Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18993 

database to white space devices. 

However, the use of such systems is not 

mandatory, and the requirements for 

white space devices to validate the 

operating channel and to cease 

operation in accordance with paragraph 

(h) of this section continue to apply if 

such a system is used. 

* * * * * 

■ 4. Amend § 15.715 by revising 

paragraph (l) to read as follows: 

§ 15.715 White space database 

administrator. 

* * * * * 

(l) If more than one database is 

developed, the database administrators 

shall cooperate to develop a 

standardized process for providing on a 

daily basis or more often, as 

appropriate, the data collected for the 

facilities listed in § 15.713(b)(2) to all 

other white space databases to ensure 

consistency in the records of protected 

facilities. In response to a request for 

immediate access to a channel by a 

licensed wireless microphone user, 

white space database administrators are 

required to share the licensed 

microphone channel registration 

information to all other white space 

database administrators within 10 

minutes of receiving each wireless 

microphone registration. 

* * * * * 

[FR Doc. 2022–06503 Filed 3–31–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 12–375, DA 22–52; FR ID 

77980] 

Rates for Interstate Inmate Calling 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces the Office of 

Management and Budget (OMB) has 

approved, for a period of three years, an 

information collection associated with 

the Mandatory Data Collection Order, 

DA 22–52, issued by the Commission’s 

Wireline Competition Bureau (WCB or 

Bureau) and Office Economics and 

Analytics (collectively WCB/OEA) on 

January 18, 2022. In that Order, WCB/ 

OEA adopted instructions, a reporting 

template, and a certification form 

related to a data collection regarding 

calling services for incarcerated people. 

OMB approved the data collection on 

March 1, 2022. This document 

establishes an effective date for the 

Mandatory Data Collection Order. 

Responses to to the Third Mandatory 

Data Collection are due June 30, 2022. 

DATES: The effective date of the order 

published March 23, 2022 at 87 FR 

16560 is April 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Erik 

Raven-Hansen, Pricing Policy Division, 

Wireline Competition Bureau, (202) 

418–1532, or email erik.raven-hansen@

fcc.gov.@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on March 1, 

2022, OMB approved, for a period of 

three years, the information collection 

requirements adopted on January 18, 

2022, in the Mandatory Data Collection 

Order, DA 22–52, published March 23, 

2022 at 87 FR 16560. The OMB Control 

Number is 3060–1300. The Commission 

publishes this document as an 

announcement of the effective date of 

the requirements for the Mandatory Data 

Collection. 

In the Mandatory Data Collection 

Order, WCB/OEA directed that 

requirements for the Mandatory Data 

Collection adopted in that Order would 

become effective on the date specified 

in a document published in the Federal 

Register announcing OMB approval. We 

note that inmate calling services (ICS) 

providers’ responses to the data 

collection are due no later than June 30, 

2022. 

If you have any comments on the 

Mandatory Data Collection, or how the 

Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Nicole 

Ongele, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20002. Please include 

the OMB Control Number, 3060–1300, 

in your correspondence. The 

Commission will also accept your 

comments via email at PRA@fcc.gov. 

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 March 1, 

2022 for the information collection 

requirements contained in WCB/OEA’s 

Mandatory Data Collection Order. 

Under 5 CFR part 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 Paperwork 

Reduction Act that does not display a 

current, valid OMB Control Number. 

The OMB Control Number is 3060– 

1300. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total data collection burdens and 

costs for the respondents are as follows: 

OMB Control Number: 3060–1300. 

OMB Approval Date: March 1, 2022. 

Expiration Date: March 31, 2025. 

Title: Inmate Calling Service (ICS) 

2022 One-time Data Collection, WC 

Docket No. 12–375, FCC 21–60. 

Form Numbers: FCC Form 2302(a) 

and FCC Form 2302(b). 

Respondents: Business or other for 

profit. 

Number of Respondents and 

Responses: 20 respondents; 20 

responses. 

Estimated Time per Response: 355 

hours on average. 

Frequency of Response: One-time 

reporting requirement. 

Total Annual Burden: 7,100 hours. 

Total Annual Cost: No cost. 

Obligation To Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in sections 1, 4(i)–(j), 

201(b), 218, 220, 225, 255, 276, 403, and 

617 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 154(i)–(j), 

201(b), 218, 220, 225, 255, 276, 403, and 

617. 

Privacy Act Impact Assessment: No 

Impact(s). 

Nature and Extent of Confidentiality: 

The Commission anticipates treating as 

presumptively confidential any 

particular information identified as 

proprietary by calling services 

providers. 

Needs and Uses: Section 201 of the 

Communications Act of 1934, as 

amended (Act), 47 U.SC. 201, requires 

that calling services providers’ interstate 

and international rates and practices be 

just and reasonable. Section 276 of the 

Act, 47 U.S.C. 276, requires that 

payphone service providers (including 

calling services providers) be fairly 

compensated for completed calls. 

On May 24, 2021, the Commission 

released the Third Report and Order (86 

FR 40682, July 28, 2021), Order on 

Reconsideration (86 FR 40340, July 28, 

2021), and Fifth Further Notice of 

Proposed Rulemaking (86 FR 40416, 


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18994 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

1 49 U.S.C. 32902. The authorities vested in the 

Secretary under chapter 329 of Title 49, U.S.C., 

have been delegated to NHTSA. 49 CFR 1.95(a). 

2 49 U.S.C. 32911, 32912. 

3Within statutory constraints, credits may be 

either earned (for over-compliance by a given 

manufacturer’s fleet, in a given model year), 

transferred (from one fleet to another), or purchased 

(in which case, another manufacturer earned the 

credits by over-complying and chose to sell that 

surplus). 49 U.S.C. 32903. 

4A manufacturer may have up to three fleets of 

vehicles, for CAFE compliance purposes, in any 

given model year—a domestic passenger car fleet, 

an imported passenger car fleet, and a light truck 

fleet. Each fleet belonging to each manufacturer has 

its own compliance obligation, with the potential 

for either over-compliance or under-compliance. 

There is no overarching CAFE requirement for a 

manufacturer’s total production. 

July 28, 2021), WC Docket No. 12–375, 

FCC 21–60 (2021 ICS Order), in which 

it continued its reform of the calling 

services marketplace. In that Order, the 

Commission, among other actions, 

delegated authority to WCB/OEA to 

implement a data collection for ICS 

providers. Pursuant to that delegation, 

WCB/OEA adopted the Mandatory Data 

Collection Order, including the 

instructions, reporting template, and 

certification form for the data collection, 

on January 18, 2022. 

Federal Communications Commission. 

Lynne Engledow, 

Deputy Chief, Pricing Policy Division, 

Wireline Competition Bureau. 

[FR Doc. 2022–06517 Filed 3–31–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–2021–0001] 

RIN 2127–AM32 

Civil Penalties 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: On January 14, 2021, NHTSA 

published an interim final rule in 

response to a petition for rulemaking 

from the Alliance for Automotive 

Innovation. The interim final rule 

applied the adjusted civil penalty rate 

applicable to automobile manufacturers 

that violate relevant corporate average 

fuel economy (CAFE) standards 

beginning with vehicle Model Year 

(MY) 2022. The interim final rule also 

requested comment. In light of a 

subsequent Executive order and the 

agency’s review of comments, NHTSA 

reviewed and reconsidered that interim 

final rule, a process that included a 

supplemental notice of proposed 

rulemaking (SNPRM) to consider the 

appropriate path forward and to allow 

interested parties sufficient time to 

provide comments. As a result of this 

review and reconsideration, including a 

careful consideration of the comments 

received in response to the SNPRM, 

NHTSA is repealing the interim final 

rule and reverting to the December 2016 

final rule that would apply the 

adjustment for the CAFE civil penalty 

rate beginning with Model Year 2019. In 

this rule, NHTSA is also applying the 

statutorily required annual adjustments 

through 2022. Going forward, NHTSA 

will continue to make the mandatory 

adjustments to the CAFE civil penalty 

rate, as required by law for all civil 

monetary penalties. 

DATES: 

Effective date: This rule is effective as 

May 31, 2022. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received not later than May 16, 

2022. 

ADDRESSES: Any petitions for 

reconsideration should refer to the 

docket number of this document and be 

submitted to: Deputy Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE, West Building, Fourth 

Floor, Washington, DC 20590. 

Docket: All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the following location: Docket 

Management Facility, M–30, U.S. 

Department of Transportation, West 

Building, Ground Floor, Rm. W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. The telephone 

number for the docket management 

facility is (202) 366–9324. The docket 

management facility is open between 9 

a.m. and 5 p.m. Eastern Time, Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kuppersmith, Office of Chief 

Counsel, NHTSA, email 

michael.kuppersmith@dot.gov, 

telephone (202) 366–2992, facsimile 

(202) 366–3820, 1200 New Jersey Ave. 

SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. CAFE Statutory and Regulatory 

Background 

B. Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 

C. NHTSA’s Actions to Date Regarding CAFE 

Civil Penalties 

1. Initial Interim Final Rule 

2. Initial Petition for Reconsideration and 

Response 

3. NHTSA Reconsideration 

4. Subsequent Petitions and Interim Final 

Rule 

5. Supplemental Notice of Proposed 

Rulemaking 

D. Overview of the Comments Received 

E. Response to the Comments 

1. Agency Reconsideration 

2. Procedural Issues 

3. Statutory Authorization 

4. Retroactivity 

5. Reliance Interests 

6. Economic Impact of the COVID–19 

Pandemic and Other Factors 

7. Usage of Credits 

8. Additional Adjustments Required by 

Law 

F. Rulemaking Analyses and Notices 

1. Executive Order 12866, Executive Order 

13563, and DOT Regulatory Policies and 

Procedures 

2. Regulatory Flexibility Act 

3. Executive Order 13132 (Federalism) 

4. Unfunded Mandates Reform Act of 1995 

5. National Environmental Policy Act 

6. Executive Order 12778 (Civil Justice 

Reform) 

7. Paperwork Reduction Act 

8. Privacy Act 

A. CAFE Statutory and Regulatory 

Background 

NHTSA sets 1 and enforces 2 corporate 

average fuel economy (CAFE) standards 

for the United States light-duty 

automobile fleet, and in doing so, 

assesses civil penalties against 

manufacturers that violate applicable 

standards and are unable to make up the 

shortfall with credits.3 The civil penalty 

amount for CAFE violations was 

originally set by statute in 1975, and 

beginning in 1997, included a rate of 

$5.50 per each tenth of a mile per gallon 

(0.1) that a manufacturer’s CAFE 

performance falls short of its 

compliance obligation. This shortfall 

amount is then multiplied by the 

number of vehicles in that 

manufacturer’s fleet.4 The basic 

equation for calculating a 

manufacturer’s civil penalty amount, 

before accounting for credits, is as 

follows: 

(penalty rate, in $ per 0.1 mpg per vehicle) 

× (amount of shortfall, in tenths of an 


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