2562 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 

By the Commission. 

Rachel Dickon, 

Secretary. 

[FR Doc. 2021–00323 Filed 1–12–21; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 20–93; FCC 20–171; FRS 

17291] 

Protecting Consumers From One-Ring 

Scams 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) implements section 12 of 

the TRACED Act in order to enable 

voice service providers to block calls 

from numbers associated with a type of 

illegal robocall known as a one-ring 

scam. The Commission also, pursuant to 

the TRACED Act, expands collaborative 

law enforcement and consumer 

education activities to stop one-ring 

scams and other fraudulent and abusive 

robocalling practices. The measures 

adopted by the Commission empower 

voice service providers to stop these 

illegal robocalls and will give 

consumers substantial additional 

protection from these scams. 

DATES: Effective February 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Mika Savir of the Consumer Policy 

Division, Consumer and Governmental 

Affairs Bureau, at mika.savir@fcc.gov or 

(202) 418–0384. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 20–171, CG Docket No. 

20–93, adopted on November 24, 2020, 

and released on November 30, 2020. 

The full text of this document is 

available online at https://docs.fcc.gov/ 

public/attachments/FCC-20- 

171A1.docx. To request this document 

in accessible formats for people with 

disabilities (e.g., Braille, large print, 

electronic files, audio format) or to 

request reasonable accommodations 

(e.g., accessible format documents, sign 

language interpreters, CART), send an 

email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

Congressional Review Act 

The Commission sent a copy of 

document FCC 20–171 to Congress and 

the Government Accountability Office 

pursuant to the Congressional Review 

Act, 5 U.S.C. 801(a)(1)(A). 

Final Paperwork Reduction Act of 1995 

Analysis 

The Report and Order does not 

contain any new or modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. It, 

therefore, does not contain any new or 

modified information collection burden 

for small business concerns with fewer 

than 25 employees, pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Synopsis 

1. In the Report and Order, the 

Commission implements section 12 of 

the Pallone-Thune Telephone Robocall 

Abuse Criminal Enforcement Act 

(TRACED Act), Public Law 116–105, 12, 

December 30, 2019, 133 Stat. 3286 

(codified at 47 U.S.C. 227 note). Section 

12 of the TRACED Act directs the 

Commission to consider taking 

additional steps to protect called parties 

from a type of illegal call known as the 

one-ring scam. In the Report and Order, 

the Commission adopts the proposal in 

the Notice of Proposed Rulemaking 

(NPRM), published at 85 FR 30672, May 

20, 2020, with some minor 

modifications. The Commission adds a 

new paragraph (k)(2)(iv) to 47 CFR 

64.2400 to allow voice service providers 

to block all calls from a telephone 

number that the provider identifies, 

based on reasonable analytics, as highly 

likely to be associated with a one-ring 

scam. The Commission also adopts a 

definition of one-ring scam in paragraph 

(f)(8) that is consistent with the 

definition set forth in the proposed rule: 

The term one-ring scam means a scam 

in which a caller makes a call and 

allows the call to ring the called party 

for a short duration, in order to prompt 

the called party to return the call, 

thereby subjecting the called party to 

charges. 

2. Based on the record, the 

Commission concludes that these rule 

changes will help protect consumers 

from the scam and, consistent with 

section 12(b)(4) of the TRACED Act, will 

incentivize voice service providers to 

stop calls made to perpetrate one-ring 

scams from being received by called 

parties. This rule amendment is also 

consistent with the congressional 

directive in the same section of the 

statute regarding the addition of 

identified one-ring scam type numbers 

to the Commission’s existing list of 

permissible categories for carrierinitiated blocking. In addition, pursuant 

to section 12(b)(5) of the TRACED Act, 

this rule takes into account and relies, 

in part, on the work of entities that 

provide call-blocking services to address 

one-ring scams. 

3. One-ring scam calls serve no 

beneficial purpose, and thus no 

reasonable consumer would want to 

receive them. Accordingly, the 

Commission does not require 

terminating providers to give their 

customers an opportunity to opt out of 

the blocking of such calls. The 

Commission encourages voice service 

providers to implement call-blocking 

measures that will help eliminate or 

reduce the number of one-ring scam 

calls that reach consumers. 

4. The Commission also extends to 

one-ring scam blocking the safe harbor 

for inadvertent blocking of wanted 

robocalls using reasonable analytics. 

This safe harbor gives voice service 

providers assurance that blocking of 

one-ring scam calls based on reasonable 

analytics will not result in liability if 

they inadvertently block wanted calls, 

and it thus strengthens their ability and 

incentive to protect consumers from 

such scams. For this reason, the 

Commission is adding a reference to 

reasonable analytics—a term that was 

not included in the rule text proposed 

in the NPRM—to paragraph (k)(2)(iv) of 

the final rule. 

5. While voice service providers 

already have authority to block illegal 

one-ring scam calls, the rule adopted 

herein will remove any doubt that voice 

service providers may lawfully use 

reasonable analytics to identify and 

block calls that appear to be one-ring 

scam calls, even if such identification 

proves to be erroneous in any particular 

instance; that they may do so without 

fear of liability for inadvertently 

blocking wanted calls; and that they 

may do so on a network-wide basis. The 

Commission believes this will strongly 

encourage voice service providers to 

take a more aggressive approach to 

blocking one-ring scam calls and thus 

will further protect consumers from 

such scams. 

6. Some commenters recommended 

that the Commission focus on 

combatting one-ring scam calls that 

fraudulently induce consumers to place 

calls to premium-rate numbers under a 

foreign government’s national 

numbering plan, subject to analytics 

that suggest reasonable cause to treat 

such inbound calls as scam calls. The 

Commission agrees that voice service 

providers could block such inbound 

calls if they satisfy the applicable 

criteria in the rules. 

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 2563 

7. Section 12(b)(6) of the TRACED Act 

directs the Commission to consider 

requiring international gateway 

providers to verify the nature or purpose 

of calls but does not require the 

Commission to adopt such a rule. The 

Commission stated that it would 

consider this proposal in the context of 

another pending proceeding, in which it 

sought comment on adopting a broader 

set of safeguards that would require 

voice service providers to take 

affirmative, effective measures to 

prevent new and renewing customers 

from using their networks to originate 

illegal calls and would hold them 

responsible for doing due diligence on 

their high-volume customers. See 

Advanced Methods to Target and 

Eliminate Unlawful Robocalls, 

published at 85 FR 46063, July 31, 2020, 

paragraph 13. 

8. Pursuant to section 12(b)(1) of the 

TRACED Act, the Commission is 

working with federal and state law 

enforcement agencies to protect 

consumers from one-ring scams by 

participating in an interagency working 

group, convened by the Attorney 

General, in consultation with the 

Chairman of the Commission, to study 

Government prosecution of violations of 

47 U.S.C. 227(b), and will ensure that 

the group addresses one-ring scams. 

Pursuant to section 12(b)(2) of the 

TRACED Act, the Commission intends 

to expand and enhance its enforcement 

coordination and cooperation with 

foreign governments aimed at 

combatting unlawful cross-border 

schemes such as one-ring scams. And 

pursuant to section 12(b)(3) of the 

TRACED Act, the Commission will 

continue and expand its proactive 

consumer outreach efforts, in 

conjunction with the Federal Trade 

Commission, to better educate 

consumers about how to avoid one-ring 

scams as well as other fraudulent and 

abusive robocalling practices. 

Final Regulatory Flexibility Analysis 

9. As required by the Regulatory 

Flexibility Act of 1980, as amended, 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

NPRM in this docket. The Commission 

sought written public comment on the 

proposals in the NPRM, including 

comment on the IRFA. The Final 

Regulatory Flexibility Analysis FRFA 

conforms to the RFA. 

10. Need for, and Objectives of, the 

Rules. In the Report and Order, the 

Commission adopts, with some 

modification, the proposal in the NPRM 

to include numbers that are likely to be 

associated with the one ring scam as a 

category of numbers that voice service 

providers can block. This will 

implement section 12 of the TRACED 

Act, to prevent consumers from a type 

of scam called a one-ring scam. The 

TRACED Act defines ‘‘one-ring scam’’ as 

‘‘a scam in which a caller makes a call 

and allows the call to ring the called 

party for a short duration, in order to 

prompt the called party to return the 

call, thereby subjecting the called party 

to charges.’’ 

11. Section 12 of the TRACED Act 

requires the Commission to initiate a 

proceeding to protect consumers from 

one-ring scams and to consider the 

following ways: Work with federal and 

state law enforcement agencies; work 

with the governments of foreign 

countries; in consultation with the FTC, 

better educate consumers about how to 

avoid one-ring scams; encourage voice 

service providers to stop one-ring scam 

calls, including adding identified onering scam-type numbers to the list of 

permissible categories for carrierinitiated blocking; work with entities 

that provide call-blocking services to 

address one-ring scams; and establish 

obligations on international gateway 

providers, including potential 

requirements that such providers verify 

with the foreign originator the nature or 

purpose of calls before initiating service. 

12. Summary of Significant Issues 

Raised by Public Comments in Response 

to the IRFA. There were no comments 

filed that specifically addressed the 

rules and policies proposed in the IRFA. 

13. Response to Comments by the 

Chief Counsel for Advocacy of the Small 

Business Administration. Pursuant to 

the Small Business Jobs Act of 2010, 

which amended the RFA, the 

Commission is required to respond to 

any comments filed by the Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rules as a 

result of those comments. The Chief 

Counsel did not file any comments in 

response to the proposed rules in this 

proceeding. 

14. Description of Projected 

Reporting, Recordkeeping, and Other 

Compliance Requirements. Voice 

service providers may implement 

reporting or recordkeeping in order to 

accomplish blocking of one-ring scam 

calls, but it is not required in the rule. 

15. Steps Taken to Minimize 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered. The RFA requires an 

agency to describe any significant 

alternatives that it has considered in 

reaching its 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 or reporting requirements 

under the rule for 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 small entities. 

16. The Commission’s rule allows, but 

does not require, voice service providers 

to block calls from numbers that they 

identify, using reasonable analytics, as 

likely to be associated with one-ring 

scams. The rule is permissive, not 

mandatory; it allows all voice service 

providers, including small businesses, 

to block such calls, but it does not 

impose any new compliance obligations 

or reporting obligations. To the extent 

this new rule has any economic impact 

on voice service providers that are small 

entities, the impact will likely be 

beneficial because they will be shielded 

from liability if they opt to block calls 

in the manner described in the Report 

and Order. 

List of Subjects in 47 CFR Part 64 

Communications common carriers, 

Reporting and recordkeeping 

requirements, Telecommunications, 

Telephone. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 part 64 as 

follows: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 154, 201, 

202, 217, 218, 220, 222, 225, 226, 227, 227b, 

228, 251(a), 251(e), 254(k), 262, 276, 

403(b)(2)(B), (c), 616, 620, 1401–1473, unless 

otherwise noted; Pub. L. 115–141, Div. P, sec. 

503, 132 Stat. 348, 1091. 

■ 2. Amend § 64.1200 by redesignating 

paragraphs (f)(8) through (f)(17) as (f)(9) 

through (f)(18), and adding paragraphs 

(f)(8) and (k)(2)(iv), to read as follows: 

§ 64.1200 Delivery Restrictions. 

* * * * * 

(f) * * * 

(8) The term one-ring scam means a 

scam in which a caller makes a call and 

allows the call to ring the called party 

for a short duration, in order to prompt 

the called party to return the call, 

2564 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 

thereby subjecting the called party to 

charges. 

* * * * * 

(k) * * * 

(2) * * * 

(iv) A telephone number that the 

provider identifies, based on reasonable 

analytics, as highly likely to be 

associated with a one-ring scam. 

* * * * * 

[FR Doc. 2020–27652 Filed 1–12–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 106, 107, 171, 172, 173, 

174, 175, 176, 177, 178, 179, and 180 

[Docket No. PHMSA–2018–0082 (HM–260A)] 

RIN 2137–AF43 

Hazardous Materials: Editorial 

Corrections and Clarifications 

Correction 

In rule document 2020–23353 

appearing on pages 83366 through 

83403 in the issue of Monday, December 

21, 2020, make the following correction: 

(1) On page 83366, in the DATES

section, change ‘‘January 20, 2021’’ to 

read ‘‘January 21, 2021.’’ 

(2) On page 83366, in the second 

column, on line twenty-nine change 

‘‘January 20, 2021’’ to read ‘‘January 21, 

2021.’’ 

[FR Doc. C1–2020–23353 Filed 1–12–21; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2018–0082; 

FF09E22000 FXES11130900000 201] 

RIN 1018–BC11 

Endangered and Threatened Wildlife 

and Plants; Removal of the Interior 

Least Tern From the Federal List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are removing 

the inland population of the least tern 

(Interior least tern) (Sterna (now 

Sternula) antillarum), from the Federal 

List of Endangered and Threatened 

Wildlife due to recovery. This 

determination is based on a thorough 

review of the best available scientific 

and commercial data, which indicates 

that the Interior least tern has recovered 

and the threats to the Interior least tern 

have been eliminated or reduced to the 

point that the species no longer meets 

the definition of an endangered species 

or threatened species under the 

Endangered Species Act of 1973, as 

amended (Act). Accordingly, the 

prohibitions and protections provided 

by the Act will no longer apply to the 

Interior least tern. 

DATES: This rule is effective February 

12, 2021. 

ADDRESSES: The proposed and final 

rules, supporting documents, and the 

comments received on the proposed 

rule are available on the internet at 

http://www.regulations.gov under 

Docket No. FWS–R4–ES–2018–0082, at 

https://www.fws.gov/mississippiES/, or 

at https://ecos.fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Ricks, Field Supervisor, U.S. 

Fish and Wildlife Service, Mississippi 

Ecological Services Field Office, 6578 

Dogwood View Parkway, Jackson, MS 

39213; telephone (601) 321–1122. 

Individuals who use a 

telecommunications device for the deaf 

(TDD), may call the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, a species may be removed from 

the Federal List of Endangered and 

Threatened Wildlife (List) if it is 

determined that the species has 

recovered and no longer meets the 

definition of an endangered or 

threatened species. Removing a species 

from the List can only be completed by 

issuing a rule. 

What this document does. This rule 

removes the Interior least tern (Sterna 

(now Sternula) antillarum) from the List 

in title 50 of the Code of Federal 

Regulations (50 CFR 17.11(h)) based on 

its recovery. 

The basis for our action. Under the 

Act, we determine that a species is an 

endangered species or a threatened 

species based on any of five factors: (A) 

The present or threatened destruction, 

modification, or curtailment of its 

habitat or range; (B) overutilization for 

commercial, recreational, scientific, or 

educational purposes; (C) disease or 

predation; (D) the inadequacy of 

existing regulatory mechanisms; or (E) 

other natural or manmade factors 

affecting its continued existence. We 

must consider the same factors when 

removing a species from the List (i.e., 

‘‘delisting’’ a species). We may delist a 

species if we find, after conducting a 

status review based on the best 

scientific and commercial data 

available, that: (1) The species is extinct; 

(2) the species does not meet the 

definition of an endangered species or a 

threatened species (e.g., because it has 

recovered); or (3) the listed entity does 

not meet the statutory definition of a 

species (50 CFR 424.11(e)). We have 

determined that the Interior least tern is 

not in danger of extinction now nor 

likely to become so in the foreseeable 

future based on a comprehensive review 

of its status and listing factors. 

Accordingly, we have determined that 

the species may be delisted based on 

recovery as a result of: (1) A range 

extension; (2) an increase in abundance 

and number of breeding sites; (3) 

resiliency to existing and potential 

threats; (4) the implementation of 

beneficial management practices; and 

(5) changes in existing regulatory 

mechanisms that are more protective of 

migratory bird habitats. 

Peer review and public comment. We 

evaluated the species’ needs, current 

conditions, and future conditions to 

prepare our October 24, 2019, proposed 

rule (84 FR 56977). We sought and 

evaluated comments from independent 

specialists to ensure that our 

determination is based on scientifically 

sound data, assumptions, and analyses. 

We also invited these peer reviewers to 

comment on the draft post-delisting 

monitoring (PDM) plan. We considered 

all comments and information we 

received during the public comment 

period on the proposed delisting rule 

and the draft PDM plan when 

developing this final rule. 

Previous Federal Actions 

On October 24, 2019, we published a 

proposed rule to remove the Interior 

least tern from the Federal List of 

Endangered and Threatened Wildlife 

(84 FR 56977). Please refer to that 

proposed rule for a detailed description 

of previous Federal actions concerning 

this species. The proposed rule and 

supplemental documents are provided 

at http://www.regulations.gov under 

Docket No. FWS–R4–ES–2018–0082 or 

at https://www.fws.gov/mississippiES/. 

Species Information 

Taxonomy and Genetics 

Least terns within the Interior Basin 

of North America were described as 

Sterna antillarum athalassos, a 

subspecies of the eastern least tern (S. 

antillarum antillarum) (Burleigh and