Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12545 

1See 47 CFR 0.271(c), 0.331(c), 0.261(b)(3). 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone on the RR at MM 

58 through 60 in the vicinity of Moncla, 

LA, that will prohibit entry into this 

zone. The safety zone will only be 

enforced while operations preclude the 

safe navigation of the established 

channel. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0125 to read as 

follows: 

§ 165.T08–0125 Safety Zone; Red River, 

Mile Marker 59, Moncla, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Red River at Mile Marker (MM) 58 

through 60 in the vicinity of Moncla, 

LA. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 901–521–4822. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Eforcement period. This section 

will be enforced from March 3, 2021 

until March 10, 2021. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: February 26, 2021. 

R.S. Rhodes, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Lower Mississippi River. 

[FR Doc. 2021–04471 Filed 3–3–21; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0 and 1 

[GN Docket No. 21–16; FCC 21–17; FRS 

17471] 

Delegations of Authority To Act on 

Applications for Review 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) amends its organizational 

rules to codify a uniformly applicable 

standard for the exercise of delegated 

authority by staff Bureaus and Offices to 

dismiss procedurally defective 

Applications for Review. Bureaus and 

Offices will have clear authority to 

dismiss such applications that do not 

comply with procedural requirements. 

DATES: Effective April 5, 2021. 

FOR FURTHER INFORMATION CONTACT: 

David Konczal, Office of General 

Counsel, at David.Konczal@fcc.gov or 

(202) 418–1700. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order in 

GN Docket No. 21–16; FCC 21–17, 

adopted on January 13, 2021, and 

released on January 14, 2021. The 

complete text of this document can be 

located on the FCC website at https://

docs.fcc.gov/public/attachments/FCC21-17A1.pdf. 

Synopsis 

1. By this Order, we amend parts 0 

and 1 of the Commission’s rules to 

codify a uniformly applicable standard 

for the exercise of delegated authority 

by various Bureaus and Offices to 

dismiss Applications for Review that do 

not comply with the procedural 

requirements of 47 CFR 1.115(a), (b), (d), 

or (f). Our current rules delegating 

authority to the various Bureaus and 

Offices are inconsistent on this issue. 

The rules delegating authority to certain 

Bureaus and Offices provide them with 

authority to dismiss procedurally 

defective Applications for Review.1 The 

rules delegating authority to the other 


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12546 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 

2See 47 CFR 0.212(b)(3), 0.241(a)(2), 0.283(b), 

0.291(d), 0.311(a)(2), 0.361(b), 0.392(b). 

3The Bureaus’ authority extends to those 

applications where such statements are missing 

entirely. 

4 47 CFR 0.91(m). 

5 Implementing Kari’s Law and Section 506 of 

RAY BAUM’S Act; Inquiry Concerning 911 Access, 

Routing, and Location in Enterprise 

Communications Systems; Amending the Definition 

of Interconnected VoIP Service in Section 9.3 of the 

Commission’s Rules, Report and Order, 84 FR 

66716 (Dec. 5, 2019), 34 FCC Rcd 6607 (2019). The 

former part 12 rules are now contained in 47 CFR 

part 9. 

Bureaus and Offices do not expressly 

provide this authority.2

2. To remove this inconsistency, we 

hereby amend our rules to delegate 

authority to various Bureaus and Offices 

to dismiss any Application for Review 

that does not contain any statement 

required under 47 CFR 1.115(a) or (b),3

or does not comply with the filing 

requirements of 47 CFR 1.115(d) or (f). 

We conclude that this action will 

eliminate confusion on this issue for the 

benefit of parties seeking Commission 

review of staff actions and parties 

opposing such challenges. In addition, 

this action will aid in the expeditious 

dismissal of procedurally defective 

Applications for Review. These 

amendments to the rules will apply to 

all Applications for Review filed on or 

after the effective date of the 

amendments set forth below. 

3. We also take this opportunity to 

correct a typographical error in the rules 

describing the functions of the Wireline 

Competition Bureau. As codified, 

§ 0.91(m) specifies that one of the 

functions of the Wireline Competition 

Bureau is to ‘‘[c]arry out the functions 

of the Commission under the 

Communications Act of 1934, as 

amended, except as reserved to the 

Commission under § 0.331.’’ 4 The 

reference to § 0.331 is an error, as that 

is the provision of our rules that 

delegates authority to the Wireless 

Telecommunications Bureau. Instead 

the limitation should refer to § 0.291 of 

our rules, which delegates authority to 

the Wireline Competition Bureau. 

4. We hereby amend § 0.91 to correct 

that typographical error. We conclude 

that this action will eliminate confusion 

on this issue for the benefit of parties 

seeking to determine the scope of 

authority delegated to the Wireline 

Competition Bureau. 

5. Finally, we make a minor 

correction to § 0.392(j) of the delegated 

authority rules for the Public Safety and 

Homeland Security Bureau, which 

states that the chief of that bureau has 

authority to administer the 911 

communications reliability and 

redundancy rules and policies 

‘‘contained in part 12 of this chapter.’’ 

The reference to part 12 is no longer 

correct because in 2019, the 

Commission moved the part 12 rules to 

part 9 as part of its general 

consolidation of 911 rules in the Kari’s 

Law/RAY BAUM’S Act proceeding.5

Therefore, we amend § 0.392(j) to 

replace the references to ‘‘part 12’’ with 

‘‘part 9.’’ 

6. No Notice and Comment Required. 

We have determined that the changes 

we adopt here are rules of agency 

organization, procedure, or practice, and 

are therefore exempt from the notice 

and comment requirements of the 

Administrative Procedure Act, 5 U.S.C. 

553(b)(A). 

7. Regulatory Flexibility Act, 

Paperwork Reduction Act, and 

Congressional Review Act. Section 603 

of the Regulatory Flexibility Act, as 

amended, 5 U.S.C. 603(a), requires a 

regulatory flexibility analysis in notice 

and comment rulemaking proceedings. 

As we are adopting these rules without 

notice and comment, no regulatory 

flexibility analysis is required. This 

document does not contain any new or 

modified information collection(s) 

subject to the Paperwork Reduction Act 

of 1995, 44 U.S.C. 3501–3520. 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, 

44 U.S.C. 3506(c)(4). The Commission 

will not send a copy of this Order 

pursuant to the Congressional Review 

Act, 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,’’ 5 

U.S.C. 804(3)(C). 

8. Accordingly, it is ordered that 

pursuant to sections 4(i), 4(j), and 5 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 155, 

and 47 CFR 0.201(d), this order is 

hereby adopted and the rules set forth 

below are hereby amended effective 30 

days after publication in the Federal 

Register. 

List of Subjects 

47 CFR Part 0 

Authority delegations, Organization 

and functions. 

47 CFR Part 1 

Administrative practice and 

procedure, Penalties. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 0 and 

1 as follows: 

PART 0—COMMISSION 

ORGANIZATION 

■ 1. The authority citation for part 0 

continues to read as follows: 

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

155, 225, and 409, unless otherwise noted. 

■ 2. Amend § 0.91 by revising paragraph 

(m) to read as follows: 

§ 0.91 Functions of the Bureau. 

* * * * * 

(m) Carry out the functions of the 

Commission under the Communications 

Act of 1934, as amended, except as 

reserved to the Commission under 

§ 0.291. 

* * * * * 

■ 3. Amend § 0.212 by revising 

paragraph (b)(3) to read as follows: 

§ 0.212 Board of Commissioners. 

* * * * * 

(b) * * * 

(3) Applications for review of actions 

taken pursuant to delegated authority, 

except that the Board may dismiss any 

such application that does not contain 

any statement required under § 1.115(a) 

or (b) of this chapter, or does not 

comply with the filing requirements of 

§ 1.115(d) or (f) of this chapter. 

* * * * * 

■ 4. Amend § 0.241 by revising 

paragraphs (a) introductory text and 

(a)(2) to read as follows: 

§ 0.241 Authority delegated. 

(a) The performance of functions and 

activities described in § 0.31 is 

delegated to the Chief of the Office of 

Engineering and Technology: Provided 

that the following matters shall be 

referred to the Commission en banc for 

disposition: 

* * * * * 

(2) Applications for review of actions 

taken pursuant to delegated authority, 

except that the Chief of the Office of 

Engineering and Technology may 

dismiss any such application that does 

not contain any statement required 

under § 1.115(a) or (b) of this chapter, or 

does not comply with the filing 

requirements of § 1.115(d) or (f) of this 

chapter. 

* * * * * 


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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12547 

■ 5. Amend § 0.261 by revising 

paragraph (b)(3) to read as follows: 

§ 0.261 Authority delegated. 

* * * * * 

(b) * * * 

(3) To act upon any application for 

review of actions taken by the Chief, 

International Bureau, pursuant to 

delegated authority, except that the 

Chief of the International Bureau may 

dismiss any such application that does 

not contain any statement required 

under § 1.115(a) or (b) of this chapter, or 

does not comply with the filing 

requirements of § 1.115(d) or (f) of this 

chapter; 

* * * * * 

■ 6. Amend § 0.271 by revising 

paragraph (c) to read as follows: 

§ 0.271 Authority delegated. 

* * * * * 

(c) The Chief, Office of Economics 

and Analytics, shall not have authority 

to act on any applications for review of 

actions taken by the Chief of the Office 

of Economics and Analytics pursuant to 

delegated authority, except that the 

Chief may dismiss any such application 

that does not contain any statement 

required under § 1.115(a) or (b) of this 

chapter, or does not comply with the 

filing requirements of § 1.115(d) or (f) of 

this chapter. 

* * * * * 

■ 7. Amend § 0.283 by revising 

paragraph (b) to read as follows: 

§ 0.283 Authority delegated. 

* * * * * 

(b) Application for review of actions 

taken pursuant to delegated authority, 

except that the Chief of the Media 

Bureau may dismiss any such 

application that does not contain any 

statement required under § 1.115(a) or 

(b) of this chapter, or does not comply 

with the filing requirements of 

§ 1.115(d) or (f) of this chapter. 

* * * * * 

■ 8. Amend § 0.291 by revising 

paragraph (d) to read as follows: 

§ 0.291 Authority delegated. 

* * * * * 

(d) Authority concerning applications 

for review. The Chief, Wireline 

Competition Bureau, shall not have 

authority to act upon any applications 

for review of actions taken by the Chief, 

Wireline Competition Bureau, pursuant 

to any delegated authority, except that 

the Chief of the Wireline Competition 

Bureau may dismiss any such 

application that does not contain any 

statement required under § 1.115(a) or 

(b) of this chapter, or does not comply 

with the filing requirements of 

§ 1.115(d) or (f) of this chapter. 

* * * * * 

■ 9. Amend § 0.311 by revising 

paragraph (a)(2) to read as follows: 

§ 0.311 Authority delegated. 

* * * * * 

(a) * * * 

(2) Applications for review of actions 

taken pursuant to delegated authority, 

except that the Chief of the Enforcement 

Bureau may dismiss any such 

application that does not contain any 

statement required under § 1.115(a) or 

(b) of this chapter, or does not comply 

with the filing requirements of 

§ 1.115(d) or (f) of this chapter. 

* * * * * 

■ 10. Amend § 0.331 by revising 

paragraph (c) to read as follows: 

§ 0.331 Authority delegated. 

* * * * * 

(c) Authority concerning applications 

for review. The Chief, Wireless 

Telecommunications Bureau, shall not 

have authority to act upon any 

applications for review of actions taken 

by the Chief of the Wireless 

Telecommunications Bureau pursuant 

to any delegated authority, except that 

the Chief may dismiss any such 

application that does not contain any 

statement required under § 1.115(a) or 

(b) of this chapter, or does not comply 

with the filing requirements of § 1.115 

(d) or (f) of this chapter. 

* * * * * 

■ 11. Amend § 0.361 by revising 

paragraph (b) to read as follows: 

§ 0.361 Authority delegated. 

* * * * * 

(b) Application for review of actions 

taken pursuant to delegated authority, 

except that the Chief of Consumer and 

Governmental Affairs Bureau may 

dismiss any such application that does 

not contain any statement required 

under § 1.115(a) or (b) of this chapter, or 

does not comply with the filing 

requirements of § 1.115(d) or (f) of this 

chapter. 

* * * * * 

■ 12. Amend § 0.392 by revising 

paragraphs (b) and (j) to read as follows: 

§ 0.392 Authority delegated. 

* * * * * 

(b) The Public Safety and Homeland 

Security Bureau shall not have authority 

to act upon any applications for review 

of actions taken by the Chief, Public 

Safety and Homeland Security Bureau, 

pursuant to any delegated authority, 

except that the Chief of the Public 

Safety and Homeland Security Bureau 

may dismiss any such application that 

does not contain any statement required 

under § 1.115(a) or (b) of this chapter, or 

does not comply with the filing 

requirements of § 1.115(d) or (f) of this 

chapter. 

* * * * * 

(j) The Chief of the Public Safety and 

Homeland Security Bureau is delegated 

authority to administer the 

communications reliability and 

redundancy rules and policies 

contained in part 9, subpart H, of this 

chapter, develop and revise forms and 

procedures as may be required for the 

administration of part 9, subpart H, of 

this chapter, review certifications filed 

in connection therewith, and order 

remedial action on a case-by-case basis 

to ensure the reliability of 911 service in 

accordance with such rules and 

policies. 

PART 1—PRACTICE AND 

PROCEDURE 

■ 13. The authority citation for part 1 is 

revised to read as follows: 

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 

U.S.C. 2461 note, unless otherwise noted. 

■ 14. Amend § 1.104 by: 

■ a. Revising paragraph (b); and 

■ b. Removing the note following 

paragraph (d) and the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 1.104 Preserving the right of review; 

deferred consideration of application for 

review. 

* * * * * 

(b) Any person desiring Commission 

consideration of a final action taken 

pursuant to delegated authority shall 

file either a petition for reconsideration 

or an application for review (but not 

both) within 30 days from the date of 

public notice of such action, as that date 

is defined in § 1.4(b). The petition for 

reconsideration will be acted on by the 

designated authority or referred by such 

authority to the Commission: Provided 

that a petition for reconsideration of an 

order designating a matter for hearing 

will in all cases be referred to the 

Commission. The application for review 

will be acted upon by the Commission, 

except in those cases where a Bureau or 

Office has been delegated authority to 

dismiss an application for review. 

* * * * * 

[FR Doc. 2021–03699 Filed 3–3–21; 8:45 am] 

BILLING CODE 6712–01–P 


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