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90-Day Finding on a Petition to List the Black-Capped

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90-Day Finding on a Petition to List the Black-Capped Federal Register / Vol. 77, No. 120 / Thursday, June 21, 2012 / Proposed Rules 37367 Job Creation Act of 2012, Pub. L. No. 112– 2. Amend Subpart L by adding new no more than 31 days prior to the date 96. section 64.1202 to read as follows: any call is made, and shall maintain 2. Amend section 1.80 by adding new records documenting this process. § 64.1202 Public safety answering point (e) No person or entity, including an paragraph (a)(6), redesignating do-not-call registry. paragraphs (b)(5) and (b)(6) as operator of automatic dialing equipment (a) As used in this section, the paragraphs (b)(7) and (b)(8), and by add or robocall equipment, may sell, rent, following terms are defined as: new paragraphs (b)(5) and (b)(6) to read lease, purchase or use the PSAP Do-Not- (1) Operators of automatic dialing or as follows: Call registry, or any part thereof, for any robocall equipment. Any person or purpose except to comply with this entity who uses an automatic telephone § 1.80 Forfeiture proceedings. section and any such state or Federal dialing system, as defined in section (a) * * * law enacted to prevent autodialed calls 227(a)(1) of the Communications Act of (6) Violated any provision of section to telephone numbers in the PSAP 1934, as amended, to make telephone 6507 of the Middle Class Tax Relief and registry. Any party granted access to the Job Creation Act of 2012 or any rule, calls with such equipment. (2) Public Safety Answering Point registry is prohibited from disclosing or regulation, or order issued by the disseminating the registered numbers to Commission under that statute. (PSAP). A facility that has been designated to receive emergency calls any other person or entity. * * * * * [FR Doc. 2012–15119 Filed 6–20–12; 8:45 am] (b) * * * and route them to emergency service (5) If a violator who is granted access personnel pursuant to section 222(h)(4) BILLING CODE 6712–01–P to the Do-Not-Call registry of public of the Communications Act of 1934, as safety answering points discloses or amended. As used in this section, this disseminates any registered telephone term includes both primary and DEPARTMENT OF THE INTERIOR number without authorization, in secondary PSAPs. violation of section 6507(b)(4) of the (b) An operator of automatic dialing Fish and Wildlife Service Middle Class Tax Relief and Job or robocall equipment is prohibited Creation Act of 2012, the monetary from using such equipment to contact 50 CFR Part 17 penalty for such unauthorized any telephone number registered on the [Docket No. FWS–R4–ES–2012–0018; disclosure or dissemination of a PSAP Do-Not-Call registry. This 4500030113] telephone number from the registry prohibition on using automatic dialing shall be not less than $100,000 per equipment to contact numbers on the Endangered and Threatened Wildlife incident nor more than $1,000,000 per PSAP Do-Not-Call registry encompasses and Plants; 90-Day Finding on a incident depending upon whether the both voice and text calls. Such Do-Not- Petition to List the Black-Capped conduct leading to the violation was Call registrations must be honored Petrel as Endangered or Threatened negligent, grossly negligent, reckless, or indefinitely, or until the registration is AGENCY: willful, and depending on whether the removed by a designated PSAP Fish and Wildlife Service, violation was a first or subsequent representative or the Commission or its Interior. offense. designated registry administrator. ACTION: Notice of petition finding and (6) If a violator uses automatic dialing (c) An operator of automatic dialing or initiation of status review. equipment to contact a telephone robocall equipment may not obtain number on the Do-Not-Call registry of access or use the PSAP Do-Not-Call SUMMARY: We, the U.S. Fish and public safety answering points, in registry until it has first provided to the Wildlife Service (Service), announce a violation of section 6507(b)(5) of the Commission or its designated registry 90-day finding on a petition to list the Middle Class Tax Relief and Job administrator contact information that black-capped petrel, Pterodroma Creation Act of 2012, the monetary includes the operator’s name and all hasitata, as endangered or threatened penalty for contacting such a telephone alternative names under which the under the Endangered Species Act of number shall be not less than $10,000 registrant operates, a business address, a 1973, as amended (Act), and to per call nor more than $100,000 per call contact person, the contact person’s designate critical habitat in U.S. waters depending on whether the violation was telephone number and email address, and territories in the South Atlantic and negligent, grossly negligent, reckless, or and a list of all outbound telephone Caribbean region. Based on our review, willful, and depending on whether the numbers used for autodialing, and we find that the petition presents violation was a first or subsequent thereafter obtained a unique substantial scientific or commercial offense. identification number from the information indicating that listing of the black-capped petrel may be warranted. * * * * * Commission or its designated registry administrator. All information provided Therefore, with the publication of this PART 64—MISCELLANEOUS RULES to the Commission or its designated notice, we are initiating a review of the RELATING TO COMMON CARRIERS registry administrator must be updated status of the species to determine if within 30 days of making any change to listing the black-capped petrel is Subpart L—Restrictions on such information. In addition, an warranted. To ensure that this status Telemarketing and Telephone operator must certify during each use, review is comprehensive, we are Solicitation under penalty of law, that it is accessing requesting scientific and commercial the registry solely to prevent autodialed data and other information regarding 1. The authority citation for part 64 is this species. Based on the status review, revised to read as follows: calls to numbers on the registry. (d) An operator of automatic dialing we will issue a 12-month finding on the Authority: 47 U.S.C. 154, 254(k); or robocall equipment that accesses the petition, which will address whether 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. PSAP Do-Not-Call registry shall, to the petitioned action is warranted, as 56. Interpret or apply 47 U.S.C. 201, 218, 222, provided in section 4(b)(3)(B) of the Act. 225, 226, 227, 228, 254(k), 616, 620 and the prevent such calls to any telephone Middle Class Tax Relief and Job Creation Act number on the registry, employ a DATES: To allow us adequate time to of 2012, Pub. L. No. 112–96 unless otherwise version of the PSAP Do-Not-Call registry conduct this review, we request that we noted. obtained from the registry administrator receive information on or before August VerDate Mar<15>2010 18:15 Jun 20, 2012 Jkt 226001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\21JNP1.SGM 21JNP1 TKELLEY on DSK3SPTVN1PROD with PROPOSALS 37368 Federal Register / Vol. 77, No. 120 / Thursday, June 21, 2012 / Proposed Rules 20, 2012. The deadline for submitting an (d) Historical and current population section. If you submit information via electronic comment using the Federal levels, and current and projected trends; http://www.regulations.gov, your entire eRulemaking Portal (see ADDRESSES and submission—including any personal section, below) is 11:59 p.m. Eastern (e) Past and ongoing conservation identifying information—will be posted Time on this date. After August 20, measures for the species, its habitat, or on the Web site. If your submission is 2012, you must submit information both. made via a hardcopy that includes directly to the Field Office (see FOR (2) The factors that are the basis for personal identifying information, you FURTHER INFORMATION CONTACT section making a listing determination for a may request at the top of your document below). Please note that we might not be species under section 4(a) of the Act (16 that we withhold this personal able to address or incorporate U.S.C. 1531 et seq.), which are: identifying information from public information that we receive after the (a) The present or threatened review. However, we cannot guarantee above requested date. destruction, modification, or that we will be able to do so. We will ADDRESSES: You may submit curtailment of its habitat or range; post all hardcopy submissions on information by one of the following (b) Overutilization for commercial, http://www.regulations.gov. methods: recreational, scientific, or educational Information and supporting (1) Electronically: Go to the Federal purposes; documentation that we received and eRulemaking Portal: http:// (c) Disease or predation; used in preparing this finding is www.regulations.gov. Search for Docket (d) The inadequacy of existing available for you to review at http:// No. FWS–R4–ES–2012–0018. regulatory mechanisms; or www.regulations.gov, or by (2) By hard copy: Submit by U.S. mail (e) Other natural or manmade factors appointment, during normal business or hand-delivery to: Public Comments affecting its continued existence. hours, at the U.S. Fish and Wildlife If, after the status review, we Processing, Attn: FWS–R4–ES–2012– Service, Caribbean Ecological Services determine that listing the black-capped 0018; Division of Policy and Directives Field Office (see FOR FURTHER petrel is warranted, we will propose Management; U.S. Fish and Wildlife INFORMATION CONTACT). Service; 4401 N. Fairfax Drive, MS critical habitat (see definition in section 2042–PDM; Arlington, VA 22203. 3(5)(A) of the Act) under section 4 of the Background Act, to the maximum extent prudent We will not accept email or faxes.
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