Federal Register - October 27, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Rules and Regulations business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198. While the revised certifications adopted in this document for the FCC Form 5640 are exempt from the requirements of the PRA, pursuant to 5 CFR 1320.3h1, we will update the information on file for OMB Control No. 30601270 to reflect the revised certifications adopted herein for the FCC Form 5640.
B. Congressional Review Act 20. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that these modified certification requirements are non-major under the Congressional Review Act, 5
U.S.C. 8042. The Bureau will send a copy of this document to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801a1A.
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C. Final Regulatory Flexibility Certification The Regulatory Flexibility Act of 1980, as amended RFA, requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The RFA
generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction. In addition, the term small business has the same meaning as the term small business concerns under the Small Business Act. A small
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business concern is one that: 1 Is independently owned and operated; 2
is not dominant in its field of operation;
and 3 satisfies any additional criteria established by the Small Business Administration SBA. The Commission prepared Initial Regulatory Flexibility Analyses IRFAs in connection with the 2020 Supply Chain Declaratory Ruling, 85 FR 47211, August 4, 2020, and Second Further Notice of Proposed Rulemaking FNPRM, 85 FR 48134, August 10, 2020, and the 2021 Supply Chain Third FNPRM, 86 FR 15165, March 22, 2021. The Commission sought written public comment on the proposals in the 2020 Supply Chain Declaratory Ruling and Second FNPRM
and the 2021 Supply Chain Third FNPRM, including comments on the IRFAs. No comments were filed addressing the IRFAs. The Commission included Final Regulatory Flexibility Analyses FRFAs in connection with the 2020 Supply Chain Order and the 2021 Supply Chain Order, 86 FR 46995, August 23, 2021.
21. This document provides: 1
Voluntary guidance on complying with the Reimbursement Programs disposal and verification requirements; 2
revises the certifications associated with the FCC Form 5640 application filings;
and 3 corrects cost estimates identified in the Cost Catalog that were listed incorrectly. These actions flow from the proposals set forth in the 2020 Supply Chain Declaratory Ruling and Second FNPRM and the 2021 Supply Chain Third FNPRM and discussed in the IRFAs accompanying those Notices, and are consistent with the requirements established in the 2020 Supply Chain Order and the 2021 Supply Chain Order
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and addressed in the FRFAs accompanying those orders.
Accordingly, no changes to the earlier analyses are required.
22. The Bureau has determined that the impact on the entities affected by the requirements contained in this document will not be significant. The effect of these measures is to establish for the benefit of those entities, including small entities, the procedures for filing an application consistent with existing rules, to participate in the Reimbursement Program to obtain funding support to remove from their networks, replace, and dispose of communications equipment and service considered a national security risk.
23. Additional Information. For additional information about the Reimbursement Program application and filing process, interested parties should review the Finalized Reimbursement Process PN and visit the Reimbursement Program web page:
https www.fcc.gov/supplychain.
Questions specific to the Reimbursement Program or application process should be directed to the Reimbursement Program Fund Administrator by emailing SCRPFundAdmin@fcc.gov or by calling 202 4187540 from 9:00 a.m. ET to 5:00 p.m. ET, Monday through Friday, except for Federal holidays. For further information regarding this document, please contact supplychain@fcc.gov.
Federal Communications Commission.
Cheryl Callahan, Assistant Chief, Telecommunications Access Policy Division, Wireline Competition Bureau.
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