Improving 9-1-1 Reliability; Reliability and Continuity of Communications Networks, Including Broadband Technologies, 61785-61786 [2014-24474]
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Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Rules and Regulations
and the consequent billing for that
work, its PAI expenditures for the
current year fail to meet the twelve and
one-half percent (12.5%) requirement;
or
(6) If, in the reasonable judgment of
the recipient’s governing body, it would
not be economical and efficient for the
recipient to expend its full twelve and
one-half percent (12.5%) of Corporation
funds on PAI activities, provided that
the recipient has handled and expects to
continue to handle at least twelve and
one-half percent (12.5%) of cases
brought on behalf of eligible clients
through its PAI program(s).
(d)(1) A waiver of special accounting
and bookkeeping requirements of this
part may be granted by LSC, if the
recipient shows to the satisfaction of
LSC that such waiver will advance the
purpose of this part as expressed in
§§ 1614.1 and 1614.2.
(2) As provided in 45 CFR 1627.3(c)
with respect to subgrants, alternatives to
Corporation audit requirements or to the
accounting requirements of this Part
may be approved for subgrants by LSC;
such alternatives for PAI subgrants shall
be approved liberally where necessary
to foster increased PAI participation.
(e) Waivers of the PAI expenditure
requirement may be full or partial, that
is, the Corporation may waive all or
some of the required expenditure for a
fiscal year.
(1) Applications for waivers of any
requirement under this Part may be for
the current or next fiscal year. All such
applications must be in writing.
Applications for waivers for the current
fiscal year must be received by the
Corporation during the current fiscal
year.
(2) At the expiration of a waiver a
recipient may seek a similar or identical
waiver.
(f) All waiver requests shall be
addressed to LSC. The Corporation shall
make a written response to each such
request postmarked not later than thirty
(30) days after its receipt. If the request
is denied, the Corporation will provide
the recipient with an explanation and
statement of the grounds for denial. If
the waiver is to be denied because the
information submitted is insufficient,
the Corporation will inform the
recipient as soon as possible, both orally
and in writing, about what additional
information is needed. Should the
Corporation fail to so respond, the
request shall be deemed to be granted.
§ 1614.10
Failure to comply.
(a)(1) If a recipient fails to comply
with the expenditure required by this
part and that recipient fails without
good cause to seek a waiver during the
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term of the grant or contract, the
Corporation shall withhold from the
recipient’s grant payments an amount
equal to the difference between the
amount expended on PAI and twelve
and one-half percent (12.5%) of the
recipient’s basic field award.
(2) If the Corporation determines that
a recipient failed without good cause to
seek a waiver, the Corporation shall give
the recipient written notice of that
determination. The written notice shall
state the determination, the amount to
be withheld, and the process by which
the recipient may appeal the
determination.
(3) The appeal process will follow the
procedures for the appeal of disallowed
costs set forth at 45 CFR 1630.7(c)–(g),
except that:
(i) The subject matter of the appeal
shall be limited to the Corporation’s
determination that the recipient failed
without good cause to seek a waiver;
and
(ii) Withholding of funds shall be the
method for the Corporation to recover
the amount to be withheld.
(b) If a recipient fails with good cause
to seek a waiver, or applies for but does
not receive a waiver, or receives a
waiver of part of the PAI requirement
and does not expend the amount
required to be expended, the PAI
expenditure requirement for the ensuing
year shall be increased for that recipient
by an amount equal to the difference
between the amount actually expended
and the amount required to be
expended.
(c)(1) Any funds withheld by the
Corporation pursuant to this section
shall be made available by the
Corporation for use in providing legal
services through PAI programs. When
such funds are available for
competition, LSC shall publish notice of
the requirements concerning time,
format, and content of the application
and the procedures for submitting an
application for such funds.
Disbursement of these funds for PAI
activities shall be made through a
competitive solicitation and awarded on
the basis of efficiency, quality,
creativity, and demonstrated
commitment to PAI service delivery to
low-income people. Competition for
these funds may be held in the
recipient’s service area, or if the
recipient from which funds are
withheld is the only LSC recipient
applying for the funds in the
competitive solicitation, in additional
service areas.
(2) Recipients shall expend funds
awarded through the competitive
process in paragraph (c)(1) of this
section in addition to twelve and one-
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61785
half percent (12.5%) of their Basic
Field-General awards.
(d) The withholding of funds under
this section shall not be construed as
any action under 45 CFR parts 1606,
1618, 1623, or 1630.
Dated: October 9, 2014.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2014–24456 Filed 10–14–14; 8:45 am]
BILLING CODE P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 12
[PS Docket Nos. 13–75, 11–60; FCC 13–
158]
Improving 9–1–1 Reliability; Reliability
and Continuity of Communications
Networks, Including Broadband
Technologies
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection associated with
the Commission’s Report and Order,
FCC 13–158, published at 79 FR 3123
on January 17, 2014, and at 79 FR 7589
on February 10, 2014. This notice is
consistent with the Report and Order,
which stated that the Commission
would publish a document in the
Federal Register announcing OMB
approval and the effective date of
requirements subject to OMB approval.
Specifically, this document announces
the effective date of initial and annual
reliability certification requirements for
covered 911 service providers,
including any associated record
retention requirements.
DATES: 47 CFR 12.4(c), 12.4(d)(1), and
12.4(d)(3) are effective October 15, 2014.
The effective date of 47 CFR 4.9(h),
which requires a modification of
existing OMB information collection
3060–0484, will be published separately
in the Federal Register once approved
by OMB.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Cathy
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on October 1,
2014, OMB approved information
collection requirements contained in the
Commission’s Report and Order, FCC
SUMMARY:
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15OCR1
61786
Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
13–158, Improving 9–1–1 Reliability;
Reliability and Continuity of
Communications Networks, Including
Broadband Technologies, published at
79 FR 3123 on January 17, 2014 and at
79 FR 7589 on February 10, 2014. These
requirements involve initial and annual
reliability certifications for covered 911
service providers and associated record
retention requirements. The OMB
Control Number is 3060–1202. The
Commission publishes this notice as an
announcement of the effective date of
the certification requirements.
The Report and Order also amended
§ 4.9 of the Commission’s rules
regarding outage notification to public
safety answering points (PSAPs). The
effective date of 47 CFR 4.9(h), which
requires a modification of existing OMB
information collection 3060–0484, will
be published separately in the Federal
Register once approved by OMB.
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 Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Number, 3060–1202, in your
correspondence. The Commission will
also accept your comments via the
Internet if you 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 October 1,
2014, for new information collection
requirements contained in the
Commission’s rules at 47 CFR 12.4(c),
12.4(d)(1), and 12.4(d)(3). Under 5 CFR
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 3060–1202. The
foregoing notice is required by the
Paperwork Reduction Act of 1995, Pub.
L. 104–13, October 1, 1995, and 44
U.S.C. 3507.
VerDate Sep<11>2014
15:21 Oct 14, 2014
Jkt 235001
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1202.
OMB Approval Date: October 1, 2014.
OMB Expiration Date: October 31,
2017.
Title: Improving 9–1–1 Reliability,
Reliability and Continuity of
Communications Including Networks,
Broadband Technologies.
Form Number: Not applicable (annual
online certification).
Respondents: Business or other forprofit entities; not-for-profit institutions.
Number of Respondents and
Responses: 1,000 respondents, 1,000
responses.
Estimated Time per Response: Varies
by respondent. Average of 170 hours per
annual certification.
Frequency of Response: Annual
reporting requirement and
recordkeeping requirement.
Obligation to Respond: Mandatory.
The statutory authority for the
collection of this information is
contained in sections 1, 4(i), 4(j), 4(o),
201(b), 214(d), 218, 251(e)(3), 301,
303(b), 303(g), 303(r), 307, 309(a), 316,
332, 403, 615a–1, and 615c of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i)–(j) & (o),
201(b), 214(d), 218, 251(e)(3), 301,
303(b), 303(g), 303(r), 307, 309(a), 316,
332, 403, 615a–1, and 615c.
Total Annual Burden: 169,982 hours.
Total Annual Cost: $0.
Nature and Extent of Confidentiality:
The Commission will treat as
presumptively confidential and exempt
from routine public disclosure under
the federal Freedom of Information Act:
(1) Descriptions and documentation of
alternative measures to mitigate the
risks of nonconformance with
certification standards; (2) information
detailing specific corrective actions
taken; and (3) supplemental information
requested by the Commission or Bureau
with respect to a certification. The
Commission does not consider
confidential the fact of filing a
certification or the responses provided
on the face of the certification.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On December 12,
2013, the Commission released a Report
and Order, PS Docket Nos. 13–75, 11–
60; FCC 13–158 (the Report and Order)
adopting rules. These rules are codified
at 47 CFR 12.4. The Report and Order
requires covered 911 service providers,
defined in § 12.4(a)(4), to certify
annually whether they comply with
specified best practices with respect to
critical 911 circuit diversity, central
office backup power, and diverse
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Frm 00026
Fmt 4700
Sfmt 9990
network monitoring. If a covered 911
service provider does not comply with
specific certification elements set forth
in § 12.4(c), it must provide a brief
explanation of what alternative
measures it has taken, in light of the
provider’s particular facts and
circumstances, to ensure reliable 911
service with respect to those elements.
A service provider may also respond by
demonstrating that a particular
certification element is not applicable to
its network, but must include a brief
explanation of why the element does
not apply.
The information will be collected
through an online system administered
by the Commission’s Public Safety and
Homeland Security Bureau for review
and analysis to verify that covered 911
service providers are taking reasonable
measures to maintain reliable 911
service, as required under § 12.4(b). In
certain cases, based on the information
included in the certifications and on
subsequent coordination with
individual providers, the Commission
may require remedial action to correct
vulnerabilities in a service provider’s
911 network if it determines that the
service provider has not, in fact,
adhered to the best practices
incorporated in the certification, or in
the case of providers employing
alternative measures, that those
measures were not reasonably sufficient
to mitigate the associated risks of failure
in these key areas.
The purpose of this information
collection is to verify that covered 911
service providers are taking reasonable
measures to provide reliable service, as
evidenced by their certification of
compliance with specified best practices
or reasonable alternative measures. The
Commission adopted these rules in light
of widespread 911 outages during the
June 2012 derecho storm in the Midwest
and Mid-Atlantic states, which revealed
that multiple service providers did not
take adequate precautions to maintain
reliable service. By holding covered 911
service providers accountable for
reliable service, the Commission seeks
to ensure that all Americans have access
to critical 911 communications during
emergencies and other times of need.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014–24474 Filed 10–14–14; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\15OCR1.SGM
15OCR1
Agencies
[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Rules and Regulations]
[Pages 61785-61786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24474]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 12
[PS Docket Nos. 13-75, 11-60; FCC 13-158]
Improving 9-1-1 Reliability; Reliability and Continuity of
Communications Networks, Including Broadband Technologies
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
an information collection associated with the Commission's Report and
Order, FCC 13-158, published at 79 FR 3123 on January 17, 2014, and at
79 FR 7589 on February 10, 2014. This notice is consistent with the
Report and Order, which stated that the Commission would publish a
document in the Federal Register announcing OMB approval and the
effective date of requirements subject to OMB approval. Specifically,
this document announces the effective date of initial and annual
reliability certification requirements for covered 911 service
providers, including any associated record retention requirements.
DATES: 47 CFR 12.4(c), 12.4(d)(1), and 12.4(d)(3) are effective October
15, 2014. The effective date of 47 CFR 4.9(h), which requires a
modification of existing OMB information collection 3060-0484, will be
published separately in the Federal Register once approved by OMB.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams, Cathy.Williams@fcc.gov, (202) 418-2918.
SUPPLEMENTARY INFORMATION: This document announces that, on October 1,
2014, OMB approved information collection requirements contained in the
Commission's Report and Order, FCC
[[Page 61786]]
13-158, Improving 9-1-1 Reliability; Reliability and Continuity of
Communications Networks, Including Broadband Technologies, published at
79 FR 3123 on January 17, 2014 and at 79 FR 7589 on February 10, 2014.
These requirements involve initial and annual reliability
certifications for covered 911 service providers and associated record
retention requirements. The OMB Control Number is 3060-1202. The
Commission publishes this notice as an announcement of the effective
date of the certification requirements.
The Report and Order also amended Sec. 4.9 of the Commission's
rules regarding outage notification to public safety answering points
(PSAPs). The effective date of 47 CFR 4.9(h), which requires a
modification of existing OMB information collection 3060-0484, will be
published separately in the Federal Register once approved by OMB.
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 Cathy Williams, Federal Communications
Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554.
Please include the OMB Control Number, 3060-1202, in your
correspondence. The Commission will also accept your comments via the
Internet if you 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
October 1, 2014, for new information collection requirements contained
in the Commission's rules at 47 CFR 12.4(c), 12.4(d)(1), and
12.4(d)(3). Under 5 CFR 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 3060-1202. The foregoing notice is
required by the Paperwork Reduction Act of 1995, Pub. L. 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: 3060-1202.
OMB Approval Date: October 1, 2014.
OMB Expiration Date: October 31, 2017.
Title: Improving 9-1-1 Reliability, Reliability and Continuity of
Communications Including Networks, Broadband Technologies.
Form Number: Not applicable (annual online certification).
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents and Responses: 1,000 respondents, 1,000
responses.
Estimated Time per Response: Varies by respondent. Average of 170
hours per annual certification.
Frequency of Response: Annual reporting requirement and
recordkeeping requirement.
Obligation to Respond: Mandatory. The statutory authority for the
collection of this information is contained in sections 1, 4(i), 4(j),
4(o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g), 303(r), 307,
309(a), 316, 332, 403, 615a-1, and 615c of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i)-(j) & (o), 201(b), 214(d), 218,
251(e)(3), 301, 303(b), 303(g), 303(r), 307, 309(a), 316, 332, 403,
615a-1, and 615c.
Total Annual Burden: 169,982 hours.
Total Annual Cost: $0.
Nature and Extent of Confidentiality: The Commission will treat as
presumptively confidential and exempt from routine public disclosure
under the federal Freedom of Information Act: (1) Descriptions and
documentation of alternative measures to mitigate the risks of
nonconformance with certification standards; (2) information detailing
specific corrective actions taken; and (3) supplemental information
requested by the Commission or Bureau with respect to a certification.
The Commission does not consider confidential the fact of filing a
certification or the responses provided on the face of the
certification.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On December 12, 2013, the Commission released a
Report and Order, PS Docket Nos. 13-75, 11-60; FCC 13-158 (the Report
and Order) adopting rules. These rules are codified at 47 CFR 12.4. The
Report and Order requires covered 911 service providers, defined in
Sec. 12.4(a)(4), to certify annually whether they comply with
specified best practices with respect to critical 911 circuit
diversity, central office backup power, and diverse network monitoring.
If a covered 911 service provider does not comply with specific
certification elements set forth in Sec. 12.4(c), it must provide a
brief explanation of what alternative measures it has taken, in light
of the provider's particular facts and circumstances, to ensure
reliable 911 service with respect to those elements. A service provider
may also respond by demonstrating that a particular certification
element is not applicable to its network, but must include a brief
explanation of why the element does not apply.
The information will be collected through an online system
administered by the Commission's Public Safety and Homeland Security
Bureau for review and analysis to verify that covered 911 service
providers are taking reasonable measures to maintain reliable 911
service, as required under Sec. 12.4(b). In certain cases, based on
the information included in the certifications and on subsequent
coordination with individual providers, the Commission may require
remedial action to correct vulnerabilities in a service provider's 911
network if it determines that the service provider has not, in fact,
adhered to the best practices incorporated in the certification, or in
the case of providers employing alternative measures, that those
measures were not reasonably sufficient to mitigate the associated
risks of failure in these key areas.
The purpose of this information collection is to verify that
covered 911 service providers are taking reasonable measures to provide
reliable service, as evidenced by their certification of compliance
with specified best practices or reasonable alternative measures. The
Commission adopted these rules in light of widespread 911 outages
during the June 2012 derecho storm in the Midwest and Mid-Atlantic
states, which revealed that multiple service providers did not take
adequate precautions to maintain reliable service. By holding covered
911 service providers accountable for reliable service, the Commission
seeks to ensure that all Americans have access to critical 911
communications during emergencies and other times of need.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-24474 Filed 10-14-14; 8:45 am]
BILLING CODE 6712-01-P