70168 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Proposed Rules 

Æ 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. 

Æ U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

Comments and ex parte submissions 

will be available for public inspection 

during regular business hours in the 

FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. These documents will also be 

available via ECFS. Documents will be 

available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

To request information in accessible 

formats (computer diskettes, large print, 

audio recording, and Braille), send an email to fcc504@fcc.gov or call the FCC’s 

Consumer and Governmental Affairs 

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

418–0432 (TTY). This document can 

also be downloaded in Word and 

Portable Document Format (PDF) at: 

http://www.fcc.gov. 

For more news and information about 

the Federal Communications 

Commission please visit: http:// 

www.fcc.gov. 

Federal Communications Commission. 

Jane E. Jackson, 

Associate Chief, Wireless 

Telecommunications Bureau. 

[FR Doc. 2010–29005 Filed 11–16–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[CG Docket 05–231, ET Docket No. 99–254; 

DA 10–2050] 

Consumer and Governmental Affairs 

Bureau Seeks To Refresh the Record 

on Notices of Proposed Rulemaking 

Regarding Closed Captioning Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission, via the Consumer and 

Governmental Affairs Bureau (Bureau), 

seeks to refresh the record on issues 

pertaining to closed captioning that 

were raised in Notices of Proposed 

Rulemaking (NPRMs) released by the 

Commission in 2005 and 2008. Given 

the time that has elapsed and various 

technological developments that have 

occurred in the field of closed 

captioning since these NPRMs were 

released, the Bureau believes that a 

refreshed record will better educate the 

Commission regarding the issues raised 

for comment in the pending 

proceedings. 

DATES: Comments are due on or before 

November 24, 2010. Reply comments 

are due on or before December 9, 2010. 

ADDRESSES: Interested parties may 

submit comments identified by [CG 

Docket No. 05–231 and ET Docket No. 

99–254], and by any of the following 

methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS): http:// 

www.fcc.gov/cgb/ecfs, or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

website for submitting comments, and 

transmit one electronic copy of the 

filing to each docket number referenced 

in the caption, which in this case is CG 

Docket No. 05–231 and ET Docket No. 

99–254. For ECFS Filers, in completing 

the transmittal screen, filers should 

include their full name, U.S. Postal 

Service mailing address, and the 

applicable docket number. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Because two 

docket numbers appear in the caption of 

this Notice, filers must submit two 

additional copies for the additional 

docket number. In addition, parties 

must send one copy to the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Washington, DC 20554. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th Street, SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. The filing hours 

are 8 a.m. to 7 p.m. 

• 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. U.S. Postal Service firstclass, Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Amelia Brown, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–2799 (voice), 

(202) 418–7804 (TTY), or e-mail: 

Amelia.Brown@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document DA 10–2050, released 

October 25, 2010 in CG Docket No. 05– 

231 and ET Docket No. 99–254. The full 

text of DA 10–2050 and any 

subsequently filed documents in this 

matter will be available for public 

inspection and copying via ECFS (insert 

[CG Docket No. 05–231 or ET Docket 

No. 99–254] into the Proceeding block) 

and during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. They 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc. Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554; telephone (800) 

378–3160, or via its Web site, http:// 

www.bcpiweb.com. DA 10–2050 can 

also be downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/caption.html. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). Pursuant to 47 CFR 1.1206, these 

proceedings will be conducted as 

permit-but-disclose proceedings in 

which ex parte communications are 

subject to disclosure. 

Synopsis 

In DA 10–2050, the Bureau seeks to 

refresh the record on issues pertaining 

to closed captioning that were raised in 

NPRMs released by the Commission on 

July 21, 2005, and November 7, 2008. 

See Closed Captioning of Video 

Programming, Telecommunications for 

the Deaf, Inc., Petition for Rulemaking, 

CG Docket No. 05–231, Notice of 

Proposed Rulemaking, published at 70 

FR 56150, September 26, 2005; and 

Closed Captioning of Video 

Programming, Closed Captioning 

Requirements for Digital Television 

Receivers, CG Docket No. 05–231, ET 

Docket No. 99–254, Declaratory Ruling, 

Order and Notice of Proposed 

Rulemaking, published at 74 FR 1594, 

January 13, 2009 and 74 FR 1654, 

January 13, 2009 (2008 Closed 

Captioning Declaratory Ruling, Order 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Proposed Rules 70169 

and NPRM). More than five years have 

passed since the Commission sought 

comment on several important matters 

relating to the quality and 

implementation of closed captioning of 

video programming, and a variety of 

changes in the closed captioning 

landscape warrant a refresh of the 

record created in response to that 

proceeding. For example, the 

benchmarks for 100% captioning of 

nonexempt new English and Spanish 

language programming have passed, the 

transition to digital television occurred 

on June 12, 2009, and advances in 

captioning technology and availability 

have occurred. The Bureau also believes 

that a refreshed record will help it to 

better understand the issues that were 

raised for comment in the 2008 Closed 

Captioning Declaratory Ruling, Order 

and NPRM. Because, in the 2008 Closed 

Captioning Declaratory Ruling, Order 

and NPRM, the Commission adopted 

requirements for video program 

distributors to make contact information 

available to consumers, and 

requirements concerning the process for 

filing and handling closed captioning 

complaints, the Commission does not 

seek to refresh the record with regard to 

those matters. 

Federal Communications Commission. 

Karen Peltz Strauss, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. 2010–28718 Filed 11–16–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 224 

[Docket No. 0912161432–0453–02] 

RIN 0648–XT37 

Endangered and Threatened Wildlife 

and Plants: Proposed Endangered 

Status for the Hawaiian Insular False 

Killer Whale Distinct Population 

Segment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: We, the NMFS, have 

completed a comprehensive status 

review of the Hawaiian insular false 

killer whale (Pseudorca crassidens) 

under the Endangered Species Act 

(ESA) in response to a petition 

submitted by the Natural Resources 

Defense Council (NRDC) to list the 

Hawaiian insular false killer whale as an 

endangered species. After reviewing the 

best scientific and commercial 

information available, we have 

determined that the Hawaiian insular 

false killer whale is a distinct 

population segment (DPS) that qualifies 

as a species under the ESA. Moreover, 

after evaluating threats facing the 

species, and considering efforts being 

made to protect the Hawaiian insular 

DPS, we have determined that the DPS 

is declining and is in danger of 

extinction throughout its range. We 

propose to list it as endangered under 

the ESA. Although we are not proposing 

to designate critical habitat at this time, 

we are soliciting information to inform 

the development of the final listing rule 

and designation of critical habitat in the 

event the DPS is listed. 

DATES: Comments on this proposal must 

be received by February 15, 2011. A 

public hearing will be held on Oahu, 

Hawaii, on Thursday, January 20, 2011, 

6:30 p.m. to 9 p.m., at the McCoy 

Pavilion at Ala Moana Park, 1201 Ala 

Moana Blvd., Honolulu, HI 96814. 

NMFS will consider requests for 

additional public hearings if any person 

so requests by January 31, 2011. Notice 

of the location and time of any such 

additional hearing will be published in 

the Federal Register not less than 15 

days before the hearing is held. 

ADDRESSES: You may submit comments 

identified by 0648–XT37 by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand-delivery: Submit 

written comments to Regulatory Branch 

Chief, Protected Resources Division, 

National Marine Fisheries Service, 

Pacific Islands Regional Office, 1601 

Kapiolani Blvd., Suite 1110, Honolulu, 

HI 96814, Attn: Hawaiian insular false 

killer whale proposed listing. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

Comments will be posted for public 

viewing after the comment period has 

closed. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. We 

will accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. The 

petition, status review report, and other 

reference materials regarding this 

determination can be obtained via the 

NMFS Pacific Islands Regional Office 

Web site: http://www.fpir.noaa.gov/ 

PRD/prd_false_killer_whale.html or by 

submitting a request to the Regulatory 

Branch Chief, Protected Resources 

Division, National Marine Fisheries 

Service, Pacific Islands Regional Office, 

1601 Kapiolani Blvd., Suite 1110, 

Honolulu, HI 96814, Attn: Hawaiian 

insular false killer whale proposed 

listing. 

FOR FURTHER INFORMATION CONTACT: 

Krista Graham, NMFS, Pacific Islands 

Regional Office, 808–944–2238; Lance 

Smith, NMFS, Pacific Islands Regional 

Office, 808–944–2258; or Dwayne 

Meadows, NMFS, Office of Protected 

Resources, 301–713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 1, 2009, we received a 

petition from the NRDC requesting that 

we list the insular population of 

Hawaiian false killer whales as an 

endangered species under the ESA and 

designate critical habitat concurrent 

with listing. According to the draft 2010 

Stock Assessment Report (SAR) 

(Carretta et al., 2010) (available at 

http://www.nmfs.noaa.gov/pr/pdfs/ 

sars/) that we have completed as 

required by the Marine Mammal 

Protection Act (MMPA), false killer 

whales within the United States (U.S.) 

Exclusive Economic Zone (EEZ) around 

the Hawaiian Islands are divided into a 

Hawaii pelagic stock and a Hawaii 

insular stock. The petition considers the 

insular population of Hawaiian false 

killer whales and the Hawaii insular 

stock of false killer whales to be 

synonymous. On January 5, 2010, we 

determined that the petitioned action 

presented substantial scientific and 

commercial information indicating that 

the petitioned action may be warranted, 

and we requested information to assist 

with a comprehensive status review of 

the species to determine if the Hawaiian 

insular false killer whale warranted 

listing under the Endangered Species 

Act of 1973 (ESA) (75 FR 316). 

ESA Statutory Provisions 

The ESA defines ‘‘species’’ to include 

subspecies or a DPS of any vertebrate 

species which interbreeds when mature 

(16 U.S.C. 1532(16)). The U.S. Fish and 

Wildlife Service (FWS) and NMFS have 

adopted a joint policy describing what 


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