Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Rules and Regulations 25609 

on the distribution of property to 

petitioners. The expense for such 

assistance shall be paid out of the 

forfeited funds. 

(4) Other agencies of the United 

States. Where another agency of the 

United States is entitled to remission or 

mitigation of forfeited assets because of 

an interest that is recognizable under 

this part or is eligible for such transfer 

pursuant to 18 U.S.C. 981(e)(6), such 

agency shall request the transfer in 

writing, in addition to complying with 

any applicable provisions of paragraphs 

(c) through (e) of this section. The 

decision to make such transfer shall be 

made in writing by the Ruling Official. 

(5) Financial institution regulatory 

agencies. A Ruling Official may direct 

the transfer of property under 18 U.S.C. 

981(e) to certain Federal financial 

institution regulatory agencies or an 

entity acting in their behalf, upon 

receipt of a written request, in lieu of 

ruling on a petition for remission or 

mitigation. 

(6) Transfers to foreign governments. 

A Ruling Official may decline to grant 

remission to any petitioner other than 

an owner or lienholder so that forfeited 

assets may be transferred to a foreign 

government pursuant to 18 U.S.C. 

981(i)(1); 19 U.S.C. 1616a(c)(2); or 

21 U.S.C. 881(e)(1)(E). 

(7) Filing by attorneys. (i) A petition 

for remission or mitigation may be filed 

by a petitioner or by that person’s 

attorney or legal guardian. If an attorney 

files on behalf of the petitioner, the 

petition must include a signed and 

sworn statement by the client-petitioner 

stating that: 

(A) The attorney has the authority to 

represent the petitioner in this 

proceeding; 

(B) The petitioner has fully reviewed 

the petition; and 

(C) The petition is truthful and 

accurate in every respect. 

(ii) Verbal notification of 

representation is not acceptable. 

Responses and notification of rulings 

shall not be sent to an attorney claiming 

to represent a petitioner unless a written 

notice of representation is filed. No 

extensions of time shall be granted due 

to delays in submission of the notice of 

representation. 

(8) Consolidated petitions. At the 

discretion of the Ruling Official in 

individual cases, a petition may be filed 

by one petitioner on behalf of other 

petitioners, provided the petitions are 

based on similar underlying facts, and 

the petitioner who files the petition has 

written authority to do so on behalf of 

other petitioners. This authority must be 

either expressed in documents giving 

the petitioner the authority to file 

petitions for remission, or reasonably 

implied from documents giving the 

petitioner express authority to file 

claims or lawsuits related to the course 

of conduct in question on behalf of 

these petitioners. An insurer or an 

administrator of an employee benefit 

plan, for example, which itself has 

standing to file a petition as a ‘‘victim’’ 

within the meaning of paragraph (b)(22) 

of this section, may also file a petition 

on behalf of its insured or plan 

beneficiaries for any claims they may 

have based on co-payments made to the 

perpetrator of the offense underlying the 

forfeiture, or the perpetrator of a 

‘‘related offense’’ within the meaning of 

paragraph (b)(20), if the authority to file 

claims or lawsuits is contained in the 

document or documents establishing the 

plan. Where such a petition is filed, any 

amounts granted as remission must be 

transferred to the other petitioners, not 

the party filing the petition; although, as 

a matter of discretion, the Ruling 

Official may use the actual petitioner as 

an intermediary for transferring the 

amounts authorized as a remission to 

the other petitioners. 

§ 233.10 [Removed and Reserved] 

■ 5. Section 233.10 is removed and 

reserved. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–10271 Filed 4–30–12; 8:45 am] 

BILLING CODE 7710–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 11–42, 03–109, 12–23 and 

CC Docket No. 96–45; FCC 12–11] 

Lifeline and Link Up Reform and 

Modernization, Advancing Broadband 

Availability Through Digital Literacy 

Training 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of six months, 

the information collection requirements 

associated with certain of the provisions 

of the rules adopted as part of the 

Commission’s Lifeline and Link Up 

Reform and Modernization Report and 

Order (Order). The Commission 

submitted revisions to those information 

collection requirements under control 

number 3060–0819 to OMB for review 

and approval, as required by the 

Paperwork Reduction Act (PRA) of 1995 

(44 U.S.C. 3501–3520), 77 FR 13319, 

March 6, 2012. The revisions as updated 

were approved by OMB on April 13, 

2012. 

DATES: Sections 54.202(a), 54.401(d), 

54.403, 54.405(c), 54.407, 54.416, 

54.417, 54.420(b), and 54.422, published 

at 77 FR 12952, March 2, 2012, are 

effective May 1, 2012 and § 54.410(a) 

through (f) is effective June 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Scardino, Wireline 

Competition Bureau, (202) 418–7400 or 

TTY: (202) 418–0484. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on April 13, 

2012, OMB approved, for a period of six 

months, the information collection 

requirements contained in the 

Commission’s Order, FCC 12–11, 

published at 77 FR 12952, March 2, 

2012. The OMB Control Number is 

3060–0819. The Commission publishes 

this notice as an announcement of the 

effective date rules requiring OMB 

approval. The Commission updated its 

request to remove the temporary address 

confirmation and recertification 

requirements set forth in 47 CFR 

54.410(g) and the portion of 47 CFR 

54.405(e)(4) relating to temporary 

address de-enrollment; and the biennial 

audit requirements (47 CFR 54.420(a)). 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on April 13, 

2012, for the information collection 

requirements contained in the 

Commission’s rules at 47 CFR Sections 

54.202(a), 54.401(d), 54.403, 54.404, 

54.405(c) as it applies to the 

certification form, 54.405(e) except the 

portion of paragraph (4) relating to 

temporary address de-enrollment, 

54.407, 54.410(a) through (f), 54.416, 

54.417, 54.420(b), and 54.422. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 


pmangrum on DSK3VPTVN1PROD with RULES
25610 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Rules and Regulations 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0819. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0819. 

OMB Approval Date: April 13, 2012. 

OMB Expiration Date: October 31, 

2012. 

Title: Section 54.400 through 54.707 

and Lifeline Assistance (Lifeline) 

Connection Assistance (Link-Up) 

Reporting Worksheet and Instructions. 

Form Number: FCC Form 497. 

Respondents: Individuals or 

households and businesses or other forprofit. 

Number of Respondents and 

Responses: 13,500,940 respondents; 

36,025,860 responses. 

Estimated Time per Response: .25 

hours to 50 hours. 

Frequency of Response: On occasion, 

quarterly, biennially, monthly, 1-time, 

and annual reporting requirements, 

third party disclosure requirements and 

recordkeeping requirements. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 1, 4(i), 201– 

205, 214, 254, 403 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 21,102,135 

hours. 

Total Annual Cost: N/A. 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

respondents submit confidential 

information to the Commission. We note 

that the Universal Service 

Administrative Corporation must 

preserve the confidentiality of all data 

obtained from respondents and 

contributors to the universal service 

support program mechanism, must not 

use the data except for purposes of 

administering the universal service 

support program, and must not disclose 

data in company-specific form unless 

directed to do so by the Commission. 

Also, respondents may request materials 

or information submitted to the 

Commission be withheld from public 

inspection under 47 CFR 0.459 of the 

Commission’s rules. 

Needs and Uses: In the 2012 Lifeline 

Reform Order, 77 FR 12952, March 2, 

2012, we take actions necessary to 

address waste in the Universal Service 

Fund. All the requirements contained 

herein are necessary to implement the 

congressional mandate for universal 

service. These reporting and 

recordkeeping requirements are 

necessary to ensure that only eligible 

subscribers receive support and that 

Eligible Telecommunications Carriers 

follow certain rules designed to protect 

low income consumers and the 

Universal Service Fund. The Lifeline 

Reform Order is another step in the 

Commission’s ongoing efforts to 

overhaul all of USF programs. The 

Order acts to eliminate waste and 

inefficiency in the program and to 

increase accountability. 

Federal Communications Commission. 

Bulah P. Wheeler, 

Deputy Manager. 

[FR Doc. 2012–10267 Filed 4–30–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Chapter II 

[Docket No. FRA–2009–0057, Notice No. 3] 

Statement of Agency Policy and 

Interpretation on the Hours of Service 

Laws as Amended; Delay of Effective 

Date of One Specific Interpretation 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Statement of agency policy and 

interpretation; delay of effective date. 

SUMMARY: This document delays the 

effective date of a section of FRA’s 

statement of agency policy and 

interpretation on the hours of service 

laws that was published in the Federal 

Register on February 29, 2012, and that 

is scheduled to take effect on May 29, 

2012. In response to the document, 

several issues were brought to FRA’s 

attention with regard to the feasibility of 

implementing one of the interpretations 

by the May 29, 2012 effective date. In 

response to those concerns, the present 

document delays the effective date of 

that specific interpretation until January 

1, 2013. However, a railroad may choose 

to comply with the interpretation on or 

after May 29, 2012, and in advance of 

its new January 1, 2013, effective date. 

The effective date of all other 

interpretations contained in the 

February 29, 2012, statement remains 

May 29, 2012. 

DATES: The effective date for section 

IV.B.1 of the statement of agency policy 

and interpretation published February 

29, 2012, at 77 FR 12408, and originally 

effective on May 29, 2012, is delayed 

until January 1, 2013. All other sections 

of the statement of agency policy and 

interpretation published February 29, 

2012, remain effective on May 29, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Colleen A. Brennan, Trial Attorney, 

Office of Chief Counsel, FRA, 1200 New 

Jersey Avenue SE., RCC–12, Mail Stop 

10, Washington, DC 20590 (telephone 

202–493–6028 or 202–493–6052); 

Matthew T. Prince, Trial Attorney, 

Office of Chief Counsel, FRA, 1200 New 

Jersey Avenue SE., RCC–12, Mail Stop 

10, Washington, DC 20590 (telephone 

202–493–6146 or 202–493–6052); or 

Richard Connor, Operating Practices 

Specialist, Operating Practices Division, 

Office of Safety Assurance and 

Compliance, FRA, 1200 New Jersey 

Avenue SE., RRS–11, Mail Stop 25, 

Washington, DC 20590 (telephone 202– 

493–1351). 

SUPPLEMENTARY INFORMATION: On 

February 29, 2012, FRA published its 

statement of agency policy and 

interpretation on the hours of service 

laws as amended (Final Interpretations), 

responding to public comments on 

FRA’s earlier interim statement of 

policy, 74 FR 30665 (June 26, 2009), and 

clarifying additional questions 

concerning the hours of service laws. 77 

FR 12408. In the Final Interpretations, 

FRA construed the word ‘‘day’’ for 

purposes of the statutory limitation on 

the number of consecutive days on 

which certain employees may initiate an 

on-duty period before being required to 

receive a certain rest period (i.e., 49 

U.S.C. 21103(a)(4) (sec. 21103(a)(4)). In 

the Final Interpretations, FRA 

interpreted the word ‘‘day’’ for purposes 

of sec. 21103(a)(4) to refer to the 24-hour 

period ending when an employee is 

finally released from duty, and any new 

initiation of an on-duty period at any 

point during the 24-hour period 

following the employee’s prior final 

release will have been initiated on a day 

consecutive to the prior duty tour. This 

interpretation differed from the 

interpretation of what constitutes a 

‘‘day’’ that was articulated in the 

interim statement of policy, which 

construed a ‘‘day’’ for the purposes of 

section 21103(a)(4) as a calendar day. 

FRA’s interim interpretations went into 

effect on July 16, 2009, and they have 

remained in effect. The Final 

Interpretations are scheduled to go into 

effect on May 29, 2012. 

In response to the Final 

Interpretations, the Association of 

American Railroads (AAR) requested a 

meeting with FRA. The meeting took 

place on April 4, 2012, and included the 

AAR as well as several railroads in 

teleconference. At the meeting, FRA 


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