60-Day FRN

Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
Comment deals with the construction of
towers and collocation on existing
towers. It does not address or affect preexisting Section 106 issues. Those
issues should be referred to the FCC.
Four comments expressed support for
the efficiencies the Program Comment
will offer in Section 106 reviews.
Two comments offered views on a
concept plan for a nationwide
programmatic agreement circulated
separately by RUS and NTIA. Those
comments will be considered in the
context of that program initiative.
The Colorado Historical Society
requested clarification about the 6-year
term of the Program Comment. This
time period recognizes that ARRAassisted communications facilities
construction may be ongoing for several
years. The ACHP and others will be able
to reevaluate the Program Comment,
and whether to extend its duration prior
to the conclusion of those 6 years.
The Texas Historical Commission
questioned what would happen should
an FCC NPA Section 106 review yield
a finding of adverse effect within a
larger RUS or NTIA undertaking of
multiple components. As explicitly
stated in the Program Comment, RUS,
NTIA, or FEMA will be conducting its
own Section 106 review for the larger
undertaking, but will not have to
consider the effects of the FCC-regulated
component of that larger undertaking.
RUS, NTIA, or FEMA will make effect
determinations based on the non-tower
components of the undertaking. Since it
is possible that the larger undertaking
may not be able to proceed until the
FCC review of the tower component has
concluded, it is expected that RUS,
NTIA, FEMA, and the FCC will
coordinate their review efforts
accordingly and keep consulting parties
appraised.

NTIA, and FEMA must therefore comply
with Section 106 of the National Historic
Preservation Act, 16 U.S.C. 470f, and its
implementing regulations at 36 CFR part 800
(Section 106) for these undertakings. Some of
those communications towers and antennas
are also regulated by the Federal
Communications Commission (FCC), and
therefore undergo, or are exempted from,
Section 106 review under the Nationwide
Programmatic Agreement for Review of
Effects on Historic Properties for Certain
Undertakings Approved by the FCC (FCC
Nationwide PA) and the Nationwide
Programmatic Agreement for the Collocation
of Wireless Antennas (FCC Collocation PA).
The FCC Nationwide PA was executed by the
FCC, the Advisory Council on Historic
Preservation (ACHP), and the National
Conference of State Historic Preservation
Officers (NCSHPO) on October 4, 2004. The
FCC Collocation PA was executed by the
FCC, ACHP, and NCSHPO on March 16,
2001. The undertakings addressed by the
FCC Nationwide PA primarily include the
construction and modification of
communication towers. The undertakings
addressed by the FCC Collocation PA include
the collocation of communications
equipment on existing structures and towers.
This Program Comment is intended to
streamline Section 106 review of the
construction and modification of
communication towers and antennas for
which FCC and RUS, NTIA, or FEMA share
Section 106 responsibility.
Nothing in this Program Comment alters or
modifies the FCC Nationwide PA or the FCC
Collocation PA, or imposes Section 106
responsibilities on the FCC for elements of a
RUS, NTIA, or FEMA undertaking that are
unrelated to a communications facility
within the FCC’s jurisdiction or are beyond
the scope of the FCC Nationwide PA.

II. Final Text of the Program Comment

IV. Use of This Program Comment To
Comply With Section 106 for the Effects of
Facilities Construction or Modification
Reviewed Under the FCC Nationwide PA
and/or the FCC Collocation PA
RUS, NTIA and FEMA will not need to
comply with Section 106 with regard to the
effects of communication facilities
construction or modification that has either
undergone or will undergo Section 106
review, or is exempt from Section 106
review, by the FCC under the FCC
Nationwide PA and/or the FCC Collocation
PA. For purposes of this program comment,
review under the FCC Nationwide PA means
the historic preservation review that is
necessary to complete the FCC’s Section 106
responsibility for an undertaking that is
subject to the FCC Nationwide PA.
When an RUS, NTIA, or FEMA
undertaking includes both communications
facilities construction or modification
covered by the FCC Nationwide PA or

The text of the issued Program
Comment is included below:

srobinson on DSKHWCL6B1PROD with NOTICES

Program Comment for Streamlining
Section 106 Review for Wireless
Communication Facilities Construction and
Modification Subject to Review Under the
FCC Nationwide Programmatic Agreement
and/or the Nationwide Programmatic
Agreement for the Collocation of Wireless
Antennas.
I. Background
The Rural Utilities Service (RUS), the
National Telecommunications and
Information Administration (NTIA), and the
Federal Emergency Management Agency
(FEMA) provide financial assistance to
applicants for various undertakings,
including broadband deployment, which can
involve the construction and placement of
communications towers and antennas. RUS,

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II. Establishment and Authority
This Program Comment was issued by the
ACHP on October 23, 2009 pursuant to 36
CFR 800.14(e).
III. Date of Effect
This Program Comment went into effect on
October 23, 2009.

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Collocation PA and components in addition
to such communication facilities
construction or modification, RUS, NTIA, or
FEMA, as applicable, will comply with
Section 106 in accordance with the process
set forth at 36 CFR 800.3 through 800.7, or
36 CFR 800.8(c), or another applicable
alternate procedure under 36 CFR 800.14, but
will not have to consider the effects of the
communication facilities construction or
modification component of the undertaking
on historic properties. Whenever RUS, NTIA,
or FEMA uses this Program Comment for
such undertakings, RUS, NTIA or FEMA will
apprise the relevant State Historic
Preservation Officer (SHPO) or Tribal
Historic Preservation Officer (THPO) of the
use of this Program Comment for the relevant
communication facilities construction or
modification component.
V. Amendment
The ACHP may amend this Program
Comment after consulting with FCC, RUS,
NTIA, FEMA, and other parties as
appropriate, and publishing notice in the
Federal Register to that effect.
VI. Sunset Clause
This Program Comment will terminate on
September 30, 2015, unless it is amended to
extend the period in which it is in effect.
VII. Termination
The ACHP may terminate this Program
Comment by publication of a notice in the
Federal Register thirty (30) days before the
termination takes effect.
Authority: 36 CFR 800.14(e).
Dated: November 10, 2009.
Reid Nelson,
Acting Executive Director.
[FR Doc. E9–27798 Filed 11–19–09; 8:45 am]
BILLING CODE 4310–K6–M

DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
Agency Information Collection
Activities: Visa Waiver Program Carrier
Agreement (Form I–775)
AGENCY: U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for
comments; Revision of an existing
information collection: 1651–0110.
SUMMARY: As part of its continuing effort
to reduce paperwork and respondent
burden, CBP invites the general public
and other Federal agencies to comment
on the Visa Waiver Program Carrier
Agreement (Form I–775). This request
for comment is being made pursuant to
the Paperwork Reduction Act of 1995
(Pub. L. 104–13; 44 U.S.C. 3505(c)(2)).

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srobinson on DSKHWCL6B1PROD with NOTICES

60282

Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices

DATES: Written comments should be
received on or before January 19, 2010,
to be assured of consideration.
ADDRESSES: Direct all written comments
to U.S. Customs and Border Protection,
Attn: Tracey Denning, Office of
Regulations and Rulings, 799 9th Street,
NW., 7th Floor, Washington, DC 20229–
1177.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Tracey Denning,
U.S. Customs and Border Protection,
Office of Regulations and Rulings, 799
9th Street, NW., 7th Floor, Washington,
DC 20229–1177, at 202–325–0265.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (Pub. L. 104–13;
44 U.S.C. 3505(c)(2)). The comments
should address: (a) Whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimates of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden including
the use of automated collection
techniques or the use of other forms of
information technology; and (e)
estimates of capital or start-up costs and
costs of operations, maintenance, and
purchase of services to provide
information. The comments that are
submitted will be summarized and
included in the request for Office of
Management and Budget (OMB)
approval. All comments will become a
matter of public record. In this
document the CBP is soliciting
comments concerning the following
information collection:
Title: Visa Waiver Program Carrier
Agreement .
OMB Number: 1651–0110.
Form Number: I–775.
Abstract: Pursuant to section 217 of
the Immigration and Nationality Act
(INA), paragraphs (a) and (e) and 8 CFR
217.6, all carriers must enter into an
agreement with CBP in order to
transport passengers to the United
States under the Visa Waiver Program
(VWP). Form I–775 functions as the
agreement between CBP and carriers,
serving to hold the carriers liable for
transportation costs and to ensure the
completion of required forms. CBP is
proposing to adjust the burden hours for
this collection of information because

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the estimated response time has
decreased from 2 hours to 30 minutes.
CBP is also proposing to add new
provisions to this Agreement including:
(1) A prohibition on transporting any
alien who is not authorized by the
Electronic System for Travel
Authorization (ESTA) to travel to the
United States under the VWP; (2) a
requirement that carriers applying to
become signatory to a visa waiver
contract with CBP have must have paid
all their User Fee obligations and any
previous penalties under the INA or
U.S. Customs laws; (3) a requirement
that carriers applying to become
signatory to the VWP with CBP must
post a bond sufficient to cover the total
penalty amounts for violations that were
imposed against the carrier during the
previous fiscal year; (4) a provision that
if the carrier ceases operations in the
United States, then the agreement
becomes null and void; and, (5) a
provision that the Agreement must be
renewed every seven years. In addition,
CBP proposes to add a statement to
Form I–775 regarding the submission of
electronic arrival and departure
manifests by carriers, which is an
existing requirement provided under 8
CFR 217.7(a) and (b).
Current Actions: This submission is
being made to extend the expiration
date with a revision to the burden
hours.
Type of Review: Extension (with
change).
Affected Public: Businesses.
Estimated Number of Respondents:
400.
Estimated Time per Respondent: 30
minutes.
Estimated Total Annual Burden
Hours: 200.
Dated: November 17, 2009.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. E9–27904 Filed 11–19–09; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form N–400, Extension of
an Existing Information Collection;
Comment Request
ACTION: 30-Day Notice of Information
Collection Under Review; Form N–400,
Application for Naturalization; OMB
Control No. 1615–0052.

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The Department of Homeland
Security, U.S. Citizenship and
Immigration Services (USCIS) has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection was
previously published in the Federal
Register on September 3, 2009, at 74 FR
45648, announcing a revision to the
form and instructions. However, USCIS
has decided not to revise the form or
instructions at this time. Should USCIS
decide to revise the form and
instructions in the near future it will
once again publish a 60-day notice in
the Federal Register and allow the
public 60-days to submit comments.
USCIS did receive two comments on the
September 3, 2009, notice. USCIS
responded to those two comments in
item 8 of the supporting statement that
will be posted on http://
www.regulations.gov.
The purpose of this notice is to allow
an additional 30 days for public
comments on the extension. Comments
are encouraged and will be accepted
until December 21, 2009. This process is
conducted in accordance with 5 CFR
1320.10.
Written comments and/or suggestions
regarding the item(s) contained in this
notice, especially regarding the
estimated public burden and associated
response time, should be directed to the
Department of Homeland Security
(DHS), and to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), USCIS
Desk Officer. Comments may be
submitted to: USCIS, Chief, Regulatory
Products Division, Clearance Office, 111
Massachusetts Avenue, Washington, DC
20529–2210. Comments may also be
submitted to DHS via facsimile to 202–
272–8352 or via e-mail at
rfs.regs@dhs.gov, and to the OMB USCIS
Desk Officer via facsimile at 202–395–
5806 or via e-mail at
oira_submission@omb.eop.gov.
When submitting comments by email, please make sure to add OMB
Control No. 1615–0052 in the subject
box. Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,

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