[Federal Register Volume 65, Number 145 (Thursday, July 27, 2000)]
[Rules and Regulations]
[Pages 46108-46109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18899]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 00-182]


Computation of Time

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Order adopts minor amendments to the Commission's 
computation of time rule. The clarifications will make it easier for 
the public to interpret the rules thereby providing better service to 
the public.

DATES: Effective July 27, 2000.

FOR FURTHER INFORMATION CONTACT: Marjorie Bertman, Office of General 
Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION:
    1. In this order we make minor amendments to the Commission's 
computation of time rule, 47 CFR 1.4, to clarify the rule. We clarify 
that the date of ``public notice'' for all rulemaking documents 
required by the Administrative Procedure Act (APA), 5 U.S.C. 552(a), 
553, to be published in the Federal Register, is the date of 
publication in the Federal Register. We also clarify the date of 
``public notice'' for Commission determinations in section 271 
proceedings, 47 U.S.C. 271.
    2. Section 1.4 establishes the method for computing the amount of 
time within which persons or entities must act in response to deadlines 
established by the Commission. It also applies to computation of time 
for seeking both reconsideration and judicial review of Commission 
decisions. Section 1.4(b) provides that unless otherwise indicated, the 
first day to be counted when a time period begins with an action taken 
by the Commission is the day after the day on which ``public notice'' 
of the action is given. Section 1.4(b)(1) defines the term ``public 
notice'' for documents in ``notice and comment rulemaking proceedings'' 
as the date of publication in the Federal Register, and section 
1.4(b)(2) defines ``public notice'' for non-rulemaking documents as the 
release date, whether or not the document is published in the Federal 
Register.
    3. The existing rules do not indicate specifically what the date of 
``public notice'' should be for rulemaking documents required to be 
published in the Federal Register, see 5 U.S.C. 552(a)(C)-(E), 553(b), 
but that are adopted without notice and comment in accordance with the 
exceptions provided in the APA. Such rulemakings include rules 
involving a military or foreign affairs function, interpretive rules, 
rules of agency organization procedure or practice, general statements 
of policy, or rules adopted when the agency for good cause finds that 
notice and comment are impracticable, unnecessary or contrary to the 
public interest. 5 U.S.C. 553(a) (b)(A), (B). In order to make clear 
what the ``public notice'' date is for these non-notice and comment 
rulemaking proceedings, we are amending section 1.4(b)(1). The rule 
will now indicate that the date of publication in the Federal Register 
is the date of ``public notice'' for all notice and comment rulemakings 
and for all rulemaking documents required by the APA to be

[[Page 46109]]

published in the Federal Register. We note that interlocutory 
procedural rulings in rulemaking proceedings, such as orders granting 
extensions of time or other miscellaneous procedural orders that 
directly pertain to a rulemaking itself, are governed by amended 
section 1.4(b)(1), because these procedural orders in rulemaking 
dockets are required to be published in the Federal Register.
    4. We also clarify that proceedings that do not fall within the 
class of rulemaking decisions that must be published in the Federal 
Register, such as adjudicatory matters, e.g. individual licensing 
decisions and waivers as to specific parties, do not come within the 
scope of section 1.4(b)(1), even if the decisions happen to be related 
to, or issued in, an on-going rule making docket. In so doing, we 
expressly depart from the interpretation of our computation of time 
rule that was announced in Adams Telcom, Inc. v. FCC, 997 F.2d 955 
(D.C. Cir. 1993). The date of public notice for decisions in such non-
rulemaking matters is the release date of the document that contains 
the Commission's decision, not the date of publication in the Federal 
Register.
    5. Finally, we are amending section 1.4(b)(2) to make clear that 
``public notice'' for section 271 determinations is the date of release 
of the Commission's decision. Section 271(d)(5) of the Communications 
Act, 47 U.S.C. 271(d)(5), adopted as part of the Telecommunications Act 
of 1996, requires the Commission, not later than 10 days after issuing 
a determination approving or denying an authorization request from a 
Bell Operating Company to provide interLATA services pursuant to 
section 271, to publish a brief description of its written 
determination in the Federal Register. Although the statute requires 
their publication in the Federal Register, decisions with respect to 
section 271 applications are adjudications, not rulemakings. The brief 
summaries of the Commission's section 271 determinations thus appear in 
the notices category of the Federal Register, not the rules category. 
Consistent with their adjudicatory status, the date of public notice 
for section 271 decisions is properly the date of release, and the 
rules are amended to state this explicitly.
    6. The rule amendments adopted herein involve rules of agency 
organization, procedure, or practice, and the notice and comment and 
effective date provisions of the Administrative Procedure Act are 
therefore inapplicable. 5 U.S.C. 553(b)(A), (d).
    7. Because members of the public relied on the prior interpretation 
of our rules announced in Adams Telcom, Inc., the amended rule as it 
applies with respect to these adjudicatory decisions (and which is 
explained in a new note to amended section 1.4(b)(1)), applies only to 
Commission decisions released on or after the effective date of the 
amended rule. The other clarifications to the computation of time rules 
contained in this order are, however, applicable to all Commission 
decisions, whether released before or after the effective date of the 
new rules, as they merely codify existing interpretations and practice.
    8. Pursuant to sections 4(i), 4(j), 303(r), 47 U.S.C. 4(i), 4(j), 
303(r), 47 CFR Part I is amended as set forth below, effective July 27, 
2000.

List of Subjects 47 CFR Part 1

    Practice and procedure.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Change

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR Part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

    1. The authority citation for Part I continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

    2. Section 1.4 is amended by revising the introductory text of 
paragraphs (b)(1) and (b)(2) and by adding a note to paragraph (b)(1) 
to read as follows:


Sec. 1.4  Computation of time.

* * * * *
    (b) * * *
    (1) For all documents in notice and comment and non-notice and 
comment rulemaking proceedings required by the Administrative Procedure 
Act, 5 U.S.C. 552, 553, to be published in the Federal Register, 
including summaries thereof, the date of publication in the Federal 
Register.

    Note to paragraph (b)(1): Licensing and other adjudicatory 
decisions with respect to specific parties that may be associated 
with or contained in rulemaking documents are governed by the 
provisions of Sec. 1.4(b)(2).

    (2) For non-rulemaking documents released by the Commission or 
staff, including the Commission's section 271 determinations, 47 U.S.C. 
271, the release date.
* * * * *
[FR Doc. 00-18899 Filed 7-26-00; 8:45 am]
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