Federal Register - July 28, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations F. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered 76. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives among others: 1 the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; 2 the clarification, consolidation, or simplification of compliance and reporting requirements under the rules for such small entities;
3 the use of performance rather than design standards; and 4 an exemption from coverage of the rule, or any part thereof, for such small entities.
77. The Commissions rate caps differentiate between prisons, larger jails, and jails with average daily populations below 1,000 to account for differences in costs incurred by providers servicing these different facility types. The Commission adopts new interim interstate provider-related rate caps for prisons and larger jails and for collect calls from jails with average daily populations below 1,000. The Commission believes these actions properly recognize that, in comparison to prisons and larger jails, jails with average daily populations below 1,000
may be relatively high-cost facilities for providers to serve. The Commission also adopts rate caps for international calls originating from facilities of any size.
78. The Commission adopts new interim interstate facility-related rate components for prisons and larger jails to allow providers to recover portions of site commission payments estimated to be directly related to the provision of inmate calling services and to separately list these charges on consumers bills.
Providers must determine whether a site commission payment is either 1
mandated pursuant to state statute, or law or regulation and adopted pursuant to state administrative procedure statutes where there is notice and an opportunity for public comment that operates independently of the contracting process between correctional institutions and providers Legally Mandated facility rate component, or 2 results from contractual obligations reflecting negotiations between providers and correctional facilities arising from the bidding and subsequent contracting process the Contractually Prescribed facility rate component. For Legally Mandated site commission payments,
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providers may pass these payments through to consumers without any markup, as an additional component of the new interim interstate per-minute rate cap. For Contractually Prescribed site commission payments, providers may recover an amount up to $0.02 per minute to account for these costs. To promote increased transparency, the Third Report and Order requires providers to clearly label a Legally Mandated or Contractually Prescribed facility rate component, as applicable, in the rates and charges portion of a consumers bill, including disclosing the source of such providers obligation to pay that facility-related rate component.
79. The Commission recognizes that it cannot foreclose the possibility that in certain limited instances, the interim rate caps may not be sufficient for certain providers to recover their costs of providing interstate and international inmate calling services. To minimize the burden on providers, the Commission adopts a waiver process that allows providers to seek relief from its rules at the facility or contract level if they can demonstrate that they are unable to recover their legitimate inmate calling services-related costs at that facility or for that contract. The Commission will review submitted waivers and potentially raise each applicable rate cap to a level that enables the provider to recover the costs of providing inmate calling services at that facility. This waiver opportunity should benefit any inmate calling services providers that may be small businesses and that are unable to recover their interstate and international costs under the new interim rate caps.
G. Report to Congress 80. The Commission will send a copy of the Third Report and Order and Order on Reconsideration, including this Supplemental FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996. In addition, the Commission will send a copy of the Order on Reconsideration, including this Supplemental FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the Order on Reconsideration, and Supplemental FRFA or summaries thereof will also be published in the Federal Register.
VII. Ordering Clauses 81. Accordingly, it is ordered that, pursuant to the authority contained in sections 1, 2, 4ij, 201b, 218, 220, 225, 255, 276, 403, and 716 of the Communications Act of 1934, as
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amended, 47 U.S.C. 151, 152, 154ij, 201b, 218, 220, 225, 255, 276, 403, and 617, this Order on Reconsideration is adopted.
82. It is further ordered that, pursuant to the authority contained in sections 1, 2, 4ij, 201b, 218, 220, 225, 255, 276, 403, and 716 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154ij, 201b, 218, 220, 225, 255, 276, 403, and 617, the Petition for Reconsideration, filed November 23, 2020, by Global TelLink Corp. is denied in full and dismissed in part as described herein.
83. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Order on Reconsideration, including the Supplemental Final Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene Dortch, Secretary.
FR Doc. 202114729 Filed 72721; 8:45 am BILLING CODE 671201P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No. 2107230150
RIN 0648BK24
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 61
National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:
This action approves and implements Framework Adjustment 61
to the Northeast Multispecies Fishery Management Plan. This rule revises the status determination criteria for Georges Bank and Southern New England-Mid Atlantic winter flounder, implements a revised rebuilding plan for white hake, sets or adjusts catch limits for 17 of the 20 multispecies groundfish stocks, and implements a universal exemption for sectors to target Acadian redfish. This action is necessary to respond to updated scientific information and to
SUMMARY:
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