31970 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Proposed Rules 

interest. These determinations are 

matters of agency discretion. 

§ 2502.20 Applicability. 

(a) This part is applicable to all former 

and current AmeriCorps employees, 

including special Government 

employees. 

(b) This part does not apply to 

volunteers, service members, 

contractors, or any other individuals 

who may be affiliated with AmeriCorps, 

but not employed by the agency. 

§ 2502.30 Definitions. 

AmeriCorps means the Corporation 

for National and Community Service. 

AmeriCorps employee means a 

current or former employee of the 

Corporation for National and 

Community Service, regardless of 

whether the individual was an 

employee before the Corporation for 

National and Community Service began 

operating under the name AmeriCorps. 

CEO means the AmeriCorps Chief 

Executive Officer or their designee. 

Covered claim means a claim seeking 

damages against an employee personally 

(or against their estate) for personal 

injury, death, or loss of property, 

resulting from the employee’s activities, 

when AmeriCorps determines both that 

the actions arose within the scope of 

their office or employment but are not 

covered by the Federal Tort Claims Act 

(FTCA) or the Federal Employee 

Liability Reform and Tort Compensation 

Act (FELRTCA). 

General Counsel means the 

AmeriCorps General Counsel or their 

designee. 

§ 2502.40 Under what circumstances may 

AmeriCorps indemnify employees? 

AmeriCorps may, at its sole 

discretion, indemnify an AmeriCorps 

employee for a verdict, judgment, or 

other monetary award rendered against 

the employee personally in a claim or 

may settle or compromise a personal 

damages claim against an AmeriCorps 

employee if: 

(a) The CEO determines that the 

AmeriCorps employee’s conduct giving 

rise to the verdict, judgment, monetary 

award, or claim was taken within the 

scope of their employment; 

(b) The CEO determines that the 

indemnification or settlement is in 

AmeriCorps’ best interest; and 

(c) AmeriCorps appropriated funds 

are available for the indemnification or 

settlement. 

§ 2502.50 At what point in a legal 

proceeding will AmeriCorps consider a 

request to indemnify the employee? 

(a) AmeriCorps may settle or 

compromise a claim against an 

AmeriCorps employee at any time. 

(b) Unless there are exceptional 

circumstances, as determined by the 

CEO, AmeriCorps will not consider a 

request to indemnify a claim before 

entry of an adverse verdict, judgment, or 

award. 

§ 2502.60 What types of legal proceedings 

may an AmeriCorps employee seek 

indemnification or settlement for? 

An AmeriCorps employee may seek 

indemnification or settlement in any 

civil action or proceeding brought, in 

any court, for a covered claim. 

§ 2502.70 What must an AmeriCorps 

employee do if served with process or 

pleadings that includes a covered claim? 

An AmeriCorps employee who is 

named as a defendant (or the personal 

representative of the AmeriCorps 

employee’s estate) in a legal proceeding 

that includes a covered claim and who 

wishes to seek indemnification must 

promptly notify their supervisor, who 

then promptly notifies the Office of 

General Counsel. Former employees 

must directly notify the Office of 

General Counsel. 

§ 2502.80 What may the General Counsel 

do upon receipt of the process and 

pleadings and report of circumstances? 

Where appropriate, the General 

Counsel may request that the 

Department of Justice provide legal 

representation for the AmeriCorps 

employee. 

§ 2502.90 How may an AmeriCorps 

employee request indemnification? 

To request indemnification for a 

verdict, judgment, award, or settlement 

proposal of a covered claim, the 

AmeriCorps employee must: 

(a) Have complied with the 

requirements of § 2502.70. 

(b) Submit a written request, via their 

supervisor, to the head of the 

employee’s office, or (in the case a 

former employee) directly to the Office 

of General Counsel. The written request 

must include appropriate 

documentation, including copies of the 

verdict, judgment, award, or settlement 

proposal. 

§ 2502.100 How will AmeriCorps handle 

the request for indemnification? 

(a) The head of the office or their 

designee will review the employee’s 

request and submit all of the following 

to the General Counsel: 

(1) The original or a copy of the 

employee’s request. 

(2) A recommendation to approve or 

deny the request. 

(3) A detailed analysis of the basis for 

a recommendation. 

(4) A certification from the Chief 

Financial Officer as to whether the 

agency has funds available to pay the 

indemnification. 

(b) The General Counsel will: 

(1) Review the circumstances of the 

incident that gaverise to the action or 

proceeding, and all data relevant to the 

question of whether the employee was 

acting within the scope of their 

employment. 

(2) Where appropriate, seek the views 

of the U.S. Department of Justice and/ 

or the U.S. Attorney for the district 

encompassing the location where the 

action or proceeding is brought. 

(3) Prepare a recommendation to 

approve or deny the request. 

(4) Forward the request, the 

accompanying documentation, and the 

General Counsel’s recommendation to 

the CEO for a decision. 

Dated: May 20, 2022. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2022–11288 Filed 5–25–22; 8:45 am] 

BILLING CODE 6050–28–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 22–540; MB Docket No. 22–188; RM– 

11928; FR ID 88420] 

Radio Broadcasting Services; Big 

Coppitt Key, Florida 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a Petition for Rule Making 

filed by Spottswood Partners II, Ltd, 

proposing to amend the FM Table of 

Allotments, by allotting Channel 265C3 

to Big Coppitt Key, Florida, as the first 

local service. A staff engineering 

analysis indicates that Channel 265C3 

can be allotted to Big Coppitt Key, 

Florida, consistent with the minimum 

distance separation requirements of the 

Commission’s rules (Rules), with a site 

restriction of 14.5 km (9.0 miles) 

northeast of the community. The 

reference coordinates are 24–39–34 NL 

and 81–32–17 WL. 

DATES: Comments must be filed on or 

before July 11, 2022, and reply 

comments on or before July 26, 2022. 

ADDRESSES: Secretary, Federal 

Communications Commission, 45 L 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Proposed Rules 31971 

Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

counsel to petitioner as follows: 

Stephen Hartzell, Patrick Cross, and 

Micole Little, Esq., BROOKS, PIERCE, 

McLENDON, HUMPHREY & LEONARD, 

L.L.P., Wells Fargo Capitol Center, Suite 

1700, Raleigh, North Carolina 27602. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Federal 

Communications Commission’s 

(Commission) Notice of Proposed Rule 

Making, MB Docket No. 22–188, 

adopted May 17, 2022, and released 

May 18, 2022. The full text of this 

Commission decision is available online 

at https://apps.fcc.gov/ecfs/. This 

document does not contain proposed 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed 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). 

Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. Members of the public 

should note that from the time a notice 

of proposed rulemaking is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.202(b), amend the Table of 

FM Allotments under Florida by adding 

in alphabetical order an entry for ‘‘Big 

Coppitt Key’’ to read as follows: 

§ 73.202 Table of Allotments. 

* * * * * 

(b) * * * 

TABLE 1 TO PARAGRAPH (b) 

[U.S. States] 

Channel No. 

* * * * * 

Florida 

Big Coppitt Key ......................... 265C3 

* * * * * 

[FR Doc. 2022–11370 Filed 5–25–22; 8:45 am] 

BILLING CODE 6712–01–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS