Lifeline and Link Up Reform and Modernization, Advancing Broadband Availability Through Digital Literacy Training, 38533-38535 [2012-15626]
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Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations
H. Where are the revised state rules
different from the Federal rules?
In this authorization of the State of
Louisiana program revisions for Cluster
XX rules, there are no provisions that
are more stringent or broader in scope.
I. Who handles permits after the
authorization takes effect?
Louisiana will issue permits for all
the provisions for which it is authorized
and will administer the permits it
issues. The EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits which we
issued prior to the effective date of this
authorization. We will not issue any
more new permits or new portions of
permits for the provisions listed in the
Table in this document after the
effective date of this authorization. The
EPA will continue to implement and
issue permits for HSWA requirements
for which Louisiana is not yet
authorized.
J. How does today’s action affect Indian
Country in Louisiana?
Louisiana is not authorized to carry
out its Hazardous Waste Program in
Indian Country within the State. This
authority remains with EPA. Therefore,
this action has no effect in Indian
Country.
wreier-aviles on DSK5TPTVN1PROD with RULES
K. What is codification and is the EPA
codifying Louisiana’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart T for this
authorization of Louisiana’s program
changes until a later date. In this
authorization application the EPA is not
codifying the rules documented in this
Federal Register notice.
M. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). Because this
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action authorizes preexisting
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4). For the same
reason, this action also does not
significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
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38533
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, 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. The EPA will
submit a report containing this
document 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 in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective August 27, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: June 15, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2012–15872 Filed 6–27–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 11–42, 03–109, 12–23 and
CC Docket No. 96–45; FCC 12–11]
Lifeline and Link Up Reform and
Modernization, Advancing Broadband
Availability Through Digital Literacy
Training
Federal Communications
Commission.
ACTION: Correcting amendments.
AGENCY:
This document contains
corrections to the final rules in 47 CFR
part 54, which were published in the
SUMMARY:
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38534
Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations
Federal Register March 2, 2012, (77 FR
12952). A correction to the final
regulations in part 54 was published in
the Federal Register March 30, 2012 (77
FR 19125). The regulations relate to the
Federal Communications Commission’s
initiatives to comprehensively reform
and modernize the Universal Service
Lifeline program. The reforms adopted
will substantially strengthen protections
against waste, fraud, and abuse; improve
program administration and
accountability; improve enrollment and
consumer disclosures; initiate
modernization of the program for
broadband; and constrain the growth of
the program in order to reduce the
burden on all who contribute to the
Universal Service Fund.
DATES: These correcting amendments
are effective June 28, 2012.
FOR FURTHER INFORMATION CONTACT:
Kimberly Scardino, Wireline
Competition Bureau, (202) 418–7400 or
TTY: (202) 418–0484.
SUPPLEMENTARY INFORMATION:
Background
Part 54 rules are issued pursuant to
the Communications Act of 1934, as
amended. The purpose of the part 54
rules is to implement section 254 of the
Communications Act of 1934, as
amended. 47 U.S.C. 254. This action
corrects the final regulation
implemented at §§ 54.407, 54.409,
54.410, 54.412, 54.416, 54.417, 54.420,
and 54.422, of the Commission’s rules.
47 CFR 54.407, 54.409, 54.410, 54.412,
54.416, 54.417, 54.420, and 54.422.
Need for Correction
The March 2, 2012, Federal Register
Summary (77 FR 12952) contains errors
in certain final rules. This document
corrects those errors.
List of Subjects in 47 CFR Part 54
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
Accordingly, 47 CFR part 54 is
corrected by making the following
correcting amendments:
PART 54—UNIVERSAL SERVICE
1. The authority citation for part 54
continues to read as follows:
§ 54.410 Subscriber eligibility
determination and certification.
discounted wholesale services to offer
discounted services to low-income
consumers must maintain records to
document compliance with all
Commission requirements governing the
Lifeline and Tribal Link Up program for
the three full preceding calendar years
and provide that documentation to the
Commission or Administrator upon
request. To the extent such a reseller
provides discounted services to lowincome consumers, it must fulfill the
obligations of an eligible
telecommunications carrier in §§ 54.405
and 54.410.
■ 9. Amend § 54.420 by revising
paragraph (a)(5), to read as follows:
*
*
*
*
*
(c) * * *
(1) * * *
(iii) Must, consistent with § 54.417,
keep and maintain accurate records
detailing the data source a carrier used
to determine a subscriber’s programbased eligibility or the documentation a
subscriber provided to demonstrate his
or her eligibility for Lifeline.
*
*
*
*
*
§ 54.420
§ 54.410
§ 54.422 Annual reporting for eligible
telecommunications carriers that receive
low-income support.
3. Amend § 54.409 by revising
paragraph (a)(3) to read as follows:
■
§ 54.409
Lifeline.
Consumer qualification for
(a) * * *
(3) The consumer meets additional
eligibility criteria established by a state
for its residents, provided that suchstate specific criteria are based solely on
income or other factors directly related
to income.
*
*
*
*
*
■ 4. Amend § 54.410 by revising
paragraph (c)(1)(iii) to read as follows:
[Corrected]
5. In § 54.410, redesignate the second
paragraph designated as (d)(3)(ii)
through paragraph (d)(3)(viii) as
(d)(3)(iii) through (d)(3)(ix).
■ 6. Amend § 54.412 by revising
paragraphs (a) and (b) to read as follows:
■
§ 54.412 Off reservation Tribal lands
designation process.
(a) The Commission’s Wireline
Competition Bureau and the Office of
Native Affairs and Policy may, upon
receipt of a request made in accordance
with the requirements of this section,
designate as Tribal lands, for the
purposes of the Lifeline and Tribal Link
Up program, areas or communities that
fall outside the boundaries of existing
Tribal lands but which maintain the
same characteristics as lands identified
as Tribal lands defined as in § 54.400(e).
(b) A request for designation must be
made to the Commission by a duly
authorized official of a federally
recognized American Indian Tribe or
Alaska Native Village.
*
*
*
*
*
wreier-aviles on DSK5TPTVN1PROD with RULES
■
§ 54.416
7. In § 54.416, remove paragraph
(a)(3).
■ 8. Amend § 54.417 by revising
paragraph (c) to read as follows:
■
Authority: U.S.C. 151, 154(i), 201, 205,
214, 219, 220, 254, 303(r), 403, and 1302
unless otherwise noted.
§ 54.407
[Corrected]
2. In § 54.407, paragraph (d), remove
‘‘from each of the subscribers’’ and add,
in its place, ‘‘for each of the
subscribers.’’
■
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[Amended]
§ 54.417
Recordkeeping requirements.
*
*
*
*
*
(c) Non-eligible-telecommunicationscarrier resellers that purchase Lifeline
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Frm 00072
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Low income program audits.
(a) * * *
(5) Delegated authority. The Wireline
Competition Bureau and the Office of
Managing Director have delegated
authority to perform the functions
specified in paragraphs (a)(2) and (a)(3)
of this section.
*
*
*
*
*
■ 10. Revise § 54.422 to read as follows:
(a) In order to receive support under
this subpart, an eligible
telecommunications carrier must
annually report:
(1) The company name, names of the
company’s holding company, operating
companies and affiliates, and any
branding (a ‘‘dba,’’ or ‘‘doing-businessas company’’ or brand designation) as
well as relevant universal service
identifiers for each such entity by Study
Area Code. For purposes of this
paragraph, ‘‘affiliates’’ has the meaning
set forth in section 3(2) of the
Communications Act of 1934, as
amended; and
(2) Information describing the terms
and conditions of any voice telephony
service plans offered to Lifeline
subscribers, including details on the
number of minutes provided as part of
the plan, additional charges, if any, for
toll calls, and rates for each such plan.
To the extent the eligible
telecommunications carrier offers plans
to Lifeline subscribers that are generally
available to the public, it may provide
summary information regarding such
plans, such as a link to a public Web
site outlining the terms and conditions
of such plans.
(b) In order to receive support under
this subpart, a common carrier that is
designated as an eligible
telecommunications carrier under
section 214(e)(6) of the Act and does not
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Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
receive support under subpart D of this
part must annually provide:
(1) Detailed information on any
outage in the prior calendar year, as that
term is defined in 47 CFR 4.5, of at least
30 minutes in duration for each service
area in which the eligible
telecommunications carrier is
designated for any facilities it owns,
operates, leases, or otherwise utilizes
that potentially affect
(i) At least ten percent of the end
users served in a designated service
area; or
(ii) A 911 special facility, as defined
in 47 CFR 4.5(e).
(iii) Specifically, the eligible
telecommunications carrier’s annual
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Jkt 226001
report must include information
detailing:
(A) The date and time of onset of the
outage;
(B) A brief description of the outage
and its resolution;
(C) The particular services affected;
(D) The geographic areas affected by
the outage;
(E) Steps taken to prevent a similar
situation in the future; and
(F) The number of customers affected.
(2) The number of complaints per
1,000 connections (fixed or mobile) in
the prior calendar year;
(3) Certification of compliance with
applicable service quality standards and
consumer protection rules;
PO 00000
Frm 00073
Fmt 4700
Sfmt 9990
38535
(4) Certification that the carrier is able
to function in emergency situations as
set forth in § 54.202(a)(2).
(c) All reports required by this section
must be filed with the Office of the
Secretary of the Commission, and with
the Administrator. Such reports must
also be filed with the relevant state
commissions and the relevant authority
in a U.S. territory or Tribal
governments, as appropriate.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012–15626 Filed 6–27–12; 8:45 am]
BILLING CODE 6712–01–P
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28JNR1
]]>Agencies
[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Pages 38533-38535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15626]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 11-42, 03-109, 12-23 and CC Docket No. 96-45; FCC 12-
11]
Lifeline and Link Up Reform and Modernization, Advancing
Broadband Availability Through Digital Literacy Training
AGENCY: Federal Communications Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final rules in 47
CFR part 54, which were published in the
[[Page 38534]]
Federal Register March 2, 2012, (77 FR 12952). A correction to the
final regulations in part 54 was published in the Federal Register
March 30, 2012 (77 FR 19125). The regulations relate to the Federal
Communications Commission's initiatives to comprehensively reform and
modernize the Universal Service Lifeline program. The reforms adopted
will substantially strengthen protections against waste, fraud, and
abuse; improve program administration and accountability; improve
enrollment and consumer disclosures; initiate modernization of the
program for broadband; and constrain the growth of the program in order
to reduce the burden on all who contribute to the Universal Service
Fund.
DATES: These correcting amendments are effective June 28, 2012.
FOR FURTHER INFORMATION CONTACT: Kimberly Scardino, Wireline
Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484.
SUPPLEMENTARY INFORMATION:
Background
Part 54 rules are issued pursuant to the Communications Act of
1934, as amended. The purpose of the part 54 rules is to implement
section 254 of the Communications Act of 1934, as amended. 47 U.S.C.
254. This action corrects the final regulation implemented at
Sec. Sec. 54.407, 54.409, 54.410, 54.412, 54.416, 54.417, 54.420, and
54.422, of the Commission's rules. 47 CFR 54.407, 54.409, 54.410,
54.412, 54.416, 54.417, 54.420, and 54.422.
Need for Correction
The March 2, 2012, Federal Register Summary (77 FR 12952) contains
errors in certain final rules. This document corrects those errors.
List of Subjects in 47 CFR Part 54
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications, Telephone.
Accordingly, 47 CFR part 54 is corrected by making the following
correcting amendments:
PART 54--UNIVERSAL SERVICE
0
1. The authority citation for part 54 continues to read as follows:
Authority: U.S.C. 151, 154(i), 201, 205, 214, 219, 220, 254,
303(r), 403, and 1302 unless otherwise noted.
Sec. 54.407 [Corrected]
0
2. In Sec. 54.407, paragraph (d), remove ``from each of the
subscribers'' and add, in its place, ``for each of the subscribers.''
0
3. Amend Sec. 54.409 by revising paragraph (a)(3) to read as follows:
Sec. 54.409 Consumer qualification for Lifeline.
(a) * * *
(3) The consumer meets additional eligibility criteria established
by a state for its residents, provided that such-state specific
criteria are based solely on income or other factors directly related
to income.
* * * * *
0
4. Amend Sec. 54.410 by revising paragraph (c)(1)(iii) to read as
follows:
Sec. 54.410 Subscriber eligibility determination and certification.
* * * * *
(c) * * *
(1) * * *
(iii) Must, consistent with Sec. 54.417, keep and maintain
accurate records detailing the data source a carrier used to determine
a subscriber's program-based eligibility or the documentation a
subscriber provided to demonstrate his or her eligibility for Lifeline.
* * * * *
Sec. 54.410 [Corrected]
0
5. In Sec. 54.410, redesignate the second paragraph designated as
(d)(3)(ii) through paragraph (d)(3)(viii) as (d)(3)(iii) through
(d)(3)(ix).
0
6. Amend Sec. 54.412 by revising paragraphs (a) and (b) to read as
follows:
Sec. 54.412 Off reservation Tribal lands designation process.
(a) The Commission's Wireline Competition Bureau and the Office of
Native Affairs and Policy may, upon receipt of a request made in
accordance with the requirements of this section, designate as Tribal
lands, for the purposes of the Lifeline and Tribal Link Up program,
areas or communities that fall outside the boundaries of existing
Tribal lands but which maintain the same characteristics as lands
identified as Tribal lands defined as in Sec. 54.400(e).
(b) A request for designation must be made to the Commission by a
duly authorized official of a federally recognized American Indian
Tribe or Alaska Native Village.
* * * * *
Sec. 54.416 [Amended]
0
7. In Sec. 54.416, remove paragraph (a)(3).
0
8. Amend Sec. 54.417 by revising paragraph (c) to read as follows:
Sec. 54.417 Recordkeeping requirements.
* * * * *
(c) Non-eligible-telecommunications-carrier resellers that purchase
Lifeline discounted wholesale services to offer discounted services to
low-income consumers must maintain records to document compliance with
all Commission requirements governing the Lifeline and Tribal Link Up
program for the three full preceding calendar years and provide that
documentation to the Commission or Administrator upon request. To the
extent such a reseller provides discounted services to low-income
consumers, it must fulfill the obligations of an eligible
telecommunications carrier in Sec. Sec. 54.405 and 54.410.
0
9. Amend Sec. 54.420 by revising paragraph (a)(5), to read as follows:
Sec. 54.420 Low income program audits.
(a) * * *
(5) Delegated authority. The Wireline Competition Bureau and the
Office of Managing Director have delegated authority to perform the
functions specified in paragraphs (a)(2) and (a)(3) of this section.
* * * * *
0
10. Revise Sec. 54.422 to read as follows:
Sec. 54.422 Annual reporting for eligible telecommunications carriers
that receive low-income support.
(a) In order to receive support under this subpart, an eligible
telecommunications carrier must annually report:
(1) The company name, names of the company's holding company,
operating companies and affiliates, and any branding (a ``dba,'' or
``doing-business-as company'' or brand designation) as well as relevant
universal service identifiers for each such entity by Study Area Code.
For purposes of this paragraph, ``affiliates'' has the meaning set
forth in section 3(2) of the Communications Act of 1934, as amended;
and
(2) Information describing the terms and conditions of any voice
telephony service plans offered to Lifeline subscribers, including
details on the number of minutes provided as part of the plan,
additional charges, if any, for toll calls, and rates for each such
plan. To the extent the eligible telecommunications carrier offers
plans to Lifeline subscribers that are generally available to the
public, it may provide summary information regarding such plans, such
as a link to a public Web site outlining the terms and conditions of
such plans.
(b) In order to receive support under this subpart, a common
carrier that is designated as an eligible telecommunications carrier
under section 214(e)(6) of the Act and does not
[[Page 38535]]
receive support under subpart D of this part must annually provide:
(1) Detailed information on any outage in the prior calendar year,
as that term is defined in 47 CFR 4.5, of at least 30 minutes in
duration for each service area in which the eligible telecommunications
carrier is designated for any facilities it owns, operates, leases, or
otherwise utilizes that potentially affect
(i) At least ten percent of the end users served in a designated
service area; or
(ii) A 911 special facility, as defined in 47 CFR 4.5(e).
(iii) Specifically, the eligible telecommunications carrier's
annual report must include information detailing:
(A) The date and time of onset of the outage;
(B) A brief description of the outage and its resolution;
(C) The particular services affected;
(D) The geographic areas affected by the outage;
(E) Steps taken to prevent a similar situation in the future; and
(F) The number of customers affected.
(2) The number of complaints per 1,000 connections (fixed or
mobile) in the prior calendar year;
(3) Certification of compliance with applicable service quality
standards and consumer protection rules;
(4) Certification that the carrier is able to function in emergency
situations as set forth in Sec. 54.202(a)(2).
(c) All reports required by this section must be filed with the
Office of the Secretary of the Commission, and with the Administrator.
Such reports must also be filed with the relevant state commissions and
the relevant authority in a U.S. territory or Tribal governments, as
appropriate.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012-15626 Filed 6-27-12; 8:45 am]
BILLING CODE 6712-01-P
