82 FR 9366 - Relay Services for Deaf-Blind Individuals
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 23 (February 6, 2017)
Federal Register Volume 82, Issue 23 (February 6, 2017)
| Page Range | 9366-9368 | |
| FR Document | 2017-02400 |
[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)] [Rules and Regulations] [Pages 9366-9368] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02400] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket No. 10-210; FCC 16-101] Relay Services for Deaf-Blind Individuals AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with rules adopted in the Commission's document Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Section 105, Relay Services for Deaf-Blind Individuals, Report and Order (Report and Order). This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: 47 CFR 64.6207, published at 81 FR 65948, September 26, 2016, is effective February 6, 2017. 47 CFR 64.6209, 64.6211, 64.6213, 64.6215, 64.6217, and 64.6219, published at 81 FR 65948, September 26, 2016, are effective July 1, 2017. FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Disability Rights Office, Consumer and Governmental Affairs Bureau, at (202) 418-2075, or email Rosaline.Crawford@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that, on January 17, 2017, OMB approved, for a period of three years, the information collection requirements contained in the Commission's Report and Order, FCC 16-101, published at 81 FR 65948, September 26, 2016. The OMB Control Number is 3060-1225. The Commission publishes this notice as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections 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, 3060-1225, in your correspondence. The Commission will also accept your comments via the Internet if you send them to 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), (844) 432-2275 (videophone), or (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on January 17, 2017, for the information collection requirements contained in the Commission's rules at 47 CFR 64.6207, [[Page 9367]] 64.6209, 64.6211, 64.6213, 64.6215, 64.6217, and 64.6219. 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 3060-1225. 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: 3060-1225. OMB Approval Date: January 17, 2017. OMB Expiration Date: January 31, 2020. Title: National Deaf-Blind Equipment Distribution Program. Form Number: N/A. Type of Review: New collection. Respondents: Individuals or household; Business or other for- profit; Not-for-profit institutions; State, Local or Tribal Government. Number of Respondents and Responses: 78 respondents; 3,631 responses. Estimated Time per Response: 0.5 hours (30 minutes) to 40 hours. Frequency of Response: On occasion, monthly, quarterly, semi- annually, annually, and one-time reporting requirements; Recordkeeping requirement; Third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for the information collections is contained in in sections 1, 4(i), 4(j), and 719 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), and 620. Total Annual Burden: 7,995 hours. Total Annual Cost: $600. Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the Commission's system of records notice (SORN), FCC/CGB-3, ``National Deaf-Blind Equipment Distribution Program,'' which became effective on February 28, 2012. Privacy Impact Assessment: The Commission completed a Privacy Impact Assessment (PIA) on December 31, 2012. The PIA may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html. The Commission is in the process of updating the PIA with respect to the Commission's adoption of rules in document FCC 16-101 on August 4, 2016, which converted the pilot program to a permanent program without change to the PII covered by these information collections. Needs and Uses: 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 (the Act). Public Law 111-260, 124 Stat. 2751 (2010); Public Law 111-265, 124 Stat. 2795 (2010) (making technical corrections); 47 U.S.C. 620. Section 719 of the Act requires the Commission to establish rules that define as eligible for up to $10,000,000 of support annually from the Interstate Telecommunications Relay Service Fund (TRS Fund) those programs that are approved by the Commission for the distribution of specialized customer premises equipment designed to make telecommunications service, Internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, accessible by low-income individuals who are deaf-blind. 47 U.S.C. 620(a), (c). Accordingly, on April 6, 2011, the Commission released document FCC 11-56, published at 76 FR 26641, May 9, 2011, adopting rules to establish the National Deaf-Blind Equipment Distribution Program (NDBEDP), also known as ``iCanConnect,'' as a pilot program. See 47 CFR 64.610(a) through (k). The FCC's Consumer and Governmental Affairs Bureau launched the pilot program on July 1, 2012. In an Order released on May 27, 2016, document FCC 16-69, published at 81 FR 36181, June 6, 2016, the Commission extended the pilot program through June 30, 2017, at which time distributing equipment and providing related services under the pilot program will cease. On August 5, 2016, the Commission released the Report and Order, document FCC 16-101, published at 81 FR 65948, September 26, 2016, adopting rules to establish the NDBEDP as a permanent program. See 47 CFR 64.6201 through 64.6219. In document FCC 16-101, the Commission clarified that the pilot program will not terminate until after all reports have been submitted, all payments and adjustments have been made, and all wind-down activities have been completed, and no issues with regard to the NDBEDP pilot program remain pending. Information collections related to NDBEDP pilot program activities are included in OMB Control Number 3060-1146, 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, which will expire June 30, 2018. For a period of 60 days following the publication of this document in the Federal Register announcing OMB approval of the information collection associated with the Report and Order, document FCC 16-101, new and incumbent entities may apply for certification to participate in the permanent NDBEDP. To minimize any disruption of service in the transition between the pilot program and the permanent program, the FCC's Consumer and Governmental Affairs Bureau will announce its selection of the entities certified to participate in the NDBEDP permanent program as soon as possible, but such certifications will not become effective before July 1, 2017. Because the information collection burdens related to NDBEDP pilot program activities overlap in time with the information collection burdens related to NDBEDP permanent program activities, the Commission sought approval for a new collection for the information burdens associated with the permanent NDBEDP. In document FCC 16-101, the Commission adopted rules requiring the following: (a) Entities must apply to the Commission for certification to receive reimbursement from the TRS Fund for NDBEDP activities. (b) A program wishing to relinquish its certification before its certification expires must provide written notice of its intent to do so. (c) Certified programs must disclose to the Commission actual or potential conflicts of interest. (d) Certified programs must notify the Commission of any substantive change that bears directly on its ability to meet the qualifications necessary for certification. (e) A certified entity may present written arguments and any relevant documentation as to why suspension or revocation of certification is not warranted. (f) When a new entity is certified as a state's program, the previously certified entity must take certain actions to complete the transition to the new entity. (g) Certified programs must require an applicant to provide verification that the applicant is deaf-blind. (h) Certified programs must require an applicant to provide verification that the [[Page 9368]] applicant meets the income eligibility requirement. (i) Certified programs must re-verify the income and disability eligibility of an equipment recipient under certain circumstances. (j) Certified programs must permit the transfer of an equipment recipient's account when the recipient relocates to another state. (k) Certified programs must include an attestation on consumer application forms. (l) Certified programs must conduct annual audits and submit to Commission-directed audits. (m) Certified programs must document compliance with NDBEDP requirements, provide such documentation to the Commission upon request, and retain such records for at least five years. (n) Certified programs must submit reimbursement claims as instructed by the TRS Fund Administrator, and supplemental information and documentation as requested. In addition, the entity selected to conduct national outreach will submit claims for reimbursement on a quarterly basis. (o) Certified programs must submit reports every six months as instructed by the NDBEDP Administrator. In addition, the entity selected to conduct national outreach will submit an annual report. (p) Informal and formal complaints may be filed against NEDBEDP certified programs, and the Commission may conduct such inquiries and hold such proceedings as it may deem necessary. (q) Certified programs must include the NDBEDP whistleblower protections in appropriate publications. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2017-02400 Filed 2-3-17; 8:45 am] BILLING CODE 6712-01-P
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paragraphs (b)(1)(i), (ii), or (iii) and § 212.4 [Amended] information collection associated with
(b)(2) of this section with those portions ■ 79. Amend § 212.4 in paragraph (a)(2) rules adopted in the Commission’s
containing sensitive information by adding ‘‘hull’’ after ‘‘vessel’’. document Implementation of the
maintained under a claim of trade Twenty-First Century Communications
secrecy blocked out, provided that the § 212.5 [Amended] and Video Accessibility Act of 2010,
portions remaining are greater than ■ 80. Amend § 212.5 as follows: Section 105, Relay Services for Deaf-
those which are blocked out. ■ a. In paragraphs (a) through (c), Blind Individuals, Report and Order
(2) Mask work not commercially remove ‘‘of a vessel’’ and add in its (Report and Order). This document is
exploited. (i) For mask works not place ‘‘of a vessel design’’. consistent with the Report and Order,
■ b. In paragraph (d), remove ‘‘to: Dept. which stated that the Commission
commercially exploited falling under
paragraph (b)(3)(i) of this section, any D–VH, Vessel Hull Registration, P.O. would publish a document in the
layer may be withheld. In lieu of the Box 71380, Washington, DC 20024– Federal Register announcing the
visually perceptible representations 1380’’ and add in its place ‘‘to the effective date of those rules.
required under paragraph (b)(3) of this address specified in § 201.1(b)(2) of this
DATES: 47 CFR 64.6207, published at 81
section, ‘‘identifying portions’’ shall chapter’’.
FR 65948, September 26, 2016, is
mean: § 212.6 [Amended] effective February 6, 2017. 47 CFR
(A) A printout of the mask work ■ 81. Amend § 212.6 by removing 64.6209, 64.6211, 64.6213, 64.6215,
design data pertaining to each withheld ‘‘design protection of vessel’’ and 64.6217, and 64.6219, published at 81
layer, reproduced in microform, in adding in its place ‘‘the protection of FR 65948, September 26, 2016, are
which sensitive information maintained vessel designs’’. effective July 1, 2017.
under a claim of trade secrecy has been FOR FURTHER INFORMATION CONTACT:
blocked out or stripped; or § 212.8 [Amended]
Rosaline Crawford, Disability Rights
(B) Visually perceptible ■ 82. Amend § 212.8 as follows: Office, Consumer and Governmental
representations in accordance with ■ a. In paragraph (c)(1)(iv), remove
Affairs Bureau, at (202) 418–2075, or
paragraph (b)(3)(i) of this section with ‘‘designers of the vessel’’ and add in its
email Rosaline.Crawford@fcc.gov.
those portions containing sensitive place ‘‘designers of the vessel design’’.
■ b. In paragraph (c)(2), remove ‘‘he’’ SUPPLEMENTARY INFORMATION: This
information maintained under a claim
and add in its place ‘‘the’’, remove the document announces that, on January
of trade secrecy blocked out, provided
comma after ‘‘Avenue’’, and remove 17, 2017, OMB approved, for a period of
that the portions remaining are greater
‘‘Web site’’ and add in its place three years, the information collection
than those which are blocked out.
‘‘website’’. requirements contained in the
(ii) The identifying portions shall be Commission’s Report and Order, FCC
accompanied by a single photograph of PARTS 253, 254, 255, 256, 258, 260– 16–101, published at 81 FR 65948,
the top or other visible layers of the 263, and 270—[REMOVED AND September 26, 2016. The OMB Control
mask work fixed in a semiconductor RESERVED] Number is 3060–1225. The Commission
chip product in which the sensitive publishes this notice as an
information maintained under a claim ■ 83. Remove and reserve parts 253,
announcement of the effective date of
of trade secrecy has been blocked out, 254, 255, 256, 258, 260, 261, 262, 263,
the rules. If you have any comments on
provided that the blocked out portions and 270.
the burden estimates listed below, or
do not exceed the remaining portions. Dated: November 21, 2016. how the Commission can improve the
* * * * * Karyn Temple Claggett, collections and reduce any burdens
Acting Register of Copyrights and Director caused thereby, please contact Cathy
PART 212—PROTECTION OF VESSEL of the U.S. Copyright Office. Williams, Federal Communications
DESIGNS Commission, Room 1–C823, 445 12th
Approved by:
Carla D. Hayden, Street SW., Washington, DC 20554.
■ 73. The authority citation for part 212
Librarian of Congress.
Please include the OMB Control
continues to read as follows:
Number, 3060–1225, in your
Authority: 17 U.S.C. chapter 13. [FR Doc. 2016–29625 Filed 2–3–17; 8:45 am]
correspondence. The Commission will
BILLING CODE 1410–30–P
■ 74. Revise the heading of part 212 to also accept your comments via the
read as set forth above. Internet if you send them to PRA@
■ 75. In part 212, remove the terms fcc.gov.
FEDERAL COMMUNICATIONS To request materials in accessible
‘‘hull’’ and ‘‘hulls’’ each place they
COMMISSION formats for people with disabilities
appear.
47 CFR Part 64 (Braille, large print, electronic files,
§ 212.1 [Amended] audio format), send an email to fcc504@
■ 76. Amend § 212.1 by removing [CG Docket No. 10–210; FCC 16–101] fcc.gov or call the Consumer and
‘‘vessel’’ and adding in its place Governmental Affairs Bureau at (202)
‘‘vessels’’. Relay Services for Deaf-Blind 418–0530 (voice), (844) 432–2275
Individuals (videophone), or (202) 418–0432 (TTY).
§ 212.2 [Amended]
AGENCY: Federal Communications Synopsis
■ 77. Amend § 212.2 by removing Commission.
sradovich on DSK3GMQ082PROD with RULES
‘‘vessel’’ and adding in its place ACTION: Final rule; announcement of As required by the Paperwork
‘‘vessels’’. effective date. Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
§ 212.3 [Amended] SUMMARY: In this document, the received OMB approval on January 17,
■ 78. Amend § 212.3 in paragraph (h) Commission announces that the Office 2017, for the information collection
introductory text by removing ‘‘6’’ and of Management and Budget (OMB) has requirements contained in the
adding in its place ‘‘six’’. approved, for a period of three years, the Commission’s rules at 47 CFR 64.6207,
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applicant meets the income eligibility DEPARTMENT OF TRANSPORTATION 90416. That rule satisfied the mandate
requirement. in the Pedestrian Safety Enhancement
National Highway Traffic Safety Act (PSEA) of 2010 by establishing a
(i) Certified programs must re-verify
Administration new Federal motor vehicle safety
the income and disability eligibility of
an equipment recipient under certain standards (FMVSS) setting minimum
49 CFR Parts 571 and 585 sound requirements for hybrid and
circumstances.
[Docket No. NHTSA–2016–0125] electric vehicles. This new standard
(j) Certified programs must permit the requires hybrid and electric passenger
transfer of an equipment recipient’s RIN 2127–AK93 cars, light trucks and vans, and low
account when the recipient relocates to speed vehicles to produce sounds
another state. Federal Motor Vehicle Safety meeting the requirements of this
Standards; Minimum Sound standard, and applies to electric
(k) Certified programs must include Requirements for Hybrid and Electric
an attestation on consumer application vehicles and those hybrid vehicles that
Vehicles are capable of propulsion in any
forms.
AGENCY: National Highway Traffic forward or reverse gear without the
(l) Certified programs must conduct Safety Administration (NHTSA), vehicle’s internal combustion engine
annual audits and submit to Department of Transportation (DOT). operating.
Commission-directed audits. To the extent that 5 U.S.C. 553 is
ACTION: Final rule; delay of effective
(m) Certified programs must date. applicable, this action is exempt from
document compliance with NDBEDP notice and comment because it
requirements, provide such SUMMARY: This action temporarily constitutes a rule of procedure under 5
documentation to the Commission upon delays for 36 days the effective date of U.S.C. 553(b)(3)(A). Alternatively,
request, and retain such records for at the rule entitled ‘‘Federal Motor Vehicle NHTSA’s implementation of this action
least five years. Safety Standards; Minimum Sound without opportunity for public
Requirements for Hybrid and Electric comment, effective immediately upon
(n) Certified programs must submit Vehicles,’’ published in the Federal publication today in the Federal
reimbursement claims as instructed by Register on December 14, 2016. Register, is justified based on the good
the TRS Fund Administrator, and DATES: The effective date of the final cause exceptions in 5 U.S.C.
supplemental information and rule published at 81 FR 90416, 553(b)(3)(B) and 553(d)(3). Seeking
documentation as requested. In December 14, 2016, is delayed until public comment is impracticable,
addition, the entity selected to conduct March 21, 2017. unnecessary, and contrary to the public
national outreach will submit claims for FOR FURTHER INFORMATION CONTACT: For interest. The temporary 36-day delay in
reimbursement on a quarterly basis. legal issues, contact Tom Healy, Office effective date is necessary to give
(o) Certified programs must submit of Chief Counsel, at (202) 366–2992. For Department officials the opportunity for
reports every six months as instructed non-legal issues, contact Mike Pyne, further review and consideration of new
by the NDBEDP Administrator. In Office of Vehicle Safety Compliance, at regulations, consistent with the
addition, the entity selected to conduct (202) 366–4171. Assistant to the President’s
national outreach will submit an annual SUPPLEMENTARY INFORMATION: In memorandum of January 20, 2017.
report. accordance with the memorandum of Given the imminence of the effective
January 20, 2017, from the Assistant to date, seeking prior public comment on
(p) Informal and formal complaints this temporary delay would have been
the President and Chief of Staff, entitled
may be filed against NEDBEDP certified impractical, as well as contrary to the
‘‘Regulatory Freeze Pending Review,’’ 1
programs, and the Commission may this action temporarily delays for 36 public interest in the orderly
conduct such inquiries and hold such days 2 the effective date of the rule promulgation and implementation of
proceedings as it may deem necessary. entitled ‘‘Federal Motor Vehicle Safety regulations. The imminence of effective
(q) Certified programs must include Standards; Minimum Sound date is also good cause for making this
the NDBEDP whistleblower protections Requirements for Hybrid and Electric action effective immediately upon
in appropriate publications. Vehicles,’’ published in the Federal publication.
Federal Communications Commission.
Register on December 14, 2016, at 81 FR Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
Marlene H. Dortch, 1 Available at https://www.whitehouse.gov/the- 49 CFR 1.95.
Secretary. press-office/2017/01/20/memorandum-heads-
executive-departments-and-agencies (last accessed Issued on: February 1, 2017.
[FR Doc. 2017–02400 Filed 2–3–17; 8:45 am]
Jan. 24, 2017). Jack Danielson,
BILLING CODE 6712–01–P 2 The delay is 36 days because a delay of 60 days
Acting Deputy Administrator.
from the date of the ‘‘Freeze Memo’’ is March 21,
2016. The original effective date for the final rule [FR Doc. 2017–02428 Filed 2–3–17; 8:45 am]
was February 13, 2017. BILLING CODE 4910–59–P
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Document Created: 2017-02-04 00:25:08
Document Modified: 2017-02-04 00:25:08
| 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; announcement of effective date. | |
| Dates | 47 CFR 64.6207, published at 81 FR 65948, September 26, 2016, is effective February 6, 2017. 47 CFR 64.6209, 64.6211, 64.6213, 64.6215, 64.6217, and 64.6219, published at 81 FR 65948, September 26, 2016, are effective July 1, 2017. | |
| Contact | Rosaline Crawford, Disability Rights Office, Consumer and Governmental Affairs Bureau, at (202) 418-2075, or email [email protected] | |
| FR Citation | 82 FR 9366 |
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