28206 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

effects on the States, or on the current 

Federal-State relationship, or on the 

current distribution of power and 

responsibilities among the various local 

officials. Therefore, consultation with 

State and local officials was not 

necessary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires MARAD to assess the impact 

that regulations will have on small 

entities. After analysis of this final rule, 

I certify that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Although we expect many applicants for 

vessel waivers to be small businesses, 

we do not believe that the economic 

impact will be significant. This rule 

allows MARAD to waive the U.S.-build 

and other requirements for eligible 

vessels and provides a small economic 

benefit to applicants. This regulation 

will only allow vessels to carry the 

statutory maximum of 12 passengers. As 

a consequence, MARAD estimates that a 

vessel owner who receives a waiver may 

earn a few hundred dollars per year for 

localized operations (geographic 

restrictions apply), such as whale 

watching and personalized fishing 

expeditions. Also, the economic impact 

of this rule is limited because it 

precludes vessel owners from 

participating in other economic 

activities, such as carrying cargo and 

commercial fishing. 

Environmental Assessment 

This rule is not expected to have a 

significant effect on the human and 

natural environment, individually or 

cumulatively, and is categorically 

excluded from further documentation 

requirements under the National 

Environmental Policy Act (NEPA) by 

Maritime Administrative Order 600–1, 

Categorical Exclusion No. 3. In pertinent 

part, Categorical Exclusion No. 3 applies 

to: ‘‘promulgation of rules, regulations, 

directives, and amendments thereto 

which do not require a regulatory 

impact analysis under section 3 of 

Executive Order 12291 or do not have 

a potential to cause a significant effect 

on the environment.’’ 

Paperwork Reduction Act 

The Office of Management and Budget 

(OMB) has reviewed and approved the 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501, et seq.) The OMB 

approval number is 2133–0529. 

Unfunded Mandates Reform Act 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more to either State, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objectives of the rule. 

Department guidance requires the use of 

a revised threshold figure of $141.3 

million, which is the value of $100 

million in 2008 after adjusting for 

inflation. 

Consultation and Coordination With 

Indian Tribal Governments 

MARAD believes that regulations 

evolving from this final rule would have 

no significant or unique effect on the 

communities of Indian tribal 

governments when analyzed under the 

principles and criteria contained in 

Executive Order 13084 (Consultation 

and Coordination with Indian Tribal 

Governments). Therefore, the funding 

and consultation requirements of this 

Executive Order would not apply. 

Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

List of Subjects in 46 CFR Part 388 

Adminsitrative practice and 

procedure, Maritime carriers, Passenger 

vessels, Reporting and recordkeeping 

requirements. 

■ Accordingly, the Maritime 

Administration amends part 388, 46 

CFR chapter II, subchapter J, to read as 

follows: 

PART 388—ADMINISTRATIVE 

WAIVERS OF THE COASTWISE TRADE 

LAWS 

Authority: 46 App. U.S.C. 1114(b); Pub. L. 

105–383, 112 Stat. 3445 (46 U.S.C. 12121): 49 

CFR 1.66. 

■ 1. In § 388.2, revise paragraph (c) to 

read as follows. 

§ 388.2 Definitions. 

* * * * * 

(c) Eligible Vessel means a vessel 

that—is either a small passenger vessel 

or an uninspected passenger vessel 

that— 

(1) Was not built in the United States 

and is at least 3 years of age; or 

(2) If rebuilt, was rebuilt outside the 

United States at least 3 years before the 

certificate of documentation with 

appropriate endorsement if granted, 

would become effective. 

* * * * * 

■ 2. In § 388.3, revise the introductory 

paragraphs of paragraphs (a) and (a)(2) 

to read as follows: 

§ 388.3 Application and fee. 

(a) An owner of a vessel may choose 

either of two methods to apply for an 

administrative waiver of the coastwise 

trade laws of the United States for an 

eligible vessel to carry no more than 

twelve passengers for hire. 

* * * * * 

(2) Alternatively, applicants may send 

written applications to Small Passenger 

Vessel Waiver Applications, Office of 

Cargo Preference, MAR–730, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

Written applications need not be in any 

particular format, but must be signed, be 

accompanied by a check made out to the 

order of ‘‘Maritime Administration,’’ and 

contain the following information: 

* * * * * 

By the order of the Maritime 

Administrator. 

Dated: May 10, 2010. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–11927 Filed 5–19–10; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 0 

[GN Docket No. 09–51; PS Docket No. 06– 

229; FCC 10–67] 

Establishment of an Emergency 

Response Interoperability Center 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This Order amends Part 0 of 

the Commission’s rules to establish 

rules governing the Emergency 

Response Interoperability Center (ERIC). 


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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 28207 

The Commission further delegates 

authority to the Chief of the Public 

Safety and Homeland Security Bureau 

to establish advisory bodies and select 

appropriate representatives from federal 

agencies, the public safety community, 

and industry to advise ERIC. 

DATES: Effective Date: June 21, 2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Manner, 

Jennifer.manner@fcc.gov; (202) 418– 

3619. 

SUPPLEMENTARY INFORMATION: The 

Commission will not send a copy of this 

Order pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the adopted rules are rules of 

agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 

On March 16, 2010, the Commission 

submitted a report to Congress entitled 

‘‘The National Broadband Plan (Plan).’’ 

As part of its national broadband 

strategy, the Plan recommends the 

establishment of an Emergency 

Response Interoperability Center (ERIC) 

tasked with ensuring that the 700 MHz 

public safety broadband wireless 

network will be fully operable and 

interoperable on a nationwide basis, 

both day-to-day as well as during times 

of emergency. 

To ensure a baseline of operability 

and interoperability from the start of the 

network’s development, the 

Commission has concluded that the 

public interest will be served by 

establishing ERIC within the Public 

Safety and Homeland Security Bureau 

(PSHSB). Accordingly, the Commission 

is assigning to ERIC responsibilities 

consistent with those currently assigned 

to PSHSB under § 0.191 of the FCC’s 

rules. More specifically, ERIC will be 

tasked with implementing national 

interoperability standards and 

developing technical and operational 

procedures for the 700 MHz public 

safety broadband wireless network. The 

Commission also anticipates that over 

time, ERIC may perform similar 

functions with respect to other public 

safety communications systems. 

The Commission will not send a copy 

of this Order pursuant to the 

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

801(a)(1)(A), because the adopted rules 

are rules of agency organization, 

procedure, or practice that do not 

substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 47 CFR Part 0 

Organization and functions 

(Government agencies). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 part 

0 as follows: 

PART 0—COMMISSION 

ORGANIZATION 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: Sec. 5, 48 Stat. 1068, as 

amended; 47 U.S.C. 155, 225, unless 

otherwise noted. 

■ 2. Section 0.191 is amended by adding 

paragraph (q) to read as follows: 

§ 0.191 Functions of the Bureau. 

* * * * * 

(q) Oversees the Emergency Response 

Interoperability Center, establishes the 

intergovernmental advisory committees 

described under § 0.192(b), and 

administers the agency’s responsibilities 

in connection with such committees. 

■ 3. Add § 0.192 to Subpart A to read as 

follows: 

§ 0.192 Emergency Response 

Interoperability Center. 

(a) The Emergency Response 

Interoperability Center acts under the 

general direction of the Chief of the 

Public Safety and Homeland Security 

Bureau to develop, recommend, and 

administer policy goals, objectives, 

rules, regulations, programs, and plans 

for the Commission in matters 

pertaining to the implementation of 

national interoperability standards and 

the development of technical and 

operational requirements and 

procedures for the 700 MHz public 

safety broadband wireless network and 

other public safety communications 

systems. These requirements and 

procedures may involve such issues as 

interoperability, roaming, priority 

access, gateway functions and 

interfaces, interconnectivity of public 

safety broadband networks, 

authentication and encryption, and 

requirements for common public safety 

broadband applications. 

(b) To the extent permitted by 

applicable law, the Chief of the Public 

Safety and Homeland Security Bureau 

shall have delegated authority to 

establish one or more advisory bodies, 

consistent with the Federal Advisory 

Committee Act or other applicable law, 

to advise the Emergency Response 

Interoperability Center in the 

performance of its responsibilities. Such 

advisory bodies may include 

representatives from relevant Federal 

public safety and homeland security 

entities, representatives from state and 

local public safety entities, industry 

representatives, and service providers. 

■ 4. Section 0.392 is amended by 

revising the introductory text to read as 

follows: 

§ 0.392 Authority Delegated. 

The Chief, Public Safety and 

Homeland Security Bureau, is hereby 

delegated authority to perform all 

functions of the Bureau, described in 

§§ 0.191 and 0.192, subject to the 

following exceptions and limitations in 

paragraphs (a) through (e) of this 

section. 

* * * * * 

[FR Doc. 2010–12139 Filed 5–19–10; 8:45 am] 

BILLING CODE 6712–01–P 


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