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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Proposed Rules this auction because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. Moreover, the definition of small business also requires that an entity not be dominant in its field of operation and that the entity be independently owned and operated.
The estimate of small businesses to which the proposed competitive bidding rules may apply does not exclude any radio station from the definition of a small business on these bases and is therefore over-inclusive to that extent. Furthermore, it is not possible at this time to define or quantify the criteria that would establish whether a specific radio station is dominant in its field of operation. In addition, it is difficult to assess these criteria in the context of media entities and therefore estimates of small businesses to which they apply may be over-inclusive to this extent.
61. Further, it is not possible to accurately develop an estimate of how many of the entities in this auction would be small businesses based on the number of small entities that applied to participate in prior broadcast auctions, because that information is not collected from applicants for broadcast auctions in which bidding credits are not based on an applicants size as is the case in auctions of licenses for wireless services.
62. In 2013, the Commission estimated that 97% of radio broadcasters met the SBAs prior definition of small business concern, based on annual revenues of $7 million.
The SBA has since increased in NAICS
code 515112 of 13 CFR 121.201 that revenue threshold to $41.5 million, which suggests that an even greater percentage of radio broadcasters would fall within the SBAs definition. The Commission has estimated the number of licensed commercial AM radio stations to be 4,347 and the number of commercial FM radio stations to be 6,699 for a total number of 11,046. As of January 2021, 4,347 AM stations and 6,694 FM stations had revenues of $41.5
million or less, according to Commission staff review of the BIA
Database. Accordingly, based on this data, OEA and MB estimate that the majority of Auction 109 applicants would likely meet the SBAs definition of a small business concern.
63. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities. In the Auction 109 Comment Public Notice, no new reporting, recordkeeping, or other compliance requirements for small entities or other auction applicants are proposed. The
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Commission designed the auction application process itself to minimize reporting and compliance requirements for applicants, including small business applicants. To participate in this auction, parties will file streamlined, short-form applications in which they certify under penalty of perjury as to their qualifications. Eligibility to participate in bidding is based on an applicants short-form application and certifications, as well as its upfront payment. In the second phase of the auction process, there are additional compliance requirements for winning bidders. Thus, a small business that fails to become a winning bidder does not need to file a long-form application and provide the additional showings and more detailed demonstrations required of a winning bidder.
64. Steps Taken to Minimize the Significant Economic Impact of Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives among others: 1 The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; 2 the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities;
3 the use of performance rather than design standards; and 4 an exemption from coverage of the rule, or any part thereof, for such small entities. 5 U.S.C.
603c14.
65. OEA and MB intend that the proposals of the Auction 109 Comment Public Notice to facilitate participation in Auction 109 will result in both operational and administrative cost savings for small entities and other auction participants. In light of the numerous resources that will be available from the Commission at no cost, the processes and procedures proposed in the Auction 109 Comment Public Notice should result in minimal economic impact on small entities. For example, prior to the start of bidding, the Commission will hold a mock auction to allow qualified bidders the opportunity to familiarize themselves with both the bidding processes and systems that will be used in Auction 109. During the auction, participants will be able to access and participate in bidding via the internet using a webbased system, or telephonically, providing two cost-effective methods of participation and avoiding the cost of travel for in-person participation.

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Further, small entities as well as other auction participants will be able to avail themselves of a telephone hotline for assistance with auction processes and procedures as well as a telephone technical support hotline to assist with issues such as access to or navigation within the electronic FCC Form 175 and use of the FCCs auction system. In addition, all auction participants, including small business entities, will have access to various other sources of information and databases through the Commission that will aid in both their understanding of and participation in the process. These mechanisms are made available to facilitate participation by all qualified bidders and may result in significant cost savings for small business entities that utilize these mechanisms. These steps, coupled with the advance description of the bidding procedures, should ensure that the auction will be administered efficiently and fairly, thus providing certainty for small entities, as well as other auction participants.
66. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules. None.
Federal Communications Commission.
Marlene Dortch, Secretary.
FR Doc. 202104033 Filed 3121; 4:15 pm BILLING CODE 671201P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR2ES20200130;
FF09E21000 FXES11110900000 212
RIN 1018BF21

Endangered and Threatened Wildlife and Plants; Endangered Species Status for Arizona Eryngo and Designation of Critical Habitat Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, announce a 12-month finding on a petition to list the Arizona eryngo Eryngium sparganophyllum, a plant species native to Arizona and New Mexico in the United States, and to Sonora and Chihuahua in Mexico, as an endangered species and to designate critical habitat in Arizona under the Endangered Species Act of 1973, as amended Act.
After a review of the best available scientific and commercial information,
SUMMARY:

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