59196 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations

PART 52—APPROVAL AND www.fcc.gov/document/fcc-opens- on-campus connectivity, subject to the PROMULGATION OF second-e-rate-application-window- parameters and limitations in the Order. IMPLEMENTATION PLANS funding-year-2020. Specifically, in light of the extraordinary and unforeseeable I. Introduction ■ 1. The authority citation for part 52 changes our nation’s schools are facing continues to read as follows: 1. Schools across the United States since the start of the COVID–19 Authority: 42 U.S.C. 7401 et seq. continue to face unprecedented pandemic, and consistent with the disruptions and challenges due to the Commission’s prior actions in response Subpart GG—New Mexico coronavirus (COVID–19) pandemic. As to this unprecedented public health the school year begins, many school emergency and other extreme § 52.1620 [Amended] districts are relying on remote learning, circumstances caused by natural ■ 2. In § 52.1620 in paragraph (c), either in whole or in part, to educate disasters, the Bureau adopts temporary amend the table titled ‘‘EPA Approved students. This heightened reliance on rules to allow schools needing more New Mexico Regulations’’ by removing remote learning has dramatically bandwidth to request additional E-Rate the entry for ‘‘Part 20’’ titled ‘‘Lime increased demand on school networks, support without conducting a new Manufacturing Plants—Particulate creating an urgent need for additional competitive bidding process for Matter’’ under ‘‘New Mexico bandwidth this school year. bandwidth provided in funding year Administrative Code (NMAC) Title 20— 2. Consistent with the relief the 2020. Environment Protection Chapter 2—Air Federal Communications Commission 5. Second Funding Year 2020 Quality’’. (Commission) has previously provided Application Window. The second to schools affected by natural disasters [FR Doc. 2020–19342 Filed 9–18–20; 8:45 am] funding year 2020 application window as well as recent actions the shall open September 21, 2020 and will BILLING CODE 6560–50–P Commission has taken in response to remain open through October 16, 2020. the COVID–19 pandemic, the Bureau The Bureau finds that this window will adopts, on an emergency basis, provide enough time for applicants FEDERAL COMMUNICATIONS temporary rules to provide immediate participating in the second funding year COMMISSION relief to schools that participate in the 2020 application window—many of E-Rate program as they continue to 47 CFR Part 54 which have already contracted for contend with the ongoing disruptions additional bandwidth before the school [CC Docket No. 02–6; DA 20–1091; FRS caused by the pandemic. These year began—to apply for additional E- 17084] temporary rules make available Rate discounts for funding year 2020 additional E-Rate funding to schools in and, to the extent necessary, complete Schools and Libraries Universal funding year 2020 to purchase any competitive bidding that may be Service Support Mechanism additional bandwidth needed to meet required under state and local laws. AGENCY: Federal Communications the unanticipated and increased 6. In keeping the window open only Commission. demand for on-campus connectivity through October 16, 2020, the Bureau resulting from the pandemic. also balances the need to provide ACTION: Final rule. 3. Specifically, given the urgent need immediate relief to applicants requiring SUMMARY: In this document, the for additional bandwidth this funding additional bandwidth in funding year Wireline Competition Bureau (Bureau) year and subject to the limitations set 2020 with its obligation to ensure the adopts, on an emergency basis, forth in the following, the Bureau efficient administration of the E-Rate temporary rules to provide immediate directs the Universal Administrative program, including minimizing any relief to schools that participate in the Service Company (USAC) to open a potential delays in opening the funding E-Rate program as they continue to second funding year 2020 filing window year 2021 administrative and regular contend with the ongoing disruptions to allow schools to request additional application windows. Given the caused by the pandemic. These funding for this limited purpose without upcoming changes to the category two temporary rules make available having to undergo a new competitive budget rules beginning in funding year additional E-Rate funding to schools in bidding process. This window shall 2021, the Bureau anticipates that funding year 2020 to purchase open September 21, 2020 and close on applicants will need as much time as additional bandwidth needed to meet October 16, 2020. As explained in the possible during the funding year 2021 the unanticipated and increased following, the Bureau finds that the administrative window to make demand for on-campus connectivity exigent circumstances faced by the necessary updates to their student count resulting from the COVID–19 pandemic. schools contending with this full or numbers for category two budget partial shift to remote learning purposes. Thus, the Bureau seeks to DATES: Effective September 21, 2020. constitute good cause to adopt these avoid further delaying the opening of FOR FURTHER INFORMATION CONTACT: Kate temporary rules without notice and the administrative window by closing Dumouchel, Wireline Competition comment. this second funding year 2020 filing Bureau, (202) 418–7400 or TTY: (202) window before that occurs. Both 418–0484. II. Discussion windows cannot be open at the same SUPPLEMENTARY INFORMATION: This is a 4. Recognizing the many challenges time. The Bureau expects demand for E- summary of the Bureau’s Order in CC facing schools as they shift to full or Rate funding to remain well below the Docket No. 02–6; DA 20–1091, adopted partial remote learning during this cap for funding year 2020. on September 16, 2020 and released on school year, the Bureau directs USAC to 7. Eligible Services. During this September 16, 2020. Due to the COVID– open a second funding year 2020 second funding year 2020 application 19 pandemic, the Commission’s application window to allow schools to window, schools may only request E- headquarters will be closed to the request additional E-Rate discounts for Rate discounts for additional on-campus general public until further notice. The the limited purpose of purchasing category one internet access and/or data full text of this document is available at additional bandwidth to meet the transmission services needed as a result the following internet address: https:// unanticipated and increased demand for of the COVID–19 pandemic. The Bureau

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limits the eligible services to narrowly the same or less than the original funds through its normal process that tailor this competitive bidding contract. Alternatively, if the price per the Bureau discovers were not used exemption and relief to the most megabit is higher than the original properly. The Bureau emphasizes that it pressing issue facing schools. Consistent contract, USAC will limit the funding retains the discretion to evaluate the with section 254 of the commitment to the price per megabit in uses of monies disbursed through the Telecommunications Act directive that the original contract. This temporary USF programs and to determine on a E-Rate may only be used to ‘‘enhance exemption to the Commission’s case-by-case basis that waste, fraud, or . . . access to advanced competitive bidding rules does not abuse of program funds occurred, and telecommunications and information relieve service providers of their that recovery is warranted. services for . . . school classrooms,’’ the obligation to offer the lowest Additionally, in the event the Bureau Bureau reminds applicants that off- corresponding price for services. The discovers any improper activity campus use of eligible services, even if Commission also recognizes that many resulting from its action in this used for an educational purpose, is states and localities have waived local document, the Bureau will subject the ineligible for support. If eligible based procurement rules in light of COVID–19. offending party to all available penalties on the competitive bidding exemption To the extent they have not, applicants at its disposal, and will direct USAC to outlined in the following, applicants may post an FCC Form 470 if necessary, recover funds, assess retroactive fees may request discounts on services to comply with local laws. and/or interest, or both. The Bureau already provided in funding year 2020 10. The Bureau’s action is intended to remains committed to ensuring the as early as July 1, 2020. expedite the ability of schools in urgent integrity of the E-Rate programs and will 8. Competitive Bidding. Competitive need of additional bandwidth to request continue to aggressively pursue bidding is a cornerstone of the E-Rate funding and thereby continue providing instances of waste, fraud, or abuse program, ensuring that applicants are vital educational services to students under its own procedures and in informed of their options and service during this pandemic. Applicants that cooperation with law enforcement providers have sufficient information to wish to apply for this funding agencies. provide services, leading to cost- opportunity must submit the following 12. Effective Date. Section 553 of the effective pricing, and guarding against information in the narrative section of Administrative Procedure Act (APA) waste, fraud, and abuse. The Bureau the new FCC Form 471 funding request: permits an agency to implement rules recognizes, however, that schools could The identification numbers for the without public notice and opportunity not have anticipated the need for funding year 2020 FCC Form 471 and additional bandwidth when they funding request that previously relied for comment ‘‘when the agency for good competitively bid for services and on the FCC Form 470; and a statement cause finds . . . that notice and public submitted their applications during the confirming that the requested E-Rate procedure thereon are impracticable, initial funding year 2020 application discounts are for additional bandwidth unnecessary, or contrary to the public window and that many are now facing needed as a result of COVID–19. To interest.’’ As explained, the COVID–19 tremendous connectivity challenges as facilitate and expedite USAC’s review, pandemic has caused unforeseeable the school year begins. To help them applicants are required to provide changes to the bandwidth demands at meet this urgent need, the Bureau will additional information in the narrative schools, creating an urgent and allow applicants to request E-Rate section about the price per megabit in immediate need for the relief provided discounts for their bandwidth increases the original and new funding requests by the Order. While public notice without conducting additional and highlight any difference in pricing. requirements are an essential part of the competitive bidding subject to the 11. Preventing Waste, Fraud, and Commission’s rulemaking process, the limitations in the following, while Abuse. The Bureau is committed to school year is already underway, and setting a limit on the price per megabit guarding against waste, fraud, and abuse schools need immediate action to make applicants request to serve as a in the Universal Service Fund (USF) necessary plans and preparations for safeguard against wasteful spending. programs. Accordingly, all relief granted both this school year and the 9. Specifically, schools may submit an by the Order is subject to the limitations submission of their requests for E-Rate FCC Form 471 during the second stated herein and conditioned upon support for funding year 2021. The funding year 2020 application window compliance with all E-Rate program temporary rules that the Bureau adopts requesting E-Rate discounts without rules that are not specifically modified herein provide an efficient mechanism initiating a new competitive bidding in this document. The Bureau requires to assist schools as they face huge process for the requested services if the all eligible E-Rate program participants disruptions and financial challenges applicant: Already sought bids for the to retain records documenting the due to the pandemic that were services by posting an FCC Form 470; services that they receive pursuant to unanticipated when E-Rate applicants received a Funding Commitment the temporary rules described and sought discounts for services for Decision Letter from USAC approving a consistent with the document retention funding year 2020, but are also narrowly funding year 2020 funding request for rules. Applicants and service providers tailored to allow for an efficient second eligible category one internet access requesting E-Rate support during the application window without and/or data transmission services that second funding year 2020 application jeopardizing regular program funding or relied on that FCC Form 470, or has window are responsible for maintaining administration for funding year 2021. such a funding request pending; and records that demonstrate their The Bureau’s action in this document is requests additional E-Rate discounts compliance with the temporary rules. also consistent with the statutory during the second application window Although the Bureau grants the mandate of the E-Rate program to to purchase additional bandwidth temporary rules described in this enhance ‘‘access to advanced through the existing service provider or document, program participants and telecommunications and information a new one. For the purposes of this service providers remain otherwise services’’ to schools and furthers the second funding year 2020 application subject to audits and investigations to public interest to provide discounts for window only, USAC shall grant funding determine compliance with USF needed eligible services, particularly to requests from applicants seeking program rules and requirements. The those applicants that could not have funding where the price per megabit is Bureau will require USAC to recover known that they would require this

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additional bandwidth during the the Order is adopted, and the temporary Classification competitive bidding process leading up rules shall become effective September to the initial funding year 2020 21, 2020, pursuant to 5 U.S.C. 553(d)(3); The Assistant Administrator for application window and when demand 47 CFR 1.427(b). Fisheries, NOAA (AA), finds good cause for E-Rate funding is well below the cap to waive the requirement to provide Federal Communications Commission. prior notice and opportunity for public for funding year 2020. The Bureau finds, Daniel Kahn, therefore, that good cause exists to forgo comment pursuant to the authority set Associate Chief, Wireline Competition forth at 5 U.S.C. 553(b)(B), as such notice and comment on these rules. Bureau. 13. For similar reasons, the Bureau requirement is unnecessary and finds that there is good cause to make [FR Doc. 2020–20899 Filed 9–18–20; 8:45 am] contrary to the public interest. While the temporary rules adopted by the BILLING CODE 6712–01–P the skimmer TED requirements will not Order effective immediately upon become effective until April 1, 2021, the publication in the Federal Register. lengthy delay in effectiveness was Although rules generally must be DEPARTMENT OF COMMERCE provided explicitly to allow sufficient published at least 30 days before they time for construction of the many new National Oceanic and Atmospheric become effective, the APA and the small turtle TEDs that will be required Administration Commission’s rules make an exception once the rule takes effect. Given the ‘‘for good cause found and published time that has passed since publication 50 CFR Parts 223 with the rule.’’ Given the unprecedented of the final rule, NMFS expects that and immediate need for additional [Docket No. 200812–0216] some new TED construction has already commenced, and that the rate of TED bandwidth presented by the COVID–19 RIN 0648–BJ99 pandemic, along with the fact that the construction will increase in the coming instructional year has already begun, it Sea Turtle Conservation; Shrimp months. The TED configurations that is crucial that the Bureau begins offering Trawling Requirements will be allowable under the erroneous relief as soon as possible. In addition, text are known to be widely used by the Bureau finds that delaying the AGENCY: National Marine Fisheries otter trawl vessels, which are already opening of the second application Service (NMFS), National Oceanic and required to employ TEDs. Consequently, window would delay the opening of the Atmospheric Administration (NOAA), NMFS expects that the same funding year 2021 administrative and Commerce. configurations with the narrow grid application windows, resulting in ACTION: Final rule; correction. spacing would be popular among slowdowns in the regular E-Rate skimmer vessels, if the configurations program administration, with SUMMARY: NMFS is correcting a final are identified in the regulations as potentially adverse spillover effects. rule that appeared in the Federal approved TED configurations. Further Register on December 20, 2019, that delay in correcting the error in the III. Procedural Matters requires all skimmer trawl vessels 40 regulatory text will allow for the A. Paperwork Reduction Act feet and greater in length to use turtle continued construction of TED excluder devices (TEDs) designed to configurations that do not achieve the 14. This document does not contain exclude small sea turtles in their nets. new or modified information collection necessary conservation benefit, and There is an error in the description of which will no longer be allowable requirements subject to the Paperwork the small turtle TED flap. This Reduction Act of 1995 (PRA), Public configurations after the error has been correction is necessary to prevent sea corrected. That delay would be expected Law 104–13. In addition, therefore, it turtle bycatch and mortality. does not contain any new or modified to result in considerable needless DATES: Effective April 1, 2021. information collection burden for small expense by industry in constructing business concerns with fewer than 25 FOR FURTHER INFORMATION CONTACT: TEDs consistent with the erroneous text, employees, pursuant to the Small Michael Barnette, 727–551–5794, and that needless expense is contrary to Business Paperwork Relief Act of 2002, [email protected]. the public interest. This correcting Public Law 107–198, see 44 U.S.C. SUPPLEMENTARY INFORMATION: action is consistent with NMFS’ testing 3506(c)(4). of various TED designs for turtle Need for Correction exclusion and other findings in the B. Congressional Review Act NMFS published a final rule requiring administrative record. The Draft and 15. The Commission has determined, all skimmer trawl vessels 40 feet and Final Environmental Impact Statements and the Administrator of the Office of greater in length to use TEDs designed prepared for the rule discuss the Information and Regulatory Affairs, to exclude small turtles in their nets on different TED configurations, their Office of Management and Budget, December 20, 2019 (84 FR 70048). The expected conservation benefit, and the concurs that this rule is non-major final rule becomes effective on April 1, catch losses associated with their use, under the Congressional Review Act, 5 2021. While the specifications of the and these issues are addressed more U.S.C. 804(2). The Commission will small turtle TED escape opening flap generally in the preamble for the send a copy of the Order to Congress were intended to apply to all TEDs proposed rule and final rule. and the Government Accountability based on NMFS TED testing results, an Consequently, the public has already Office pursuant to the Congressional error in the description on page 70064 been provided prior notice and Review Act, see 5 U.S.C. 801(a)(1)(A). inadvertently limited the specifications opportunity to comment generally on to only the bent bar TEDs. As a result, this aspect of the rule, rendering further IV. Ordering Clauses other TEDs, such as the straight bar opportunity to comment unnecessary. 16. Accordingly, it is ordered that, TED, could be fished with an escape Therefore, in order to avoid the negative pursuant to the authority contained in opening flap that would impair the consequences that are expected to result Sections 4(i), 4(j), and 254 of the effective release of small sea turtles from from unnecessary delay in making this Communications Act of 1934, as the net. NMFS is correcting the error correction, the AA finds good cause to amended, 47 U.S.C. 151, 154(i), and 254 through this action. waive the requirement to provide prior

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