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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations electronic filing requirements under limited circumstances for good cause shown, pursuant to section 1.3 of our rules.32 To qualify for a waiver, the applicant must plead with particularity the facts and circumstances warranting relief.33 For example, the applicant must set forth the specific reasons why electronic filing would constitute an unreasonable burden or expense, including the special circumstances at hand that justify a waiver and how a waiver would serve the public interest.
We expect the number of waiver requests to be small, and we will not routinely grant waivers of our mandatory filing requirement.
12. Confidential Filings. Applicants or other filers that seek to file confidentially or to preserve the confidentiality of a piece of information in a filing may request such treatment under section 0.459 of the Commissions rules.34
III. Procedural Matters 13. Regulatory Flexibility Analysis.
Because these rule changes are being adopted without notice and comment, the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., does not apply.35
14. Paperwork Reduction Act. This Order does not contain new or substantively modified information collections subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413 44 U.S.C. 35013520.
Specifically, the changes to existing information collections, including mandatory electronic filing for Section 325c Applications, IHF Applications, and Dominant Carrier Section 63.10c Quarterly Reports are non-substantive.36
Because these changes are non32 47

CFR 1.3.
Commission may waive its policies or rules upon a showing of good cause and may take into account, on an individual basis, considerations of hardship, equity, or more effective implementation of overall policy. See WAIT Radio v. FCC, 418 F.2d 1153, 1159 D.C. Cir. 1969; see also Ne. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 D.C. Cir. 1990. Waiver of the Commissions policies or rules is appropriate only if both: i Special circumstances warrant a deviation from the general rule; and ii such deviation will serve the public interest. See Network IP, LLC v. FCC, 548
F.3d 116, 127 D.C. Cir. 2008.
34 47 CFR 0.459.
35 See 5 U.S.C. 6012 definition of rule, 604a requiring a final regulatory flexibility analysis when an agency promulgates a final rule after being required . . . to publish a general notice of proposed rulemaking.
36 After the adoption and release of this Order, the Commission submitted the changes to the Office of Management and Budget OMB and received the OMB approvals. The Commission also received emergency approval from OMB for certain requirements that were inadvertently omitted from existing information collections. The relevant OMB
Control numbers are 30600678, 30600686, 3060
1035, 30601133, and 30601290.
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substantive, there is also no new or modified information collection burden for small business concerns with fewer than 25 employees pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C.
3506c4.
15. Congressional Review Act. The Commission will not send a copy of this Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A, because the adopted rules are rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties.37
IV. Ordering Clauses
54399

Commission amends 47 CFR parts 25, 63 and 73 as follows:
PART 25SATELLITE
COMMUNICATIONS
1. The authority citation for part 25
continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

2. Amend 25.111 by revising the second sentence of paragraph d to read as follows:

25.111 Additional information, ITU
filings, and ITU cost recovery.

13. Accordingly, it is ordered that pursuant to Sections 1, 4i, 214, 218, 301, 303, 307, 308b, and 325c of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154i, 214, 218, 301, 303, 307, 308b, 325c, this Order is hereby adopted.
14. It is further ordered that pursuant to Sections 1, 4i, 214, 218, 301, 303, 307, 308b and 325c of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154i, 214, 218, 301, 303, 307, 308b, 325c, the rules discussed herein are adopted and Parts 63 and 73 of the Commissions rules, 47 CFR 63 and 73 are amended as set forth in Appendix A.
15. It is further ordered that this Order, including the revisions to Title 47 of the Code of Federal Regulations shown in Appendix A, shall be effective upon publication in the Federal Register.38
List of Subjects in 47 CFR Parts 25, 63, and 73

d Applicants and licensees must file the declaration electronically in the application file in the International Bureau Filing System IBFS.

PART 63EXTENSION OF LINES, NEW
LINES, AND DISCONTINUANCE, REDUCTION, OUTAGE AND
IMPAIRMENT OF SERVICE BY
COMMON CARRIERS; AND GRANTS
OF RECOGNIZED PRIVATE
OPERATING AGENCY STATUS
3. The authority citation for part 63
continues to read as follows:

Authority: 47 U.S.C. 151, 154i, 154j, 160, 201205, 214, 218, 403, 571, unless otherwise noted.

4. Amend 63.10 by revising paragraph d to read as follows:

63.10 Regulatory classification of U.S.
international carriers.

Final Rules

d A carrier classified as dominant under this section shall file electronically each report required by paragraphs c2, c3, and c4 of this section in the International Bureau Filing System IBFS. Each report filed in IBFS shall clearly identify the report as responsive to the appropriate paragraph of 63.10c.

For the reasons discussed in the preamble, the Federal Communications
PART 73RADIO BROADCAST
SERVICES

Broadcast Stations, Communications, Communications common carriers, Radio, Reporting and recordkeeping requirements, Satellites, Telecommunications.
Federal Communications Commission.
Marlene Dortch, Secretary.

37 See
5 U.S.C. 8043C.
rule changes adopted in this Order and contained in Appendix A constitute procedural rules and are not subject to the effective date provisions of the Administrative Procedure Act. 47
CFR 1.427b rules of procedure may be made effective without regard to the 30-day Federal Register publication requirement. The Administrative Procedure Acts requirement that rules must be published in the Federal Register at least 30 days before their effective date, subject to certain exceptions, applies only to substantive rules. See 5 U.S.C. 553d.
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5. The authority citation for part 73
continues to read as follows:

Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

Subpart FInternational Broadcast Stations 6. Amend 73.702 by revising paragraphs a, b, c, d, e, h2, i

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