31464 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules 

2 In deciding whether to invoke the exception by 

making and publishing a finding that a final action 

on these designations is based on a determination 

of nationwide scope or effect, the Administrator 

will also take into account a number of policy 

considerations, including his judgment balancing 

the benefit of obtaining the D.C. Circuit’s 

authoritative centralized review versus allowing 

development of the issue in other contexts and the 

best use of Agency resources. 

3 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. Further, the EPA’s intended 

action is in response to a remand from the D.C. 

Circuit. As is the case with the EPA’s intended 

action on these two designations, challenges to the 

EPA’s original action were heard in the D.C. Circuit 

because the action was nationally applicable and, 

in the alternative, the EPA made and published a 

finding that the action was based on a 

determination of nationwide scope or effect. 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that the final action (to the 

extent a court finds the action to be 

locally or regionally applicable) is based 

on a determination of ‘‘nationwide 

scope or effect’’ within the meaning of 

CAA section 307(b)(1).2 If EPA finalizes 

this action, it will designate two areas 

for the 2015 ozone NAAQS, located in 

two non-adjacent states, in two different 

EPA regions, and in two different 

federal judicial circuits, that were 

remanded to EPA by the D.C. Circuit 

Court of Appeals.3 It would apply a 

uniform, nationwide analytical method 

and interpretation of CAA section 

107(d)(1) to these areas across the 

country in a single final action, and the 

final action would be based on this 

common core of determinations. More 

specifically, for example, the final 

action would be based on a 

determination by the EPA to evaluate 

areas nationwide under a common five 

factor analysis in determining whether 

areas were in violation of or 

contributing to an area in violation of 

the 2015 Ozone NAAQS at the time of 

the April 2018 designations final action. 

Panagiotis Tsirigotis, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 2021–11456 Filed 6–11–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter 1 

[WC Docket No. 18–89; DA 21–607; FR ID 

31200] 

Wireline Competition Bureau Seeks 

Comment on Secure and Trusted 

Communications Networks 

Reimbursement Program Application 

Filings and Process 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: In this document, the 

Wireline Competition Bureau (Bureau) 

seeks comment on the proposed 

application filing process for the $1.9 

billion Secure and Trusted 

Communications Networks 

Reimbursement Program 

(Reimbursement Program). The Bureau 

also seeks comment on proposed 

information fields to be collected on 

forms eligible providers of advanced 

communications services will be 

required to submit to request funding 

allocations and disbursements from the 

Reimbursement Program. 

DATES: Comments due by June 23, 2021. 

ADDRESSES: Pursuant to §§ 1.415 and 

1.419 of the Commission’s rules, 

interested parties may submit 

comments, identified by WC Docket No. 

20–89, and must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission by any of the following 

methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings at its headquarters. 

This is a temporary measure taken to 

help protect the health and safety of 

individuals, and to mitigate the 

transmission of COVID–19. See FCC 

Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020), 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

• People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Koves, Wireline 

Competition Bureau, 202–418–7400 or 

by emailing supplychain@fcc.gov. The 

Commission ask that requests for 

accommodations be made as soon as 

possible in order to allow the agency to 

satisfy such requests whenever possible. 

Send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. For 

additional information on this matter, 

please email supplychain@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s document 

(Public Notice), in WC Docket No. 18– 

89; DA 21–607, released May 24, 2021. 

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://www.fcc.gov/document/ 

wcb-seeks-comment-supply-chainreimbursement-program-procedures. 

I. Introduction 

1. By the Public Notice, the Wireline 

Competition Bureau (Bureau) provides 

additional details and seeks comments 

on the proposed application filing 

process for the Reimbursement Program. 

The Bureau also seeks comments on 

proposed information fields to be 

collected on forms eligible providers of 

advanced communications services will 

be required to submit to request funding 

allocations and disbursements from the 

Reimbursement Program. 

II. Discussion 

2. FCC Form 5640—Application 

Request for Funding Allocation and 

Reimbursement Claim Requests. The 

Commission describes the proposed 

approach to process and review 

application requests for funding 

allocations submitted by applicants and 

reimbursement claim requests 

submitted by participants. The 

Commission proposes to issue 


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Reimbursement Program funding 

allocations to eligible providers based 

on the estimated costs identified in their 

application for the removal, 

replacement, and disposal of eligible 

covered communications equipment 

and services. The Commission also 

proposes to periodically release public 

notices announcing grants of funding 

allocations. As provided by the 

Commission’s rules, once an allocation 

is granted recipients can then request 

and receive funding disbursements by 

filing a Reimbursement Claim Request 

showing actual expenses incurred. 

Further, per the Commission’s rules, 

Reimbursement Program recipients 

must file an initial Reimbursement 

Claim Request within one year after the 

grant of a funding allocation. Recipients 

also have one year from the first 

disbursement of funds to complete the 

permanent removal, replacement, and 

disposal of covered communications 

equipment or services. While there are 

additional filings associated with the 

Reimbursement Program, for example, 

status updates, spending reports, 

extension requests, and a final 

certification of project completion, the 

Public Notice focuses on the 

Application Request for Funding 

Allocation and the Reimbursement 

Claim Request. After reviewing the 

comments received in response to the 

Public Notice, the Commission will 

release a final public notice announcing 

the filing requirements and the 

information to be reported in these 

filings. 

3. Application Request for Funding 

Allocation. The Bureau is developing an 

online portal through which applicants 

and recipients would electronically 

submit all filings related to the 

Reimbursement Program, including the 

Application Request for Funding 

Allocation. The Bureau also proposes to 

utilize a version of the previously 

developed Reimbursement Fund 

Administration System (RFAS) to 

process requests and coordinate 

interactions between program 

participants, the Fund Administrator 

(Ernst & Young LLP), and the Bureau. 

Attached to the Public Notice as 

Appendix A are the information fields 

the Bureau proposes to collect from 

providers seeking a funding allocation 

from the Reimbursement Program 

through an Application Request for 

Funding Allocation including 

identifying information, program 

eligibility information, allocation 

information, and program analysis 

information. The Commission seeks 

comments on these information fields 

and ask whether any of this information 

should not be required. Are there 

additional information fields applicants 

should be required to provide? 

4. As required by the Secure Networks 

Act and the Commission’s rules, the 

Application Request for Funding 

Allocation requires applicants to submit 

an initial estimate of costs reasonably 

incurred for the permanent removal, 

replacement, and disposal of covered 

communications equipment or services. 

While the Commission prefers that 

applicants submit estimates based on 

detailed engineering analysis and 

vendor quotes, applicants may, per the 

Commission’s rules, rely upon the 

predetermined estimated costs 

identified in the final Catalog made 

available by the Bureau. The Bureau 

plans to subsequently announce the 

adoption of the final Catalog in a 

forthcoming public notice. The final 

Catalog will contain a list of many, but 

not necessarily all, of the relevant 

expenses. 

5. For purposes of reviewing initial 

estimated costs, the Commission 

proposes to base its evaluation on the 

average between the minimum and 

maximum costs listed in the cost 

estimate range for a particular itemized 

expense listed in the Catalog, rather 

than allowing applicants to choose any 

amount within the cost estimate range. 

The Commission believes allowing 

applicants to select a cost within the 

range would inevitably lead to the 

selection of the maximum amount in the 

range and could result in a substantial 

overestimation of costs upon which 

allocations are based, to the detriment of 

the Reimbursement Program and other 

participants. By using the average cost 

estimate, the Commission can mitigate 

this concern as well as reduce the 

administrative burden on applicants. 

However, if an applicant finds a Catalog 

cost estimate average does not fully 

account for its costs or a cost category 

is not identified in the Catalog, the 

applicant, in accordance with the 

Commission’s rules, can instead provide 

its own individualized cost estimate. 

Applicants providing individualized 

cost estimates would be required to 

submit additional supporting 

documentation (e.g., vendor quotes) and 

certify the cost estimate is made in good 

faith, as required by the Commission’s 

rules. The Commission proposed 

approach to use the average cost 

estimate from the Catalog balances the 

Commission’s goals of protecting against 

waste, fraud, and abuse while 

facilitating the production of estimates 

of costs reasonably incurred by 

applicants. The Commission seeks 

comments on these proposals. 

6. The Commission further proposes 

requiring applicants to identify in their 

application for each location site: (1) 

Where covered communications 

equipment or services are located (e.g., 

address, longitude and latitude, etc.) 

and documentation supporting the 

acquisition/existence of such covered 

equipment or services; and (2) the 

itemized cost estimates, taken from the 

Catalog where applicable, that are 

associated with the removal, 

replacement, and disposal of covered 

equipment or services at each site. The 

Commission also proposes allowing 

applicants to report in their applications 

non-site specific cost estimates, that is, 

network-wide costs that apply to several 

site locations such as disposal costs or 

software upgrades. To facilitate 

application preparation and ease the 

filing burden on applicants, the 

Commission will evaluate the use of 

batch uploads to allow applicants to 

provide and generate site-specific 

information in the application. The 

Commission seeks comments on these 

proposals. 

7. Applicants are required to provide 

certifications pursuant to section 4(d)(4) 

of the Secure Networks Act and 

§ 1.50004(c) of the Commission’s rules, 

47 CFR 1.50004(c), and a plan and 

specific timeline for the removal, 

replacement, and disposal of the 

covered communications equipment or 

services. Applicants are also required by 

the Commission’s rules to certify in 

good faith that: ‘‘(A) it will reasonably 

incur the estimated costs claimed as 

eligible for reimbursement; (B) it will 

use all money received from the 

Reimbursement Program only for 

expenses eligible for reimbursement; (C) 

it will comply with all policies and 

procedures relating to allocations, draw 

downs, payments, obligations, and 

expenditures of money from the 

Reimbursement Program; (D) it will 

maintain detailed records, including 

receipts, of all costs eligible for 

reimbursement actually incurred for a 

period of 10 years; and (E) it will file all 

required documentation for its 

expenses.’’ 

8. The Commission proposes to 

require applicants to obtain or utilize an 

FCC Registration Number (FRN) issued 

by the Commission Registration System 

(CORES) to access the online filing 

portal to file a Reimbursement Program 

application. An FRN is an identifying 

number that is assigned to entities doing 

business with the Commission. The 

Commission also proposes to require 

applicants to register with the System 

for Award Management (SAM) and 

provide the SAM Commercial and 

Government Entity (CAGE) Code in 


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their applications. SAM is a 

government-wide application that 

collects, validates, stores, and 

disseminates business information 

about the federal government’s 

contracting partners in support of 

federal awards, grants, and electronic 

payment processes. Registration in the 

SAM provides the Commission with an 

authoritative source for information 

necessary to provide funding to 

applicants and to ensure accurate 

reporting pursuant to the Digital 

Accountability and Transparency 

(DATA) Act. The Commission also 

proposes to require applicants to 

provide in their application a Data 

Universal Numbering System (DUNS) 

number or where applicable, the 

DUNS+4 number, which provides 

banking information to assist the 

Commission in the electronic payment 

of funds to program recipients. The 

Commission seeks comment on these 

proposals. 

9. Filing Window. Per § 1.50004(b) of 

the Commission’s rules, 47 CFR 

1.50004(b), the Bureau ‘‘shall announce 

the opening of an initial application 

filing window for eligible providers 

seeking to participate in the 

Reimbursement Program.’’ The Bureau 

is required to ‘‘treat all eligible 

providers filing an application within 

any filing window as if their 

applications were simultaneously 

received’’ and ‘‘[f]unding requests 

submitted outside of a filing window 

will not be accepted.’’ Thus, 

applications submitted after the filing 

window closes are considered untimely 

and will not be accepted. Once the filing 

window opens, the Commission 

proposes to allow applicants consisting 

of multiple subsidiaries or affiliates to 

choose to file at either the holding 

company-level or by individual 

subsidiary or affiliate. While the filing 

window remains open, applicants will 

be able to initiate, save, submit, and 

make changes to submitted applications 

until the filing window closes. The 

Commission seeks comments on these 

proposals. 

10. Reviewing Applications PostFiling Window Closure. Consistent with 

the Secure Networks Act the 

Commission’s rules require the Bureau 

to approve or deny ‘‘applications to 

receive a funding allocation . . . within 

90 days after the close of the applicable 

filing window.’’ The Commission 

proposes that during this 90-day period, 

the Fund Administrator will review 

each application to assess whether the 

application is complete, the applicant is 

eligible for the Reimbursement Program, 

and the reasonableness of the cost 

estimates provided by the applicant. 

The Commission proposes requiring the 

Fund Administrator to identify 

potentially duplicate and otherwise 

erroneously filed applications and to 

advise the Bureau on its findings. After 

considering the Fund Administrator’s 

initial findings, the Commission 

proposes having the Bureau next issue 

a public notice announcing those 

applications initially found eligible and 

accepted for filing, and those deemed 

materially deficient. Initial findings that 

an application is eligible and accepted 

for filing would provide no guarantee 

that the applicant will ultimately be 

determined eligible by the Bureau or 

will receive a funding allocation or 

disbursement. Pursuant to the 

Commission’s rules, applicants that 

submitted applications initially deemed 

materially deficient would then have 15 

days to cure their defects before their 

application is denied. The Commission 

proposes beginning the 15-day cure 

period the day after the Bureau releases 

a public notice announcing applications 

as acceptable for filing. The Commission 

seeks comments on these proposals. 

11. The Commission also proposes 

having the Fund Administrator evaluate 

the gross cost estimate demand 

contained in all applications found 

acceptable for filing to assist the Bureau 

in determining whether estimated 

demand exceeds available funding. If 

estimated demand exceeds available 

funding, the Commission directed the 

Bureau to prioritize funding and 

application processing in accordance 

with the Commission’s rules. The 

Commission anticipates that the Fund 

Administrator’s initial application 

evaluation will not involve an in-depth 

review of the reported cost estimates in 

order to more quickly determine the 

gross demand figure. The Commission 

comments on this approach. 

12. Per the Commission’s rules, the 

90-day application review period 

commences after the close of the 

applicable filing window. The 

Commission will also have the Fund 

Administrator advise the Bureau on 

whether, based on the number of 

applications filed during the filing 

window, to extend the 90-day deadline 

for granting or denying applications, 

and seek comment on this approach. 

13. Funding Allocation. The Bureau 

proposes to periodically release public 

notices announcing recipients selected 

for funding allocations and the amount 

of their funding allocation. The 

Commission proposes treating this 

public notice as official Bureau approval 

of a Reimbursement Program 

application. The Commission also 

proposes to notify recipients directly of 

their funding allocations by email. The 

Commission seeks comments on these 

proposals. 

14. As directed by the Commission in 

the Second Report and Order, 86 FR 

2904 (Jan. 13, 2021), ‘‘the funding 

amount allocated represents the 

maximum amount eligible for draw 

down by an eligible provider unless a 

subsequent funding allocation is made.’’ 

Accordingly, once the Bureau makes a 

funding allocation determination, the 

Bureau will not adjust the funding 

allocation amount even if there is a 

change in the participant’s plans or if 

actual costs exceed estimated costs. To 

the extent a participant requires 

additional funding in excess of its 

allocated amount, the participant would 

need to file a new application if an 

additional filing window is announced. 

15. Reimbursement Claim Request. 

The Commission outlines its proposed 

approach to process recipients’ requests 

for reimbursement. Following the 

approval and issuance of a funding 

allocation, a recipient may, as provided 

by the Commission’s rules, file a 

Reimbursement Claim Request for the 

draw down disbursement of funds from 

the recipient’s funding allocation. 

Pursuant to the Commission’s rules, a 

recipient must file an initial 

Reimbursement Claim Request within 

one year following the approval by the 

Bureau of a funding allocation. The 

Bureau proposes to collect the 

information reflected in Appendix B of 

the Public Notice from recipients filing 

a Reimbursement Claim Request 

including identifying information, 

program eligibility information, 

allocation information, and program 

analysis information. The Commission 

seeks comments on the information 

fields included in the proposed 

Reimbursement Claim Request. Is this 

sufficient information for applicants to 

provide? Are there additional 

information fields the Commission 

should include? 

16. Pursuant to the Commission’s 

rules, the recipient must show in the 

Reimbursement Claim Request ‘‘actual 

expenses reasonably incurred for the 

removal, replacement, and disposal of 

covered communications equipment or 

service.’’ Consistent with the Second 

Report and Order, 86 FR 2904 (Jan. 13, 

2021), the Commission proposes 

requiring recipients’ Reimbursement 

Claim Requests to include supporting 

documentation including invoices and 

other cost documentation to obtain 

reimbursement funds from their 

allocation. The Commission proposes 

allowing recipients to submit multiple 

Reimbursement Claim Requests as they 

incur expenses throughout the 

reimbursement period. The Commission 


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directed the Bureau to ‘‘review 

reimbursement claims to ensure that 

disbursements are made only for costs 

reasonably incurred.’’ The Commission 

proposes having the Bureau, with the 

assistance of the Fund Administrator, 

review and grant or deny 

Reimbursement Claim Requests for 

actual costs reasonably incurred and 

seeks comments on this approach. 

17. The Commission proposes to have 

the online filing system carry forward 

the itemized initial cost estimates 

identified by the applicant in its 

Application Request for Funding 

Allocation, and that recipients be 

required to link actual costs incurred 

and the supporting invoice 

documentation to these itemized initial 

cost estimates. Recipients will be 

required to submit invoices through the 

online portal as attachments to a 

recipient’s Reimbursement Claim 

Request. With each invoice uploaded, 

the Commission proposes requiring the 

recipient to provide specific details 

related to the invoice (vendor name, 

date issued, description of contents, 

etc.) to assist reviewers in linking 

invoices to specific itemized cost 

estimates. Also, while not required at 

the funding allocation stage for those 

relying on the Catalog, the Commission 

proposes requiring recipients seeking 

disbursements to provide vendor and 

supplier quotes with the 

Reimbursement Claim Request. The 

Fund Administrator will review the 

quote and the associated invoice to 

evaluate the reasonableness of the 

reimbursement claim. The Commission 

anticipates that this will ensure 

Reimbursement Program funding is 

spent as intended and avoid 

reimbursement for duplicative costs. 

The Commission seeks comments on 

these proposals. 

18. Pursuant to the Commission’s 

rules, recipients are required to file all 

Reimbursement Claim Requests no later 

than 120 days following the expiration 

of the one-year removal, replacement, 

and disposal term. Prior to the 

expiration of the 120-day deadline, 

recipients are permitted to request and 

will receive an automatic 120-day 

extension. Further, as required by the 

Commission’s rules, after the expiration 

of the deadline, any allocated but 

unclaimed funds will revert 

automatically to the Reimbursement 

Program for reallocation to other 

participants pursuant to a future filing 

window. If a petition for an extension of 

the removal, replacement, and disposal 

term is pending when the term expires, 

then the Commission proposes staying 

the automatic reversion of the 

unallocated funds until the Commission 

acts on the extension request. The 

Commission seeks comments on this 

approach. 

19. Amendments, Modifications, and 

Administrative Updates. Because a 

provider’s circumstances and plans may 

change over the course of the program, 

the Commission proposes to allow 

participants to amend, modify, and/or 

file administrative updates. The 

Commission proposes to subject 

amendment and modification requests 

to review by the Fund Administrator 

and action by the Bureau. The 

Commission proposes to deny, as a 

general matter, amendment requests to 

an Application Request for Funding 

Allocation that would result in an 

increase to the total cost estimate. 

Denying amendment requests that 

would increase the total cost estimate 

would ensure that fluctuating cost 

estimates during the funding allocation 

review process do not negatively impact 

the Commission’s ability to assess 

overall demand versus available 

funding. The Commission seeks 

comments on these proposals. 

20. Following the grant of an 

Application Request for Funding 

Allocation, the Commission proposes to 

allow recipients to submit modification 

filings to change itemized expenses and 

locations identified on their filings. 

While such modifications may in fact 

change the cost of the project, as 

directed by the Commission in the 

Second Report and Order, 86 FR 2904 

(Jan. 13, 2021), the Commission will not 

alter the funding allocation issued. The 

Commission also proposes allowing 

participants to file administrative 

updates for routine, non-material 

changes to filings such as changes to the 

applicant’s contact information (e.g., 

address, phone number, and contact 

name). The Commission proposes 

enabling the online filing system to 

automatically grant administrative 

updates once filed. The Commission 

seeks comments on these proposals. 

21. Notification of Changes in 

Ownership. Because the Reimbursement 

Program will be administered over 

multiple years, the Commission 

proposes adapting the online filing 

system to account for the possibility that 

changes in ownership due to mergers 

and acquisitions may change the 

identity of a recipient for which an 

allocation was issued and for which 

disbursement claims are needed and 

seek comment on this approach. The 

Commission does not propose requiring 

a prior approval process for such 

ownership changes for purposes of the 

Reimbursement Program. Instead, the 

Commission will institute a streamlined 

process whereby, post-consummation, a 

notification would be filed by the 

recipient of record, that is signed by 

both parties to the transaction, and that 

includes an attachment explaining the 

ownership changes. The Bureau, with 

the assistance of the Fund 

Administrator, could then determine 

how best to reflect these changes in the 

filing system to avoid problems 

associated with determining what 

allocation remains unclaimed and how 

to handle transactions involving the 

acquisition of discreet network 

components. The Commission seeks 

comments on these proposals. 

22. Public Search Portal and 

Confidentiality. Consistent with its 

rules, the Commission will make 

publicly available, through an online 

search portal, general and summary 

information submitted by 

Reimbursement Program participants. 

As contemplated by the Second Report 

and Order, 86 FR 2904 (Jan. 13, 2021), 

however, the Commission will consider 

presumptively confidential all detailed 

accounting information about the 

covered communications equipment or 

services removed, replaced, and 

disposed, and the replacement 

equipment or services purchased, 

rented, leased, or otherwise obtained 

using Reimbursement Program funds, 

and the Commission plans to withhold 

such disaggregated information from 

routine public inspection. The 

Commission will also treat as 

presumptively confidential and 

withhold from public inspection 

information such as ‘‘location of the 

equipment and services; removal or 

replacement plans that include sensitive 

information; the specific type of 

equipment and service; and any other 

provider specific information.’’ The 

Commission found that ‘‘this 

information would likely qualify as 

trade secrets under the [Freedom of 

Information Act].’’ 

23. The Commission likewise 

proposes to treat as presumptively 

confidential and withhold from public 

inspection vendor price quotes 

submitted with the Application Request 

for Funding Allocation and invoices 

submitted with the Reimbursement 

Claim Requests, including itemized 

information on expenses actually 

incurred. The Commission also 

proposes to treat as presumptively 

confidential and withhold from public 

inspection the specific timeline for the 

permanent removal, replacement, and 

disposal of covered communications 

equipment and services. The 

Commission proposes allowing filers to 

upload attachments to the online portal 

and categorize whether the attachment 

is confidential or public. The 


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Commission proposes to withhold from 

routine public inspection, subject to the 

Commission’s rules, attachments 

designated as ‘‘confidential.’’ The 

Commission seeks comments on these 

proposals. 

24. In addition to the approach 

proposed above, the Commission seeks 

comments on the extent to which the 

Bureau should treat additional 

information fields on the Application 

Request for Funding Allocation in 

Appendix A and the Reimbursement 

Claim Request in Appendix B as 

presumptively confidential and not 

subject to public disclosure. If so, the 

Commission invites parties to specify 

which information fields should be 

deemed presumptively confidential and 

the legal basis for the presumption. 

25. Treasury Offset. The U.S. 

Department of the Treasury (Treasury) 

has a number of collection tools, 

including the Treasury Offset Program 

(TOP), whereby it collects delinquent 

debts owed to federal agencies and 

states by individuals and entities, by 

offsetting those debts against federal 

monies owed to the debtors. 

Reimbursement Program participants 

owing past-due debt to a federal agency 

or a state may have all or part of their 

disbursement payments offset by 

Treasury to satisfy such debt. Prior to 

referral of its debt to Treasury, an entity 

is notified of the debt owed, including 

repayment instructions. If the referred 

debt of a Reimbursement Program 

participant remains outstanding at the 

time of a disbursement payment from 

the Reimbursement Program to that 

participant, the participant will be 

notified by Treasury that some or all of 

its payment has been offset to satisfy an 

outstanding federal or state debt. 

Program participants that owe past due 

federal or state debts that have been 

referred to Treasury are encouraged to 

resolve such debts prior to submitting 

their Application Request for Funding 

Allocation. The Bureau lacks discretion 

to deviate from the requirements of the 

TOP. 

26. Red Light Rule. The Commission 

proposes to waive the Commission’s 

‘‘red light’’ rule with respect to 

applications filed in the Reimbursement 

Program and seek comment on this 

approach. As part of the collection and 

disbursement rules associated with the 

Debt Collection Improvement Act of 

1996, the Commission may withhold 

action on applications and requests 

made by any entity found to be 

delinquent in its debt to the 

Commission until full payment or 

resolution of such debt. This is 

commonly referred to as the 

Commission’s ‘‘red light’’ rule. Given 

the importance of removing 

communications equipment and service 

that poses a national security risk from 

the Commission Nation’s networks as 

soon as possible, the Commission finds 

extremely unusual circumstances exist 

to justify waiving the red light rule to 

allow Reimbursement Program 

recipients to receive funding allocations 

and disbursements notwithstanding an 

outstanding delinquency with the 

Commission. Any waiver would not 

affect the Commissions’ right or 

obligation to collect any debt owed by 

an applicant by any other means 

available to the Commission, including 

by referral to the Treasury for collection. 

27. Do Not Pay. Before releasing any 

Reimbursement Program funds to 

participants, the Commission proposes 

the Bureau and/or Fund Administrator, 

in coordination with the Commission’s 

Office of Managing Director (OMD), 

conduct a thorough review of the federal 

Do Not Pay system Database to verify an 

applicant’s eligibility for payments and 

awards. Pursuant to the Payment 

Integrity Information Act of 2019 (PIIA), 

the Commission is required to review 

applicable federal databases to 

determine eligibility for federal funds to 

prevent improper payments. The 

Treasury’s Bureau of the Fiscal Service 

administers the Do Not Pay system 

database. If an applicant is prohibited 

from receiving payment of federal funds 

pursuant to the Do Not Pay system, the 

Bureau and/or Fund Administrator will 

withhold funding allocations and 

disbursements from the Reimbursement 

Program. The Commission proposes 

having the Bureau and/or Fund 

Administrator offer the participant an 

opportunity to cure any Do Not Pay 

issues if the recipient can produce 

evidence that its listing in the Do Not 

Pay system should be removed. 

However, the Commission proposes 

requiring the participant to be 

responsible for working with the 

relevant agency to correct its 

information before a Reimbursement 

Program payment will be issued by 

Treasury. 

III. Procedural Matters 

28. Paperwork Reduction Act of 1995 

Analysis. This document contains 

proposed new information collection 

requirements. The Commission has, 

pursuant to the Paperwork Reduction 

Act of 1995 (PRA), Public Law 104–13, 

published a notice in the Federal 

Register seeking comment on the new 

information collection requirements 

contained in this Public Notice. See 86 

FR 22050, Apr. 26, 2021. The 

Commission, as part of its continuing 

effort to reduce paperwork burdens, 

invites the general public and the Office 

of Management and Budget (OMB) to 

comment on the information collection 

requirements contained in this 

document, as required by the PRA. In 

addition, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we seek specific comment on 

how we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

Federal Communications Commission. 

Cheryl Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division Wireline Competition Bureau. 

[FR Doc. 2021–12385 Filed 6–11–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 5, 6, 13, 19 and 52 

[FAR Case 2019–007; Docket No. FAR 2019– 

0007, Sequence No. 1] 

RIN 9000–AN90 

Federal Acquisition Regulation: 

Update of Historically Underutilized 

Business Zone Program 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement changes to the Small 

Business Administration’s regulations 

for the Historically Underutilized 

Business Zone Program. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before August 13, 

2021 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2019–007 to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2019–007’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2019–007’’. Follow the 

instructions provided at the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FAR Case 


lotter on DSK11XQN23PROD with PROPOSALS1