Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 7369 

of its rules to allow for the filing of 

contact information through a webform. 

Congressional Review Act 

The Commission has sent a copy of 

the document FCC 09–109 in a report to 

be sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act. 

Ordering Clause 

Pursuant to 47 U.S.C. 154(i), 303(r) 

and 613, document FCC 09–109 is 

adopted. 

List of Subjects in 47 CFR Part 79 

Cable television operators, 

Multichannel video programming 

distributors (MVPDs), Satellite 

television service providers, Television 

broadcasters. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 79 to 

read as follows: 

PART 79—CLOSED CAPTIONING OF 

VIDEO PROGRAMMING 

■ 1. The authority citation for part 79 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152(a), 154(i), 

303, 307, 309, 310, 613. 

■ 2. Section 79.1 is amending by 

revising paragraph (i)(3) to read as 

follows: 

§ 79.1 Closed captioning of video 

programming. 

* * * * * 

(i) * * * 

(3) Providing contact information to 

the Commission. Video programming 

distributors shall file the contact 

information described in this section 

with the Commission in one of the 

following ways: through a webform 

located on the FCC website; with the 

Chief of the Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau; or by sending an e-mail to 

CLOSED CAPTIONING_POC@fcc.gov. 

Contact information shall be available to 

consumers on the FCC Web site or by 

telephone inquiry to the Commission’s 

Consumer Center. Distributors shall 

notify the Commission each time there 

is a change in any of this required 

information within 10 business days. 

* * * * * 

[FR Doc. 2010–3264 Filed 2–18–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[CG Docket No. 05–321; FCC 09–71] 

Closed Captioning of Video 

Programming 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; stay of effectiveness. 

SUMMARY: In this document, the 

Commission temporarily stays the 

effectiveness of the closed captioning 

rule that requires video programming 

distributors in certain circumstances to 

forward closed captioning complaints to 

third parties. Because the ‘‘forwarding’’ 

requirement contained in the rule may 

conflict with statutory provisions under 

the Communications Act (the Act), a 

stay is appropriate pending review by 

the Commission of the ‘‘forwarding’’ 

provision of the rule. 

DATES: 47 CFR 79.1(g)(3), published at 

74 FR 1594, January 13, 2009, is stayed 

beginning February 19, 2010. 

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 at 

Amelia.Brown@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

FCC 09–71, Closed Captioning of Video 

Programming, CG Docket No. 05–231, 

Order Suspending Effective Date, 

adopted September 8, 2009, and 

released December 11, 2009. The full 

text of FCC 09–71 and copies of any 

subsequently filed documents in this 

matter will be available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. FCC 09–71 and 

copies of subsequently filed documents 

in this matter also may be purchased 

from the Commission’s duplicating 

contractor at Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. Customers may contact the 

Commission’s duplicating contractor at 

its Web site http://www.bcpiweb.com or 

by calling 1–800–378–3160. 

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) or (202) 418– 

0432 (TTY). FCC 09–71 also can be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

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

Synopsis 

1. On November 7, 2008, the 

Commission released 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, FCC 08–255, (2008 Closed 

Captioning Order), published at 74 FR 

1594, January 13, 2009, which, among 

other things, requires video 

programming distributors in certain 

circumstances to forward closed 

captioning complaints to third parties. 

Such a requirement, however, appears 

to conflict with certain provisions of the 

Act that prohibit disclosure of 

personally identifiable information to 

third parties. To avoid placing video 

programming distributors in the 

untenable position of having to choose 

whether to comply with the closed 

captioning rule or with a conflicting 

statutory provision, the Commission 

temporarily suspends the effective date 

of the rule while the Commission 

considers how to revise it. 

2. Specifically, amended 47 CFR 

79.1(g)(3), adopted in the 2008 Closed 

Captioning Order, appears to conflict 

with the prohibitions contained in 

Sections 631(c) and 338(i) of the Act. In 

particular, cable or satellite operators 

would violate these provisions if they 

complied with 47 CFR 79.1(g)(3) by 

forwarding complaints containing a 

subscriber’s personal information 

without first obtaining the subscriber’s 

consent to disclose personally 

identifiable information. Given this 

apparent conflict, the Commission finds 

good cause to suspend the effective date 

of 47 CFR 79.1(g)(3) temporarily without 

prior notice and comment. Because 

allowing this rule to take effect would 

subject companies to conflicting legal 

obligations, the Commission finds that 

seeking comment on whether to 

suspend the rule would be impractical, 

unnecessary, and contrary to the public 

interest. The Commission intends to 

issue a notice of proposed rulemaking to 

seek comment on a revised rule for 

handling closed captioning complaints, 

to replace 47 CFR 79.1(g)(3) as adopted 

in the 2008 Closed Captioning Order. 

Congressional Review Act 

The Commission will send a copy of 

the Order Suspending Effective Date in 

a report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. 


srobinson on DSKHWCL6B1PROD with RULES
7370 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 

Ordering Clause 

Pursuant to 47 U.S.C. 154(i), 303(r) 

and 613, the Order Suspending Effective 

Date is adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–3267 Filed 2–18–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

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

254; FCC 08–255] 

Closed Captioning of Video 

Programming; Closed Captioning 

Requirements for Digital Television 

Receivers 

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 

the Commission’s Closed Captioning of 

Video Programming; Closed Captioning 

Requirements for Digital Television 

Receivers, Declaratory Ruling and Order 

(2008 Closed Captioning Order). This 

notice is consistent with the 2008 

Closed Captioning Order, which stated 

that the Commission would publish a 

document in the Federal Register 

announcing the effective date of those 

rules. 

DATES: 47 CFR 79.1(g)(1) through (5), (i), 

published at 74 FR 1594, January 13, 

2009, is effective February 19, 2010. 

Video programming distributors must 

comply with 47 CFR 79.1(i) by March 

22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Amelia Brown, Disabilities Rights 

Office, Consumer and Governmental 

Affairs Bureau, at (202) 418–2799 

(voice) or (202) 418–7804 (TTY). 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 27, 

2009, OMB approved, for a period of 

three years, the information collection 

requirements contained in the 

Commission’s 2008 Closed Captioning 

Order, FCC 08–255, published at 74 FR 

1594, January 13, 2009. The OMB 

Control Number is 3060–0761. 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, 3060–0761, 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 

e-mail to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (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 July 27, 

2009, for the information collection 

requirements contained in the 

Commission’s rules at 47 CFR 79.1(g)(1) 

through (5) and 47 CFR 79.1(i). The 

OMB Control Number is 3060–0761. 

The total annual reporting burden for 

respondents for these collections of 

information, including the time for 

gathering and maintaining the collection 

of information, is estimated to be: 

14,283 respondents, 111,247 responses, 

a total annual hourly burden of 226,452 

hours, and $38,283,630 in total annual 

costs. 

Under 5 CFR 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 foregoing notice is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–3265 Filed 2–18–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2010–0015 

RIN 2127–AK60 

Federal Motor Vehicle Safety 

Standards; Door Locks and Door 

Retention Components 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; response to petitions 

for reconsideration; technical 

amendments. 

SUMMARY: This final rule responds to 

petitions for reconsideration of a 

February 6, 2007 final rule that 

amended Federal Motor Vehicle Safety 

Standard No. 206 to add and update 

requirements and test procedures and to 

harmonize with the world’s first global 

technical regulation for motor vehicles. 

This is the second of two documents 

responding to the petitions; an earlier 

final rule delayed the compliance date 

of the sliding door provisions for a year. 

In today’s document, the agency is 

granting some aspects of the petitions 

while denying other aspects, and makes 

several technical amendments to the 

regulatory text. 

DATES: This rule is effective February 

19, 2010. Any petitions for 

reconsideration of today’s final rule 

must be received by NHTSA not later 

than April 5, 2010. 

ADDRESSES: If you wish to petition for 

reconsideration of this rule, your 

petition should refer to the docket 

number and be submitted to: 

Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., West Building, 4th 

Floor, Washington, DC 20590. Note that 

all documents received will be posted 

without change to the docket, including 

any personal information provided. 

Please see the Privacy Act discussion 

under the section entitled, Rulemaking 

Analyses and Notices. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, contact Ms. Shashi 

Kuppa, Office of Crashworthiness 

Standards, by telephone at (202) 366– 

4902, or by fax at (202) 366–2990. For 

legal issues, contact Ms. Sarah Alves, 

Office of the Chief Counsel, by 

telephone at (202) 366–2992, or by fax 

at (202) 366–3820. 

Both persons may be reached by mail 

at the following address: National 

Highway Traffic Safety Administration, 


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