Procedures for Paper Filings and Collecting Application and Regulatory Fees, 24560-24561 [2017-11034]

Download as PDF 24560 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [MD Docket No. 17–123; FCC 17–53] Procedures for Paper Filings and Collecting Application and Regulatory Fees Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Commission commences the process of migrating away from using P.O. Boxes (‘‘Lockboxes’’) to collect application and regulatory fees, as well as paper filings. As the Commission gravitates toward an all-electronic payment and filing system, the P.O. Boxes once established to collect filings and fees via check or money order will be gradually closed, and the Commission’s rules changed accordingly. In this, the first step of this process, the Commission amends its rules to close P.O. Box 979092, used to collect petitions filed under of the Communications Assistance for Law Enforcement Act (CALEA), as well as associated fee payments. Permittees wishing to file future petitions will need to do so electronically through the Commission’s electronic filing system and pay the pertinent fees through the Fee Filer Online System, or through another electronic payment mechanism designated by the Commission. DATES: Effective June 29, 2017. FOR FURTHER INFORMATION CONTACT: Warren Firschein, Office of Managing Director at (202) 418–0844. SUPPLEMENTARY INFORMATION: 1. In this Order, we reduce Commission expenditures and modernize our procedures by amending section 1.1109 1 of our rules, which sets forth the application fee for petitions filed with the Federal Communications Commission (Commission) under section 109(b) of the Communications Assistance for Law Enforcement Act (CALEA).2 2. Enacted in 1994, CALEA was designed to respond to advances in technology and eliminate obstacles faced by law enforcement personnel in conducting electronic surveillance.3 CALEA imposed certain technical requirements on telecommunications carriers and provided carriers with certain rights to petition the sradovich on DSK3GMQ082PROD with RULES SUMMARY: 1 47 CFR 1.1109. U.S.C. 1008(b). 3 See generally Communications Assistance for Law Enforcement Act, Second Report and Order, 15 FCC Rcd 7105 (1999). 2 47 VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 Commission for relief from these requirements.4 CALEA also amended the Commission’s fee schedule under section 8 of the Communications Act 5 to require payment of an application fee for one type of CALEA filing—petitions filed under section 109(b) of CALEA.6 Such section 109(b) petitions allowed telecommunications carriers to petition the Commission for an order declaring the petitioning carrier’s obligation to comply with CALEA’s section 103 capability requirements ‘‘not reasonably achievable.’’ 7 The section 109(b) fee requirement was codified in section 1.1109 of the Commission’s rules 8 providing for payment of the fee to P.O. Box 979092 at U.S. Bank in St. Louis, Missouri.9 The only current use of section 1.1109 and P.O. Box 979092 is to collect fees for section 109(b) petitions. The FCC has not received a section 109(b) petition since 2002. 3. The Commission has started to migrate away from using P.O. Boxes 10 and toward using an all-electronic payment system for all application and regulatory fees.11 This change is based on U.S. Treasury guidance and is being implemented to the extent practicable and otherwise permitted by law.12 Utilizing an all-electronic payment system will increase the agency’s 4 Id. at 7121–33, paras. 30–46; see also Communications Assistance for Law Enforcement Act and Broadband Access and Services, ET Docket No. 04–295, Second Report and Order and Memorandum Opinion and Order, 21 FCC Rcd 5360 (2006). 5 47 U.S.C. 158. 6 Communications Assistance for Law Enforcement Act, Public Law 103–414, 302, 108 Stat. 4279, 4294 (1994). Section 302 of CALEA provided for modification of the Commission’s schedule of application fees. In 1994, when CALEA was enacted, that fee was established at $5,000, which was subsequently adjusted for inflation. 7 47 U.S.C. 1008(b)(1). 8 47 CFR 1.1109. 9 Id. 10 The FCC collects fees using a series of P.O. Boxes located at U.S. Bank in St. Louis, Missouri. 47 CFR 1.1101–1.1109 (setting forth the fee schedule for each type of application remittable to the Commission along with the correct lockbox). 11 In 2015, the Commission revised its payment rules to encourage electronic payment of application fees and require electronic payment of regulatory fees. 47 CFR 1.1112 (application fees) and 1.1158 (regulatory fees). These rules became effective November 30, 2015. 80 FR 66816 (Oct. 30, 2015). 12 Treasury Financial Manual, Bulletin Number 2014–08, ‘‘Agency No-Cash or No-Check Policies,’’ released on August 5, 2014 (Explaining the circumstances under which agencies may decide not to accept payments made in cash or by check and also noting that the U.S. Treasury’s move to an all-electronic Treasury as well as the purposes of Federal cash-management statutes.) Available at https://tfm.fiscal.treasury.gov/v1/bull/14-08.pdf (last visited March 10, 2017); see also https:// obamawhitehouse.archives.gov/the-press-office/ 2011/06/13/executive-order-13576-deliveringefficient-effective-and-accountable-gov. PO 00000 Frm 00106 Fmt 4700 Sfmt 4700 financial efficiency by reducing expenditures, including the annual fee for utilizing the bank’s services as well as the cost to manually process each transaction, and will have no measurable impact on telecommunications carriers. 4. As part of this effort, we are closing P.O. Box 979092. With this Order, we amend our rules to reflect this change as indicated in the Final Rules section of this Order. Future payments for any section 109(b) petition filed with the Commission will be made in accordance with the procedures set forth on the Commission’s Web site, https:// www.fcc.gov/licensing-databases/fees. For now, such payments will be made through the Fee Filer Online System, accessible at https://www.fcc.gov/ licensing-databases/fees/fee-filer, but as we assess and implement U.S. Treasury guidance on an all-electronic payment system, we may transition to other secure payment systems with appropriate public notice and guidance. We make this change without notice and comment because it is a rule of agency organization, procedure, or practice exempt from the general noticeand-comment requirements of the Administrative Procedure Act.13 To file section 109(b) petitions electronically, parties should utilize the Commission’s ECFS filing system, which can be found at https://apps.fcc.gov/ecfs/upload/ display. Petitions filed in hard copy format should be submitted according to the procedures set forth on the Web page of the FCC’s Office of the Secretary, https://www.fcc.gov/ secretary. 5. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any 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 107–198, see 44 U.S.C. 3506(c)(4). 6. Accordingly, it is ordered, that pursuant to sections 4(i), 4(j), 201(b), and 229(a) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 201(b), 229(a), 47 CFR part 1 is amended as set forth below. 7. It is further ordered, that the Commission shall send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 13 5 U.S.C. 553(b)(A). E:\FR\FM\30MYR1.SGM 30MYR1 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations Federal Communications Commission. Marlene H. Dortch, Secretary. PART 1—PRACTICE AND PROCEDURE § 1.1109 Schedule of charges for applications and other filings for the Homeland services. 1. The authority citation for part 1 is revised to read as follows: Remit filings and/or payment for these services electronically using the Commission’s electronic filing and payment system, in accordance with the procedures set forth on the Commission’s Web site, https:// www.fcc.gov/licensing-databases/fees. ■ Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455. ■ 2. Revise § 1.1109 to read as follows: Fee amount Service FCC Form No. 1. Communication Assistance for Law Enforcement (CALEA) Petitions .. Correspondence & 159 ................... [FR Doc. 2017–11034 Filed 5–26–17; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 259 [Docket No. 080410551–7410–02] RIN 0648–AW57 Capital Construction Fund; Fishing Vessel Capital Construction Fund Procedures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS hereby amends the Capital Construction Fund (CCF) regulations to eliminate provisions that no longer meet the needs of CCF participants, and to simplify and clarify the regulations to better implement the purposes of the underlying statute. These amendments eliminate the minimum cost for reconstruction projects, requirements for minimum annual deposits and the requirement that any vessel acquired with CCF funds must be reconstructed, regardless of vessel condition. The new regulations also prohibit withdrawals of funds under the CCF program (program) for projects that increase harvesting capacity, unless the project is subject to a limited access system in which the fisheries management authority establishes harvesting limits. DATES: Effective June 29, 2017. ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for this action may be obtained from Paul Marx, Chief, Financial sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 24561 17:28 May 26, 2017 Jkt 241001 Services Division, NMFS, Attn: Capital Construction Fund Rulemaking, 1315 East-West Highway, Silver Spring, MD 20910 or by calling Richard VanGorder (see FOR FURTHER INFORMATION CONTACT) or on the Capital Construction Fund Web site at https://www.nmfs.noaa.gov/ mb/financial_services/ccf.htm. Send comments regarding the burdenhour estimates or other aspects of the collection-of-information requirements contained in this final rule to Richard VanGorder at the address specified above and also to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer) or email to OIRA_Submission@ omb.eop.gov, or fax to (202) 395–7825. FOR FURTHER INFORMATION CONTACT: Richard VanGorder at 301–427–8784 or via email at Richard.VanGorder@ noaa.gov. SUPPLEMENTARY INFORMATION: Background This final rule revises and replaces the CCF regulations found at 50 CFR part 259. The program was established by the Merchant Marine Act of 1936 (MMA), ch. 858, title VI, sec. 607(a), 49 Stat. 2005 (1936) (current version at 46 U.S.C. 53503 (2007) and is administered pursuant to 50 CFR part 259. The purpose of the program is to assist owners and operators of United States flagged vessels in accumulating the large amount of capital necessary for the modernization of the U.S. merchant marine fleet. The extensive vessel reconstruction requirements in the current regulations no longer make sense given the improved status of the merchant marine fleet. The program encourages construction, reconstruction, or acquisition of vessels through deferment of Federal income taxes. Owners and operators of vessels deposit income from fishing into CCF accounts prior to paying income taxes. PO 00000 Frm 00107 Fmt 4700 Sfmt 4700 $6,695.00 Payment type code CLEA All deferred taxes are eventually recovered upon the sale of the vessel because the cost basis of the vessel is reduced by the dollar amount of CCF funds used for its purchase or improvements. To participate in the program, a vessel owner submits an application to the Financial Services Division of the National Marine Fisheries Service in advance of the relevant Federal tax filing due date. The application identifies the income earning vessel(s), the type of project(s) anticipated, and the financial institution that will hold the CCF deposits. Once the Secretary of Commerce deems an application compliant with the CCF statute and regulations, a CCF Agreement is executed between the United States and the vessel owner or operator. Currently, there are 1,394 CCF Agreements with a total of approximately $270M on deposit. Many of these CCF Agreements were established years ago and identify scheduled projects that are no longer viable. Consequently, CCF participants are faced with either having funds languish on deposit for nonviable scheduled projects or making a nonqualified withdrawal of funds and paying deferred taxes at the highest marginal rate. The authority to make regulatory changes to the program is granted under 46 U.S.C. 53502(a), which permits the Secretary of Commerce to prescribe regulations (except for the determination of tax liability) to carry out the program. The program regulations were last amended in 1997 to permit reconstruction projects for safety improvements. The changes to the CCF regulations are intended to ease the current restrictions on the allowable uses of CCF funds while remaining consistent with current agency priorities of maintaining sustainable fisheries. For example, currently, reconstruction is required when using CCF funds to E:\FR\FM\30MYR1.SGM 30MYR1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24560-24561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11034]



[[Page 24560]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MD Docket No. 17-123; FCC 17-53]


Procedures for Paper Filings and Collecting Application and 
Regulatory Fees

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission commences the process of 
migrating away from using P.O. Boxes (``Lockboxes'') to collect 
application and regulatory fees, as well as paper filings. As the 
Commission gravitates toward an all-electronic payment and filing 
system, the P.O. Boxes once established to collect filings and fees via 
check or money order will be gradually closed, and the Commission's 
rules changed accordingly. In this, the first step of this process, the 
Commission amends its rules to close P.O. Box 979092, used to collect 
petitions filed under of the Communications Assistance for Law 
Enforcement Act (CALEA), as well as associated fee payments. Permittees 
wishing to file future petitions will need to do so electronically 
through the Commission's electronic filing system and pay the pertinent 
fees through the Fee Filer Online System, or through another electronic 
payment mechanism designated by the Commission.

DATES: Effective June 29, 2017.

FOR FURTHER INFORMATION CONTACT: Warren Firschein, Office of Managing 
Director at (202) 418-0844.

SUPPLEMENTARY INFORMATION: 
    1. In this Order, we reduce Commission expenditures and modernize 
our procedures by amending section 1.1109 \1\ of our rules, which sets 
forth the application fee for petitions filed with the Federal 
Communications Commission (Commission) under section 109(b) of the 
Communications Assistance for Law Enforcement Act (CALEA).\2\
---------------------------------------------------------------------------

    \1\ 47 CFR 1.1109.
    \2\ 47 U.S.C. 1008(b).
---------------------------------------------------------------------------

    2. Enacted in 1994, CALEA was designed to respond to advances in 
technology and eliminate obstacles faced by law enforcement personnel 
in conducting electronic surveillance.\3\ CALEA imposed certain 
technical requirements on telecommunications carriers and provided 
carriers with certain rights to petition the Commission for relief from 
these requirements.\4\ CALEA also amended the Commission's fee schedule 
under section 8 of the Communications Act \5\ to require payment of an 
application fee for one type of CALEA filing--petitions filed under 
section 109(b) of CALEA.\6\ Such section 109(b) petitions allowed 
telecommunications carriers to petition the Commission for an order 
declaring the petitioning carrier's obligation to comply with CALEA's 
section 103 capability requirements ``not reasonably achievable.'' \7\ 
The section 109(b) fee requirement was codified in section 1.1109 of 
the Commission's rules \8\ providing for payment of the fee to P.O. Box 
979092 at U.S. Bank in St. Louis, Missouri.\9\ The only current use of 
section 1.1109 and P.O. Box 979092 is to collect fees for section 
109(b) petitions. The FCC has not received a section 109(b) petition 
since 2002.
---------------------------------------------------------------------------

    \3\ See generally Communications Assistance for Law Enforcement 
Act, Second Report and Order, 15 FCC Rcd 7105 (1999).
    \4\ Id. at 7121-33, paras. 30-46; see also Communications 
Assistance for Law Enforcement Act and Broadband Access and 
Services, ET Docket No. 04-295, Second Report and Order and 
Memorandum Opinion and Order, 21 FCC Rcd 5360 (2006).
    \5\ 47 U.S.C. 158.
    \6\ Communications Assistance for Law Enforcement Act, Public 
Law 103-414, 302, 108 Stat. 4279, 4294 (1994). Section 302 of CALEA 
provided for modification of the Commission's schedule of 
application fees. In 1994, when CALEA was enacted, that fee was 
established at $5,000, which was subsequently adjusted for 
inflation.
    \7\ 47 U.S.C. 1008(b)(1).
    \8\ 47 CFR 1.1109.
    \9\ Id.
---------------------------------------------------------------------------

    3. The Commission has started to migrate away from using P.O. Boxes 
\10\ and toward using an all-electronic payment system for all 
application and regulatory fees.\11\ This change is based on U.S. 
Treasury guidance and is being implemented to the extent practicable 
and otherwise permitted by law.\12\ Utilizing an all-electronic payment 
system will increase the agency's financial efficiency by reducing 
expenditures, including the annual fee for utilizing the bank's 
services as well as the cost to manually process each transaction, and 
will have no measurable impact on telecommunications carriers.
---------------------------------------------------------------------------

    \10\ The FCC collects fees using a series of P.O. Boxes located 
at U.S. Bank in St. Louis, Missouri. 47 CFR 1.1101-1.1109 (setting 
forth the fee schedule for each type of application remittable to 
the Commission along with the correct lockbox).
    \11\ In 2015, the Commission revised its payment rules to 
encourage electronic payment of application fees and require 
electronic payment of regulatory fees. 47 CFR 1.1112 (application 
fees) and 1.1158 (regulatory fees). These rules became effective 
November 30, 2015. 80 FR 66816 (Oct. 30, 2015).
    \12\ Treasury Financial Manual, Bulletin Number 2014-08, 
``Agency No-Cash or No-Check Policies,'' released on August 5, 2014 
(Explaining the circumstances under which agencies may decide not to 
accept payments made in cash or by check and also noting that the 
U.S. Treasury's move to an all-electronic Treasury as well as the 
purposes of Federal cash-management statutes.) Available at https://tfm.fiscal.treasury.gov/v1/bull/14-08.pdf (last visited March 10, 
2017); see also https://obamawhitehouse.archives.gov/the-press-office/2011/06/13/executive-order-13576-delivering-efficient-effective-and-accountable-gov.
---------------------------------------------------------------------------

    4. As part of this effort, we are closing P.O. Box 979092. With 
this Order, we amend our rules to reflect this change as indicated in 
the Final Rules section of this Order. Future payments for any section 
109(b) petition filed with the Commission will be made in accordance 
with the procedures set forth on the Commission's Web site, https://www.fcc.gov/licensing-databases/fees. For now, such payments will be 
made through the Fee Filer Online System, accessible at https://www.fcc.gov/licensing-databases/fees/fee-filer, but as we assess and 
implement U.S. Treasury guidance on an all-electronic payment system, 
we may transition to other secure payment systems with appropriate 
public notice and guidance. We make this change without notice and 
comment because it is a rule of agency organization, procedure, or 
practice exempt from the general notice-and-comment requirements of the 
Administrative Procedure Act.\13\ To file section 109(b) petitions 
electronically, parties should utilize the Commission's ECFS filing 
system, which can be found at https://apps.fcc.gov/ecfs/upload/display. 
Petitions filed in hard copy format should be submitted according to 
the procedures set forth on the Web page of the FCC's Office of the 
Secretary, https://www.fcc.gov/secretary.
---------------------------------------------------------------------------

    \13\ 5 U.S.C. 553(b)(A).
---------------------------------------------------------------------------

    5. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any 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 107-198, see 44 U.S.C. 
3506(c)(4).
    6. Accordingly, it is ordered, that pursuant to sections 4(i), 
4(j), 201(b), and 229(a) of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i), 154(j), 201(b), 229(a), 47 CFR part 1 is amended as 
set forth below.
    7. It is further ordered, that the Commission shall send a copy of 
this Order to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).


[[Page 24561]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 is revised to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 
225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455.


0
2. Revise Sec.  1.1109 to read as follows:


Sec.  1.1109  Schedule of charges for applications and other filings 
for the Homeland services.

    Remit filings and/or payment for these services electronically 
using the Commission's electronic filing and payment system, in 
accordance with the procedures set forth on the Commission's Web site, 
https://www.fcc.gov/licensing-databases/fees.

----------------------------------------------------------------------------------------------------------------
                                                                                                   Payment type
                    Service                               FCC Form No.              Fee amount         code
----------------------------------------------------------------------------------------------------------------
1. Communication Assistance for Law             Correspondence & 159............       $6,695.00            CLEA
 Enforcement (CALEA) Petitions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-11034 Filed 5-26-17; 8:45 am]
BILLING CODE 6712-01-P

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