80 FR 32857 - Relay Services for Deaf-Blind Individuals
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 111 (June 10, 2015)
Federal Register Volume 80, Issue 111 (June 10, 2015)
| Page Range | 32857-32859 | |
| FR Document | 2015-13717 |
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)] [Rules and Regulations] [Pages 32857-32859] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13717] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket No. 10-210; FCC 15-57] Relay Services for Deaf-Blind Individuals AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission extends the National Deaf- Blind Equipment Distribution Program (NDBEDP) as a pilot program for one additional year. The NDBEDP provides up to $10 million annually to support programs that distribute communications equipment to low-income individuals who are deaf-blind. Extending the pilot program enables the NDBEDP to continue providing communications equipment to low-income individuals who are deaf-blind without interruption while the Commission considers whether to adopt rules to govern a permanent NDBEDP. DATES: Effective June 10, 2015. FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and [[Page 32858]] Governmental Affairs Bureau, Disability Rights Office, at 202-418-2075 or email Rosaline.Crawford@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document FCC 15-57, Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Section 105, Relay Services for Deaf-Blind Individuals, Order (Order), adopted on May 21, 2015 and released on May 27, 2015, in CG Docket No. 10-210. The full text of document FCC 15-57 will be available for public inspection and copying via the Commission's Electronic Comment Filing System (ECFS), through the Commission's Web site at http://fjallfoss.fcc.gov/ecfs2/, and during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Document FCC 15-57 can also be downloaded in Word or Portable Document Format (PDF) at http://www.fcc.gov/ndbedp. 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 I. Background 1. Section 105 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) added section 719 to the Communications Act of 1934, as amended, which directed the Commission to establish rules to provide up to $10 million annually from the Interstate Telecommunications Relay Service Fund (TRS Fund) to support programs that distribute communications equipment to low-income individuals who are deaf-blind. Public Law 111-260, 124 Stat. 2751 (2010); Public Law 111-265, 124 Stat. 2795 (2010); 47 U.S.C. 620. In 2011, the Commission established the NDBEDP as a two-year pilot program, with an option to extend it for an additional year. Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Section 105, Relay Services for Deaf-Blind Individuals, CG Docket No. 10-210, Report and Order, published at 76 FR 26641, May 9, 2011 (NDBEDP Pilot Program Order); 47 CFR 64.610 (NDBEDP pilot program rules). The Consumer and Governmental Affairs Bureau (CGB or Bureau) launched the pilot program on July 1, 2012. To implement the program, the Bureau certified 53 entities to participate in the NDBEDP--one entity to distribute communications equipment in each state, plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, hereinafter referred to as ``state programs'' or ``certified programs''--and selected a national outreach coordinator to support the outreach and distribution efforts of these state programs. On February 7, 2014, the Bureau extended the pilot program for a third year, until June 30, 2015. Many individuals who have received equipment and training through the NDBEDP have reported that this program has vastly improved their daily lives, significantly enhancing their ability to live independently and expanding their educational and employment opportunities. 2. On August 1, 2014, the Bureau released a Public Notice inviting comment on which rules governing the NDBEDP pilot program should be retained and which should be modified to make the permanent NDBEDP more effective and more efficient. Consumer and Governmental Affairs Bureau Seeks Comment on the National Deaf-Blind Equipment Distribution Program, CG Docket No. 10-210, Public Notice, 29 FCC Rcd 9451 (CGB 2014). In response to the Public Notice, the Commission received over 40 comments from disability organizations, certified programs, and individual consumers, which will help to inform the preparation of a Notice of Proposed Rulemaking to establish a permanent NDBEDP when the pilot program ends. II. Extension of Pilot Program 3. In the Order, the Commission extends the existing NDBEDP pilot program rules for one additional year, until June 30, 2016. As noted in the Order, the Commission has sought comment on whether certain changes should be made when the NDBEDP transitions from a pilot to a permanent program. Completion of this rulemaking and implementation of any new rules may take longer than June 30, 2015, when the rules governing the NDBEDP pilot program will expire. Extending the pilot program will provide time to receive and thoroughly consider public input on proposed rules for a permanent program, as well as to implement final rules for the permanent NDBEDP without interrupting the distribution of communications equipment and provision of related services to low- income individuals who are deaf-blind, which the Commission finds serves the public interest. The extension will also provide greater programmatic certainty to entities that are currently certified to participate in the NDBEDP and enable the Commission to provide a smooth transition from the NDBEDP pilot program to a permanent program. The Commission commits to continue the pilot NDBEDP as long as necessary to ensure a seamless transition between the pilot and permanent programs to ensure the uninterrupted distribution of equipment to this target population. When the Commission adopts final rules for the permanent program, it will consider the extent to which the pilot program needs to be extended further. To provide reasonable notice to the certified programs operating under the pilot program rules prior to June 30, 2015, this extension of the pilot program rules shall be effective June 10, 2015. Final Paperwork Reduction Act of 1995 Analysis The Commission currently has an Office and Management and Budget (OMB) collection 3060-1146 pending OMB's review and approval of an extension submitted to OMB on April 22, 2015. This collection contains information collection requirements for the NDBEDP pilot program, which are subject to the Paperwork Reduction Act (PRA) of 1995. Public Law 104-13. However, document FCC 15-57 does not modify the existing information collection requirements contained in OMB collection 3060- 1146, and it does not contain new or modified information collection requirements subject to the PRA. In addition, therefore, it does not contain any new or modified 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 also 44 U.S.C. 3506(c)(4). Congressional Review Act The Commission will not send a copy of FCC 15-57 pursuant to the Congressional Review Act, because the Commission adopted no rules therein. See 5 U.S.C 801(a)(1)(A). Rather than adopting rules, the Commission exercised its statutory authority to extend the NDBEDP as a pilot program by Order for one additional year. Ordering Clause Pursuant to the authority contained in sections 1, 4(i), 4(j), and 719 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 620, that document FCC 15-57 is adopted. [[Page 32859]] Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2015-13717 Filed 6-9-15; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Rules and Regulations 32857
accountant inclined to test the bounds potentially could threaten the safety of (2) Either of the following two types
of professional conduct may have customer funds—the amendment of negligent conduct:
previously perceived loopholes or promotes the integrity of financial (i) A single instance of highly
ambiguity for exploitation under the markets. unreasonable conduct that results in a
generally-stated standard of rule 14.8(c), violation of applicable professional
(3) Price Discovery principles or standards in circumstances
the clarifying amendment provides a
deterrent against such potentially The Commission does not foresee that in which an accountant knows, or
damaging conduct—a benefit for market the amendment will directly impact should know, that heightened scrutiny
participants and the public. Further, price discovery. is warranted.
such clear, specific notice forecloses to (ii) Repeated instances of
(4) Sound Risk Management Practices unreasonable conduct, each resulting in
a great degree potential for an offending
accounting practitioner, in defense of As noted, improper accounting a violation of applicable professional
improper conduct, to argue confusion or practices may lead to unnecessary risks principles or standards, which indicate
uncertainty about what specifically the being undertaken, as certain risk a lack of competence to practice before
Commission’s standard requires, thus measures or managerial decisions are the Commission.
supporting Commission enforcement based on accounting data. To the extent Issued in Washington, DC, on June 5, 2015,
efficiency. the amendment improves accountants’ by the Commission.
The Commission anticipates no understanding of the Commission’s Christopher J. Kirkpatrick,
material cost burden attributable to the standards, thereby deterring improper Secretary of the Commission.
amendment for market participants or conduct that potentially could result in
accounting professionals to whom the unnecessary risks being undertaken, the Note: The following appendix will not
amendment is addressed. Again, this amendment promotes sound risk appear in the Code of Federal Regulations.
amendment merely articulates with management practices.
more precision the contours of the more Appendix to Proceedings Before the
(5) Other Public Interest Considerations Commodity Futures Trading
generally-stated standard of rule 14.8(c)
as it has existed prior to this By harmonizing the rule 14.8(c) Commission; Rules Relating to
amendment; further, this pre-existing standard for accountants with that of Suspension or Disbarment From
standard has encompassed standards SEC rule of practice 102(e), the Appearance and Practice—Commission
governing the accounting profession amendment helps to ensure consistency Voting Summary
generally and with which accounting and reduces potential for confusion. On this matter, Chairman Massad and
professionals have needed to comply. Commissioners Wetjen, Bowen, and
List of Subjects in 17 CFR Part 14 Giancarlo voted in the affirmative. No
Since the clarifying amendment effects
no substantive change to the rule 14.8 Administrative practice and Commissioner voted in the negative.
standard, accountants practicing before procedure, Professional conduct and [FR Doc. 2015–14159 Filed 6–9–15; 8:45 am]
the Commission should already be in competency standards, Ethical conduct, BILLING CODE 6351–01–P
compliance. Consequently, they should Penalties.
experience no cost to change their For the reasons discussed in the
behavior to comply with the rule as preamble, the Commodity Futures FEDERAL COMMUNICATIONS
amended. Trading Commission amends 17 CFR COMMISSION
In the following, the Commission part 14 as set forth below:
considers the amendment relative to the 47 CFR Part 64
CEA section 15(a) factors. PART 14—RULES RELATING TO
[CG Docket No. 10–210; FCC 15–57]
SUSPENSION OR DISBARMENT FROM
(1) Protection of Market Participants and APPEARANCE AND PRACTICE
the Public Relay Services for Deaf-Blind
Individuals
As noted, improper accounting ■ 1. The authority citation for part 14 is
practices may help to cover up financial revised to read as follows: AGENCY: Federal Communications
frauds or foster improper managerial Authority: Pub. L. 93–463, sec. 101(a)(11), Commission.
decisions and may pose a threat to the 88 Stat. 1391, 7 U.S.C. 4a(j). ACTION: Final rule.
safety of customer funds. By articulating ■ 2. Amend § 14.8 by revising paragraph
the Commission’s standards in more SUMMARY: In this document, the
(c) to read as follows: Commission extends the National Deaf-
specific, codified, and readily accessible
form, the amendment safeguards against § 14.8 Lack of requisite qualifications, Blind Equipment Distribution Program
accountants professing lack of character and integrity. (NDBEDP) as a pilot program for one
knowledge of the applicable standards— * * * * * additional year. The NDBEDP provides
or exploiting perceived ambiguities in (c) To have engaged in unethical or up to $10 million annually to support
them—to the detriment of market improper professional conduct either in programs that distribute
participants and the public. the course of any adjudicatory, communications equipment to low-
investigative or rulemaking or other income individuals who are deaf-blind.
(2) Efficiency, Competitiveness, and proceeding before the Commission or Extending the pilot program enables the
Financial Integrity of Futures Markets otherwise. With respect to the NDBEDP to continue providing
Threats to the safety of customer communications equipment to low-
wreier-aviles on DSK5TPTVN1PROD with RULES
professional conduct of persons
funds generate public distrust in licensed to practice as accountants, income individuals who are deaf-blind
financial market integrity. To the extent ‘‘unethical or improper professional without interruption while the
this rule amendment better informs conduct’’ means: Commission considers whether to adopt
accountants and fosters their (1) Intentional or knowing conduct, rules to govern a permanent NDBEDP.
understanding of the Commission’s including reckless conduct, that results DATES: Effective June 10, 2015.
standards and the consequences of in a violation of applicable professional FOR FURTHER INFORMATION CONTACT:
improper actions—actions that principles or standards; or Rosaline Crawford, Consumer and
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Federal Communications Commission. Comment on Traditional Community OPM has examined the impact of this
Marlene H. Dortch, Rating Plans on FEHB Groups final rule as required by Executive
Secretary. A commenter raised a concern that, Order 12866 and Executive Order
[FR Doc. 2015–13717 Filed 6–9–15; 8:45 am] by utilizing TCR plans, OPM may 13563, which direct agencies to assess
BILLING CODE 6712–01–P potentially cost the government more all costs and benefits of available
money. The commenter’s justification regulatory alternatives and, if regulation
was that insurers will adjust rates to the is necessary, to select regulatory
highest expected rate if they have to approaches that maximize net benefits
OFFICE OF PERSONNEL (including potential economic,
MANAGEMENT provide the same rates to all groups.
Traditional Community Rating is guided environmental, public, health, and
by state law and all groups pay the safety effects, distributive impacts, and
48 CFR Parts 1602, 1615, and 1652
average cost of coverage for the equity). A regulatory impact analysis
RIN 3206–AN00 community. As such, it is not believed must be prepared for major rules with
plans will adjust rates to the highest economically significant effects of $100
Federal Employees Health Benefits expected rate. million or more in any one year. This
Program; Rate Setting for Community- rule is not considered a major rule
Rated Plans Comments on Recommended Language because there will be no increased costs
A commenter suggested that (1) OPM to Federal agencies, Federal Employees,
AGENCY: U.S. Office of Personnel should exclude customers of carrier or Federal retirees in their health
Management. subsidiaries from SSSG consideration insurance premiums.
ACTION: Final rule. and (2) OPM should also exclude from
Federalism
SSSG analysis ‘‘[an] entity that
SUMMARY: The U.S. Office of Personnel maintains a contractual arrangement We have examined this rule in
Management (OPM) is issuing a final with the carrier to provide healthcare accordance with Executive Order 13132,
rule that makes changes to the Federal benefits.’’ Federalism, and have determined that
Employees Health Benefits Acquisition OPM declines to make this change. this rule will not have any negative
Regulation (FEHBAR). These changes: We require these entities to be impact on the rights, roles, and
define which subscriber groups may be considered for SSSG comparison responsibilities of State, local, or tribal
included for consideration as similarly because we do not want businesses to governments.
sized subscriber groups (SSSGs); require form distinct entities under a corporate
the SSSG to be traditional community umbrella for the sole purposes of getting List of Subjects in 48 CFR Parts 1602,
rated; establish that traditional a lower rate for non-FEHBP groups. Our 1615, and 1652
community rated (TCR) Federal goal is to identify one non-FEHBP Government employees, Government
Employees Health Benefits (FEHB) subscriber group (employer groups procurement, Health insurance
plans must select only one rather than covered by an issuer) that is closest in reporting and recordkeeping
two SSSGs; and make conforming size to the FEHBP group and, if the requirements.
changes to FEHB contract language to group received a discounted rate, the U.S. Office of Personnel Management.
account for the new medical loss ratio carrier must provide the discount to the
(MLR) standard for most community Katherine Archuleta,
FEHBP. We feel that, if carriers have the
rated FEHB plans. Director.
ability to shift groups under a corporate
DATES: Effective Date: July 10, 2015. umbrella, the most appropriate SSSG For the reasons set forth in the
will not be available for comparison to preamble, OPM amends chapter 16 of
FOR FURTHER INFORMATION CONTACT:
the FEHBP group and the FEHB title 48 CFR (FEHBAR) as follows:
Wenqiong Fu, Policy Analyst, at
wenqiong.fu@opm.gov or (202) 606– program will be at greater risk. OPM
also is not amending 48 CFR 1602.170– PART 1602—DEFINITIONS OF WORDS
0004. AND TERMS
13(b)(1)(iv). Our intention is not to
SUPPLEMENTARY INFORMATION: The U.S. include SSSGs of entities with whom a
Office of Personnel Management is ■ 1. The authority citation for part 1602
Carrier contracts to provide health continues to read as follows:
issuing a final rule to update the Federal insurance coverage for its own
Employees Health Benefits Acquisition employees. Additionally, we do not Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
Regulation to accommodate the new intend to set up a reinsurance 48 CFR 1.301.
FEHB specific medical loss ratio (MLR) arrangement. Our intent is to include ■ 2. Revise § 1602.170–13 to read as
requirement for most community rated entities where a Carrier has contracted follows:
plans as well as to update the similarly provision of benefits to its customers to
sized subscriber group (SSSG) a third-party entity. § 1602.170–13 Similarly sized subscriber
requirement for traditional community groups.
rated plans. Regulatory Flexibility Act (a) A Similarly sized subscriber group
Comments on FEHB Premium Impacts OPM certifies that this regulation will (SSSG) is a non-FEHB employer group
not have a significant economic impact that:
OPM received a comment regarding on a substantial number of small entities (1) As of the date specified by OPM
the impact the regulation will have on because the regulation only affects in the rate instructions, has a subscriber
future premiums in the FEHB Program.
wreier-aviles on DSK5TPTVN1PROD with RULES
health insurance carriers in the FEHB enrollment closest to the FEHBP
Based on the analysis, OPM does not Program. subscriber enrollment;
believe that there will be a significant (2) Uses traditional community rating;
impact in aggregate on the entire Executive Order 12866, Regulatory and,
FEHBP, and as such, it is unlikely that Review (3) Meets the criteria specified in the
there will be any major substantive This rule has been reviewed by the rate instructions issued by OPM.
impacts on future premium increases in Office of Management and Budget in (b) Any group with which an entity
the FEHBP as a whole. accordance with Executive Order 12866. enters into an agreement to provide
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Document Created: 2015-12-15 15:17:12
Document Modified: 2015-12-15 15:17:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 10, 2015. | |
| Contact | Rosaline Crawford, Consumer and Governmental Affairs Bureau, Disability Rights Office, at 202-418-2075 or email [email protected] | |
| FR Citation | 80 FR 32857 |
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