24632 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Rules and Regulations 

(ii) Publish in the Federal Register a 

proposed rule to add such health 

condition; or 

(iii) Publish in the Federal Register 

the WTC Program Administrator’s 

determination not to publish a proposed 

rule and the basis for that 

determination; or 

(iv) Publish in the Federal Register a 

determination that insufficient evidence 

exists to take action under paragraph 

(a)(2)(i) through (iii) of this section. 

(3) The WTC Program Administrator 

may consider more than one petition 

simultaneously when the petitions 

propose the addition of the same health 

condition. Scientific/Technical 

Advisory Committee recommendations 

and Federal Register notices initiated 

by the WTC Program Administrator 

pursuant to paragraph (a)(2) of this 

section may respond to more than one 

petition. 

(4) The WTC Program Administrator 

shall be required to consider a new 

petition for a health condition 

previously reviewed by the WTC 

Program Administrator and determined 

not to qualify for addition to the list of 

WTC-related health conditions only if 

the new petition presents a new medical 

basis (i.e., not previously reviewed) for 

the association between the September 

11, 2001, terrorist attacks and the 

condition to be added. 

(b) The WTC Program Administrator 

may propose to add a condition to the 

list of WTC-related health conditions by 

publishing a proposed rule in the 

Federal Register and providing 

interested parties a period of 30 days to 

submit written comments. The WTC 

Program Administrator may extend the 

comment period for good cause. 

(1) If the WTC Program Administrator 

requests a recommendation from the 

WTC Health Program Scientific/ 

Technical Advisory Committee, the 

Advisory Committee shall submit its 

recommendation to the WTC Program 

Administrator no later than 60 days 

after the date of the transmission of the 

request or no later than a date specified 

by the Administrator (but not more than 

180 days after the request). If the WTC 

Program Administrator decides to 

publish a proposed rule or a 

determination not to publish a proposed 

rule in the Federal Register, he or she 

shall do so no later than 60 days after 

the date of transmission of the Advisory 

Committee recommendation. 

(2) [Reserved] 

Dated: January 26, 2012. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2012–9425 Filed 4–24–12; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 14 

[CG Docket No. 10–213 and 10–145, WT 

Docket No. 96–198; FCC 11–151] 

Implementing the Provisions of the 

Communications Act of 1934, as 

Enacted by the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010 

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 document 

Implementing the Provisions of the 

Communications Act of 1934, as 

Enacted by the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010, (Report and 

Order). This notice is consistent with 

the Report and Order, which stated that 

the Commission would publish a 

document in the Federal Register 

announcing the effective date of those 

rules. 

DATES: The amendments to 47 CFR 14.5, 

14.20(d), 14.31, 14.32, and 14.34 

through 14.52, published at 76 FR 

82354, December 30, 2011, are effective 

April 25, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Rosaline Crawford, Disability Rights 

Office, Consumer and Governmental 

Affairs Bureau, at (202) 418–2075, or 

email Rosaline.Crawford@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on April 16, 

2012, OMB approved, for a period of 

three years, the information collection 

requirements contained in the 

Commission’s Report and Order, FCC 

11–151, published at 76 FR 82354, 

December 30, 2011. The OMB Control 

Number is 3060–1167. 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, 3060–1167, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov <mailto:PRA@fcc.gov>. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 

fcc504@fcc.gov <mailto: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 April 16, 

2012, for the information collection 

requirements contained in the 

Commission’s rules at 47 CFR 14.5, 

14.20(d), 14.31, 14.32, and 14.34 

through 14.52. 

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 OMB Control Number is 

3060–1167. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Pub. L. 104–13, October 1, 1995, and 

44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1167. 

OMB Approval Date: April 16, 2012. 

OMB Expiration Date: April 30, 2015. 

Title: Accessible Telecommunications 

and Advanced Communications 

Services and Equipment. 

Form Number: N/A. 

Type of Review: New collection. 

Respondents: Individuals or 

households; businesses or other forprofit entities; not-for-profit institutions. 

Number of Respondents and 

Responses: 9,454 respondents; 119,660 

responses. 

Estimated Time per Response: .50 to 

40 hours. 

Frequency of Response: Annual, one 

time, and on occasion reporting 

requirements; recordkeeping 

requirement; third-party disclosure 

requirement. 

Obligation to Respond: Mandatory. 

Statutory authority for this information 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Rules and Regulations 24633 

collection is contained in sections 1–4, 

255, 303(r), 403, 503, 716, 717, and 718 

of the Act, 47 U.S.C. 151–154, 255, 

303(r), 403, 503, 617, 618, and 619. 

Total Annual Burden: 408,695 hours. 

Total Annual Cost: $110,588. 

Nature and Extent of Confidentiality: 

Confidentiality is an issue to the extent 

that individuals and households 

provide personally identifiable 

information, which is covered under the 

FCC’s system of records notice (SORN), 

FCC/CGB–1, ‘‘Informal Complaints and 

Inquiries.’’ As required by the Privacy 

Act, 5 U.S.C. 552a, the Commission also 

published a SORN, FCC/CGB–1 

‘‘Informal Complaints and Inquiries,’’ in 

the Federal Register on December 15, 

2009 (74 FR 66356) which became 

effective on January 25, 2010. 

In addition, upon the service of an 

informal or formal complaint, a service 

provider or equipment manufacturer 

must produce to the Commission, upon 

request, records covered by 47 CFR 

14.31 of the Commission’s rules and 

may assert a statutory request for 

confidentiality for these records. All 

other information submitted to the 

Commission pursuant to Subpart D of 

Part 14 of the Commission’s rules or to 

any other request by the Commission 

may be submitted pursuant to a request 

for confidentiality in accordance with 

47 CFR 0.459 of the Commission’s rules. 

Privacy Impact Assessment: Yes. The 

Privacy Impact Assessment (PIA) was 

completed on June 28, 2007. It may be 

reviewed at: <http://www.fcc.gov/omd/ 

privacyact/ 

Privacy_Impact_Assessment.html>. The 

Commission is in the process of 

updating the PIA to incorporate various 

revisions made to the SORN. 

Note: The Commission will prepare a 

revision to the SORN and PIA to cover the 

PII collected related to this information 

collection, as required by OMB’s 

Memorandum M–03–22 (September 26, 

2003) and by the Privacy Act, 5 U.S.C. 552a. 

Needs and Uses: On October 7, 2011, 

in document FCC 11–151, the 

Commission released a Report and 

Order adopting final rules to implement 

sections 716 and 717 of the 

Communications Act of 1934 (the Act), 

as amended, which were added to the 

Act by the ‘‘Twenty-First Century 

Communications and Video 

Accessibility Act of 2010’’ (CVAA). See 

Public Law 111–260, § 104. Section 716 

of the Act requires providers of 

advanced communications services and 

manufacturers of equipment used for 

advanced communications services to 

make their services and equipment 

accessible to individuals with 

disabilities, unless doing so is not 

achievable. See 47 U.S.C. 617. Section 

717 of the Act establishes new 

recordkeeping requirements and 

enforcement procedures for service 

providers and equipment manufacturers 

that are subject to sections 255, 716, and 

718 of the Act. See 47 U.S.C. 618. 

Section 255 of the Act requires 

telecommunications and interconnected 

VoIP services and equipment to be 

accessible, if readily achievable. See 47 

U.S.C. 255. Section 718 of the Act 

requires web browsers included on 

mobile phones to be accessible to and 

usable by individuals who are blind or 

have a visual impairment, unless doing 

so is not achievable. See 47 U.S.C. 619. 

Specifically, the rules adopted in 

document FCC 11–151 have the 

following possible related information 

collection requirements: 

(a) The rules adopted in document 

FCC 11–151 establish procedures for 

advanced communications service 

providers and equipment manufacturers 

to seek waivers from the accessibility 

obligations of section 716 of the Act 

and, in effect, waivers from the 

recordkeeping requirements and 

enforcement procedures of section 717 

of the Act. Waiver requests may be 

submitted for individual or class 

offerings of services or equipment 

which are designed for multiple 

purposes, but are designed primarily for 

purposes other than using advanced 

communications services. All such 

waiver petitions will be put on public 

notice for comments and oppositions. 

(b) The CVAA and the rules adopted 

in document FCC 11–151 require 

service providers and equipment 

manufacturers that are subject to 

sections 255, 716, or 718 of the Act to 

maintain records of the following: (1) 

Their efforts to consult with people with 

disabilities; (2) descriptions of the 

accessibility features of their products 

and services; and (3) information about 

the compatibility of their products with 

peripheral devices or specialized 

customer premises equipment 

commonly used by individuals with 

disabilities to achieve access. These 

recordkeeping requirements are 

necessary to facilitate enforcement of 

accessibility obligations. Document FCC 

11–151 provides flexibility by allowing 

covered entities to keep records in any 

format, recognizing the unique 

recordkeeping methods of individual 

entities. Because complaints regarding 

accessibility of a service or equipment 

may not occur for years after the release 

of the service or equipment, covered 

entities must keep records for two years 

from the date the service ceases to be 

offered to the public or the equipment 

ceases to be manufactured. Service 

providers and equipment manufacturers 

are not required to keep records of their 

consideration of achievability or the 

implementation of accessibility, but 

they must be prepared to carry their 

burden of proof in any enforcement 

proceeding, which requires greater than 

conclusory or unsupported claims. 

(c) The CVAA and the rules adopted 

in document FCC 11–151 require an 

officer of service providers and 

equipment manufacturers that are 

subject to sections 255, 716, or 718 of 

the Act to certify annually to the 

Commission that records are kept in 

accordance with the recordkeeping 

requirements. The certification must be 

supported with an affidavit or 

declaration under penalty of perjury, 

signed and dated by an authorized 

officer of the entity with personal 

knowledge of the representations 

provided in the company’s certification, 

verifying the truth and accuracy of the 

information. The certification must also 

identify the name and contact details of 

the person or persons within the 

company that are authorized to resolve 

accessibility complaints, and the agent 

designated for service of process. The 

certification must be filed with the 

Consumer and Governmental Affairs 

Bureau on or before April 1 each year 

for records pertaining to the previous 

calendar year. The certification must be 

updated when necessary to keep the 

contact information current. 

(d) The Commission also established 

procedures in document FCC 11–151 to 

facilitate the filing of formal and 

informal complaints alleging violations 

of sections 255, 716, or 718 of the Act. 

Those procedures include a 

nondiscretionary pre-filing notice 

procedure to facilitate dispute 

resolution. As a prerequisite to filing an 

informal complaint, complainants must 

first request dispute assistance from the 

Consumer and Governmental Affairs 

Bureau’s Disability Rights Office. 

The rules adopted in document FCC 

11–151 temporarily exempt advanced 

communications service providers and 

equipment manufacturers from the 

accessibility obligations of section 716 

of the Act and, in effect, from the 

recordkeeping requirements and 

enforcement procedures of section 717 

of the Act, if they qualify as small 

business concerns under the Small 

Business Administration’s (SBA) rules 

and size standards for the industry in 

which they are primarily engaged. 

These size standards are based on the 

maximum number of employees or 

maximum annual receipts of a business 

concern. The SBA categorizes industries 

for its size standards using the North 


srobinson on DSK4SPTVN1PROD with RULES
24634 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Rules and Regulations 

American Industry Classification 

System (NAICS). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

the Managing Director. 

[FR Doc. 2012–9912 Filed 4–24–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100804324–1265–02] 

RIN 0648–BC11 

Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures; request for comments. 

SUMMARY: This final rule announces an 

inseason change to management 

measures in the Pacific Coast groundfish 

fisheries. This action, which is 

authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), is intended to allow fisheries to 

access more abundant groundfish stocks 

while protecting overfished and 

depleted stocks. This rule also 

implements changes to the incidental 

retention allowance for halibut in the 

primary sablefish fishery under the 

authority of the Northern Pacific Halibut 

Act. 

DATES: Effective 0001 hours (local time) 

May 1, 2012. Comments on this final 

rule must be received no later than May 

25, 2012. 

ADDRESSES: You may submit comments, 

identified by FDMS docket number 

NOAA–NMFS–2010–0194 by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Colby 

Brady 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070, Attn: 

Colby Brady. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

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. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Colby Brady (Northwest Region, NMFS), 

phone: 206–526–6117, fax: 206–526– 

6736, colby.brady@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpo.gov/fdsys/search/home.action. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 

Background 

The Pacific Coast Groundfish FMP 

and its implementing regulations at title 

50 in the Code of Federal Regulations 

(CFR), part 660, subparts C through G, 

regulate fishing for over 90 species of 

groundfish off the coasts of Washington, 

Oregon, and California. Groundfish 

specifications and management 

measures are developed by the Pacific 

Fishery Management Council (Council), 

and are implemented by NMFS. 

On November 3, 2010, NMFS 

published a proposed rule to implement 

the 2011–2012 harvest specifications 

and management measures for most 

species of the Pacific Coast groundfish 

fishery (75 FR 67810). The final rule to 

implement the 2011–12 harvest 

specifications and management 

measures for most species of the Pacific 

Coast Groundfish Fishery was published 

on May 11, 2011 (76 FR 27508). This 

final rule was subsequently amended by 

several inseason actions (76 FR 39313, 

76 FR 67092, 76 FR 79122, 77 FR 12503, 

77 FR 22679). On September 27, 2011, 

NMFS published a proposed rule to 

implement final 2012 specifications for 

overfished species and assessed flatfish 

species pursuant to Secretarial 

Amendment 1 to the Groundfish FMP 

(76 FR 59634). That final rule was 

effective January 1, 2012. These 

specifications and management 

measures are codified in the CFR 

(50 CFR part 660, subparts C through G). 

Changes to current groundfish 

management measures implemented by 

this action were recommended by the 

Council, in consultation with Pacific 

Coast Treaty Indian Tribes and the 

States of Washington, Oregon, and 

California, at its April 1–April 6, 2012 

meeting. The Council recommended 

adjusting the biennial groundfish 

management measures for the remainder 

of the biennial period to respond to 

updated fishery information and 

additional inseason management needs. 

The adjustment to fishery management 

measures are not expected to result in 

greater impacts to overfished species 

than originally projected through the 

end of 2012. Estimated mortality of 

overfished and target species are the 

result of management measures 

designed to achieve, to the extent 

possible, but not exceed, annual catch 

limits (ACLs) of target species while 

fostering the rebuilding of overfished 

stocks by remaining within their 

rebuilding ACLs. 

Limited Entry Fixed Gear Fishery 

Management Measures 

Sablefish Daily Trip Limit Fishery 

In 2011, the amount of sablefish 

harvested in the limited entry fixed gear 

sablefish daily trip limit (DTL) fishery 

North of 36° N. lat. exceeded its 

sablefish allocation by 60 mt above its 

collective target (the northern DTL fixed 

gear share). This did not impact the 

northern sablefish ACL, since the 

rationalized Individual Fishing Quota 

(IFQ) trawl fishery left 148 mt of 

sablefish un-harvested in the northern 

area. However, it is expected that since 

the IFQ fishery participants have one 

full year of experience in the IFQ 

fishery, then higher sablefish allocation 

attainments will be attained, in which 

case another overage by the northern LE 

fixed gear could possibly exceed the 

northern sablefish ACL. To ensure that 

harvest opportunities for this healthy 

stock do not exceed the northern LE 

fixed gear share allocation, the Council 

considered decreases to trip limits for 

sablefish in this fishery and the 

potential impacts on overall catch 

levels. Landings projections were made 

by the Council advisory Groundfish 

Management Team (GMT) for the 

northern LE fixed gear fishery under the 

current 2012 trip limit scenario, which 

projected an overage in the LE North 

fishery of 16%, or 43 mt. Projections for 

the other three fixed gear sablefish 

fisheries were tracking within their 

targets for 2012. 


srobinson on DSK4SPTVN1PROD with RULES