39584 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 

new requirements, except that noncommercial fishermen in the Pacific 

Remote Islands Monument are subject to 

existing permit requirements at 

§ 665.603, § 665.624, § 665.642, 

§ 665.662 and § 665.801. The public 

reporting burden for the new 

requirements is estimated to be 15 

minutes to complete a permit 

application for each vessel, and 20 

minutes to complete a daily trip log 

sheet per trip. These estimates include 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and to OMB by email to 

OIRA_Submission@omb.eop.gov or fax 

to 202–395–7285. 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: June 27, 2013. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

performing the functions and duties of the 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 15 CFR part 902 is amended 

as follows: 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, amend the table in 

paragraph (b), under the entry ‘‘50 CFR’’ 

by revising the entries for §§ 665.13, 

665.14, and 665.16, and adding new 

entries for §§ 665.905, 665.935, and 

665.965, to read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section where the information collection requirement is located Current OMB control number (all numbers begin with 0648–) 

*******

50 CFR .....................................................................................................

*******

665.13 ....................................................................................................... ¥0463, ¥0490, ¥0577, ¥0584, ¥0586, ¥0589, and ¥0664 

665.14 ....................................................................................................... ¥0214, ¥0462, ¥0577, ¥0584, ¥0586, ¥0589, and –0664 

665.16 ....................................................................................................... ¥0361, ¥0584, ¥0586, ¥0589, and ¥0664 

*******

665.905 ..................................................................................................... ¥0664 

665.935 ..................................................................................................... ¥0664 

665.965 ..................................................................................................... ¥0664 

*******

[FR Doc. 2013–15872 Filed 7–1–13; 8:45 am] 

BILLING CODE 3510–22–P 

BROADCASTING BOARD OF 

GOVERNORS 

22 CFR Part 502 

Domestic Requests for Broadcasting 

Board of Governors Program Materials 

AGENCY: Broadcasting Board of 

Governors. 

ACTION: Interim final rule with request 

for comment. 

SUMMARY: As directed by the National 

Defense Authorization Act for 2013 and 

amendments to the U.S. Information 

and Educational Exchange Act, the 

Broadcasting Board of Governors issues 

a rule which establishes procedures for 

responding to domestic requests for the 

Agency’s program materials. The 

Agency may, upon request, provide 

members of the public, organizations, 

and media with program materials 

which the Agency disseminated abroad. 

DATES: This rule is effective July 2, 

2013. Comments must be submitted on 

or before September 3, 2013. 

ADDRESSES: Please submit comments by 

email to acabral@bbg.gov, or by postal 

mail or commercial delivery, addressed 

to April Cabral, Senior Policy Advisor, 

International Broadcasting Bureau 

Director’s Office, Broadcasting Board of 

Governors, 330 Independence Avenue 

SW., Washington, DC 20237. Please 

state that your comment refers to 

Interim Final Revisions to 22 CFR Part 

502. 

Additional information about the 

Agency and its programs is available on 

the Internet at http://www.bbg.gov. 

FOR FURTHER INFORMATION CONTACT: 

April Cabral, Senior Policy Advisor, 

International Broadcasting Bureau, 

Broadcasting Board of Governors, 330 

Independence Avenue SW., 

Washington, DC 20237. Telephone 

number: (202) 203–4515. 

SUPPLEMENTARY INFORMATION: 

Background 

The Broadcasting Board of Governors 

supervises all U.S. non-military 

international broadcasting activities in 

accordance with the broadcasting 

principles and standards in the U.S. 

International Broadcasting Act of 1994, 

including consistency with the broad 

foreign policy objectives of the United 

States. As stated in the U.S. 

International Broadcasting Act of 1994, 

it is the policy of the United States to 

promote freedom of opinion and 

expression and to open communication 

of information and ideas among the 

people of the world. 22 U.S.C. 6201. The 

Agency has adopted as its mission 

statement: to inform, engage, and 

connect people around the world in 

support of freedom and democracy. 

Due to recent amendments to section 

501 of the U.S. Information and 

Educational Exchange Act, the Agency 

may, upon request, provide members of 

the public, organizations, and media 

with program materials which the 

Agency disseminated abroad. It is the 

Agency’s policy to make its program 

materials available, upon request, 

whenever doing so is consistent with all 

statutory authorities, prohibitions, 

principles, and standards. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 39585 

Administrative Procedures Act 

There is good cause under 5 U.S.C. 

553(b)(B) and (d)(3) to publish this rule 

at the time of implementation. Because 

one of the purposes of this rule and the 

law underlying this rule is to allow 

information dissemination outside of 

the Freedom of Information Act for BBG 

program materials, and because of the 

impending effective date of the law, the 

intent of the law would be frustrated if 

BBG could not begin implementing this 

rule and responding to domestic 

requests for program materials by July 2, 

2013. The immediate implementation of 

this rule by the effective date of the law 

will advance the Congressional intent to 

allow the BBG to respond to domestic 

requests for program material and 

provide information about its activities 

to the media and to the public for the 

purposes of transparency of BBG 

operations. Moreover, this rule is not 

significant in nature and impact on the 

public, since the BBG makes all program 

materials available on its public Web 

sites at no cost. Accordingly, BBG finds 

that normal public rulemaking 

procedures are impracticable and 

unnecessary, and that there is good 

cause under 5 U.S.C. 553 (b)(B) and 

(d)(3) to exempt this rule from public 

rulemaking procedures and to 

implement this rule upon publication. 

Without prejudice to BBG’s 

determination that there is good cause 

to exempt this rule from public 

rulemaking procedures, in the interests 

of transparency and public 

participation, BBG is publishing this 

rule as an interim final rule with a 

discretionary 60-day provision for 

public comment. 

Furthermore, because this is a 

substantive rule that relieves restrictions 

imposed by previous versions of 22 

U.S.C. 1461 and 1461–1a, the Agency 

may implement this rule at the time of 

publication under 5 U.S.C. 553(d)(1). 

This rule does not require or prompt the 

public to take any action; rather, it 

functions to relieve the prohibition that 

prevented the Agency from responding 

to requests for program materials from 

the U.S. public, U.S. media entities, or 

other U.S. organizations. This rule 

benefits the public, media, and other 

organizations by allowing them to 

request and access BBG program 

materials, which previously could not 

be disseminated within the U.S. 

The BBG seeks public comment on all 

aspects of this interim final rule and 

will carefully review any comments it 

receives. The BBG will publish a 

response in the Federal Register to any 

significant, adverse comments it 

receives, along with any modifications 

to this rule, within 60 days after the 

deadline for public comment. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business Impacts 

Because this interim final rule is 

exempt from 5 U.S.C. 553 under 5 

U.S.C. 553(b)(B), (d)(1), and (d)(3), and 

because no other law requires BBG to 

give notice of such rulemaking, this 

interim final rule is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) or Executive Order 13272, 

section 3(b). In addition, this interim 

final rule will not have an impact on 

small businesses or other small entities, 

because, under this rule, BBG only 

responds to requests for program 

materials. 

Executive Order 12866 and 13563 

Because this interim final rule is 

exempt from 5 U.S.C. 553 under 5 

U.S.C. 553(b)(B), (d)(1), and (d)(3), this 

interim final rule is exempt from the 

requirements of Executive Order 12866 

and 13563. BBG has, nevertheless, 

reviewed the interim final rule to ensure 

its consistency with the regulatory 

philosophy and principles set forth in 

those Executive Orders. This rule has 

been designated a non-significant 

regulatory action as defined by 

Executive Order 12866. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million in any 

year; and it will not significantly or 

uniquely affect small governments. 

Therefore, this rule contains no Federal 

mandates as defined in the Unfunded 

Mandates Reform Act of 1995, and this 

rule is not subject to the requirements 

of sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804 for the purposes 

of Congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 801–808). This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of U.S.-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

Executive Order 13132, Federalism 

The policies contained in this rule do 

not have any substantial, direct effect on 

states, on the relationship between the 

Federal Government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of the Government. Nor does this 

rule impose substantial direct 

compliance costs on state and local 

governments. Therefore, consultation 

with the states is not required. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The BBG has determined that this 

rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

List of Subjects in 22 CFR Part 502 

Broadcasting, Foreign relations, News 

media, Public affairs, Radio, Recordings, 

Smith-Mundt, Television. 

Accordingly, the Broadcasting Board 

of Governors amends chapter V, title 22, 

Code of Federal Regulations by adding 

part 502 to read as follows: 

PART 502—DOMESTIC REQUESTS 

FOR BROADCASTING BOARD OF 

GOVERNORS PROGRAM MATERIALS 

Sec. 

502.1 Authority and scope. 

502.2 Definitions. 

502.3 Availability of program materials on 

public Web sites. 

502.4 Media or organization one-time 

requests for broadcast quality agency 

program materials. 

502.5 Media or organization requests for 

ongoing subscriptions to broadcast 

quality agency program materials. 

502.6 Terms of use for accessing program 

materials available on agency Web sites. 

502.7 Denial of requests. 

502.8 Fees. 

Authority: 22 U.S.C. 1461, 1461–1a. 

§ 502.1 Authority and scope. 

(a) Authority for this part. This part is 

pursuant to Section 1078 of the National 

Defense Authorization Act for Fiscal 

Year 2013, Public Law 112–239, as 

codified in 22 U.S.C. 1461, 1461–1a and 

the U.S. International Broadcasting Act, 

22 U.S.C. 6201 et seq. 

(b) Scope. This part applies to the 

public and all divisions of the Federal 

Government supervised by the 

Broadcasting Board of Governors under 

the U.S. International Broadcasting Act 

of 1994 (collectively ‘‘the Agency’’). 


emcdonald on DSK67QTVN1PROD with RULES
39586 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 

These regulations only cover the 

procedures for responding to domestic 

requests for Agency program materials. 

(c) Summary. 

(1) The Broadcasting Board of 

Governors supervises all U.S. nonmilitary international broadcasting 

activities in accordance with the 

broadcasting principles and standards 

in the U.S. International Broadcasting 

Act of 1994, 22 U.S.C. 6201 et seq., 

including consistency with the broad 

foreign policy objectives of the United 

States. 

(2) As stated in the U.S. International 

Broadcasting Act of 1994, it is the policy 

of the United States to promote freedom 

of opinion and expression and to open 

communication of information and 

ideas among the people of the world. 

The Agency has adopted as its mission 

statement ‘‘to inform, engage, and 

connect people around the world in 

support of freedom and democracy.’’ 

(3) It is the Agency’s policy to make 

its program materials available, upon 

request, whenever doing so is consistent 

with all statutory authorities, 

prohibitions, principles, and standards. 

However, the Agency reserves the right 

to deny requests for program materials 

under circumstances described in 

Section 502.7 of this regulation. 

(4) Pursuant to section 501 of the U.S. 

Information and Educational Exchange 

Act, as amended, as codified in 22 

U.S.C. 1461, the Agency may, upon 

request, provide members of the public, 

organizations, and media with program 

materials which the Agency 

disseminated abroad, in accordance 

with these regulations. 

(5) Pursuant to Section 208 of Foreign 

Relations Authorization Act, Fiscal 

Years 1986 and 1987, as amended, as 

codified at 22 U.S.C. 1461–1a, the 

Agency is prohibited from using 

appropriated funds to influence public 

opinion in the United States, however, 

the statute clarifies that the Agency 

may: 

(i) Provide information about its 

operations, programs, or program 

materials to the media, the public, or 

Congress in accordance with applicable 

law; 

(ii) Make program materials available 

in the Unites States, when appropriate, 

and in accordance with other applicable 

law. 

§ 502.2 Definitions. 

As used in this part: 

(a) Media entity means any person or 

entity, that actively gathers information 

of potential interest to a segment of the 

public, turns gathered information into 

a distinct work, or distributes that work 

to an audience within the United States, 

and otherwise serves the purposes 

described in § 502.4. 

(b) Organization means any 

corporation, trust, association, 

cooperative, or other group organized 

primarily for scientific, educational, 

service, charitable, or similar purpose, 

including but not limited to institutions 

of higher education, and otherwise 

serves the purposes described in 

§ 502.4. 

(c) Program materials means radio 

broadcasts, television broadcasts, and 

Internet content that the Agency 

disseminates to audiences outside of the 

United States, pursuant to: The U.S. 

Information and Educational Exchange 

Act of 1948 (22 U.S.C. 1461 et seq.); The 

U.S. International Broadcasting Act of 

1994 (22 U.S.C. 6201 et seq.); The Radio 

Broadcasting to Cuba Act (22 U.S.C. 

1465 et seq.); or The Television 

Broadcasting to Cuba Act (22 U.S.C. 

1465aa et seq.). 

(d) Requestor means any private 

person or entity within the United 

States that requests program materials 

from the Agency. 

§ 502.3 Availability of program materials 

on public Web sites. 

(a) The Agency makes program 

materials available to Requestors 

through the Agency’s news and 

information Web sites designed for 

foreign audiences. To access currentlyavailable Agency program materials, 

please visit www.voanews.com and 

www.martinoticias.com. The homepages 

of these Web sites display a portion of 

the Agency’s most recent news 

reporting. Additional program materials 

are available through the Web sites’ 

search functions. 

(b) Program materials are available on 

Agency Web sites after their 

dissemination abroad, and may be 

removed from Agency Web sites solely 

at the Agency’s discretion. The Agency 

will remove program materials from 

Agency Web sites when a National 

Archives and Records Administration 

(NARA) records schedule goes into 

effect, or when required by licensing 

agreements with third-party copyright 

holders. Once these program materials 

have been removed from Agency Web 

sites, they are no longer available from 

the Agency. 

(1) When full programs are removed 

from the Agency’s Web sites in 

accordance with a NARA records 

schedule, programs designated as 

permanent will be transferred to NARA. 

For information on how to request 

Agency program materials that have 

been transferred to NARA, see the 

Agency’s records schedules and NARA’s 

regulations at www.nara.gov. 

(2) Programs designated as temporary 

under a NARA records schedule will 

not be retained by the Agency once they 

are removed from the Agency’s Web 

sites and are no longer needed for the 

Agency’s use. 

(c) Segments incorporated into final 

programs, including music, interviews, 

reports, and other program elements, 

will not be transferred to NARA 

independently of full program 

recordings, and will not be available 

after they have been removed from 

Agency Web sites. 

(d) Draft program materials, and any 

other program materials not selected for 

dissemination abroad, are not available. 

(e) The Agency shall determine the 

method of making program materials 

available, as well as the file type, file 

format, resolution, and storage 

medium(s) that are available. Program 

materials are only available in the same 

form (i.e. radio or television file-type 

and file format) and language in which 

the Agency disseminated them abroad. 

§ 502.4 Media or organization one-time 

requests for broadcast quality agency 

program materials. 

Upon request, the Agency may 

provide a broadcast-quality copy of 

Agency program materials to Media 

entities, educational organizations, notfor-profit corporations, or other 

organizations, provided that the Agency 

determines that fulfilling such a request 

for a broadcast-quality copy of the 

materials would serve the Agency’s 

statutory mission, and that providing 

the program material is consistent with 

the Agency Policy for domestic 

distribution which incorporates the 

Broadcasting principles and standards, 

as well as other requirements, found in 

22 U.S.C. 1461, 1461–1a, 1462, 6201, 

6202, 6203, 6204, 6205, 6206; Public 

Law 112–239, section 1078(b), 126 Stat. 

1632, 1958; agreements with thirdparties who hold a copyright in Agency 

program materials; and Terms of Use on 

Agency Web sites. Please see § 502.5 for 

information on ongoing subscriptions to 

broadcast quality Agency program 

materials. One-time requests for 

broadcast quality copies of Agency 

program materials should be directed to: 

(a) The Voice of America Office of 

Public Relations for broadcast-quality 

copies of Voice of America program 

materials; and 

(b) The TV Marti Division of the 

Office of Cuba Broadcasting for 

broadcast-quality copies of TV or Radio 

Marti program materials. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 39587 

§ 502.5 Media or organization requests for 

ongoing subscriptions to broadcast quality 

agency program materials. 

(a) Upon request, the Agency may 

make program materials available on an 

ongoing basis to Media entities, or other 

organizations, through a subscription 

agreement, provided that the Agency 

determines that entering into a 

subscription agreement to make 

program materials available on an 

ongoing basis would be consistent with 

the Agency’s mission and authorities. 

Requested, ongoing subscription 

agreements must be consistent with the 

Agency’s Policy for domestic 

distribution which incorporates the 

Broadcasting principles and standards. 

And other requirements, found in 22 

U.S.C. 1461, 1461–1a, 1462, 6201, 6202, 

6203, 6204, 6205, 6206; Public Law 

112–239, section 1078(b), 126 Stat. 

1632, 1958; agreements with thirdparties that hold a copyright in Agency 

program materials; and Terms of Use on 

Agency Web sites. Please see § 502.4 for 

information on one-time requests for 

broadcast quality Agency program 

materials. 

(b) Media entities, or other 

organizations, may request ongoing 

subscriptions by filling out an 

application form found on the Web site 

for the Direct System, the Agency’s 

professional distribution system. 

§ 502.6 Terms of use for accessing 

program materials available on agency Web 

sites. 

(a) By accessing Agency Web sites, 

Requestors agree to all the Terms of Use 

available on those Web sites. 

(b) All Requestors are advised that 

Agency program materials may contain 

third-party copyrighted material, unless 

the Agency specifically informs the 

Requestor otherwise. Accordingly, and 

as further explained in the Terms of Use 

mentioned above, by using Agency Web 

sites to access program materials: 

(1) The Requestor agrees that he or 

she is solely responsible for his or her 

use of program materials provided by 

the Agency and any copyrighted 

portion(s) of those materials; 

(2) The Requestor agrees that he or 

she shall secure all necessary licenses 

from all persons or organizations that 

hold a copyright in any portion of 

requested program materials before 

making any use of those program 

materials, except uses of program 

materials permitted by the Copyright 

Act of 1976, as amended. Permitted uses 

include: use of works for which 

copyright protections have lapsed or 

expired; use for private viewing, study, 

scholarship, or research purposes; or 

uses permitted under the fair use 

provisions of 17 U.S.C. 107. 

§ 502.7 Denial of requests. 

(a) The Agency reserves the right to 

deny any request for program materials 

made pursuant to these regulations for 

cause, including but not limited to the 

following circumstances: 

(1) For a Requestor’s failure to comply 

with the Terms of Use on Agency Web 

sites; 

(2) For a Requestor’s failure to secure 

necessary rights and licenses to use 

third-party copyrighted materials when 

the Requestor uses Agency program 

materials in any way not explicitly 

permitted by the Copyright Act of 1976, 

as amended; 

(3) When the Agency’s distribution of 

program materials is restricted by an 

agreement with a third-party that holds 

a copyright in a portion of Agency 

program materials; 

(4) If providing the requested 

materials would be inconsistent with 

the Agency’s statutory authorities, the 

broadcasting element’s charter, or any 

applicable law or regulation. 

(b) For more information on the 

criteria for accepting or denying 

requests, please see the Agency’s policy 

for domestic distribution, available at 

www.bbg.gov. 

§ 502.8 Fees. 

(a) The Agency makes program 

material available at no cost on 

www.voanews.com and 

www.martinoticias.com. 

(b) The Agency may collect a fee for 

reimbursement of the reasonable costs 

incurred to fulfill a request for Agency 

program materials, including ongoing 

subscriptions for Media entities and 

one-time requests for broadcast-quality 

copies of Agency program materials. 

Fees charged for ongoing subscriptions, 

if any, will be outlined in an agreement 

between the Media entity and the 

Agency. 

(c) The Agency reserves the right to 

establish and change fees in accordance 

with applicable law and regulation. 

Dated: June 13, 2013. 

Richard M. Lobo, 

Director, International Broadcasting Bureau. 

[FR Doc. 2013–14505 Filed 7–1–13; 8:45 am] 

BILLING CODE 8610–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

23 CFR Parts 1200, 1205, 1206, 1250, 

1251, 1252, 1313, 1335, 1345, 1350 

[Docket No. NHTSA–2013–0001] 

RIN 2127–AL30; RIN 2127–AL29 

Uniform Procedures for State Highway 

Safety Grant Programs 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Interim final rule; reopening of 

comment period. 

SUMMARY: NHTSA is extending through 

September 30, 2013, the period for 

interested persons to submit comments 

to its Interim Final Rule that that 

established new uniform procedures 

governing the implementation of State 

highway safety grant programs as 

amended by the Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21). 

DATES: The comment period for the 

interim final rule published January 23, 

2013, at 78 FR 4986, is reopened. 

Comments must be received by 

September 30, 2013. Comments received 

after that date will be considered to the 

extent possible. 

ADDRESSES: Written comments to 

NHTSA may be submitted using any 

one of the following methods: 

• Mail: Send comments to: Docket 

Management Facility, M–30, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Room W12–140, Washington, DC 20590. 

• Fax: Written comments may be 

faxed to (202) 493–2251. 

• Internet: To submit comments 

electronically, go to the U.S. 

Government regulations Web site at 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Hand Delivery: If you plan to 

submit written comments by hand or 

courier, please do so at 1200 New Jersey 

Avenue SE., West Building, Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Eastern 

Time, Monday through Friday, except 

Federal holidays. 

Whichever way you submit your 

comments, please remember to identify 

the docket number of this document 

within your correspondence. You may 

contact the docket by telephone at (202) 

366–9324. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 


emcdonald on DSK67QTVN1PROD with RULES