Delegations of Authority To Act on Applications for Review, 12545-12547 [2021-03699]
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
message can be received without
jeopardizing the safety or security of
people, places or vessels.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone on the RR at MM
58 through 60 in the vicinity of Moncla,
LA, that will prohibit entry into this
zone. The safety zone will only be
enforced while operations preclude the
safe navigation of the established
channel. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0125 to read as
follows:
■
§ 165.T08–0125 Safety Zone; Red River,
Mile Marker 59, Moncla, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Red River at Mile Marker (MM) 58
through 60 in the vicinity of Moncla,
LA.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Eforcement period. This section
will be enforced from March 3, 2021
until March 10, 2021.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
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12545
Dated: February 26, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–04471 Filed 3–3–21; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0 and 1
[GN Docket No. 21–16; FCC 21–17; FRS
17471]
Delegations of Authority To Act on
Applications for Review
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) amends its organizational
rules to codify a uniformly applicable
standard for the exercise of delegated
authority by staff Bureaus and Offices to
dismiss procedurally defective
Applications for Review. Bureaus and
Offices will have clear authority to
dismiss such applications that do not
comply with procedural requirements.
DATES: Effective April 5, 2021.
FOR FURTHER INFORMATION CONTACT:
David Konczal, Office of General
Counsel, at David.Konczal@fcc.gov or
(202) 418–1700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
GN Docket No. 21–16; FCC 21–17,
adopted on January 13, 2021, and
released on January 14, 2021. The
complete text of this document can be
located on the FCC website at https://
docs.fcc.gov/public/attachments/FCC21-17A1.pdf.
SUMMARY:
Synopsis
1. By this Order, we amend parts 0
and 1 of the Commission’s rules to
codify a uniformly applicable standard
for the exercise of delegated authority
by various Bureaus and Offices to
dismiss Applications for Review that do
not comply with the procedural
requirements of 47 CFR 1.115(a), (b), (d),
or (f). Our current rules delegating
authority to the various Bureaus and
Offices are inconsistent on this issue.
The rules delegating authority to certain
Bureaus and Offices provide them with
authority to dismiss procedurally
defective Applications for Review.1 The
rules delegating authority to the other
1 See
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47 CFR 0.271(c), 0.331(c), 0.261(b)(3).
04MRR1
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Bureaus and Offices do not expressly
provide this authority.2
2. To remove this inconsistency, we
hereby amend our rules to delegate
authority to various Bureaus and Offices
to dismiss any Application for Review
that does not contain any statement
required under 47 CFR 1.115(a) or (b),3
or does not comply with the filing
requirements of 47 CFR 1.115(d) or (f).
We conclude that this action will
eliminate confusion on this issue for the
benefit of parties seeking Commission
review of staff actions and parties
opposing such challenges. In addition,
this action will aid in the expeditious
dismissal of procedurally defective
Applications for Review. These
amendments to the rules will apply to
all Applications for Review filed on or
after the effective date of the
amendments set forth below.
3. We also take this opportunity to
correct a typographical error in the rules
describing the functions of the Wireline
Competition Bureau. As codified,
§ 0.91(m) specifies that one of the
functions of the Wireline Competition
Bureau is to ‘‘[c]arry out the functions
of the Commission under the
Communications Act of 1934, as
amended, except as reserved to the
Commission under § 0.331.’’ 4 The
reference to § 0.331 is an error, as that
is the provision of our rules that
delegates authority to the Wireless
Telecommunications Bureau. Instead
the limitation should refer to § 0.291 of
our rules, which delegates authority to
the Wireline Competition Bureau.
4. We hereby amend § 0.91 to correct
that typographical error. We conclude
that this action will eliminate confusion
on this issue for the benefit of parties
seeking to determine the scope of
authority delegated to the Wireline
Competition Bureau.
5. Finally, we make a minor
correction to § 0.392(j) of the delegated
authority rules for the Public Safety and
Homeland Security Bureau, which
states that the chief of that bureau has
authority to administer the 911
communications reliability and
redundancy rules and policies
‘‘contained in part 12 of this chapter.’’
The reference to part 12 is no longer
correct because in 2019, the
Commission moved the part 12 rules to
part 9 as part of its general
consolidation of 911 rules in the Kari’s
2 See 47 CFR 0.212(b)(3), 0.241(a)(2), 0.283(b),
0.291(d), 0.311(a)(2), 0.361(b), 0.392(b).
3 The Bureaus’ authority extends to those
applications where such statements are missing
entirely.
4 47 CFR 0.91(m).
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Law/RAY BAUM’S Act proceeding.5
Therefore, we amend § 0.392(j) to
replace the references to ‘‘part 12’’ with
‘‘part 9.’’
6. No Notice and Comment Required.
We have determined that the changes
we adopt here are rules of agency
organization, procedure, or practice, and
are therefore exempt from the notice
and comment requirements of the
Administrative Procedure Act, 5 U.S.C.
553(b)(A).
7. Regulatory Flexibility Act,
Paperwork Reduction Act, and
Congressional Review Act. Section 603
of the Regulatory Flexibility Act, as
amended, 5 U.S.C. 603(a), requires a
regulatory flexibility analysis in notice
and comment rulemaking proceedings.
As we are adopting these rules without
notice and comment, no regulatory
flexibility analysis is required. This
document does not contain any new or
modified information collection(s)
subject to the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501–3520. 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,
44 U.S.C. 3506(c)(4). The Commission
will not send a copy of this Order
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A), 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,’’ 5
U.S.C. 804(3)(C).
8. Accordingly, it is ordered that
pursuant to sections 4(i), 4(j), and 5 of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 155,
and 47 CFR 0.201(d), this order is
hereby adopted and the rules set forth
below are hereby amended effective 30
days after publication in the Federal
Register.
List of Subjects
47 CFR Part 0
Authority delegations, Organization
and functions.
47 CFR Part 1
Administrative practice and
procedure, Penalties.
5 Implementing Kari’s Law and Section 506 of
RAY BAUM’S Act; Inquiry Concerning 911 Access,
Routing, and Location in Enterprise
Communications Systems; Amending the Definition
of Interconnected VoIP Service in Section 9.3 of the
Commission’s Rules, Report and Order, 84 FR
66716 (Dec. 5, 2019), 34 FCC Rcd 6607 (2019). The
former part 12 rules are now contained in 47 CFR
part 9.
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Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 0 and
1 as follows:
PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 154(j),
155, 225, and 409, unless otherwise noted.
2. Amend § 0.91 by revising paragraph
(m) to read as follows:
■
§ 0.91
Functions of the Bureau.
*
*
*
*
*
(m) Carry out the functions of the
Commission under the Communications
Act of 1934, as amended, except as
reserved to the Commission under
§ 0.291.
*
*
*
*
*
■ 3. Amend § 0.212 by revising
paragraph (b)(3) to read as follows:
§ 0.212
Board of Commissioners.
*
*
*
*
*
(b) * * *
(3) Applications for review of actions
taken pursuant to delegated authority,
except that the Board may dismiss any
such application that does not contain
any statement required under § 1.115(a)
or (b) of this chapter, or does not
comply with the filing requirements of
§ 1.115(d) or (f) of this chapter.
*
*
*
*
*
■ 4. Amend § 0.241 by revising
paragraphs (a) introductory text and
(a)(2) to read as follows:
§ 0.241
Authority delegated.
(a) The performance of functions and
activities described in § 0.31 is
delegated to the Chief of the Office of
Engineering and Technology: Provided
that the following matters shall be
referred to the Commission en banc for
disposition:
*
*
*
*
*
(2) Applications for review of actions
taken pursuant to delegated authority,
except that the Chief of the Office of
Engineering and Technology may
dismiss any such application that does
not contain any statement required
under § 1.115(a) or (b) of this chapter, or
does not comply with the filing
requirements of § 1.115(d) or (f) of this
chapter.
*
*
*
*
*
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5. Amend § 0.261 by revising
paragraph (b)(3) to read as follows:
■
§ 0.261
Authority delegated.
*
*
*
*
*
(b) * * *
(3) To act upon any application for
review of actions taken by the Chief,
International Bureau, pursuant to
delegated authority, except that the
Chief of the International Bureau may
dismiss any such application that does
not contain any statement required
under § 1.115(a) or (b) of this chapter, or
does not comply with the filing
requirements of § 1.115(d) or (f) of this
chapter;
*
*
*
*
*
■ 6. Amend § 0.271 by revising
paragraph (c) to read as follows:
§ 0.271
Authority delegated.
*
*
*
*
*
(c) The Chief, Office of Economics
and Analytics, shall not have authority
to act on any applications for review of
actions taken by the Chief of the Office
of Economics and Analytics pursuant to
delegated authority, except that the
Chief may dismiss any such application
that does not contain any statement
required under § 1.115(a) or (b) of this
chapter, or does not comply with the
filing requirements of § 1.115(d) or (f) of
this chapter.
*
*
*
*
*
■ 7. Amend § 0.283 by revising
paragraph (b) to read as follows:
§ 0.283
Authority delegated.
*
*
*
*
*
(b) Application for review of actions
taken pursuant to delegated authority,
except that the Chief of the Media
Bureau may dismiss any such
application that does not contain any
statement required under § 1.115(a) or
(b) of this chapter, or does not comply
with the filing requirements of
§ 1.115(d) or (f) of this chapter.
*
*
*
*
*
■ 8. Amend § 0.291 by revising
paragraph (d) to read as follows:
§ 0.291
Authority delegated.
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*
*
*
*
*
(d) Authority concerning applications
for review. The Chief, Wireline
Competition Bureau, shall not have
authority to act upon any applications
for review of actions taken by the Chief,
Wireline Competition Bureau, pursuant
to any delegated authority, except that
the Chief of the Wireline Competition
Bureau may dismiss any such
application that does not contain any
statement required under § 1.115(a) or
(b) of this chapter, or does not comply
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with the filing requirements of
§ 1.115(d) or (f) of this chapter.
*
*
*
*
*
■ 9. Amend § 0.311 by revising
paragraph (a)(2) to read as follows:
§ 0.311
Authority delegated.
*
*
*
*
*
(a) * * *
(2) Applications for review of actions
taken pursuant to delegated authority,
except that the Chief of the Enforcement
Bureau may dismiss any such
application that does not contain any
statement required under § 1.115(a) or
(b) of this chapter, or does not comply
with the filing requirements of
§ 1.115(d) or (f) of this chapter.
*
*
*
*
*
■ 10. Amend § 0.331 by revising
paragraph (c) to read as follows:
§ 0.331
Authority delegated.
*
*
*
*
(c) Authority concerning applications
for review. The Chief, Wireless
Telecommunications Bureau, shall not
have authority to act upon any
applications for review of actions taken
by the Chief of the Wireless
Telecommunications Bureau pursuant
to any delegated authority, except that
the Chief may dismiss any such
application that does not contain any
statement required under § 1.115(a) or
(b) of this chapter, or does not comply
with the filing requirements of § 1.115
(d) or (f) of this chapter.
*
*
*
*
*
■ 11. Amend § 0.361 by revising
paragraph (b) to read as follows:
12547
may dismiss any such application that
does not contain any statement required
under § 1.115(a) or (b) of this chapter, or
does not comply with the filing
requirements of § 1.115(d) or (f) of this
chapter.
*
*
*
*
*
(j) The Chief of the Public Safety and
Homeland Security Bureau is delegated
authority to administer the
communications reliability and
redundancy rules and policies
contained in part 9, subpart H, of this
chapter, develop and revise forms and
procedures as may be required for the
administration of part 9, subpart H, of
this chapter, review certifications filed
in connection therewith, and order
remedial action on a case-by-case basis
to ensure the reliability of 911 service in
accordance with such rules and
policies.
*
§ 0.361
Authority delegated.
*
*
*
*
*
(b) Application for review of actions
taken pursuant to delegated authority,
except that the Chief of Consumer and
Governmental Affairs Bureau may
dismiss any such application that does
not contain any statement required
under § 1.115(a) or (b) of this chapter, or
does not comply with the filing
requirements of § 1.115(d) or (f) of this
chapter.
*
*
*
*
*
■ 12. Amend § 0.392 by revising
paragraphs (b) and (j) to read as follows:
§ 0.392
Authority delegated.
*
*
*
*
*
(b) The Public Safety and Homeland
Security Bureau shall not have authority
to act upon any applications for review
of actions taken by the Chief, Public
Safety and Homeland Security Bureau,
pursuant to any delegated authority,
except that the Chief of the Public
Safety and Homeland Security Bureau
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PART 1—PRACTICE AND
PROCEDURE
13. The authority citation for part 1 is
revised to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
14. Amend § 1.104 by:
a. Revising paragraph (b); and
■ b. Removing the note following
paragraph (d) and the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
■
■
§ 1.104 Preserving the right of review;
deferred consideration of application for
review.
*
*
*
*
*
(b) Any person desiring Commission
consideration of a final action taken
pursuant to delegated authority shall
file either a petition for reconsideration
or an application for review (but not
both) within 30 days from the date of
public notice of such action, as that date
is defined in § 1.4(b). The petition for
reconsideration will be acted on by the
designated authority or referred by such
authority to the Commission: Provided
that a petition for reconsideration of an
order designating a matter for hearing
will in all cases be referred to the
Commission. The application for review
will be acted upon by the Commission,
except in those cases where a Bureau or
Office has been delegated authority to
dismiss an application for review.
*
*
*
*
*
[FR Doc. 2021–03699 Filed 3–3–21; 8:45 am]
BILLING CODE 6712–01–P
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04MRR1
]]>Agencies
[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Rules and Regulations]
[Pages 12545-12547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03699]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 1
[GN Docket No. 21-16; FCC 21-17; FRS 17471]
Delegations of Authority To Act on Applications for Review
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its organizational rules to codify a uniformly
applicable standard for the exercise of delegated authority by staff
Bureaus and Offices to dismiss procedurally defective Applications for
Review. Bureaus and Offices will have clear authority to dismiss such
applications that do not comply with procedural requirements.
DATES: Effective April 5, 2021.
FOR FURTHER INFORMATION CONTACT: David Konczal, Office of General
Counsel, at [email protected] or (202) 418-1700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in GN Docket No. 21-16; FCC 21-17, adopted on January 13, 2021, and
released on January 14, 2021. The complete text of this document can be
located on the FCC website at https://docs.fcc.gov/public/attachments/FCC-21-17A1.pdf.
Synopsis
1. By this Order, we amend parts 0 and 1 of the Commission's rules
to codify a uniformly applicable standard for the exercise of delegated
authority by various Bureaus and Offices to dismiss Applications for
Review that do not comply with the procedural requirements of 47 CFR
1.115(a), (b), (d), or (f). Our current rules delegating authority to
the various Bureaus and Offices are inconsistent on this issue. The
rules delegating authority to certain Bureaus and Offices provide them
with authority to dismiss procedurally defective Applications for
Review.\1\ The rules delegating authority to the other
[[Page 12546]]
Bureaus and Offices do not expressly provide this authority.\2\
---------------------------------------------------------------------------
\1\ See 47 CFR 0.271(c), 0.331(c), 0.261(b)(3).
\2\ See 47 CFR 0.212(b)(3), 0.241(a)(2), 0.283(b), 0.291(d),
0.311(a)(2), 0.361(b), 0.392(b).
---------------------------------------------------------------------------
2. To remove this inconsistency, we hereby amend our rules to
delegate authority to various Bureaus and Offices to dismiss any
Application for Review that does not contain any statement required
under 47 CFR 1.115(a) or (b),\3\ or does not comply with the filing
requirements of 47 CFR 1.115(d) or (f). We conclude that this action
will eliminate confusion on this issue for the benefit of parties
seeking Commission review of staff actions and parties opposing such
challenges. In addition, this action will aid in the expeditious
dismissal of procedurally defective Applications for Review. These
amendments to the rules will apply to all Applications for Review filed
on or after the effective date of the amendments set forth below.
---------------------------------------------------------------------------
\3\ The Bureaus' authority extends to those applications where
such statements are missing entirely.
---------------------------------------------------------------------------
3. We also take this opportunity to correct a typographical error
in the rules describing the functions of the Wireline Competition
Bureau. As codified, Sec. 0.91(m) specifies that one of the functions
of the Wireline Competition Bureau is to ``[c]arry out the functions of
the Commission under the Communications Act of 1934, as amended, except
as reserved to the Commission under Sec. 0.331.'' \4\ The reference to
Sec. 0.331 is an error, as that is the provision of our rules that
delegates authority to the Wireless Telecommunications Bureau. Instead
the limitation should refer to Sec. 0.291 of our rules, which
delegates authority to the Wireline Competition Bureau.
---------------------------------------------------------------------------
\4\ 47 CFR 0.91(m).
---------------------------------------------------------------------------
4. We hereby amend Sec. 0.91 to correct that typographical error.
We conclude that this action will eliminate confusion on this issue for
the benefit of parties seeking to determine the scope of authority
delegated to the Wireline Competition Bureau.
5. Finally, we make a minor correction to Sec. 0.392(j) of the
delegated authority rules for the Public Safety and Homeland Security
Bureau, which states that the chief of that bureau has authority to
administer the 911 communications reliability and redundancy rules and
policies ``contained in part 12 of this chapter.'' The reference to
part 12 is no longer correct because in 2019, the Commission moved the
part 12 rules to part 9 as part of its general consolidation of 911
rules in the Kari's Law/RAY BAUM'S Act proceeding.\5\ Therefore, we
amend Sec. 0.392(j) to replace the references to ``part 12'' with
``part 9.''
---------------------------------------------------------------------------
\5\ Implementing Kari's Law and Section 506 of RAY BAUM'S Act;
Inquiry Concerning 911 Access, Routing, and Location in Enterprise
Communications Systems; Amending the Definition of Interconnected
VoIP Service in Section 9.3 of the Commission's Rules, Report and
Order, 84 FR 66716 (Dec. 5, 2019), 34 FCC Rcd 6607 (2019). The
former part 12 rules are now contained in 47 CFR part 9.
---------------------------------------------------------------------------
6. No Notice and Comment Required. We have determined that the
changes we adopt here are rules of agency organization, procedure, or
practice, and are therefore exempt from the notice and comment
requirements of the Administrative Procedure Act, 5 U.S.C. 553(b)(A).
7. Regulatory Flexibility Act, Paperwork Reduction Act, and
Congressional Review Act. Section 603 of the Regulatory Flexibility
Act, as amended, 5 U.S.C. 603(a), requires a regulatory flexibility
analysis in notice and comment rulemaking proceedings. As we are
adopting these rules without notice and comment, no regulatory
flexibility analysis is required. This document does not contain any
new or modified information collection(s) subject to the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-3520. 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, 44 U.S.C. 3506(c)(4).
The Commission will not send a copy of this Order pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), 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,'' 5 U.S.C. 804(3)(C).
8. Accordingly, it is ordered that pursuant to sections 4(i), 4(j),
and 5 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), 155, and 47 CFR 0.201(d), this order is hereby adopted and the
rules set forth below are hereby amended effective 30 days after
publication in the Federal Register.
List of Subjects
47 CFR Part 0
Authority delegations, Organization and functions.
47 CFR Part 1
Administrative practice and procedure, Penalties.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0 and 1 as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409,
unless otherwise noted.
0
2. Amend Sec. 0.91 by revising paragraph (m) to read as follows:
Sec. 0.91 Functions of the Bureau.
* * * * *
(m) Carry out the functions of the Commission under the
Communications Act of 1934, as amended, except as reserved to the
Commission under Sec. 0.291.
* * * * *
0
3. Amend Sec. 0.212 by revising paragraph (b)(3) to read as follows:
Sec. 0.212 Board of Commissioners.
* * * * *
(b) * * *
(3) Applications for review of actions taken pursuant to delegated
authority, except that the Board may dismiss any such application that
does not contain any statement required under Sec. 1.115(a) or (b) of
this chapter, or does not comply with the filing requirements of Sec.
1.115(d) or (f) of this chapter.
* * * * *
0
4. Amend Sec. 0.241 by revising paragraphs (a) introductory text and
(a)(2) to read as follows:
Sec. 0.241 Authority delegated.
(a) The performance of functions and activities described in Sec.
0.31 is delegated to the Chief of the Office of Engineering and
Technology: Provided that the following matters shall be referred to
the Commission en banc for disposition:
* * * * *
(2) Applications for review of actions taken pursuant to delegated
authority, except that the Chief of the Office of Engineering and
Technology may dismiss any such application that does not contain any
statement required under Sec. 1.115(a) or (b) of this chapter, or does
not comply with the filing requirements of Sec. 1.115(d) or (f) of
this chapter.
* * * * *
[[Page 12547]]
0
5. Amend Sec. 0.261 by revising paragraph (b)(3) to read as follows:
Sec. 0.261 Authority delegated.
* * * * *
(b) * * *
(3) To act upon any application for review of actions taken by the
Chief, International Bureau, pursuant to delegated authority, except
that the Chief of the International Bureau may dismiss any such
application that does not contain any statement required under Sec.
1.115(a) or (b) of this chapter, or does not comply with the filing
requirements of Sec. 1.115(d) or (f) of this chapter;
* * * * *
0
6. Amend Sec. 0.271 by revising paragraph (c) to read as follows:
Sec. 0.271 Authority delegated.
* * * * *
(c) The Chief, Office of Economics and Analytics, shall not have
authority to act on any applications for review of actions taken by the
Chief of the Office of Economics and Analytics pursuant to delegated
authority, except that the Chief may dismiss any such application that
does not contain any statement required under Sec. 1.115(a) or (b) of
this chapter, or does not comply with the filing requirements of Sec.
1.115(d) or (f) of this chapter.
* * * * *
0
7. Amend Sec. 0.283 by revising paragraph (b) to read as follows:
Sec. 0.283 Authority delegated.
* * * * *
(b) Application for review of actions taken pursuant to delegated
authority, except that the Chief of the Media Bureau may dismiss any
such application that does not contain any statement required under
Sec. 1.115(a) or (b) of this chapter, or does not comply with the
filing requirements of Sec. 1.115(d) or (f) of this chapter.
* * * * *
0
8. Amend Sec. 0.291 by revising paragraph (d) to read as follows:
Sec. 0.291 Authority delegated.
* * * * *
(d) Authority concerning applications for review. The Chief,
Wireline Competition Bureau, shall not have authority to act upon any
applications for review of actions taken by the Chief, Wireline
Competition Bureau, pursuant to any delegated authority, except that
the Chief of the Wireline Competition Bureau may dismiss any such
application that does not contain any statement required under Sec.
1.115(a) or (b) of this chapter, or does not comply with the filing
requirements of Sec. 1.115(d) or (f) of this chapter.
* * * * *
0
9. Amend Sec. 0.311 by revising paragraph (a)(2) to read as follows:
Sec. 0.311 Authority delegated.
* * * * *
(a) * * *
(2) Applications for review of actions taken pursuant to delegated
authority, except that the Chief of the Enforcement Bureau may dismiss
any such application that does not contain any statement required under
Sec. 1.115(a) or (b) of this chapter, or does not comply with the
filing requirements of Sec. 1.115(d) or (f) of this chapter.
* * * * *
0
10. Amend Sec. 0.331 by revising paragraph (c) to read as follows:
Sec. 0.331 Authority delegated.
* * * * *
(c) Authority concerning applications for review. The Chief,
Wireless Telecommunications Bureau, shall not have authority to act
upon any applications for review of actions taken by the Chief of the
Wireless Telecommunications Bureau pursuant to any delegated authority,
except that the Chief may dismiss any such application that does not
contain any statement required under Sec. 1.115(a) or (b) of this
chapter, or does not comply with the filing requirements of Sec. 1.115
(d) or (f) of this chapter.
* * * * *
0
11. Amend Sec. 0.361 by revising paragraph (b) to read as follows:
Sec. 0.361 Authority delegated.
* * * * *
(b) Application for review of actions taken pursuant to delegated
authority, except that the Chief of Consumer and Governmental Affairs
Bureau may dismiss any such application that does not contain any
statement required under Sec. 1.115(a) or (b) of this chapter, or does
not comply with the filing requirements of Sec. 1.115(d) or (f) of
this chapter.
* * * * *
0
12. Amend Sec. 0.392 by revising paragraphs (b) and (j) to read as
follows:
Sec. 0.392 Authority delegated.
* * * * *
(b) The Public Safety and Homeland Security Bureau shall not have
authority to act upon any applications for review of actions taken by
the Chief, Public Safety and Homeland Security Bureau, pursuant to any
delegated authority, except that the Chief of the Public Safety and
Homeland Security Bureau may dismiss any such application that does not
contain any statement required under Sec. 1.115(a) or (b) of this
chapter, or does not comply with the filing requirements of Sec.
1.115(d) or (f) of this chapter.
* * * * *
(j) The Chief of the Public Safety and Homeland Security Bureau is
delegated authority to administer the communications reliability and
redundancy rules and policies contained in part 9, subpart H, of this
chapter, develop and revise forms and procedures as may be required for
the administration of part 9, subpart H, of this chapter, review
certifications filed in connection therewith, and order remedial action
on a case-by-case basis to ensure the reliability of 911 service in
accordance with such rules and policies.
PART 1--PRACTICE AND PROCEDURE
0
13. The authority citation for part 1 is revised to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
14. Amend Sec. 1.104 by:
0
a. Revising paragraph (b); and
0
b. Removing the note following paragraph (d) and the parenthetical
authority citation at the end of the section.
The revision reads as follows:
Sec. 1.104 Preserving the right of review; deferred consideration of
application for review.
* * * * *
(b) Any person desiring Commission consideration of a final action
taken pursuant to delegated authority shall file either a petition for
reconsideration or an application for review (but not both) within 30
days from the date of public notice of such action, as that date is
defined in Sec. 1.4(b). The petition for reconsideration will be acted
on by the designated authority or referred by such authority to the
Commission: Provided that a petition for reconsideration of an order
designating a matter for hearing will in all cases be referred to the
Commission. The application for review will be acted upon by the
Commission, except in those cases where a Bureau or Office has been
delegated authority to dismiss an application for review.
* * * * *
[FR Doc. 2021-03699 Filed 3-3-21; 8:45 am]
BILLING CODE 6712-01-P
