[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Proposed Rules]
[Pages 21613-21614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10815]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[DA 09-904; WT Docket No. 08-61, WT Docket No. 03-187]


Petition for Expedited Rulemaking and Other Relief on Behalf of 
American Bird Conservancy, Defenders of Wildlife and National Audubon 
Society

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, comment is sought on a petition for 
Expedited Rulemaking and Other Relief on Behalf of American Bird 
Conservancy, Defenders of Wildlife and National Audubon Society 
(Petitioners). Petitioners request that the Commission adopt new rules 
on an expedited basis to comply with the National Environmental Policy 
Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird 
Treaty Act (MBTA), and their implementing regulations, and to carry out 
the mandate of the U.S. Court of Appeals for the District of Columbia 
Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC 
Cir. 2008).

DATES: Interested parties may file comments on or before May 29, 2009, 
and reply comments on or before June 15, 2009.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-61 
and WT Docket 03-187, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#b8fefbfb8d888cf8dedbdb96dfd7ce"><span class="__cf_email__" data-cfemail="dd9b9e9ee8ede99dbbbebef3bab2ab">[email protected]</span></a> 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: Aaron Goldschmidt, Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau at 
(202) 418-7146 or <a href="/cdn-cgi/l/email-protection#c081a1b2afaeee87afaca4b3a3a8ada9a4b480a6a3a3eea7afb6"><span class="__cf_email__" data-cfemail="2766465548490960484b4354444f4a4e43536741444409404851">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice released on April 29, 2009. The full text of the public notice 
is available for public inspection and copying during business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554. It also may be purchased from the 
Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554; the contractor's Web site, 
http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 
488-5563, or e-mail <a href="/cdn-cgi/l/email-protection#6127222221232231283624234f020e0c"><span class="__cf_email__" data-cfemail="57111414171514071e0012157934383a">[email protected]</span></a>. Copies of the public notice also 
may be obtained via the Commission's Electronic Comment Filing System 
(ECFS) by entering the docket number, WT Docket No. 08-61 or WT Docket 
No. 03-187. Additionally, the complete item is available on the Federal 
Communications Commission's Web site at http://www.fcc.gov.
    On April 14, 2009, American Bird Conservancy, Defenders of Wildlife 
and National Audubon Society (Petitioners) filed a petition requesting 
that the Federal Communications Commission (Commission) adopt new rules 
on an expedited basis to comply with the National Environmental Policy 
Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird 
Treaty Act (MBTA), and their implementing regulations, and to carry out 
the mandate of the U.S. Court of Appeals for the District of Columbia 
Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC 
Cir. 2008).\1\
---------------------------------------------------------------------------

    \1\ In the Matter of Amendment of Part 1 of the Commission's 
Rules Regarding Environmental Compliance Procedures for Processing 
Antenna Structure Registration Applications, WT Docket No. 08-61, 
filed April 14, 2009 (Petition).
---------------------------------------------------------------------------

    Specifically, Petitioners request that the FCC undertake the 
following actions: Amend the Commission's regulations that implement 
NEPA, ``consistent with Council on Environmental Quality regulations 
and guidance,'' to ``cure deficiencies'' and to ensure that only 
Commission actions that have no significant environmental effects 
individually or cumulatively are categorically excluded; Prepare a 
programmatic environmental impact statement addressing the 
environmental consequences of its Antenna Structure Registration (ASR) 
program on migratory birds, their habitats, and the environment; 
Promulgate rules to clarify the roles, responsibilities and obligations 
of the Commission, applicants, and non-federal representatives in 
complying with the ESA; Consult with the U.S. Fish and Wildlife Service 
on the ASR program regarding all effects of towers and antenna 
structures on endangered and threatened species; and complete the 
proposed rulemaking in WT Docket No. 03-187 to adopt measures to reduce 
migratory bird deaths in compliance with the MBTA.\2\
---------------------------------------------------------------------------

    \2\ Petition at iv-v.
---------------------------------------------------------------------------

    Procedural Matters: This proceeding has been designated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules.\3\ Parties making oral ex parte presentations in this 
proceeding are reminded that memoranda summarizing the presentation 
must contain the presentation's substance and not merely list the 
subjects discussed.\4\ More than a one- or two-sentence description of 
the views and arguments presented is generally required.\5\
---------------------------------------------------------------------------

    \3\ See 47 CFR 1.1200(a), 1.1206.
    \4\ See Commission Emphasizes the Public's Responsibilities in 
Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 
(2000).
    \5\ See 47 CFR 1.1206(b)(2). Other rules pertaining to oral and 
written presentations are also set forth in 1.1206(b). See 47 CFR 
1.1206(b).
---------------------------------------------------------------------------

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments on or 
before May 29, 2009 and reply comments on or before June 15, 2009. 
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 (May 1, 1998).
    Electronic Filers: Comments may be filed electronically using the 
Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/or the 
Federal eRulemaking Portal: http://www.regulations.gov. Filers should 
follow the instructions

[[Page 21614]]

provided on the Web site for submitting comments.
    For ECFS filers, if multiple docket or rulemaking numbers appear in 
the caption of this proceeding, filers must transmit one electronic 
copy of the comments for each docket or rulemaking number referenced in 
the caption. In completing the transmittal screen, filers should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to <a href="/cdn-cgi/l/email-protection#4520262336052326266b222a33"><span class="__cf_email__" data-cfemail="9cf9fffaefdcfaffffb2fbf3ea">[email protected]</span></a>, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    Paper Filers: Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
    U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a4c2c7c7919490e4c2c7c78ac3cbd2">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    Parties shall send one copy of their comments and reply comments to 
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, (800) 378-3160, e-mail <a href="/cdn-cgi/l/email-protection#e0a6a3a3a0a2a3b0a9b7a5a2ce838f8d"><span class="__cf_email__" data-cfemail="37717474777574677e6072751954585a">[email protected]</span></a>. 
Comments filed in response to this document will be available for 
public inspection and copying during business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554, and via the Commission's Electronic 
Comment Filing System (ECFS) by entering the docket number, WT Docket 
No. 08-165. The comments may also be purchased from Best Copy and 
Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, or 
e-mail <a href="/cdn-cgi/l/email-protection#89cfcacac9cbcad9c0decccba7eae6e4"><span class="__cf_email__" data-cfemail="edabaeaeadafaebda4baa8afc38e8280">[email protected]</span></a>.

Federal Communications Commission.
James D. Schlichting,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. E9-10815 Filed 5-7-09; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>