Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 26139 

program into the Code of Federal 

Regulations. The EPA does this by 

adding those citations and references to 

the authorized state rules in 40 CFR part 

272. The EPA is not codifying the 

authorization of Hawaii’s revisions at 

this time. However, the EPA reserves 

the ability to amend 40 CFR part 272, 

subpart L, for the authorization of 

Hawaii’s program changes at a later 

date. 

J. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). This action authorizes state 

requirements for the purpose of RCRA 

section 3006 and imposes no additional 

requirements beyond those imposed by 

state law. Therefore, this action is not 

subject to review by OMB. I certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

pre-existing requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538). For the same reason, this action 

also does not significantly or uniquely 

affect the communities of tribal 

governments, as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action will not have 

substantial direct effects on the states, 

on the relationship between the 

National Government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes state requirements as part of 

a state RCRA hazardous waste program 

without altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This action is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA section 3006(b), the EPA 

grants a State’s application for 

authorization as long as the state meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for the EPA, when it reviews a state 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this authorization, the EPA has taken 

the necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

this action in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994), as amended by 

Executive Order 14008 (86 FR 7619, 

February 1, 2021), establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this action authorizes preexisting state rules that are at least 

equivalent to, and no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by state law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, this authorization is not subject 

to Executive Order 12898. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Intergovernmental 

relations, Penalties, Reporting and 

recordkeeping requirements. 

Dated: April 25, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–09430 Filed 5–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[GN Docket No. 13–111; FCC 21–82; FR ID 

84137] 

Promoting Technological Solutions To 

Combat Contraband Wireless Device 

Use in Correctional Facilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved the information collection 

requirements under OMB Control 

Number 3060–1299 associated with the 

Commission’s rules adopted in the 

Second Report and Order, FCC 21–82, 

governing the disabling of contraband 

wireless devices detected in correctional 

facilities upon satisfaction of certain 

criteria, and the advance notice of 

certain wireless provider network 

changes to promote and maintain 

contraband interdiction system 

effectiveness, and that compliance with 


lotter on DSK11XQN23PROD with RULES1
26140 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 

these rules is now required. This 

document is consistent with the Second 

Report and Order, which states that the 

Commission will publish a document in 

the Federal Register announcing the 

effective date for these revised rule 

sections and revise the rules 

accordingly. 

DATES: Instruction 3 amending 47 CFR 

20.23 by adding paragraphs (b) through 

(d), in the final rule published at 86 FR 

44635 on August 13, 2021, is effective 

May 3, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams, Office of the Managing 

Director, Federal Communications 

Commission, at (202) 418–2918 or 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that OMB 

approved the information collection 

requirements in 47 CFR 20.23 on 

February 3, 2022. This rule section was 

adopted in the Second Report and 

Order, FCC 21–82. The Commission 

publishes this document as an 

announcement of the immediate 

effective date for these revised rules. 

Synopsis 

As required by the Paperwork 

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

the Commission is notifying the public 

that it received final OMB approval on 

February 3, 2022, for the information 

collection requirements contained in 47 

CFR 20.23. 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 for 

the information collection requirements 

in 47 CFR 20.23 is 3060–1299. 

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: 3060–1299. 

OMB Approval Date: February 3, 

2022. 

OMB Expiration Date: February 28, 

2025. 

Title: Section 20.23(b)(1), (3)–(5), (7); 

(c)(1)–(2), (3), (3)(iii)–(iv), (4)(i)–(ii), (v); 

and (d), Contraband wireless devices in 

correctional facilities. 

Form Number: N/A. 

Respondents: Business or other forprofit entities, and state, local or tribal 

governments. 

Estimated Number of Respondents 

and Responses: 531 respondents and 

16,389 responses. 

Estimated Time per Response: 1 

hour–10 hours. 

Frequency of Response: One-time 

application and self-certification 

response, one-time DCFO authorization 

request response, on occasion qualifying 

request response, on occasion reversal 

response, recordkeeping requirement, 

third party notification requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for the currently approved 

information collection is contained in 

sections 1, 2, 4(i), 4(j), 301, 302, 303, 

307, 308, 309, 310, and 332 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 301, 302a, 303, 307, 308, 309, 

310, and 332. 

Estimated Total Annual Burden: 

142,568 hours. 

Total Annual Cost: No costs. 

Needs and Uses: On July 13, 2021, the 

Commission released a Second Report 

and Order and Second Further Notice of 

Proposed Rulemaking, Promoting 

Technological Solutions to Combat 

Contraband Wireless Devices in 

Correctional Facilities, GN Docket No. 

13–111, in which the Commission took 

further steps to facilitate the 

deployment and viability of 

technological solutions used to combat 

contraband wireless devices in 

correctional facilities. In the Second 

Report and Order, the Commission 

adopted a framework requiring the 

disabling of contraband wireless devices 

detected in correctional facilities upon 

satisfaction of certain criteria. The 

Commission further addressed issues 

involving oversight, wireless provider 

liability, and treatment of 911 calls. 

Finally, the Commission adopted rules 

requiring advance notice of certain 

wireless provider network changes to 

promote and maintain contraband 

interdiction system effectiveness. 

In establishing rules requiring 

wireless providers to disable contraband 

wireless devices in correctional 

facilities and adopting a framework to 

enable designated correctional facility 

officials (DCFOs) relying on an 

authorized Contraband Interdiction 

System (CIS) to submit qualifying 

requests to wireless providers to disable 

contraband wireless devices in 

qualifying correctional facilities, the 

Commission found that a rules-based 

process will provide a valuable 

additional tool for departments of 

corrections to address contraband 

wireless device use. The framework 

includes a two-phase authorization 

process: (1) CIS applicants will submit 

applications to the Wireless 

Telecommunications Bureau (Bureau) 

describing the legal and technical 

qualifications of the systems; and (2) 

CIS applicants will perform on-site 

testing of approved CISs at individual 

correctional facilities and file a selfcertification with the Commission. After 

both phases are complete, DCFOs will 

be authorized to submit qualifying 

requests to wireless providers to disable 

contraband devices using approved CISs 

at each correctional facility. In addition, 

the Commission adopted rules requiring 

wireless providers to notify certain 

types of CIS operators of major technical 

changes to ensure that CIS effectiveness 

is maintained. The Commission found 

that these rules will provide law 

enforcement with the tools necessary to 

disable contraband wireless devices, 

which, in turn, will help combat the 

serious threats posed by the illegal use 

of such devices. 

The new information collection in 47 

CFR 20.23(b)(1) regarding the 

application to obtain new CIS 

certification will be used by the Bureau 

to determine whether to certify a system 

and ensure that the systems are 

designed to support operational 

readiness and minimize the risk of 

disabling a non-contraband device, and 

ensure, to the greatest extent possible, 

that only devices that are in fact 

contraband will be identified for 

disabling. Bureau certification will also 

enable targeted industry review of 

solutions by allowing interested 

stakeholders to provide feedback on the 

application for certification, including 

the proposed test plan. 

The new collections in 47 CFR 

20.23(b)(3) include the requirement that 

the CIS operator must file with the 

Bureau a self-certification that complies 

with paragraph (b)(3)(ii) of section 

20.23, confirming that the testing at that 

specific correctional facility is complete 

and successful, and the CIS operator 

must serve notice of the testing on all 

relevant wireless providers prior to 

testing and provide such wireless 

providers a reasonable opportunity to 

participate in the tests. Self-certification 

will help the Bureau to ensure that 

qualifying requests identify contraband 

wireless devices accurately and in 

accordance with legal requirements. In 

addition to being used by the Bureau, 

the self-certification will be relied upon 

by the DCFO in conjunction with 

qualifying requests for disabling at a 

particular correctional facility. The 

serving of notice to the wireless 

providers will give them awareness and 

an opportunity to participate in the 

process. 


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Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 26141 

The new information collections in 47 

CFR 20.23(b)(4) afford wireless 

providers an opportunity to object to the 

certification filing made after individual 

site-testing is complete, while requiring 

objections to be served on the DCFO and 

the CIS operator. Section 20.23(b)(5) 

requires that CIS operators retest and 

recertify their systems at least every 

three years and comply with the same 

requirements as for initial selfcertification. This requirement will 

enable the Bureau to ensure the ongoing 

accuracy and reliability of a given CIS 

at a particular facility. Section 

20.23(b)(7) requires that a CIS operator 

retain records for at least five years and 

provide them upon request to the 

Bureau, which will support the Bureau’s 

efforts to identify issues with CIS 

operations, resolve interference issues, 

and resolve complaints related to 

misidentification of contraband devices. 

The new collections in 47 CFR 

20.23(c)(1)–(2) include the requirement 

that individuals that seek to be 

recognized on the Commission’s DCFO 

list must send a letter to the Contraband 

Ombudsperson in order for the 

Commission to approve that person for 

the qualified DCFO list and provide 

certainty to wireless providers that 

disabling requests are made by duly 

authorized individuals. Qualifying 

requests that include the required 

information will be used by wireless 

carriers to prevent use of contraband 

devices on their network and on other 

wireless provider networks. 

The new collections in 47 CFR 

20.23(c)(3) and (c)(3)(iii)–(iv) provide 

that, upon receiving a disabling request 

from a DCFO, the wireless provider 

must verify the request, may conduct 

customer outreach, either reject or grant 

the request and must notify the DCFO 

whether it is accepting or rejecting the 

request. This process ensures that a 

wireless provider responds to a DCFO 

within a reasonable timeframe—while 

giving the provider an opportunity to 

determine if there is an error—and to 

give the DCFO time to respond quickly 

if the request has been rejected. The 

wireless provider may contact the 

customer of record to notify them of the 

disabling and involve them in the 

process. 

The new collections in 47 CFR 

20.23(c)(4) provide that a wireless 

provider may reverse a disabled device 

where it determines that the device was 

erroneously identified as contraband, 

and the wireless provider must notify 

the DCFO of the reversal. The wireless 

provider may choose to involve the 

DCFO in the review and reversal 

process. The DCFO must also provide 

notice to the Contraband Ombudsperson 

of the number of erroneously disabled 

devices. This process ensures the 

integrity of the contraband device 

disabling process by giving the wireless 

provider the opportunity to reverse a 

disabled device—with the ability to 

extend review to the DCFO—and by 

creating safeguards to make sure that the 

process is efficient and reliable. 

The new collections in 47 CFR 

20.23(d) regarding notification from 

CMRS licensees to MAS operators of 

technical changes to their network are 

required so that MAS operators are 

given sufficient time to make necessary 

adjustments to maintain the 

effectiveness of their interdiction 

systems. In order to ensure that issues 

regarding notification to solutions 

providers of more frequent, localized 

wireless provider network changes are 

appropriately considered, CMRS 

licensees and MAS operators must 

negotiate in good faith to reach an 

agreement for notification for those 

types of network adjustments not 

covered by the notice requirement. 

CMRS licensees must provide notice of 

technical changes associated with an 

emergency immediately after the 

exigency to ensure that MAS operators 

continue to be notified of network 

changes that could impact MAS 

effectiveness. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2022–09203 Filed 5–2–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2022–0021; 

FF09E22000 FXES1113090FEDR 223] 

RIN 1018–BG60 

Endangered and Threatened Wildlife 

and Plants; Removing Siderastrea 

glynni From the 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), in 

accordance with the Endangered 

Species Act of 1973, as amended (Act), 

are amending the List of Endangered 

and Threatened Wildlife (List) by 

removing the coral Siderastrea glynni. 

This amendment is based on a 

previously published determination by 

the National Marine Fisheries Service 

(NMFS) of the National Oceanic and 

Atmospheric Administration, 

Department of Commerce, which has 

jurisdiction for this species. 

DATES: This rule is effective May 3, 

2022. 

Applicability date: The delisting of S. 

glynni was effective January 31, 2022. 

ADDRESSES: This rule and the NMFS 

proposed and final rules may be found 

online at https://www.regulations.gov in 

Docket No. FWS–HQ–ES–2022–0021. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Maclin, Chief, Branch of 

Delisting and Foreign Species, U.S. Fish 

and Wildlife Service, MS: ES, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803; 703–358–2646. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the Act (16 U.S.C. 

1531 et seq.) and Reorganization Plan 

No. 4 of 1970 (35 FR 15627; October 6, 

1970), NMFS has jurisdiction over the 

marine taxon specified in this rule. 

Under section 4(a)(2) of the Act, NMFS 

must decide whether a species under its 

jurisdiction should be classified as an 

endangered or threatened species. 

Under section 4(a)(2)(B) of the Act, if 

NMFS determines that a species should 

be removed from the List (delisted), or 

that a species’ status should be changed 

from an endangered to a threatened 

species, then NMFS is required to 

recommend the status change to the 

Service. NMFS makes these 

determinations via its rulemaking 

process. If the Service concurs with the 

recommended status change, then the 

Service will implement the status 

change by publishing a final rule to 

amend the List in title 50 of the Code 

of Federal Regulations (CFR) at 50 CFR 

17.11(h). 

On May 4, 2021, NMFS published a 

proposed rule (86 FR 23657) to remove 

S. glynni from the Federal List of 

Endangered and Threatened Wildlife. 

NMFS solicited public comments on the 

proposed rule through July 6, 2021. On 

December 30, 2021, NMFS published a 

final rule (86 FR 74378) to remove S. 

glynni from the Federal List of 

Endangered and Threatened Wildlife. 

The delisting of S. glynni was 

effective January 31, 2022. In the 

December 30, 2021, final rule (86 FR 

74378), NMFS addressed all public 

comments received in response to the 

proposed rule. By publishing this final 

rule, we are simply taking the necessary 

administrative step to codify these 

changes in the List at 50 CFR 17.11(h). 


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