Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 9025 

State and location Community 

No. 

Effective date authorization/cancellation 

of sale of flood insurance in community 

Current effective 

map date 

Date certain federal 

assistance no longer 

available in SFHAs 

Region V 

Minnesota: 

Elko New Market, City of, Scott 

County.

270643 June 21, 2013, Emerg; October 24, 

2014, Reg; February 12, 2021, Susp. 

February 12, 2021 .. February 12, 2021. 

Jordan, City of, Scott County ............ 270430 April 15, 1974, Emerg; January 6, 1982, 

Reg; February 12, 2021, Susp. 

......do * .................... Do. 

Prior Lake, City of, Scott County ....... 270432 February 6, 1974, Emerg; September 29, 

1978, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Savage, City of, Scott County ........... 270433 April 24, 1974, Emerg; June 18, 1980, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Scott County, Unincorporated Areas 270428 April 14, 1972, Emerg; April 3, 1978, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Shakopee, City of, Scott County ....... 270434 May 7, 1974, Emerg; September 29, 

1978, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Region VI 

Texas: 

Archer City, City of, Archer County ... 480698 April 30, 1976, Emerg; October 16, 1979, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Archer County, Unincorporated 

Areas.

481078 September 8, 1982, Emerg; January 6, 

1988, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Holliday, City of, Archer County ........ 480699 July 8, 1985, Emerg; November 1, 1989, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Jack County, Unincorporated Areas 480377 June 30, 1998, Emerg; February 11, 

2009, Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Jacksboro, City of, Jack County ........ 480378 May 29, 1975, Emerg; January 15, 1988, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Lakeside City, City of, Archer and 

Wichita Counties.

481496 October 23, 1990, Emerg; April 1, 1991, 

Reg; February 12, 2021, Susp. 

......do ...................... Do. 

Scotland, City of, Archer County ....... 481280 June 9, 2010, Emerg; N/A, Reg; February 12, 2021, Susp. ......do ...................... Do. 

* do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Katherine B. Fox, 

Assistant Administrator for Mitigation, 

Federal Insurance and Mitigation 

Administration—FEMA Resilience, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. 2021–02832 Filed 2–10–21; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No 13–184; FCC 20–178; FRS 

17362] 

Modernizing the E-Rate Program for 

Schools and Libraries 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communications 

Commission (Commission) amends ERate invoicing rules to enhance the 

efficient administration of the program 

while ensuring that program 

participants have sufficient time to 

complete the invoice payment process. 

DATES: Effective February 11, 2021. 

FOR FURTHER INFORMATION CONTACT: 

James Bachtell, Wireline Competition 

Bureau, 202–418–7400 or TTY: 202– 

418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Modernizing the E-Rate 

Program for Schools and Libraries 

(Order) in WC Docket No. 13–184; FCC 

20–178, adopted December 9, 2020 and 

released December 10, 2020. Due to the 

COVID–19 pandemic, the Commission’s 

headquarters will be closed to the 

general public until further notice. The 

full text of this document is available at 

the following internet address: https://

docs.fcc.gov/public/attachments/FCC20-178A1.pdf. 

I. Introduction 

1. The efficient administration of the 

E-Rate program depends on providing 

program participants flexibility to 

procure needed services and equipment 

in a timely and cost-effective manner, 

while ensuring that safeguards are in 

place to administer the program 

effectively and protect against waste, 

fraud and abuse. Since the program’s 

inception, the Commission and the 

program’s administrator, the Universal 

Service Administrative Company 

(USAC), have continuously worked to 

achieve the appropriate balance in 

meeting these goals. This Order builds 

on those efforts by amending the 

invoicing rules to enhance the efficient 

administration of the program while 

ensuring that program participants have 

sufficient time to complete the invoice 

payment process. 

2. Specifically, the Commission 

permits applicants and service 

providers up to 120 days to submit 

invoices after USAC issues a Revised 

Funding Commitment Decision Letter 

approving a post-commitment request or 

granting an appeal of a previously 

denied or reduced funding request. In so 

doing, the Commission facilitates 

program participants’ ability to meet 

evolving needs—by changing service 

providers or submitting service 

substitutions, for example—without 

jeopardizing their ability to obtain 

reimbursement or necessitating a 

Commission waiver proceeding. 

Consistent with this change, the 

Commission grants relief to certain 

program participants that were excluded 

from an earlier invoicing relief order 

and provides a one-time waiver 

opportunity for program participants 

that were unable to timely submit an 

invoice because they were awaiting a 

post-commitment decision. 

3. In taking these actions, the 

Commission promotes the goals of the 

E-Rate program by ensuring that its 


khammond on DSKJM1Z7X2PROD with RULES
9026 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 

subsidies continue to assist students 

and library patrons in getting access to 

essential communication and broadband 

services without applicants and service 

providers facing unfair obstacles when 

submitting claims for reimbursement. 

II. Discussion 

4. The Commission amends the rules 

to provide greater flexibility to 

applicants and service providers by 

providing them 120 days to submit an 

invoice after USAC issues a Revised 

Funding Commitment Decision Letter 

approving a post-commitment request or 

granting an appeal regarding a 

previously denied or reduced funding 

request. The Commission also extends 

the relief provided in the 2018 Invoicing 

Relief Order (DA 18–188) to applicants 

and service providers that were unable 

to invoice while awaiting a postcommitment decision from USAC and 

timely filed a request for waiver, 

regardless of whether they requested 

and received a one-time, 120-day 

invoice deadline extension. Finally, the 

Commission provides a one-time 

opportunity for program participants to 

seek a waiver if they have not 

previously done so if they can 

demonstrate that were unable to timely 

submit an invoice because they were 

awaiting a post-commitment decision. 

These filings must demonstrate good 

cause to waive the 60-day waiver filing 

deadline. 

5. Post-Commitment Invoice Period. 

The Commission amends the E-Rate 

program rules to allow applicants and 

service providers to submit invoices for 

payment up to 120 days after USAC 

issues a Revised Funding Commitment 

Decision Letter approving a postcommitment request or granting an 

appeal of a previously denied or 

reduced funding request. The 

Commission did not fully consider all of 

the potential scenarios that might affect 

an applicant or service provider’s ability 

to invoice when it codified the 

invoicing deadline in 2014. Such delays 

could be caused by technical issues or 

involve requests that include 

particularly complicated appeals or 

investigations. The Commission finds 

that providing applicants and service 

providers 120 days to invoice under 

these circumstances will not greatly 

delay the ability of the Commission or 

USAC to efficiently administer the 

program. Several members of the E-Rate 

community have requested the 

Commission take action, including the 

State E-Rate Coordinators Alliance 

(SECA). 

6. The Commission amends the rule 

now without notice and comment in 

accordance with the exception to the 

Administrative Procedure Act (APA) for 

procedural rules. This change in the 

rules will be effective February 11, 

2021. Upon effectiveness, if USAC 

grants an appeal or approves other postcommitment requests submitted by an 

applicant or service provider, it must 

provide applicants and service 

providers 120 days from the date of the 

resulting Revised Funding Commitment 

Decision Letter to complete invoicing. 

7. The Commission limits the rule 

change to post-commitment requests or 

appeal decisions that result in a Revised 

Funding Commitment Decision Letter 

approving the request. Therefore, 

applicants or service providers 

appealing partially approved funding 

requests should submit invoices for the 

partial funding before the original 

invoice deadline expires because USAC 

will not provide additional time to 

invoice if the appeal is denied. 

8. Relief for Program Participants 

Outside the Scope of the 2018 Invoicing 

Relief Order. The Commission waives 

the existing invoicing rule for any 

applicant or service provider that was 

unable to invoice while awaiting a postcommitment decision and filed a 

pending request for waiver of this rule 

with the Wireline Competition Bureau 

(Bureau) for funding year 2016, 

regardless of whether the applicant or 

service provider requested and received 

a one-time, 120-day invoice deadline 

extension. The Commission’s rules may 

be waived for good cause shown. The 

Commission finds, as in the 2018 

Invoicing Relief Order, that the 

circumstances here require a waiver of 

the invoicing rules because the 

applicants and service providers made 

nearly every attempt to comply with the 

invoice deadline rules, but were blocked 

from timely completing the invoicing 

process because a predicate request or 

function had not been completed (or 

could not be completed) by USAC’s 

systems. 

9. The Commission also directs the 

Bureau to extend this relief to any 

applicant or service provider that 

similarly faced this issue and filed a 

pending request for waiver of this rule 

due to a post-commitment request 

approval or a successful appeal decision 

received after the invoice deadline for 

funding years 2014–2015 and funding 

year 2017 or later. Because all of these 

applicants and service providers had 

approved funding commitments and 

were unable to take the last step to file 

invoices due to circumstances outside of 

their control, there are no concerns 

about waste, fraud, or abuse. The 

Commission therefore directs the 

Bureau to evaluate and grant these 

pending waiver requests on a case-bycase basis consistent with the Order. For 

program participants that receive a 

waiver, the Commission directs USAC 

to issue a Revised Funding Commitment 

Decision Letter and provide 120 days 

from the issuance of that letter for 

applicants or service providers to 

submit or resubmit invoices. 

10. Finally, the Commission 

recognizes that there may be other 

applicants and service providers that 

faced the same circumstances as the 

others granted relief in the Order but 

did not file a waiver request with the 

Commission. To ensure that similar 

facts lead to similar outcomes, other 

applicants or service providers facing 

similar circumstances may request 

within 60 days from February 11, 2021, 

a waiver demonstrating that they were 

unable to timely invoice due to a delay 

in the processing of a post-commitment 

change or resolution of a successful 

appeal decision for funding years 2014 

or later. The Commission finds that 60 

days is an appropriate length of time to 

give applicants and service providers to 

file their waiver requests. The 

Commission’s current rules require that 

appeals and waiver requests be 

submitted within this time frame, which 

provides petitioners an adequate 

opportunity to respond meaningfully to 

adverse decisions. Because these filings 

are likely being submitted beyond the 

60-day time period for waiver requests, 

each pleading must contain an 

explanation of the reason they did not 

previously file a timely waiver request 

and, if the Bureau finds good cause, it 

should waive the filing deadline in 

§ 54.720(a) of the Commission’s rules. 

The Bureau is directed to evaluate and 

grant these waiver requests to the extent 

affected parties demonstrate that they 

were unable to submit timely invoices 

under the circumstances discussed in 

the Order and demonstrate good cause 

to waive the deadline to timely file a 

waiver request. 

III. Procedural Matters 

A. Paperwork Reduction Act Analysis 

11. This document does not contain 

any new or modified information 

collection requirements subject to PRA. 

In addition, therefore, it 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). 

B. Congressional Review Act 

12. The Commission will not send a 

copy of the Order to Congress and the 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 9027 

Government Accountability Office 

pursuant to the Congressional Review 

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

the adopted rules are rules of agency 

organization, procedure, or practice that 

do not ‘‘substantially affect the rights or 

obligations of non-agency parties.’’ This 

is a procedural rule establishing a 

deadline for filing invoices. 

IV. Ordering Clauses 

13. Accordingly, it is ordered that, 

pursuant to the authority found in 

sections 1 through 4, 201–202, 254, 

303(r) and 403 of the Communications 

Act of 1934, as amended, 47 U.S.C. 151 

through 154, 201 through 202, 254, 

303(r), and 403, the Order is adopted. 

14. It is further ordered, pursuant to 

the authority contained in sections 1–4 

and 254 of the Communications Act of 

1934, as amended, 47 U.S.C. 151–154 

and 254, and § 1.3 of the Commission’s 

rules, 47 CFR 1.3, that §§ 54.514 and 

54.720(a) of the Commission’s rules, 47 

CFR 54.514 and 54.720(a), ARE 

WAIVED to the extent provided herein. 

15. It is further ordered, pursuant to 

the authority contained in sections 1–4 

and 254 of the Communications Act of 

1934, as amended, 47 U.S.C. 151–154 

and 254, and §§ 0.91 and 1.3 of the 

Commission’s rules, 47 CFR 0.91, 1.3, 

the Commission directs the Wireline 

Competition Bureau to grant relief to 

similarly situated applicants to the 

extent described herein. 

16. The rule changes adopted in the 

Order constitute either a rules of agency 

organization, procedure and practice 

and are not subject to the notice and 

comment and effective date provisions 

of the Administrative Procedure Act. 

Accordingly, these rule changes are 

effective February 11, 2021. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Editorial Note: This document was 

received for publication by the Office of the 

Federal Register on January 5, 2021. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 54 as 

follows: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 155, 201, 

205, 214, 219, 220, 229, 254, 303(r), 403, 

1004, and 1302 unless otherwise noted. 

■ 2. Amend § 54.514 by revising 

paragraph (a) to read as follows: 

§ 54.514 Payment for discounted services. 

(a) Invoice filing deadline. Invoices 

must be submitted to the Administrator: 

(1) 120 days after the last day to 

receive service; 

(2) 120 days after the date of the FCC 

Form 486 Notification Letter; or 

(3) 120 days after the date of the 

Revised Funding Commitment Decision 

Letter approving a post-commitment 

request made by the applicant or service 

provider or a successful appeal of a 

previously denied or reduced funding 

request, whichever is latest. 

* * * * * 

[FR Doc. 2021–00190 Filed 2–10–21; 8:45 am] 

BILLING CODE 6712–01–P 


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