Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5969 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T07–1108 to read as 

follows: 

§ 100.35T07–1108 Special Local 

Regulation, Daytona Beach Grand Prix of 

the Seas; Atlantic Ocean, Daytona Beach, 

FL. 

(a) Regulated Area. The following 

regulated area is a special local 

regulation located offshore from 

Daytona Beach, FL. All waters of the 

Atlantic Ocean encompassed within the 

following points: Starting at Point 1 in 

position 29°14.580′ N., 081°00.820′ W., 

thence northeast to Point 2 in position 

29°14.783′ N., 081°00.101′ W., thence 

southeast to Point 3 in position 

29°13.646′ N., 081°59.549′ W., thence 

southwest to Point 4 in position 

29°13.434′ N., 081°00.224′ W., thence 

northwest back to origin. These 

coordinates are based on North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) Jacksonville 

in the enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the COTP 

Jacksonville or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Jacksonville by 

telephone at 904–564–7511, or a 

designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Jacksonville or designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area through 

Broadcast Notice to Mariners via VHF– 

FM channel 16 or by on-scene 

designated representatives. 

(d) Enforcement Period. This section 

will be enforced daily 8 a.m. to 5 p.m. 

from April 22 through April 24, 2016. 

Dated: January 25, 2016. 

J.F. Dixon, 

Captain, U.S. Coast Guard, Captain of the 

Port Jacksonville. 

[FR Doc. 2016–02097 Filed 2–3–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2015–OESE–0130] 

Negotiated Rulemaking Committee; 

Negotiator Nominations and Schedule 

of Committee Meetings 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Intent to establish a negotiated 

rulemaking committee. 

SUMMARY: We announce our intention to 

establish a negotiated rulemaking 

committee prior to publishing proposed 

regulations to implement part A of title 

I, Improving Basic Programs Operated 

by Local Educational Agencies, of the 

Elementary and Secondary Education 

Act of 1965 (ESEA), as amended by the 

Every Student Succeeds Act (ESSA). 

The negotiating committee will include 

representatives of constituencies that 

are significantly affected by the topics 

proposed for negotiations, including 

Federal, State, and local education 

administrators, tribal leadership, 

parents and students, including 

historically underrepresented students, 

teachers, principals, other school 

leaders (including charter school 

leaders), paraprofessionals, members of 

State and local boards of education, the 

civil rights community, including 

representatives of students with 

disabilities, English learners, and other 

historically underserved students, and 

the business community. We request 

nominations for individual negotiators 

who represent key stakeholder 

constituencies for the issues to be 

negotiated to serve on the committee, 

and we set a schedule for committee 

meetings. 

DATES: We must receive your 

nominations for negotiators to serve on 

the committee on or before February 25, 

2016. The dates, times, and locations of 

the committee meetings are set out in 

the Schedule for Negotiations section in 

the SUPPLEMENTARY INFORMATION section 

of this notice. 

ADDRESSES: Submit your nominations 

for negotiators to James Butler, U.S. 

Department of Education, 400 Maryland 

Avenue SW., Room 3W246, 

Washington, DC 20202. Telephone (202) 

260–9737 or by email: 

OESE.ESSA.nominations@ed.gov. 

FOR FURTHER INFORMATION CONTACT: 

James Butler, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 3W246, Washington, DC 20202. 

Telephone (202) 260–9737 or by email: 

OESE.ESSA.nominations@ed.gov. 

If you use a telecommunications 

device for the deaf or a text telephone, 

call the Federal Relay Service, toll free, 

at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2015, the President 

signed into law the ESSA, amending the 

ESEA. Among other things, the ESSA 

reauthorizes, for a four-year period, 

programs under title I of the ESEA, 

which are designed to provide all 

children significant opportunity to 

receive a fair, equitable, and highquality education, and to close 

educational achievement gaps. 

On December 22, 2015, we published 

a request for information and notice of 

meetings (RFI) in the Federal Register 

(80 FR 79528), seeking advice and 

recommendations on regulatory issues 

under title I of the ESEA, and providing 

notice of regional meetings at which 

stakeholders were able to provide such 

advice and recommendations. Those 

meetings were held on January 11, 2016, 

in Washington, DC, and on January 19, 

2016, in Los Angeles, California. The 

Department will post transcripts from 

the hearings on its Web site at http://

www2.ed.gov/policy/elsec/leg/essa/

index.html as soon as they are available. 

In response to the RFI, the 

Department received written comments 

from more than 370 individuals and 

organizations. Those written comments 

may be viewed through the Federal 

eRulemaking Portal at 

www.regulations.gov. Instructions for 

finding comments are available on the 

site under ‘‘How to Use 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
5970 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 

Regulations.gov’’ in the Help section. 

Individuals can enter docket ID ED– 

2015–OESE–0130 in the search box to 

locate the appropriate docket. 

Regulatory Issues: After considering 

the advice and recommendations 

provided at the regional meetings and 

through written comments, we have 

decided to establish a negotiating 

committee to: 

(1) Prepare proposed regulations that 

would update existing assessment 

regulations to reflect changes to section 

1111(b)(2) of the ESEA, including: 

(i) Locally selected nationally 

recognized high school assessments, 

under section 1111(b)(2)(H); 

(ii) The exception for advanced 

mathematics assessments in 8th grade, 

under section 1111(b)(2)(C); 

(iii) Inclusion of students with 

disabilities in academic assessments, 

including alternate assessments based 

on alternate academic achievement 

standards for students with the most 

significant cognitive disabilities, subject 

to a cap of 1.0% of students assessed for 

a subject; 

(iv) Inclusion of English learners in 

academic assessments and English 

language proficiency assessments; and 

(v) Computer-adaptive assessments. 

(2) Prepare proposed regulations 

related to the requirement under section 

1118(b) of the ESEA that title I, part A 

funds be used to supplement, and not 

supplant, non-Federal funds, 

specifically: 

(i) Regarding the methodology a local 

educational agency uses to allocate State 

and local funds to each title I school to 

ensure compliance with the supplement 

not supplant requirement; and 

(ii) The timeline for compliance. 

These topics are tentative. Topics may 

be added or removed as the process 

continues. 

Selection of Negotiators: We intend to 

select negotiators for the committee who 

represent the interests that may be 

significantly affected by the topics 

proposed for negotiation. In so doing, 

we will comply with the requirement in 

section 1601(b)(3)(B) of the ESEA, that 

negotiators be selected from among 

individuals or groups that provided 

advice and recommendations in 

response to the RFI (e.g., if a member of 

an organization provided a response to 

the RFI, then another member of that 

organization can be nominated and 

selected for the committee), including 

representation from all geographic 

regions of the United States, in such 

numbers as will provide an equitable 

balance between representatives of 

parents and students and 

representatives of educators and 

education officials. In addition, we will 

select negotiators who will contribute to 

the diversity and expertise of the 

negotiating committee. Our goal is to 

establish a committee that will allow 

significantly affected parties to be 

represented while keeping the 

committee small enough to ensure 

meaningful participation by all 

members. 

We intend to select at least one 

negotiator for each constituency 

represented on the committee. For any 

constituency that is represented by only 

one negotiator, we will also select an 

alternate. In cases of constituencies for 

which an alternate is selected, the 

primary negotiator will participate for 

the purpose of determining consensus; 

the alternate negotiator will participate 

for the purpose of determining 

consensus only in the absence of the 

primary negotiator. All members, 

including any alternates, may speak 

during the negotiations. 

Individuals who are not selected as 

members of the committee will be able 

to attend the committee meetings 

(which will be open to the public—see 

below). 

Constituencies: The Department plans 

to seat as negotiators one or more 

individuals representing these 

constituencies: 

• State administrators and State 

boards of education; 

• Local administrators and local 

boards of education; 

• Tribal leadership; 

• Parents and students, including 

historically underserved students; 

• Teachers; 

• Principals; 

• Other school leaders, including 

charter school leaders; 

• Paraprofessionals; 

• The civil rights community, 

including representatives of students 

with disabilities, English learners, and 

other historically underserved students; 

• The business community; and 

• Federal administrators. 

The goal of the committee is to 

develop proposed regulations that 

reflect a final consensus of the 

committee. An individual selected as a 

negotiator will be expected to represent 

the interests of his or her constituency 

and participate in the negotiations in a 

manner consistent with the goal of 

developing proposed regulations on 

which the committee will reach 

consensus. If consensus is reached, the 

negotiator and, if applicable, his or her 

employer organization, is bound by the 

consensus and may not submit a 

negative comment through the public 

comment process on the resulting 

proposed regulations. The Department 

will not consider any such negative 

comments. 

Nominations: Nominations should 

include: 

• The name of the nominee and the 

constituency the nominee represents. 

• Evidence of the nominee’s expertise 

or experience in the topics proposed for 

negotiations. 

• Evidence of support from 

individuals or groups within the 

constituency that the nominee will 

represent. 

• The nominee’s commitment that he 

or she is available to attend all 

negotiation sessions and will actively 

participate in good faith in the 

development of the proposed 

regulations. 

• The nominee’s contact information, 

including address, phone number, and 

email address. 

Nominees will be notified of whether 

they have been selected as negotiators as 

soon as the Department’s review process 

is completed. 

Schedule for Negotiations: The 

committee will meet for two sessions on 

the following dates: 

• Session 1: March 21–March 23, 2016 

• Session 2: April 6–April 8, 2016 

In addition, an optional third session 

may be scheduled for April 18–April 19, 

2016, if the committee determines that 

a third session would enable the 

committee to complete its work of 

developing proposed regulations that 

reflect a final consensus of the 

committee. Sessions will run from 9 

a.m. to 5 p.m. 

The committee meetings will be held 

at the U.S. Department of Education, 

400 Maryland Avenue SW., 

Washington, DC 20202. 

The meetings are open to the public. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

The site of the meetings for the 

negotiated rulemaking process is 

accessible to individuals with 

disabilities. If you need an auxiliary aid 

or service to participate in the meeting 

(e.g., interpreting service, assistive 

listening device, or materials in 

alternative format), notify the program 

contact person listed under FOR FURTHER

INFORMATION CONTACT in advance of the 

scheduled meeting date. We will make 

every effort to meet any request we 

receive. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5971 

1Pub. L. 101–431, 104 Stat. 960 (1990) (codified 

at 47 U.S.C. 303(u), 330(b)). 

2Accessibility of User Interfaces, and Video 

Programming Guides and Menus; Accessible 

Emergency Information, and Apparatus 

Requirements for Emergency Information and Video 

Description: Implementation of the Twenty-First 

Century Communications and Video Accessibility 

Act of 2010, MB Docket Nos. 12–108, 12–107, 

Report and Order and Further Notice of Proposed 

Rulemaking, 78 FR 77210, 78 FR 77074, para. 140 

(2013) (‘‘Report and Order and Further NPRM’’). In 

response to the Further NPRM, we received 

comments on the issue of our authority under 

Sections 204 and 205, which we are continuing to 

evaluate. 

3See S. Rep. 101–393, 1990 USCCAN 1438 

(explaining that the TDCA ‘‘charges the [FCC] with 

ensuring that closed-captioning services are 

available to the public as new technologies are 

developed’’). 

4See 47 U.S.C. 303(u)(1) (requiring that 

‘‘apparatus designed to receive or play back video 

programming transmitted simultaneously with 

sound’’ contain circuitry to decode and display 

closed captioning). 

5See id. 303(u)(1)(A). 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: February 1, 2016. 

John B. King, Jr., 

Acting Secretary of Education. 

[FR Doc. 2016–02224 Filed 2–3–16; 8:45 am] 

BILLING CODE 4000–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[MB Docket No. 12–108; FCC 15–156] 

Accessibility of User Interfaces, and 

Video Programming Guides and Menus 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on a 

proposal to adopt rules that would 

require manufacturers and MVPDs to 

ensure that consumers are able to 

readily access user display settings for 

closed captioning. 

DATES: Comments are due on or before 

February 24, 2016; reply comments are 

due on or before March 7, 2016. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 12–108, by 

any of the following methods: 

• Federal Communications 

Commission (FCC) Electronic Comment 

Filing System (ECFS) Web site: http://

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to the FCC Secretary, Office 

of the Secretary, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. 

• Hand or Messenger Delivery: All 

hand-delivered or messenger-delivered 

paper filings for the FCC Secretary must 

be delivered to FCC Headquarters at 445 

12th Street SW., Room TW–A325, 

Washington, DC 20554. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530; or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘PROCEDURAL MATTERS’’ heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

FOR FURTHER INFORMATION CONTACT: 

Maria Mullarkey, Maria.Mullarkey@

fcc.gov, of the Media Bureau, Policy 

Division, (202) 418–2120. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, contact Cathy Williams at 

(202) 418–2918 or send an email to 

PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Further Notice of Proposed Rulemaking 

(Second Further NPRM), FCC 15–156, 

adopted on November 18, 2015, and 

released on November 20, 2015. For 

background, see the summary of the 

Second Report and Order accompanying 

the Second Further NPRM published in 

this issue of the Federal Register. The 

full text of this document is available 

electronically via the FCC’s Electronic 

Document Management System 

(EDOCS) Web site at http://

fjallfoss.fcc.gov/edocs_public/ or via the 

FCC’s Electronic Comment Filing 

System (ECFS) Web site at http://

fjallfoss.fcc.gov/ecfs2/. Documents will 

be available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

This document is also available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Information Center, Federal 

Communications Commission, 445 12th 

Street SW., CY–A257, Washington, DC 

20554. Alternative formats are available 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), by sending an email to fcc504@

fcc.gov or calling the Commission’s 

Consumer and Governmental Affairs 

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

418–0432 (TTY). 

I. Introduction 

1. In this Second Further Notice of 

Proposed Rulemaking (‘‘Second Further 

NPRM’’), we seek comment on a 

proposal to adopt rules that would 

require manufacturers and MVPDs to 

ensure that consumers are able to 

readily access user display settings for 

closed captioning. 

II. Second Further Notice of Proposed 

Rulemaking 

2. In this Second Further NPRM, we 

seek comment on a proposal to adopt 

rules that would require manufacturers 

and MVPDs to ensure that consumers 

are able to readily access user display 

settings for closed captioning and we 

seek comment on the Commission’s 

authority to adopt such rules under the 

Television Decoder Circuitry Act of 

1990 (‘‘TDCA’’).1 In the Further Notice 

of Proposed Rulemaking (‘‘Further 

NPRM’’), we inquired whether Sections 

204 and 205 of the CVAA provide the 

Commission with authority to adopt 

such a requirement.2 Upon further 

review of the issue, we continue to 

believe that there are important public 

interest considerations in favor of 

ensuring that consumers are able to 

readily access user display settings for 

closed captioning, and we seek 

comment on whether the TDCA 

provides authority to adopt regulations 

that would facilitate such access 

because it mandates that the 

Commission take steps to ensure that 

closed captioning service continues to 

be available to consumers.3

3. The TDCA requires generally that 

television receivers and other 

apparatus 4 contain circuitry to decode 

and display closed captioning 5 and 

directs that our ‘‘rules shall provide 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS