48496 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

(4) An original and two (2) copies of

a petition requesting an exemption

based on the undue burden standard,

and all subsequent pleadings, shall be

filed in accordance with § 0.401(a) of

this chapter.

(5) The Commission will place the

petition on public notice.

(6) Any interested person may file

comments or oppositions to the petition

within 30 days of the public notice of

the petition. Within 20 days of the close

of the comment period, the petitioner

may reply to any comments or

oppositions filed.

(7) Comments or oppositions to the

petition shall be served on the petitioner

and shall include a certification that the

petitioner was served with a copy.

Replies to comments or oppositions

shall be served on the commenting or

opposing party and shall include a

certification that the commenter was

served with a copy.

(8) Upon a showing of good cause, the

Commission may lengthen or shorten

any comment period and waive or

establish other procedural requirements.

(9) All petitions and responsive

pleadings shall contain a detailed, full

showing, supported by affidavit, of any

facts or considerations relied on.

(10) The Commission may deny or

approve, in whole or in part, a petition

for an undue burden exemption from

the closed captioning requirements.

(11) During the pendency of an undue

burden determination, the video

programming subject to the request for

exemption shall be considered exempt

from the closed captioning

requirements.

(g) Complaint procedures.—(1) No

complaint concerning an alleged

violation of the closed captioning

requirements of this section shall be

filed with the Commission unless such

complaint is first sent to the video

programming distributor responsible for

delivery and exhibition of the video

programming. A complaint must be in

writing, must state with specificity the

alleged Commission rule violated and

must include some evidence of the

alleged rule violation. In the case of an

alleged violation by a television

broadcast station or other programming

for which the video programming

distributor is exempt from closed

captioning responsibility pursuant to

paragraph (e)(9) of this section, the

complaint shall be sent directly to the

station or owner of the programming. A

video programming distributor receiving

a complaint regarding such

programming must forward the

complaint within seven days of receipt

to the programmer or send written

instructions to the complainant on how

to refile with the programmer.

(2) A complaint will not be

considered if it is filed with the video

programming distributor later than the

end of the calendar quarter following

the calendar quarter in which the

alleged violation has occurred.

(3) The video programming

distributor must respond in writing to a

complaint no later than 45 days after the

end of the calendar quarter in which the

violation is alleged to have occurred or

45 days after receipt of a written

complaint, whichever is later.

(4) If a video programming distributor

fails to respond to a complaint or a

dispute remains following the initial

complaint resolution procedures, a

complaint may be filed with the

Commission within 30 days after the

time allotted for the video programming

distributor to respond has ended. An

original and two (2) copies of the

complaint, and all subsequent pleadings

shall be filed in accordance with

§ 0.401(a) of this chapter. The complaint

shall include evidence that

demonstrates the alleged violation of the

closed captioning requirements of this

section and shall certify that a copy of

the complaint and the supporting

evidence was first directed to the video

programming distributor. A copy of the

complaint and any supporting

documentation must be served on the

video programming distributor.

(5) The video programming

distributor shall have 15 days to

respond to the complaint. In response to

a complaint, a video programming

distributor is obligated to provide the

Commission with sufficient records and

documentation to demonstrate that it is

in compliance with the Commission’s

rules. The response to the complaint

shall be served on the complainant.

(6) Certifications from programming

suppliers, including programming

producers, programming owners,

networks, syndicators and other

distributors, may be relied on to

demonstrate compliance. Distributors

will not be held responsible for

situations where a program source

falsely certifies that programming

delivered to the distributor meets our

captioning requirements if the

distributor is unaware that the

certification is false. Video

programming providers may rely on the

accuracy of certifications. Appropriate

action may be taken with respect to

deliberate falsifications.

(7) The Commission will review the

complaint, including all supporting

evidence, and determine whether a

violation has occurred. The Commission

shall, as needed, request additional

information from the video

programming provider.

(8) If the Commission finds that a

violation has occurred, penalties may be

imposed, including a requirement that

the video programming distributor

deliver video programming containing

closed captioning in an amount

exceeding that specified in paragraph

(b) of this section in a future time

period.

(h) Private rights of action

prohibited.—Nothing in this section

shall be construed to authorize any

private right of action to enforce any

requirement of this section. The

Commission shall have exclusive

jurisdiction with respect to any

complaint under this section.

[FR Doc. 97–24504 Filed 9–15–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 193

[Docket No. PS–151; Amdt. 193–13]

RIN 2137–AC 88

Liquefied Natural Gas Regulations—

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Correcting RIN numbers.

SUMMARY: This document corrects the

RIN number of direct final rule [Docket

No. PS–151; Amdt. 193–13], published

in the Federal Register on February 25,

1997 (62 FR 8402). In the document

heading on page 8402, the RIN number

‘‘RIN 2137–AC91’’ is changed to read

‘‘RIN 2137–AC88.’’ The direct final rule

updates Liquefied Natural Gas (LNG)

regulations by replacing older models

for calculating distances for gas

dispersion and thermal radiations with

the current models. This document also

corrects the RIN number of the Notice

[Docket No. PS–151; Notice 1],

published in the Federal Register on

July 8, 1997 (62 FR 36465). In the

document heading on page 36465, the

RIN number ‘‘RIN 2137–AC91’’ is

changed to read ‘‘RIN 2137–AC88.’’ The

notice confirmed the effective date of

the direct final rule above.

EFFECTIVE DATE: September 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Mike Israni, (202) 366–4571.
Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48497

Issued in Washington, DC, on September

11, 1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–24569 Filed 9–15–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002 and 1108

[STB Ex Parte No. 560]

Arbitration of Certain Disputes Subject

to the Statutory Jurisdiction of the

Surface Transportation Board

AGENCY: Surface Transportation Board,

DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects the

final rule published in the Federal

Register on September 2, 1997, 62 FR

46217, allowing arbitration of certain

disputes subject to the jurisdiction of

the Surface Transportation Board, to

include the necessary small business

impact certification.

EFFECTIVE DATE: October 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Ellen Hanson, (202) 565–1558. [TDD for

the hearing impaired: (202) 565–1695.]

SUPPLEMENTARY INFORMATION: The

Surface Transportation Board (Board)

has adopted rules providing a means for

the binding, voluntary arbitration of

certain disputes subject to the statutory

jurisdiction of the Board. By oversight,

the Board’s certification that these rules

will not have a significant economic

effect on a substantial number of small

entities (set forth on page 12 of the

Board’s decision) was not included in

the Federal Register notice.

Accordingly, in the final rule published

on September 2, 1997 (62 FR 46217),

make the following correction:

On page 46217, in the first column, at

the end of the last complete paragraph

add the following sentence: ‘‘The Board

certifies that these rules will not have a

significant economic effect on a

substantial number of small entities.’’

By the Board, Vernon A. Williams,

Secretary.

Vernon A. Williams,

Secretary.

[FR Doc. 97–24409 Filed 9–15–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 090897C]

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna General Category

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS has determined that

the 1997 Atlantic bluefin tuna (ABT)

September period General category

subquota will be attained by September

13, 1997. Therefore, the General

category fishery for September will be

closed effective at 11:30 p.m. on

September 13, 1997. This action is being

taken to prevent overharvest of the

adjusted 195 metric tons (mt) subquota

for the September period.

DATES: Effective 11:30 p.m. local time

on September 13, 1997, through

September 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Pat Scida, 508–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285. Section

285.22 subdivides the U.S. quota

recommended by the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) among the

various domestic fishing categories.

General Category Closure

NMFS is required, under

§ 285.20(b)(1), to monitor the catch and

landing statistics and, on the basis of

these statistics, to project a date when

the catch of ABT will equal the quota

and publish a Federal Register

announcement to close the applicable

fishery.

Implementing regulations for the

Atlantic tuna fisheries at 50 CFR 285.22

provide for a subquota of 187 mt of large

medium and giant ABT to be harvested

from the regulatory area by vessels

permitted in the General category

during the period beginning September

1 and ending September 30. Due to an

underharvest of 8 mt in the June-August

period subquota, the September period

subquota was adjusted to 195 mt. Based

on reported catch and effort, NMFS

projects that this revised subquota will

be reached by September 13, 1997.

Therefore, fishing for, retaining,

possessing, or landing large medium or

giant ABT by vessels in the General

category must cease at 11:30 p.m. local

time September 13, 1997. For the

remainder of September, previously

designated restricted-fishing days are

waived, and anglers aboard General

category vessels may fish under rules

applicable for the Angling category. The

General category will reopen October 1,

1997 with a quota of 72 mt for the

October-December period. Note that this

October-December period subquota

includes a 10–mt set aside for the New

York Bight fishery. If necessary, the

October-December period subquota will

be adjusted based on actual landings

from the current period.

The intent of this closure is to prevent

overharvest of the September period

subquota established for the General

category.

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: September 10, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–24578 Filed 9–11–97; 2:56 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

091097D]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pollock in Statistical

Area 630 of the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for pollock in Statistical Area

630 of the Gulf of Alaska (GOA). This

action is necessary to prevent exceeding

the 1997 total allowable catch (TAC) for

pollock in this area.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), September 12, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT: FOR

FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486-6919.