Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations 48773 

prohibited by law, to identify at least 

two existing regulations to be repealed 

when the agency publicly proposes for 

notice and comment, or otherwise 

promulgates, a new regulation. In 

furtherance of this requirement, section 

2(c) of Executive Order 13771 requires 

that the new incremental costs 

associated with new regulations shall, to 

the extent permitted by law, be offset by 

the elimination of existing costs 

associated with at least two prior 

regulations. OMB’s interim guidance, 

issued on April 5, 2017, https://

www.whitehouse.gov/the-press-office/ 

2017/04/05/memorandumimplementing-executive-order-13771- 

titled-reducing-regulation, explains that 

for Fiscal Year 2017 the above 

requirements only apply to each new 

‘‘significant regulatory action that 

imposes costs.’’ It has been determined 

that this final rule is not a ‘‘significant 

regulatory action thus does not trigger 

the above requirements of Executive 

Order 13771. 

List of Subjects in 42 CFR Part 493 

Administrative practice and 

procedure, Grant programs—health, 

Health facilities, Laboratories, Medicaid, 

Medicare, Penalties, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services amends 42 CFR part 

493 as set forth below: 

PART 493—LABORATORY 

REQUIREMENTS 

■ 1. The authority citation for part 493 

continues to read as follows: 

Authority: Sec. 353 of the Public Health 

Service Act, secs. 1102, 1861(e), the sentence 

following sections 1861(s)(11) through 

1861(s)(16) of the Social Security Act (42 

U.S.C. 263a, 1302, 1395x(e), the sentence 

following 1395x(s)(11) through 1395x(s)(16)), 

and the Pub. L. 112–202 amendments to 42 

U.S.C. 263a. 

■ 2. Section 493.15 is amended by 

revising paragraph (c)(2) to read as 

follows: 

§ 493.15 Laboratories performing waived 

tests. 

* * * * * 

(c) * * * 

(2) Fecal occult blood-non-automated; 

* * * * * 

Dated: August 24, 2017. 

Seema Verma, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Dated: October 5, 2017. 

Anne Schuchat, 

RADM, U.S. Public Health Service, Principal 

Deputy Director, Centers for Disease Control 

and Prevention. 

Dated: October 12, 2017. 

Eric D. Hargan, 

Acting Secretary, Department of Health and 

Human Services. 

[FR Doc. 2017–22813 Filed 10–19–17; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 20 

[GN Docket No. 13–111; FCC 17–25] 

Promoting Technological Solutions to 

Combat Contraband Wireless Devices 

in Correctional Facilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Report and Order, 

FCC 17–25. This document is consistent 

with the Report and Order, which stated 

that the Commission would publish a 

document in the Federal Register 

announcing OMB approval of the 

information collection requirement and 

the relevant effective date of the rules. 

DATES: The rule amendments to 47 CFR 

1.9020(n), 1.9030(m), 1.9035(o), and 

20.23(a), published at 82 FR 22742, May 

18, 2017, which required OMB 

approval, are effective on October 20, 

2017. The rule amendments to (1) 47 

CFR 1.9020(d)(8), 1.9030(d)(8), 

1.9035(d)(4), and 20.18(a), which did 

not require OMB approval; and (2) 47 

CFR 20.18(r), which required OMB 

approval, published at 82 FR 22742, 

May 18, 2017, are effective on February 

12, 2018. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Cathy 

Williams by email at Cathy.Williams@

fcc.gov and telephone at (202) 418– 

2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on October 2, 

2017, OMB approved the information 

collection requirement contained in the 

Commission’s Report and Order, FCC 

17–25, published at 82 FR 22742, May 

18, 2017. The OMB Control Number is 

3060–1243. The Commission publishes 

this document as an announcement of 

the effective dates of the rules. Note that 

the rules effective on February 12, 2018, 

as listed above, are effective on that date 

pursuant to the Report and Order, 

paragraph 142, the date 270 days after 

publication of the text or a summary 

thereof in the Federal Register. If you 

have any comments on the burden 

estimates listed below, or how the 

Commission can improve the collection 

and reduce any burdens caused thereby, 

please contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number 3060–1243 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 Commission is notifying the public 

that it received final OMB approval on 

October 2, 2017, for the information 

collection requirement contained in 47 

CFR 1.9020(n), 1.9030(m), 1.9035(o), 

20.18, and 20.23(a), as amended in the 

Commission’s Report and Order, FCC 

17–25. 

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– 

1243. 

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: 3060–1243. 

OMB Approval Date: October 2, 2017. 

OMB Expiration Date: October 31, 

2020. 

Title: Sections 1.9020(n), 1.9030(m), 

1.9035(o), Community notification 

requirement for certain contraband 


nlaroche on DSK9F9SC42PROD with RULES
48774 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations 

interdiction systems; Section 20.18(r), 

Contraband Interdiction System (CIS) 

requirement; Section 20.23(a), good 

faith negotiations. 

Form Number: N/A. 

Respondents: Businesses or other for 

profit entities and state, local or Tribal 

Governments. 

Number of Respondents and 

Responses: 26 respondents and 28 

responses. 

Estimated Time per Response: 8–16 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: There is no 

obligation to respond; response required 

to obtain benefits. The statutory 

authority for this collection is contained 

in 47 U.S.C. 151, 152, 154(i), 154(j), 301, 

302a, 303, 307, 308, 309, 310, and 332. 

Total Annual Burden: 325 hours. 

Total Annual Cost: No cost. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act: No impact(s). 

Needs and Uses: On March 24, 2017, 

the Federal Communications 

Commission released a Report and 

Order, Promoting Technological 

Solutions to Combat Contraband 

Wireless Devices in Correctional 

Facilities, GN Docket No. 13–111, FCC 

17–25 (Report and Order), in which the 

Commission took important steps to 

help law enforcement combat the 

serious threats posed by the illegal use 

of contraband wireless devices by 

inmates. Across the country, inmates 

have used contraband devices to order 

hits, run drug operations, operate phone 

scams, and otherwise engage in criminal 

activity that endangers prison 

employees, other inmates, and innocent 

members of the public. In the Report 

and Order, the Commission streamlined 

the process of deploying contraband 

wireless device interdiction systems— 

systems that use radio communications 

signals requiring Commission 

authorization—in correctional facilities. 

The action will reduce the cost of 

deploying solutions and ensure that 

they can be deployed more quickly and 

efficiently. In particular, the 

Commission waived certain filing 

requirements and provided for 

immediate approval of the spectrum 

lease applications needed to operate 

these systems. 

The effectiveness of Contraband 

Interdiction System (CIS) deployment 

requires all carriers in the relevant area 

of the correctional facility to execute a 

spectrum lease with the CIS provider. 

Even if the major Commercial Mobile 

Radio Services (CMRS) licensees 

negotiate expeditiously and in good 

faith, if one CMRS licensee in the area 

fails to engage in lease negotiations in 

a reasonable time frame or at all, the CIS 

solution will not be effective. The lack 

of cooperation of even a single wireless 

provider in a geographic area of a 

correctional facility can result in 

deployment of a system with 

insufficient spectral coverage, subject to 

abuse by inmates in possession of 

contraband wireless devices operating 

on frequencies not covered by a 

spectrum lease agreement. While some 

carriers have been cooperative, it is 

imperative that all CMRS licensees be 

required to engage in lease negotiations 

in good faith and in a timely fashion. 

Therefore, the Commission adopted a 

rule requiring that CMRS licensees 

negotiate in good faith with entities 

seeking to deploy a CIS in a correctional 

facility. If, after a 45 day period, there 

is no agreement, CIS providers seeking 

Special Temporary Authority (STA) to 

operate in the absence of CMRS licensee 

consent may file a request for STA with 

the Wireless Telecommunications 

Bureau (WTB), with a copy served at the 

same time on the CMRS licensee, 

accompanied by evidence 

demonstrating its good faith, and the 

unreasonableness of the CMRS 

licensee’s actions, in negotiating an 

agreement. The CMRS licensee may 

then file a response with WTB, with a 

copy served on the CIS provider at that 

time, within 10 days of the filing of the 

STA request. 

The supplementary information 

provided along with the STA 

application by the CIS provider will be 

used by WTB to determine whether the 

CIS provider has negotiated in good 

faith, yet the CMRS licensee has not 

negotiated in good faith. The CMRS 

licensee may use the evidence 

accompanying the STA application to 

craft a response. WTB will analyze the 

evidence from the CIS providers and the 

CMRS licensee’s response to determine 

whether to issue STA to the entity 

seeking to deploy the CIS. 

The Commission explored whether it 

should impose a requirement that the 

community in the vicinity of a 

correctional facility where a CIS is 

installed be notified of the installation. 

The Commission explained that a goal 

of the proceeding is to expedite the 

deployment of technological solutions 

to combat the use of contraband 

wireless devices, not to impose 

unnecessary barriers to CIS deployment. 

Consistent with that goal, the 

Commission found that a flexible and 

community-tailored notification 

requirement for certain CISs outweighed 

the minimal burden of notification and 

furthered the public interest. After 

careful consideration of the record, the 

Commission imposed a rule that, 10 

days prior to deploying a CIS that 

prevents communications to or from 

mobile devices, a lessee must notify the 

community in which the correctional 

facility is located, and the Commission 

amended its spectrum leasing rules to 

reflect this requirement. The 

Commission agreed with commenters 

that support notification of the 

surrounding community due to the 

potential for accidental call blocking 

and the public safety issues involved. 

The information provided in the 

notification will put the houses and 

businesses in the surrounding 

community on notice that a CIS will be 

deployed in the vicinity that has the 

potential for accidental call blocking. 

Acknowledging the importance of 

ensuring the availability of emergency 

911 calls from correctional facilities, 

and the fact that delivering emergency 

calls to public safety answering points 

(PSAPs) facilitates public safety services 

and generally serves the public interest, 

the Commission amended its rules to 

require that CIS providers regulated as 

private mobile radio service (PMRS) 

must route all 911 calls to the local 

PSAP. That said, the Commission also 

acknowledged the important role state 

and local public safety officials play in 

the administration of the 911 system. 

Accordingly, although the CIS provider 

is required to pass through emergency 

911 calls, the PSAPs can inform the CIS 

provider that they do not want to 

receive calls from a given correctional 

facility. By allowing the PSAPs to 

decline the emergency 911 calls, the 

Commission recognized the reported 

increased volume of PSAP harassment 

through repeated inmate fraudulent 911 

calls. The information provided by the 

PSAP or emergency authority will result 

in the CIS provider not passing through 

E911 calls from a particular correctional 

facility. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2017–22635 Filed 10–19–17; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 36, 42, 54, 63, and 64 

[WC Docket No. 15–33; FCC 17–112] 

Modernizing Common Carrier Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 


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