Implementation of the Middle Class Tax Relief and Job Creation Act of 2012; Establishment of a Public Safety Answering Point Do-Not-Call Registry, 10099-10100 [2013-03230]
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Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Rules and Regulations
shall serve a written proposed
determination on the recipient. The
proposed determination shall:
(1) State the grounds and effective
date for the proposed suspension;
(2) Identify, with reasonable
specificity, any facts or documents
relied upon as justification for the
suspension;
(3) Specify what, if any, prompt
corrective action the recipient can take
to avoid or end the suspension;
(4) Advise the recipient that it may
request, within 5 business days of
receipt of the proposed determination,
an informal meeting with the
Corporation at which it may attempt to
show that the proposed suspension
should not be imposed; and
(5) Advise the recipient that, within
10 business days of its receipt of the
proposed determination and without
regard to whether it requests an
informal meeting, it may submit written
materials in opposition to the proposed
suspension.
(c) If the recipient requests an
informal meeting with the Corporation,
the Corporation shall designate the time
and place for the meeting. The meeting
shall occur within 5 business days after
the recipient’s request is received.
(d) The informal meeting shall be
conducted by the Corporation employee
who issued the preliminary
determination or any other Corporation
employee with a seniority level at, or
equivalent to, the level of an office
director or higher.
(e) At the informal meeting, the
Corporation and the recipient shall both
have an opportunity to state their case,
seek to narrow the issues, explore the
possibilities of settlement or
compromise including implementation
of corrective actions, and submit written
materials.
(f) The Corporation shall consider any
written materials submitted by the
recipient in opposition to the proposed
suspension and any oral presentation or
written materials submitted by the
recipient at an informal meeting. If, after
considering such materials, the
Corporation determines that the
recipient has failed to show that the
suspension should not become effective,
the Corporation may issue a written
final determination to suspend financial
assistance to the recipient in whole or
in part and under such terms and
conditions the Corporation deems
appropriate and necessary. The final
determination shall include a summary
of the issues raised in the informal
conference and presented in any written
materials. The final determination need
not engage in a detailed analysis of all
issues raised.
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15:25 Feb 12, 2013
Jkt 229001
(g) The final determination shall be
promptly transmitted to the recipient in
a manner that verifies receipt of the
determination by the recipient, and the
suspension shall become effective when
the final determination is received by
the recipient or on such later date as is
specified therein.
(h) If a suspension lasts for more than
30 days, then the recipient may seek
review of the suspension by the
President. A request may be made in
writing on the thirty-first day or any day
thereafter, and shall state, in detail, the
reasons for seeking review.
(1) The President may not review the
suspension appeal if the President has
had prior involvement in the
suspension proceedings. If the President
cannot review, or the President chooses
not to do so, then the appeal shall be
reviewed by either the individual
designated to do so pursuant to
§ 1623.4(a) of this part, or by another
senior Corporation employee designated
by the President who has not had prior
involvement in the suspension
proceedings.
(2) The President’s review shall be
based on the administrative record of
the proceedings, including the appeal to
the President, and any additional
submissions, either oral or in writing
that the President may request. A
recipient shall be given a copy of, and
an opportunity to respond to, any
additional submissions made to the
President. All submissions and
responses made to the President shall
become part of the administrative
record. Upon request, the Corporation
shall provide a copy of the
administrative record to the recipient.
(3) The President shall affirm, modify,
or terminate the suspension through a
suspension appeal decision within 15
calendar days of receipt of the appeal by
the Corporation, unless the Corporation
and the recipient agree to a later date.
(i) The Corporation may at any time
rescind or modify the terms of the final
determination to suspend and, on
written notice to the recipient, may
reinstate the suspension without further
proceedings under this part.
(j) Except as provided in § 1623.4(k) of
this part, the total time of a suspension
shall not exceed 90 calendar days,
unless the Corporation and the recipient
agree to a continuation of the
suspension without further proceedings
under this part.
(k) When the suspension is based on
the grounds in § 1623.3(b) of this part,
a recipient’s funds may be suspended
until an acceptable audit is completed.
No appeal to the President will be
available for audit-based suspensions
pursuant to § 1623.3(b).
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§ 1623.5
10099
Time extensions and waiver.
(a) Except for the time limits in
§ 1623.4(i) and (j), any period of time
provided in this part may be extended
by the Corporation for good cause.
Requests for extensions of time shall be
considered in light of the overall
objective that the procedures prescribed
by this part ordinarily shall be
concluded within 30 calendar days of
the service of the proposed
determination.
(b) Any other provision of this part
may be waived or modified by
agreement of the recipient and the
Corporation for good cause.
(c) Failure by the Corporation to meet
a time requirement of this part shall not
preclude the Corporation from
suspending a recipient’s grant or
contract with the Corporation.
§ 1623.6
Interim funding.
(a) Pending the completion of
suspension proceedings under this part,
the Corporation shall provide the
recipient with the level of financial
assistance provided for under its current
grant or contract with the Corporation.
(b) Funds withheld pursuant to a
suspension shall be released to the
recipient at the end of the suspension
period.
Dated: February 6, 2013.
Victor M. Fortuno.
Vice President & General Counsel.
[FR Doc. 2013–03241 Filed 2–12–13; 8:45 am]
BILLING CODE 7050–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[CG Docket No. 12–129; FCC 12–129]
Implementation of the Middle Class
Tax Relief and Job Creation Act of
2012; Establishment of a Public Safety
Answering Point Do-Not-Call Registry
Federal Communications
Commission.
ACTION: Correcting amendments.
AGENCY:
This document contains a
correction to the final regulations of the
Commission’s rules, which were
published in the Federal Register on
November 29, 2012, 77 FR 71131. The
final regulations establish a do-not-call
registry for public safety answering
points (PSAP) and prohibit the use of
automatic dialing equipment to contact
those registered numbers.
DATES: Effective February 13, 2013.
FOR FURTHER INFORMATION CONTACT:
Richard D. Smith, Consumer and
SUMMARY:
E:\FR\FM\13FER1.SGM
13FER1
10100
Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Rules and Regulations
Governmental Affairs Bureau at (717)
338–2797 or email
Richard.Smith@fcc.gov.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
The
Federal Communications Commission
published a document amending 47
CFR 1.80 in the Federal Register on
November 29, 2012, (77 FR 71131). The
amended rules are necessary to
implement the enforcement provisions
of the Middle Class Tax Relief and Job
Creation Act of 2012 as applicable to the
PSAP Do-Not-Call registry.
SUPPLEMENTARY INFORMATION:
As published, the final regulations
inadvertently created two § 1.80(b)(7)’s
in the Commission’s rules and needs to
be corrected accordingly.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Accordingly, 47 CFR part 1 is
corrected by making the following
correcting amendments:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1 is
revised to read as follows:
■
Subpart A—General Rules of Practice
and Procedure
2. Amend § 1.80 by redesignating the
second paragraph (b)(7) as paragraph
(b)(9) and republishing the heading of
newly redesignated paragraph (b)(9) to
read as follows:
■
Forfeiture proceedings.
(b) * * *
(9) Inflation adjustments to the
maximum forfeiture amount. * * *
*
*
*
*
*
emcdonald on DSK67QTVN1PROD with RULES
[FR Doc. 2013–03230 Filed 2–12–13; 8:45 am]
BILLING CODE 6712–01–P
15:25 Feb 12, 2013
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, until July 31, 2013, the
information collection associated with
the Commission’s Connect America
Fund; High-Cost Universal Service
Support, Report and Order, (Order),
released on November 6, 2012. The
Commission submitted a request for
approval of a new collection under
control number 3060–1181 to the OMB
for review and approval, as required by
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501–3520). This notice
is consistent with the Order, which
stated that the Commission would
publish a document in the Federal
Register announcing the effective date
of those rules once it receives OMB
approval.
Jkt 229001
Paragraph 16 and Appendix A of
document DA 12–1777, published at 78
FR 5750, January 28, 2013, are effective
February 27, 2013.
FOR FURTHER INFORMATION CONTACT:
Chelsea Fallon, Assistant Division
Chief, Wireline Competition Bureau, at
(202) 418–7991.
SUPPLEMENTARY INFORMATION: This
document announces that, on January
23, 2013, OMB approved, for a period of
six months, the information collection
requirements contained in the
Commission’s Order, FCC 12–1777,
published at 78 FR 5750, January 28,
2013. The OMB Control Number is
3060–1181. The Commission publishes
this notice as an announcement of the
effective date of paragraph 16 and
Appendix A of document DA 12–1777.
If you have any comments on the
burden estimates listed below, or how
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Judith
Boley-Herman, Federal
Communications Commission, Room 1–
B441, 445 12th Street SW., Washington,
DC 20554. Please include the OMB
Control Number, 3060–1181, in your
correspondence. The Commission also
DATES:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 227, 303(r),
and 309, the Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. 112–96, and 47
U.S.C. 1473.
VerDate Mar<15>2010
Data Specifications for Collecting
Study Area Boundaries
SUMMARY:
Need for Correction
§ 1.80
[WC Docket Nos. 10–90 and 05–337; DA
12–1777]
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will accept comments via email. Please
send them to PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on January 23,
2013, for the information collection
requirements contained in paragraph 16
and Appendix A of document DA 12–
1777.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1181.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1181.
OMB Approval Date: January 23,
2013.
OMB Expiration Date: July 31, 2013.
Title: Study Area Boundary Data
Reporting in Esri Shapefile Format, DA
12–1777.
Form Number: N/A.
Respondents: Incumbent local
exchange carriers, and state regulatory
entities.
Number of Respondents and
Responses: 1,443 respondents; 1,443
responses.
Estimated Time per Response: 26
hours.
Frequency of Response: Annually if
changes to study area boundaries;
biannually for recertification or
previously submitted data.
Obligation to Respond: Required.
Statutory authority for this information
collection is contained in 47 U.S.C.
254(b).
Total Annual Burden: 7,924 hours for
in-house work for large incumbent local
exchange carriers
Total Annual Cost: $705,935.00
contracting costs for small incumbent
local exchange carriers.
Nature and Extent of Confidentiality:
The Commission is not requesting that
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Agencies
[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Pages 10099-10100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03230]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[CG Docket No. 12-129; FCC 12-129]
Implementation of the Middle Class Tax Relief and Job Creation
Act of 2012; Establishment of a Public Safety Answering Point Do-Not-
Call Registry
AGENCY: Federal Communications Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final regulations
of the Commission's rules, which were published in the Federal Register
on November 29, 2012, 77 FR 71131. The final regulations establish a
do-not-call registry for public safety answering points (PSAP) and
prohibit the use of automatic dialing equipment to contact those
registered numbers.
DATES: Effective February 13, 2013.
FOR FURTHER INFORMATION CONTACT: Richard D. Smith, Consumer and
[[Page 10100]]
Governmental Affairs Bureau at (717) 338-2797 or email
Richard.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: The Federal Communications Commission
published a document amending 47 CFR 1.80 in the Federal Register on
November 29, 2012, (77 FR 71131). The amended rules are necessary to
implement the enforcement provisions of the Middle Class Tax Relief and
Job Creation Act of 2012 as applicable to the PSAP Do-Not-Call
registry.
Need for Correction
As published, the final regulations inadvertently created two Sec.
1.80(b)(7)'s in the Commission's rules and needs to be corrected
accordingly.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Accordingly, 47 CFR part 1 is corrected by making the following
correcting amendments:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 is revised to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 227, 303(r), and 309, the Middle Class Tax Relief and
Job Creation Act of 2012, Pub. L. 112-96, and 47 U.S.C. 1473.
Subpart A--General Rules of Practice and Procedure
0
2. Amend Sec. 1.80 by redesignating the second paragraph (b)(7) as
paragraph (b)(9) and republishing the heading of newly redesignated
paragraph (b)(9) to read as follows:
Sec. 1.80 Forfeiture proceedings.
(b) * * *
(9) Inflation adjustments to the maximum forfeiture amount. * * *
* * * * *
[FR Doc. 2013-03230 Filed 2-12-13; 8:45 am]
BILLING CODE 6712-01-P