of 

stream habitat, representing 

approximately 8.5 miles (13.7 km) of 

streams with documented anadromous 

fish occurrence and 91.2 miles (146.8 

km) of additional stream habitat. Such 

discharges of dredged or fill material 

would also result in the total loss of 

approximately 2,113 acres (8.6 km2) of 

wetlands and other waters at the mine 

site. 

Additional secondary effects of the 

proposed discharges of dredged or fill 

material at the mine site would degrade 

anadromous fishery areas downstream 

of the mine site. Specifically, the 

stream, wetland, and other aquatic 

resource losses from the footprint of the 

2020 Mine Plan would reverberate 

downstream, depriving downstream 

anadromous fish habitats of nutrients, 

groundwater inputs, and other 

ecological subsidies from lost upstream 

aquatic resources. Further, streamflow 

alterations from water capture, 

withdrawal, storage, treatment, or 

release at the mine site are another 

secondary effect of the discharge of 

dredged or fill material associated with 

the construction and routine operation 

of the 2020 Mine Plan. Such streamflow 

alterations would adversely impact at 

least 29 miles (46.7 km) of anadromous 

fish streams downstream of the mine 

site due to greater than 20 percent 

changes in average monthly 

streamflows. These streamflow 

alterations would result in major 

changes in ecosystem structure and 

function and would reduce both the 

extent and quality of anadromous fish 

habitat downstream of the mine. All 

instances of complete loss of aquatic 

habitat and most impairment to fish 

habitat function would be permanent. 

EPA Region 10 believes that the 

discharge of dredged or fill material 

associated with mining the Pebble 

deposit within the mine site footprint 

for the 2020 Mine Plan could result in 

unacceptable adverse effects on 

anadromous fishery areas in the SFK 

and NFK watersheds due to losses of 

documented anadromous fish habitat 

and degradation of downstream 

anadromous fish habitat. 

Based on the same record, including 

information about the pristine condition 

and productivity of the SFK, NFK, and 

UTC watersheds and the documented 

anadromous fish habitat throughout the 

watersheds, EPA Region 10 has reason 

to believe that discharges of dredged or 

fill material for the construction and 

routine operation of a mine at the 

Pebble deposit anywhere in the SFK, 

NFK, and UTC watersheds could result 

in unacceptable adverse effects on 

anadromous fishery areas in these 

watersheds if the effects of such 

discharges are similar or greater in 

nature and magnitude to the adverse 

effects of the 2020 Mine Plan. 

Accordingly, consistent with 40 CFR 

231.3(a)(2), EPA Region 10 is providing 

public notice of and requesting public 

comment on the 2022 Proposed 

Determination to prohibit and restrict 

the use of certain waters in the NFK, 

SFK, and UTC watersheds for disposal 

of dredged or fill material associated 

with mining the Pebble deposit. The 

Defined Area for Prohibition is the mine 

site footprint for the 2020 Mine Plan. 

The Defined Area for Restriction 

encompasses certain headwaters of the 

SFK, NFK, and UTC watersheds where 

discharges associated with mining the 

Pebble deposit are likely. 

V. Solicitation of Comments on the 2022 

Proposed Determination 

EPA Region 10 is soliciting comments 

on all matters and issues discussed in 

the 2022 Proposed Determination. 

Please see the section entitled 

ADDRESSES (above) for information 

about how to obtain a copy of the 2022 

Proposed Determination and how to 

submit comments. 

Any interested persons may submit 

written comments on the proposed 

determination. All relevant data, 

studies, or informal observations are 

appropriate. The Regional 

Administrator will fully consider all 

such comments as she decides whether 

to withdraw the proposed determination 

or forward to EPA Headquarters a 

recommended determination to 

prohibit/restrict the use of certain 

waters in the SFK, NFK, and UTC 

watersheds in southwest Alaska as 

disposal sites for the discharge of 

dredged or fill material associated with 

mining the Pebble deposit. 

VI. Additional Background on EPA’s 

CWA Section 404(c) Review Process for 

the Pebble Deposit Area 

A. How to Obtain a Copy of the Bristol 

Bay Watershed Assessment: The Bristol 

Bay Watershed Assessment is available 

via the internet on the EPA Region 10 

Bristol Bay site at www.epa.gov/ 

bristolbay. 

B. How to Obtain a Copy of the 2014 

Proposed Determination: The July 2014 

Proposed Determination is available via 

the internet on the EPA Region 10 

Bristol Bay site at www.epa.gov/ 

bristolbay. 

C. How to Obtain a Copy of the 

Settlement Agreement: The May 11, 

2017 settlement agreement is available 

via the internet on the EPA Region 10 

Bristol Bay site at www.epa.gov/ 

bristolbay. 

D. How to Obtain a Copy of the 

Proposal to Withdraw the 2014 

Proposed Determination: The July 2017 

proposal to withdraw the 2014 Proposed 

Determination is available via the 

internet on the EPA Region 10 Bristol 


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32024 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Notices 

Bay site at www.epa.gov/bristolbay. 

Information regarding the proposal to 

withdraw can also be found in the 

docket for this effort at 

www.regulations.gov, see docket ID No. 

EPA–R10–OW–2017–0369 or via the 

following website located at https://

www.regulations.gov/docket?D=EPAR10-OW-2017-0369. 

E. How to Obtain a Copy of 

Notification of Suspension: The 

February 2018 notice announcing EPA’s 

decision to suspend the proceeding to 

withdraw the 2014 Proposed 

Determination at that time is available 

via the internet on the EPA Region 10 

Bristol Bay site at www.epa.gov/ 

bristolbay. Information regarding the 

suspension can also be found in the 

docket for this effort at 

www.regulations.gov, see docket ID No. 

EPA–R10–OW–2017–0369 or via the 

following website located at https://

www.regulations.gov/docket?D=EPAR10-OW-2017-0369. 

F. How to Obtain a Copy of the Notice 

of Withdrawal of the 2014 Proposed 

Determination: The August 2019 notice 

of withdrawal of the 2014 Proposed 

Determination is available via the 

internet on the EPA Region 10 Bristol 

Bay site at www.epa.gov/bristolbay. 

Information regarding the proposal to 

withdraw can also be found in the 

docket for this effort at 

www.regulations.gov, see docket ID No. 

EPA–R10–OW–2017–0369 or via the 

following website located at https://

www.regulations.gov/docket?D=EPAR10-OW-2017-0369. 

Dated: May 17, 2022. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

[FR Doc. 2022–10976 Filed 5–25–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Federal Advisory Committee Act; 

Technological Advisory Council; 

Meeting 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, this 

notice advises interested persons that 

the Federal Communications 

Commission’s (FCC) Technological 

Advisory Council will hold a meeting 

on Thursday June 9, 2022 via 

conference call and available to the 

public via the internet at http://

www.fcc.gov/live, beginning at 10:00 

a.m. 

DATES: Thursday June 9, 2022. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ha, Deputy Chief, Policy and 

Rules Division 202–418–2099; 

michael.ha@fcc.gov. 

SUPPLEMENTARY INFORMATION: At the 

June 9th meeting, the TAC consider and 

advise the Commission on topics such 

as 6G, artificial intelligence, advanced 

spectrum sharing technologies, and 

emerging wireless technologies, 

including new tools to restore internet 

access during shutdowns and other 

disruptions. This agenda may be 

modified at the discretion of the TAC 

Chair and the Designated Federal 

Officer (DFO). 

Meetings are broadcast live with open 

captioning over the internet from the 

FCC Live web page at http://

www.fcc.gov/live/. The public may 

submit written comments before the 

meeting to Michael Ha, the FCC’s 

Designated Federal Officer for 

Technological Advisory Council by 

email: michael.ha@fcc.gov or U.S. Postal 

Service Mail (Michael Ha, Federal 

Communications Commission, 45 L 

Street NE, Washington, DC 20554). 

Open captioning will be provided for 

this event. Other reasonable 

accommodations for people with 

disabilities are available upon request. 

Requests for such accommodations 

should be submitted via email to 

fcc504@fcc.gov or by calling the Office 

of Engineering and Technology at 202– 

418–2470 (voice), (202) 418–1944 (fax). 

Such requests should include a detailed 

description of the accommodation 

needed. In addition, please include your 

contact information. Please allow at 

least five days advance notice; last 

minute requests will be accepted but 

may not be possible to fill. 

Federal Communications Commission. 

Ronald T. Repasi, 

Acting Chief, Office of Engineering and 

Technology. 

[FR Doc. 2022–11303 Filed 5–25–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

Arbitrator’s Report and Fee Statement 

AGENCY: Federal Mediation and 

Conciliation Service (FMCS). 

ACTION: 30-Day notice and request for 

comments. 

SUMMARY: The Federal Mediation and 

Conciliation Service (FMCS), invites the 

public and other Federal Agencies to 

take this opportunity to comment on the 

following information collection 

request, Arbitrator’s Report and Fee 

Statement, FMCS Form R–19. This 

information collection request was 

previously approved by the Office of 

Management Budget (OMB) but has 

expired. FMCS is requesting a 

reinstatement without change. The 

Arbitrator’s Report and Fee Statement, 

FMCS Form R–19, allows FMCS to 

comply with its statutory obligation to 

make governmental facilities available 

for voluntary arbitration. To carry out 

this policy, FMCS has issued 

regulations which provide for the 

operation and maintenance of a roster of 

professional arbitrators. The FMCS 

Form R–19, which arbitrators file with 

the Agency following each decision 

rendered, allows FMCS to monitor the 

work of the arbitrator and to collect 

arbitration information, such as median 

arbitrator fees and days spent on each 

case, for the Agency’s annual report. 

DATES: Comments must be submitted on 

or before June 27, 2022. 

ADDRESSES: You may submit comments, 

identified by Arbitrator’s Report and Fee 

Statement (FMCS Form R–19), through 

one of the following methods: 

• Email: Arthur Pearlstein, 

apearlstein@fmcs.gov; 

• Mail: Arthur Pearlstein, HQ Office 

of Arbitration, One Independence 

Square, 250 E St. SW, Washington, DC 

20427. Please note that at this time, 

FMCS mail is sometimes delayed. 

Therefore, we encourage emailed 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Arthur Pearlstein, 202–606–8103, 

apearlstein@fmcs.gov. 

SUPPLEMENTARY INFORMATION: Copies of 

the agency form are available here. 

Paper copies are available from the 

Office of Arbitration Services by 

emailing Arthur Pearlstein at the email 

address above. Please ask for the 

Arbitrator’s Report and Fee Statement 

(FMCS Form R–19). 

I. Information Collection Request 

Agency: Federal Mediation and 

Conciliation Service. 

Form Number: OMB No. 3076–0003. 

Type of Request: Reinstatement 

without change of a previously 

approved collection. 

Affected Entities: Individual 

arbitrators who render decisions under 

FMCS Arbitration policies and 

procedures. 

Frequency: This form is completed 

each time an Arbitrator hears an 

arbitration case and issues a decision. 


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