[Federal Register: February 21, 2008 (Volume 73, Number 35)]
[Rules and Regulations]
[Page 9462-9463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe08-17]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 08-27]
Amendment of Part 0 of the Commission's Rules to Delegate
Administration of Part 4 of the Commission's Rule to the Public Safety
and Homeland Security Bureau
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In the Order, the Federal Communications Commission
(Commission) amended the Commission's rules to delegate authority to
the Public Safety and Homeland Security Bureau to administer the
Commission's rules that pertain to disruptions to communications. This
delegation is consistent with the purpose and functions of the Bureau
to promote a more efficient, effective and responsive organizational
structure and to better promote and address public safety, homeland
security, national security, emergency management and preparedness,
disaster management, and related issues. Establishment of the Public
Safety and Homeland Security Bureau, Order, 21 FCC Rcd 13655 (2006).
DATES: Effective February 21, 2008.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Room TW-A325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Robert Krinsky, Attorney Advisor,
Communications Systems Analysis Division, Public Safety and Homeland
Security Bureau, Federal Communications Commission at (202) 418-2909;
Robert.Krinsky@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's non-
docketed Order, FCC 08-27, adopted January 28, 2008 and released on
January 30, 2008. The complete text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. This document may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.,
in person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or
via e-mail at FCC@BCPIWEB.COM. Alternative formats (computer diskette,
large print, audio cassette, and Braille) are available to persons with
disabilities by sending an e-mail to FCC504@fcc.gov or calling the
Consumer and Governmental Affairs Bureau at (202) 418-0530, TTY (202)
418-0432. This document is also available on the Commission's Web site
at http://www.fcc.gov.
Synopsis of the Order
1. In the Order, the Commission amends its rules to delegate
authority to the Public Safety and Homeland Security Bureau (Bureau) to
administer part 4 of the Commission's rules, which pertain to
disruptions to communications.
2. On March 17, 2006, the Commission established the Bureau in
order to promote a more efficient, effective and responsive
organizational structure and to better promote and address public
safety, homeland security, national security, emergency management and
preparedness, disaster management, and related issues. Establishment of
the Public Safety and Homeland Security Bureau, Order, 21 FCC Rcd 13655
(2006). The delegation of authority to the Bureau to administer the
part 4 rules is consistent with the purpose and functions of the
Bureau.
3. The delegation of this authority to the Bureau comports with
Sec. 0.191(g) of the Commission's rules, which provides, in pertinent
part, that the Bureau ``[c]onducts studies of public safety, homeland
security, national security, emergency management and preparedness,
disaster management, and related issues. Develops and administers
recordkeeping and reporting requirements for communications companies
pertaining to these issues. Administers any Commission information
collection requirements pertaining to public safety, homeland security,
national security, emergency management and preparedness, disaster
management, and related issues.'' 47 CFR 0.191(g). The delegation of
this authority to the Bureau is also consistent with Sec. 0.392 of the
Commission's rules, 47 CFR 0.392, which gives the Bureau delegated
[[Page 9463]]
authority to perform all functions of the Bureau described in Sec.
0.191 of the Commission's rules. Further, the action we take in this
Order is consistent with Sec. 4.11 of the Commission's rules, which
states that when outage reports cannot be submitted electronically
using the Commission-approved Web-based system, written reports should
be filed and all hand-delivered outage reports should be addressed to
the Federal Communications Commission, The Office of Secretary,
Attention: Chief, Public Safety & Homeland Security Bureau. 47 CFR
4.11.
4. Authority for the adoption of the foregoing revisions is
contained in sections 1, 4(i), 4(j), 5(b), 5(c), 201(b) and 303(r) of
the Communications Act of 1934, as amended. 47 U.S.C. 151, 154(i),
154(j), 155(b), 155(c), 201(b) and 303(r).
5. The adopted amendments pertain to agency organization, procedure
and practice. Consequently, the notice and comment provisions of the
Administrative Procedure Act contained in 5 U.S.C. 553(b) are
inapplicable.
6. Accordingly, the Commission ordered that part 0 of the
Commission Rules, set forth in Title 47 of the Code of Federal
Regulations, be amended to delegate authority to the Public Safety and
Homeland Security Bureau to administer part 4 of the Commission's
rules, which pertain to disruptions to communications.
List of Subjects in 47 CFR Part 0
Organizations and functions (Government agencies).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons set forth in the preamble, the Federal Communications
Commission amends part 0 of Title 47 of the Code of Federal Regulations
as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Section 0.31 is amended by revising paragraph (i) to read as
follows:
Sec. 0.31 Functions of the Office.
* * * * *
(i) To administer parts 2, 5, 15, and 18 of this chapter, including
licensing, recordkeeping, and rule making.
* * * * *
0
3. Section 0.191 is amended by revising paragraph (g) to read as
follows:
Sec. 0.191 Functions of the Bureau.
* * * * *
(g) Conducts studies of public safety, homeland security, national
security, emergency management and preparedness, disaster management,
and related issues. Develops and administers recordkeeping and
reporting requirements for communications companies pertaining to these
issues. Administers any Commission information collection requirements
pertaining to public safety, homeland security, national security,
emergency management and preparedness, disaster management, and related
issues, including the communications disruption reporting requirements
set forth in part 4 of this chapter and revision of the filing system
and template used for the submission of those communications disruption
reports.
* * * * *
0
4. Section 0.241 is amended by revising paragraph (a)(1), removing
paragraph (d), and redesignating paragraphs (e) through (i) as (d)
through (h) to read as follows:
Sec. 0.241 Authority delegated.
* * * * *
(a) * * *
(1) Notices of proposed rulemaking and of inquiry and final orders
in rulemaking proceedings, inquiry proceedings and non-editorial orders
making changes.
* * * * *
0
5. Section 0.392 is amended by adding new paragraph (i) to read as
follows:
Sec. 0.392 Authority delegated.
* * * * *
(i) The Chief of the Public Safety and Homeland Security Bureau is
delegated authority to administer the communications disruption
reporting requirements contained in part 4 of this chapter and to
revise the filing system and template used for the submission of such
communications disruption reports.
[FR Doc. E8-3135 Filed 2-20-08; 8:45 am]
BILLING CODE 6712-01-P