78236 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 

recognized as valid postage for use or 

refunds, after June 20, 2025. 

Ruth Stevenson, 

Attorney, Federal Compliance. 

[FR Doc. 2020–26129 Filed 12–3–20; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 170 

RIN 0955–AA02 

Information Blocking and the ONC 

Health IT Certification Program: 

Extension of Compliance Dates and 

Timeframes in Response to the 

COVID–19 Public Health Emergency; 

Correction 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology (ONC), Department of 

Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

typographical errors found in the 

interim final rule entitled ‘‘Information 

Blocking and the ONC Health IT 

Certification Program: Extension of 

Compliance Dates and Timeframes in 

Response to the COVID–19 Public 

Health Emergency’’ that was published 

in the Federal Register on November 4, 

2020. 

DATES: The corrections in this document 

are effective on December 4, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Michael Lipinski, Office of Policy, 

National Coordinator for Health 

Information Technology, 202–690–7151. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This document corrects typographical 

errors found in the interim final rule 

entitled ‘‘Information Blocking and the 

ONC Health IT Certification Program: 

Extension of Compliance Dates and 

Timeframes in Response to the COVID– 

19 Public Health Emergency,’’ (Federal 

Register document 2020–24376) (85 FR 

70064), that was published in the 

Federal Register on November 4, 2020. 

We summarize and correct these errors 

in the ‘‘Summary of Errors’’ and 

‘‘Corrections of Errors’’ sections below. 

II. Summary of Errors 

A. Standardized API for Patient and 

Population Services 

As discussed in the preamble of the 

interim final rule, page 70077, second 

column, top of page, we stated that we 

added a new paragraph at 

§ 170.315(g)(10)(v)(A)(1)(iii). However, 

in the amendatory instruction for the 

regulation text, we inadvertently added 

the wrong citation. In amendatory 

instruction 11.b., on page 70083, the 

words ‘‘Adding paragraph 

(g)(10)(iv)(A)(1)(iii)’’ should have read 

‘‘Adding paragraph (g)(10)(v)(A)(1)(iii).’’ 

We are correcting the error by including 

the correct citation in this document. 

B. Real World Testing 

In the interim final rule, on page 

70076, second column, top half of the 

page, we corrected the real world testing 

regulation text in § 170.405(b)(3) by 

removing the words ‘‘for C–CDA’’ from 

the heading of the paragraph (85 FR 

70076). In § 170.405, we also extended 

the compliance dates for updating 

certain criteria until December 31, 2022 

(85 FR 70072). However, in amendatory 

instruction 16.a., on page 70084, we 

inadvertently only included the 

instruction for ‘‘(b)(3) introductory 

text,’’. Because the revisions are being 

made to both the heading of 

§ 170.405(b)(3) and the compliance date 

in § 170.405(b)(3)(ii), we are correcting 

the error in the amendatory instruction 

by adding ‘‘(b)(3)(ii),’’ after the phrase 

‘‘(b)(3) introductory text,’’. 

III. Waiver of Proposed Rulemaking, 

Comment Period, and Delay in Effective 

Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rulemaking in 

the Federal Register before the 

provisions of a rule take effect. In 

addition, section 553(d) of the APA 

mandates a 30-day delay in effective 

date after issuance or publication of a 

rule. Sections 553(b)(B) and 553(d)(3) of 

the APA provide for exceptions from the 

notice and comment and delay in 

effective date requirements. Section 

553(b)(B) of the APA authorizes an 

agency to dispense with normal 

rulemaking requirements for good cause 

if the agency makes a finding that the 

notice and comment process are 

impracticable, unnecessary, or contrary 

to the public interest. In addition, 

section 553(d)(3) of the APA allows the 

agency to avoid the 30-day delay in 

effective date where such delay is 

contrary to the public interest and an 

agency includes a statement of support. 

We believe this correcting document 

does not constitute a rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This document corrects typographical 

errors in regulation text of the interim 

final rule, but does not make substantive 

changes to the policies that were 

adopted in the interim final rule. As a 

result, this correcting document is 

intended to ensure that the information 

in the interim final rule accurately 

reflects the policies adopted in that final 

rule. 

In addition, even if this were a rule to 

which the notice and comment 

procedures and delayed effective date 

requirements applied, we find that there 

is good cause to waive such procedures 

and requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the interim final rule or 

delaying the effective date would be 

contrary to the public interest because 

they are obvious typographical errors 

that are being corrected. Furthermore, 

such procedures would be unnecessary, 

as we are not making substantive 

changes to our methodologies or 

policies, but rather, we are simply 

implementing correctly the policies that 

we previously proposed, requested 

comment on, and subsequently 

finalized. This correcting document is 

intended solely to ensure that the ONC 

Cures Act Final Rule and the interim 

final rule accurately reflect these 

policies. Therefore, we believe we have 

good cause to waive the notice and 

comment and effective date 

requirements. 

IV. Corrections of Errors 

In FR Doc 2020–24376 appearing on 

page 70064 in the Federal Register of 

Wednesday, November 4, 2020, for the 

reasons stated above, the Office of the 

Secretary corrects the following: 

§ 170.315 [Corrected] 

■ 1. On page 70083, in the first column, 

the text of amendatory instruction 11 is 

corrected to read as follows: 

■ 11. Amend § 170.315 by: 

■ a. Revising paragraphs (b)(1)(iii)(A)(2), 

(b)(2)(i), (b)(2)(iii)(D) introductory text, 

(b)(2)(iv), (b)(3)(ii)(B)(2), (b)(7)(ii), 

(b)(8)(i)(B), (b)(9)(ii), (c)(3), (d)(13)(ii), 

(e)(1)(i)(A)(2), (f)(5)(iii)(B)(1) and (2), 

(g)(6)(i)(B), (g)(9)(i)(A)(2), 

(g)(10)(v)(A)(1)(ii), and 

(g)(10)(v)(A)(2)(ii); and 

■ b. Adding paragraph 

(g)(10)(v)(A)(1)(iii). 

The revisions and addition read as 

follows: 

§ 170.405 [Corrected] 

■ 2. On page 70084, in the second 

column, the text of amendatory 

instruction 16 is corrected to read as 

follows: 

■ 16. Amend § 170.405 by: 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 78237 

1Expanding Consumers’ Video Navigation 

Choices; Commercial Availability of Navigation 

Devices, MB Docket No. 16–42 and CS Docket No. 

97–80, Notice of Proposed Rulemaking & 

Memorandum Opinion and Order, 31 FCC Rcd 

1544, 1558–82, paras. 25–78 (2016). 

2 Implementation of Section 304 of the 

Telecommunications Act of 1996: Commercial 

Availability of Navigation Devices, CS Docket No. 

97–80, Second Report and Order, 20 FCC Rcd 6794, 

6814–15, para. 39 (2005) (2005 Report and Order). 

3 Implementation of Section 304 of the 

Telecommunications Act of 1996: Commercial 

Availability of Navigation Devices, CS Docket No. 

97–80 and PP Docket No. 00–67, Third Report and 

Order and Order on Reconsideration, 25 FCC Rcd 

14657 (Third Plug and Play Report and Order), 

recon. granted in part sua sponte, Order on 

Reconsideration, 26 FCC Rcd 791 (2011). 

4NPRM, 31 FCC Rcd at 1558–82, paras. 25–78. 

5NPRM, 31 FCC Rcd at 1551, para. 13. 

■ a. Revising paragraphs (b)(1) 

introductory text, (b)(2)(ii) introductory 

text, (b)(3) introductory text, (b)(3)(ii), 

(b)(4)(ii), (b)(5)(ii), (b)(6)(ii), and 

(b)(7)(ii); and 

■ b. Adding paragraph (b)(10). 

The revisions and addition read as 

follows: 

Wilma M. Robinson, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2020–26666 Filed 12–2–20; 4:15 pm] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 16–42, CS Docket No. 97– 

80; FCC 20–124; FRS 17231] 

Expanding Consumers’ Video 

Navigation Choices; Commercial 

Availability of Navigation Devices 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) eliminates outdated 

CableCARD support and reporting 

requirements and terminates related 

dockets. 

DATES: Effective December 4, 2020. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Brendan Murray, 

Brendan.Murray@fcc.gov, of the Media 

Bureau, (202) 418–1573. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 20–124, adopted and 

released on September 4, 2020. The full 

text of this document is available for 

public inspection via ECFS (http://

www.fcc.gov/cgb/ecfs/). To request these 

documents in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an email to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis 

In this Report and Order, we 

terminate a proceeding in which we 

sought comment on the adoption of new 

regulations for ‘‘navigation devices’’— 

devices that consumers use to access 

multichannel video programming and 

other services offered over multichannel 

video programming networks—and 

eliminate outdated CableCARD support 

and reporting requirements. Four years 

ago, the Commission published a notice 

of proposed rulemaking (NPRM) (81 FR 

14033, March 16, 2016) that proposed a 

complex framework of regulations 

which would have required 

multichannel video programming 

distributors (MVPDs) to provide 

unbundled flows of programming 

information to third-party 

manufacturers, retailers, and software 

developers to enable them to create 

navigation devices in an attempt to 

assure a commercial market for 

navigation devices.1 However, the 

record submitted in response to the 

NPRM raises serious and significant 

questions about whether the proposed 

rules would adequately protect 

multichannel video programming 

content. Moreover, the record fails to 

convince us that the proposal is 

necessary to accomplish its intended 

goal, and we conclude that the proposed 

regulations do not reflect the past four 

years of substantial marketplace changes 

in the delivery and consumption of 

video programming. Separately, we 

eliminate the CableCARD consumer 

support rules and the requirement that 

large cable operators report to the 

Commission about support and 

deployment of CableCARD modules 

because these regulations no longer 

serve a useful purpose and thus are no 

longer necessary. 

Section 629 of the Communications 

Act of 1934, as amended (Act), directs 

the Commission to adopt regulations to 

assure the commercial availability of 

devices that consumers use to access 

multichannel video programming and 

other services offered over multichannel 

video programming networks. Section 

629 further directs that the Commission 

shall not prescribe such regulations 

‘‘which would jeopardize the security of 

multichannel video programming and 

other services offered over multichannel 

video programming systems, or impede 

the legal rights of a provider of such 

services to prevent theft of service.’’ 

Through a series of rulemakings, the 

Commission has adopted regulations 

intended to assure this commercial 

availability of devices. The bellwether 

requirement of these rulemakings, 

which led to the ‘‘CableCARD’’ 

standard, allows viewers to receive 

digital cable services by attaching their 

own equipment directly to the cable 

network. In 2005, to better monitor 

support for the then-nascent CableCARD 

technology, the Commission required 

the six largest cable operators to submit 

status reports to the Commission every 

90 days that detail how these cable 

operators met ‘‘their obligations to 

deploy and support CableCARD.’’ (70 

FR 36048, June 22, 2005).2 In 2010, the 

Commission adopted regulations to 

further ensure cable operator support for 

retail CableCARD devices. (76 FR 40263, 

July 8, 2011).3 In 2016, the 

Commission’s NPRM proposed a new 

and complicated regulatory regime for 

navigation devices.4

We conclude that further Commission 

intervention in the navigation device 

marketplace is not necessary at this 

time. We have serious and unresolved 

concerns about the security of 

multichannel video programming and 

copyright licensing under the proposed 

rules. Moreover, we conclude that the 

record raises other substantial doubts 

about the wisdom and necessity of the 

complex regulations proposed in the 

NPRM. On the other hand, we find that 

the CableCARD consumer support rules 

no longer serve a useful purpose 

following the D.C. Circuit’s 2013 

decision in Echostar Satellite L.L.C. v. 

FCC, 704 F.3d 992 (D.C. Cir. 2013) 

(Echostar), and accordingly eliminate 

these rules. We also conclude that the 

15-year-old CableCARD reporting 

requirement is no longer necessary. 

Closing the 2016 Proceeding. In 2016, 

the Commission sought comment on the 

need for new rules to implement section 

629. We conclude that we need not 

adopt any new rules at this time. 

Although the NPRM tentatively 

concluded that the Commission ‘‘should 

adopt new regulations to further section 

629,’’ 5 there is substantial evidence in 

the record challenging that tentative 

conclusion. The consequences of 

adopting the proposed regulations could 

be substantial and detrimental to 

consumers, copyright holders, and 

MVPDs, and thus we are reluctant to 

adopt these additional regulations to 

implement section 629, quite apart from 

the substantial doubts in the record as 

to whether they will help assure a 

commercial market for devices that