3444 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 

(October 4, 1993)) and therefore not 

subject to review under this Executive 

Order. 

This final action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355 (May 22, 2001)) because it is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy. 

This final action is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885 

(April 23, 1997)) because it is not 

economically significant as defined in 

Executive Order 12866 and because we 

have no reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

This final action is not subject to 

Executive Order 13132, ‘‘Federalism’’ 

(64 FR 43255 (August 10, 1999)). It will 

not have substantial direct effects on the 

State, on the relationship between the 

national government and the State, or 

on the distribution of power and 

responsibilities among the various 

levels of government. The CAA 

established the scheme whereby states 

take the lead in developing plans to 

meet the NAAQS and the Federal 

Government acts as a backstop where 

states fail to take the required actions. 

This rule will not modify the 

relationship of the State and EPA for 

purposes of developing programs to 

implement the NAAQS. 

This final action is not subject to 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments’’ (65 FR 67249 (November 

6, 2000)). It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. 

B. Federal Acts 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule is not subject to the 

RFA because it was not subject to notice 

and comment rulemaking under the 

APA or any other statute. In addition we 

have invoked the ‘‘good cause’’ 

exception to notice and comment 

rulemaking under 5 U.S.C. 553(b) for 

this rule. 

Under section 202 of the Unfunded 

Mandates Reform Act of 1995, we must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State, 

local, or tribal governments in the 

aggregate; or to private sector, of $100 

million or more. Today’s action does not 

include a Federal mandate that may 

result in estimated costs of $100 million 

or more to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. The CAA provision 

discussed in this rule requires states to 

submit SIPs, and this rule merely 

provides a finding that California has 

not met that requirement. Accordingly, 

no additional costs to State, local, or 

tribal governments, or to the private 

sector, result from this action. 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 (15 U.S.C. 272) directs 

EPA to use ‘‘voluntary consensus 

standards’’ (VCS) in its regulatory 

activities unless doing so would be 

inconsistent with applicable law or 

otherwise impractical. VCS are 

technical standards that are developed 

or adopted by VCS bodies. This action 

does not involve technical standards; 

therefore, we did not consider the use 

of any VCS. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., 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 rule 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 rule is not a ‘‘major’’ rule as 

defined by 5 U.S.C. 804(2) and will be 

effective January 21, 2009. 

C. Petitions for Judicial Review 

Under CAA section 307(b)(1), 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 23, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 CAA 

section 307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovermental relations, 

Ozone, Volatile organic compounds. 

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

Dated: January 8, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–1107 Filed 1–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[DA 08–2125] 

Amendment of the Commission’s 

Rules, Concerning Commission 

Organization, Practice and Procedure, 

Frequency Allocations and Radio 

Treaty Matters; General Rules and 

Regulations, Tariffs, Miscellaneous 

Rules Relating to Common Carriers, 

Radio Broadcast Services, and 

Stations in the Maritime Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: In this document, we correct 

an inadvertent error by adding the text 

of two previously removed rules 

concerning attachment of charges and 

payment of charges, and correcting the 

typographical errors previously 

published. 

DATES: Effective January 21, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Warren Firschein, Office of Managing 

Director at (202) 418–0844. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the FCC’s Erratum, DA 08– 

2125, released on September 19, 2008. 

On January 25, 2008, the Managing 

Director released an Order, DA 08–122, 

in the above-captioned proceeding and 

it was published in the Federal Register 

at 73 FR 9017, February 19, 2008. This 

Erratum corrects an inadvertent error by 

reinserting two rules that were 

eliminated and correcting typographical 

errors in the Appendix. Accordingly, 

this Erratum corrects the final 

regulations by revising these sections of 

the Order as indicated below. 

Note: All references to §§ 1.1110 through 

§§ 1.1119 in the Commission’s rules, which 

are now renumbered as §§ 1.1112 through 


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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 3445 

§§ 1.1121, are amended to reflect these 

changes. 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure. 

Federal Communications Commission. 

Anthony J. Dale, 

Managing Director. 

■ Accordingly, 47 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 303(r), and 

309. 

■ 2. Re-designate §§ 1.1110 through 

§§ 1.1119 as §§ 1.1112 through 

§§ 1.1121, respectively. 

■ 3. Add § 1.1110 to read as follows: 

§ 1.1110 Attachment of charges. 

The charges required to accompany a 

request for the Commission’s regulatory 

services listed in §§ 1.1102 through 

1.1109 of this subpart will not be 

refundable to the applicant irrespective 

of the Commission’s disposition of that 

request. Return or refund of charges will 

be made only in certain limited 

instances as set out at § 1.1115 of this 

subpart. 

■ 4. Add § 1.1111 to read as follows: 

§ 1.1111 Payment of charges. 

(a) The schedule of fees for 

applications and other filings (Bureau/ 

Office Fee Filing Guides) lists those 

applications and other filings that must 

be accompanied by an FCC Form 159, 

Remittance Advice’ or the electronic 

version of the form, FCC Form 159–E, 

one of the forms that is automatically 

generated when an applicant accesses 

the Commission’s on-line filing and 

payment process. 

(b) Applicants may access the 

Commission’s on-line filing (http:// 

www.fcc.gov/e-file.html) and fee 

payment program by accessing (http:// 

www.fcc.gov/feefiler.html). Applicants 

who use the on-line process will be 

directed to the appropriate electronic 

application and payment forms for 

completion and submission of the 

required application(s) and payment 

information. 

(c) Applications and other filings that 

are not submitted in accordance with 

these instructions will be returned as 

unprocessable. 

Note to paragraph (c): This requirement for 

the simultaneous submission of fee forms 

with applications or other filings does not 

apply to the payment of fees for which the 

Commission has established a billing 

process. See § 1.1121 of this subpart. 

(d) Applications returned to 

applicants for additional information or 

corrections will not require an 

additional fee when resubmitted, unless 

the additional information results in an 

increase of the original fee amount. 

Those applications not requiring an 

additional fee should be resubmitted 

directly to the Bureau/Office requesting 

the additional information. The original 

fee will be forfeited if the additional 

information or corrections are not 

resubmitted to the appropriate Bureau/ 

Office by the prescribed deadline. A 

forfeited application fee will not be 

refunded. If an additional fee is 

required, the original fee will be 

returned and the application must be 

resubmitted with a new remittance in 

the amount of the required fee to the 

Commission’s lockbox bank. Applicants 

should attach a copy of the 

Commission’s request for additional or 

corrected information to their 

resubmission. 

(1) If the Bureau/Office staff discovers 

within 30 days after the resubmission 

that the required fee was not submitted, 

the application will be dismissed. 

(2) If after 30 days the Bureau/Office 

staff discovers the required fee has not 

been paid, the application will be 

retained and a 25 percent late fee will 

be assessed on the deficient amount 

even if the Commission has completed 

its action on the application. Any 

Commission actions taken prior to 

timely payment of these charges are 

contingent and subject to recession. 

(e) Should the staff change the status 

of an application, resulting in an 

increase in the fee due, the applicant 

will be billed for the remainder under 

the conditions established by 

§ 1.1118(b) of the rules. 

Note to paragraph (e): Due to the statutory 

requirements applicable to tariff filings, the 

procedures for handling tariff filings may 

vary from the procedures set out in the rules. 

■ 5. Amend newly re-designated 

§ 1.1112 by revising paragraph (a)(2) to 

read as follows: 

§ 1.1112 Form of payment. 

(a) * * * 

(2) It is the responsibility of the payer 

to insure that any electronic payment is 

made in the manner required by the 

Commission. Failure to comply with the 

Commission’s procedures will result in 

the return of the application or other 

filing. 

* * * * * 

■ 6. Amend newly re-designated 

§ 1.1113 by revising paragraphs (a) and 

(c) to read as follows: 

§ 1.1113 Filing locations. 

(a) Except as noted in this section, 

applications and other filings, with 

attached fees and FCC Form 159, must 

be submitted to the locations and 

addresses set forth in §§ 1.1102 through 

1.1109. 

(1) Tariff filings shall be filed with the 

Secretary, Federal Communications 

Commission, Washington DC 20554. On 

the same day, the filer should submit a 

copy of the cover letter, the FCC Form 

159, and the appropriate fee to the 

Commission’s lockbox bank at the 

address established in § 1.1105. 

(2) Bills for collection will be paid at 

the Commission’s lockbox bank at the 

address of the appropriate service as 

established in §§ 1.1102 through 1.1109, 

as set forth on the bill sent by the 

Commission. Payments must be 

accompanied by the bill sent by the 

Commission. Payments must be 

accompanied by the bill to ensure 

proper credit. 

(3) Petitions for reconsideration or 

applications for review of fee decisions 

pursuant to § 1.1119(b) of this subpart 

must be accompanied by the required 

fee for the application or other filing 

being considered or reviewed. 

(4) Applicants claiming an exemption 

from a fee requirement for an 

application or other filing under 47 

U.S.C. 158(d)(1) or § 1.1116 of this 

subpart shall file their applications in 

the appropriate location as set forth in 

the rules for the service for which they 

are applying, except that request for 

waiver accompanied by a tentative fee 

payment should be filed at the 

Commission’s lockbox bank at the 

address for the appropriate service set 

forth in §§ 1.1102 through 1.1109. 

* * * * * 

(c) Fees for applications and other 

filings pertaining to the Wireless Radio 

Services that are submitted 

electronically via ULS may be paid 

electronically or sent to the 

Commission’s lock box bank manually. 

When paying manually, applicants must 

include the application file number 

(assigned by the ULS electronic filing 

system on FCC Form 159) and submit 

such number with the payment in order 

for the Commission to verify that the 

payment was made. Manual payments 

must be received no later than ten (10) 

days after receipt of the application on 

ULS or the application will be 

dismissed. Payment received more than 

ten (10) days after electronic filing of an 

application on a Bureau/Office 


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3446 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 

electronic filing system (e.g., ULS) will 

be forfeited (see §§ 1.934 and 1.1111.) 

* * * * * 

■ 7. In newly re-designated § 1.1114, 

add and reserve paragraph (b)(1)(ii). 

■ 8. In newly re-designated § 1.1115, 

revise paragraph (a)(1) to read as 

follows: 

§ 1.1115 Return or refund of charges. 

(a) * * * 

(1) When no fee is required for the 

application or other filing. (see 

§ 1.1111). 

* * * * * 

■ 9. In newly re-designated § 1.1116, 

revise the introductory text to read as 

follows: 

§ 1.1116 General exemptions to charges. 

No fee established in §§ 1.1102 

through 1.1109 of this subpart, unless 

otherwise qualified herein, shall be 

required for: 

* * * * * 

■ 10. In newly re-designated § 1.1117, 

revise paragraph (a) introductory text to 

read as follows: 

§ 1.1117 Adjustments to charges. 

(a) The Schedule of Charges 

established by §§ 1.1102 through 1.1109 

of this subpart shall be reviewed by the 

Commission on October 1, 1999 and 

every two years thereafter, and 

adjustments made, if any, will be 

reflected in the next publication of 

Schedule of Charges. 

* * * * * 

■ 11. In newly re-designated § 1.1118, 

revise paragraph (a) introductory text 

and paragraph (d) to read as follows: 

§ 1.1118 Penalty for late or insufficient 

payments. 

(a) Filings subject to fees and 

accompanied by defective fee 

submissions will be dismissed under 

§ 1.1111 (d) of this subpart where the 

defect is discovered by the 

Commission’s staff within 30 calendar 

days from the receipt of the application 

or filing by the Commission. 

* * * * * 

(d) Failure to submit fees, following 

notice to the applicant of failure to 

submit the required fee, is subject to 

collection of the fee, including interest 

thereon, any associated penalties, and 

the full cost of collection to the Federal 

government pursuant to the provisions 

of the Debt Collection Improvement Act 

of 1996 (DCIA), Public Law 104–134, 

110 Stat. 1321, 1358 (Apr. 26, 1996), 

codified at 31 U.S.C. 3711 et seq. See 47 

CFR 1.1901 through 1.1952. The debt 

collection processes described above 

may proceed concurrently with any 

other sanction in this paragraph. 

■ 12. In newly re-designed § 1.1119, 

revise paragraphs (c) introductory text 

and (e) to read as follows: 

§ 1.1119 Petitions and applications for 

review. 

* * * * * 

(c) Petitions for waivers, deferrals, fee 

determinations, reconsiderations and 

applications for review will be acted 

upon by the Managing Director with the 

concurrence of the General Counsel. All 

such filings within the scope of the fee 

rules shall be filed as a separate 

pleading and clearly marked to the 

attention of the Managing Director. Any 

such request that is not filed as a 

separate pleading will not be considered 

by the Commission. Requests for 

deferral of a fee payment for financial 

hardship must be accompanied by 

supporting documentation. 

* * * * * 

(e) Applicants seeking waivers must 

submit the request for waiver with the 

application or filing, required fee and 

FCC Form 159, or a request for deferral. 

A petition for waiver and/or deferral of 

payment must be submitted to the 

Office of the Managing Director as 

specified in paragraph (c) of this 

section. Waiver requests that do not 

include these materials will be 

dismissed in accordance with § 1.1111 

of this subpart. Submitted fees will be 

returned if a waiver is granted. The 

Commission will not be responsible for 

delays in acting upon these requests. 

* * * * * 

■ 13. In newly re-designated § 1.1120, 

revise paragraph (a) to read as follows: 

§ 1.1120 Error claims. 

(a) Applicants who wish to challenge 

a staff determination of an insufficient 

fee or delinquent debt may do so in 

writing. A challenge to a determination 

that a party is delinquent in paying the 

full application fee must be 

accompanied by suitable proof that the 

fee had been paid or waived (or deferred 

from payment during the period in 

question), or by the required application 

payment and any assessment penalty 

payment (see § 1.1118) of this subpart). 

Failure to comply with these procedures 

will result in dismissal of the challenge. 

These claims should be addressed to the 

Federal Communications Commission, 

Attention: Financial Operations, 445 

12th St., SW., Washington, DC 20554 or 

e-mailed to ARINQUIRIES@fcc.gov. 

* * * * * 

■ 14. In newly re-designated § 1.1121, 

revise paragraph (b) to read as follows: 

§ 1.1121 Billing procedures. 

* * * * * 

(b) In these cases, the appropriate fee 

will be determined by the Commission 

and the filer will be billed for that fee. 

The bill will set forth the amount to be 

paid, the date on which payment is due, 

and the address to which the payment 

should be submitted. See also § 1.1113 

of this subpart. 

[FR Doc. E9–1137 Filed 1–16–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 080721859–81514–02] 

RIN 0648–AX01 

Fisheries of the Exclusive Economic 

Zone Off Alaska, Groundfish of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a regulatory 

amendment to exempt fishermen using 

dinglebar fishing gear in federal waters 

of the Gulf of Alaska from the 

requirement to carry a vessel monitoring 

system (VMS). This action is necessary 

because the risk of damage posed to 

protected corals in the Gulf of Alaska by 

the dinglebar gear fishery is minor and 

insufficient to justify the costs of VMS. 

This action is intended to promote the 

goals and objectives of the Magnuson– 

Stevens Fishery Conservation and 

Management Act, the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska, and other applicable 

law. 

DATES: Effective February 20, 2009. 

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA) and 

the Initial Regulatory Flexibility 

Analysis (IRFA) prepared for this action 

may be obtained from the Alaska Region 

website at http:// 

alaskafisheries.noaa.gov. Printed copies 

can be obtained from the Alaska Region 

NMFS, P.O. Box 21668, Juneau, AK 

99802, Attn: Ellen Sebastian. 

FOR FURTHER INFORMATION CONTACT: Ben 

Muse, 907–586–7234. 

SUPPLEMENTARY INFORMATION: 

Groundfish fisheries in the Gulf of 


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