Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 269 

this paragraph (g) on a form prepared, 

and made available to Licensees, by the 

Collective. In the case of a minimum 

payment, or if a payment is owed for 

such month, the statement of account 

shall accompany the payment. A 

statement of account shall contain only 

the following information: 

(1) Such information as is necessary 

to calculate the accompanying royalty 

payment, or if no payment is owed for 

the month, to calculate any portion of 

the minimum fee recouped during the 

month; 

(2) The name, address, business title, 

telephone number, facsimile number (if 

any), electronic mail address and other 

contact information of the person to be 

contacted for information or questions 

concerning the content of the statement 

of account; 

(3) The account number assigned to 

the Licensee by the Collective for the 

relevant Business Establishment Service 

offering (if the Licensee has been 

notified of such account number by the 

Collective); 

(4) The signature of: 

(i) The owner of the Licensee or a 

duly authorized agent of the owner, if 

the Licensee is not a partnership or 

corporation; 

(ii) A partner or delegee, if the 

Licensee is a partnership; or 

(iii) An officer of the corporation, if 

the Licensee is a corporation; 

(5) The printed or typewritten name 

of the person signing the statement of 

account; 

(6) The date of signature; 

(7) If the Licensee is a partnership or 

corporation, the title or official position 

held in the partnership or corporation 

by the person signing the statement of 

account; 

(8) A certification of the capacity of 

the person signing; and 

(9) A statement to the following effect: 

I, the undersigned owner or agent of 

the Licensee, or officer or partner, have 

examined this statement of account and 

hereby state that it is true, accurate and 

complete to my knowledge after 

reasonable due diligence. 

(h) International Standard Recording 

Codes. Notwithstanding § 370.4(d)(2)(v) 

of this chapter, the Licensee must use 

International Standard Recording Codes 

(ISRCs) in its Reports of Use, where 

available and feasible. 

(i) * * * 

(1) However, in any case in which a 

Licensee has not provided a compliant 

Report of Use, whether for the License 

Period or otherwise, and the board of 

directors of the Collective determines 

that further efforts to seek the missing 

Report of Use from the Licensee would 

not be warranted, the Collective may 

determine that it will distribute the 

royalties associated with the Licensee’s 

missing Report of Use on the basis of a 

proxy data set approved by the board of 

directors of the Collective. 

* * * * * 

Dated: October 25, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

David R. Strickler, 

Copyright Royalty Judge. 

Steve Ruwe, 

Copyright Royalty Judge. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2023–28421 Filed 12–29–23; 8:45 am] 

BILLING CODE 1410–72–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 12–375; FCC 22–76; FR 

ID 193391] 

Rates for Interstate Inmate Calling 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, an 

information collection associated with 

the Commission’s 2022 ICS Order, FCC 

22–76 (September 30, 2022), in which 

the Commission, among other actions, 

adopted rules to improve access to 

communications services for 

incarcerated people with 

communication disabilities that expand 

the requirements for advanced 

Telecommunications Relay Service 

(TRS). This document is consistent with 

the 2022 ICS Order, which stated that 

the Commission would publish a 

document in the Federal Register 

announcing the effective date of this 

rule. 

DATES: The addition of 47 CFR 

64.6040(c) (amendatory instruction 11), 

published at 87 FR 75496 on December 

9, 2022, and delayed indefinitely, is 

effective on January 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

William Kehoe, Pricing Policy Division, 

Wireline Competition Bureau, (202) 

418–7122, or email William.kehoe@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on December 

14, 2023, OMB approved, for a period of 

three years, the information collection 

requirements relating to § 64.6040(c) of 

the Commission’s rules, as contained in 

the Commission’s 2022 ICS Order, FCC 

22–76, published at 87 FR 75496 on 

December 9, 2022. The OMB Control 

Number is 3060–1222. In the 2022 ICS 

Order, the Commission stated that the 

amendments to the rules were effective 

on January 9, 2023, except for the 

amendments to §§ 64.611(k)(1)(i) 

through (iii), 64.6040(c), and 

64.6060(a)(5) through (7), which were 

delayed pending OMB approval. The 

Commission publishes this document as 

an announcement of the effective date of 

§ 64.6040(c) only. 

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 Nicole 

Ongele, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20002. Please include 

the OMB Control Number, 3060–1222, 

in your correspondence. The 

Commission will also accept your 

comments via email at 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 

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 December 

14, 2023, for the information collection 

requirements contained in § 64.6040(c) 

of the Commission’s rules. 

Under 5 CFR part 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– 

1222. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

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

The data collection burdens and costs 

for the respondents are as follows: 

OMB Control Number: 3060–1222. 

OMB Approval Date: December 14, 

2023. 


ddrumheller on DSK120RN23PROD with RULES1
270 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

OMB Expiration Date: December 31, 

2026. 

Title: Inmate Calling Services (ICS) 

Provider Annual Reporting, 

Certification, and Other Requirements, 

WC Docket Nos. 23–62, 12–375, DA 23– 

656. 

Form Numbers: FCC Form 2301(a) 

and FCC Form 2301(b). 

Respondents: Business or other for 

profit. 

Number of Respondents and 

Responses: 30 respondents; 33 

responses. 

Estimated Time per Response: 5 

hours–1,200 hours. 

Frequency of Response: Annual 

reporting and certification requirements, 

third party disclosure and waiver 

requirements. 

Obligation to Respond: Mandatory. 

Statutory authority for this collection of 

information is contained in sections 1, 

2, 4(i)–(j), 5(c), 201(b), 218, 220, 225, 

255, 276, 403, and 716 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i)–(j), 

155(c), 201(b), 218, 220, 225, 255, 276, 

403, and 617, and the Martha WrightReed Just and Reasonable 

Communications Act of 2022, Public 

Law 117–338, 136 Stat. 6156. 

Total Annual Burden: 6,690 hours. 

Total Annual Cost: No cost. 

Needs and Uses: In 2015, the 

Commission released the Second Report 

and Order and Third Notice of Further 

Proposed Rulemaking, WC Docket No. 

12–375, 30 FCC Rcd 12763 (2015 ICS 

Order), in which it required that inmate 

calling services (ICS) providers file 

Annual Reports providing data and 

other information on their ICS 

operations, as well as Annual 

Certifications that reported data are 

complete and accurate and comply with 

the Commission’s ICS rules. Pursuant to 

the authority delegated it by the 

Commission in the 2015 ICS Order, the 

Wireline Competition Bureau (WCB) 

created a standardized reporting 

template (FCC Form No. 2301(a)) and a 

related certification of accuracy (FCC 

Form No. 2301(b)), as well as 

instructions to guide providers through 

the reporting process. See ICS Annual 

Reporting Form Word Template 

(Current), WC Docket No. 12–375 

https://www.fcc.gov/general/ics-datacollections (last visited December 18, 

2023) (Word Template); ICS Annual 

Reporting Form Excel Template 

(Current), WC Docket No. 12–375, 

https://www.fcc.gov/general/ics-datacollections (last visited December 18, 

2023) (Excel Template); ICS Annual 

Reporting and Certification Instructions 

(Current), WC Docket No. 12–375 

https://www.fcc.gov/general/ics-datacollections (last visited December 18, 

2023) (Instructions) (Certification 

Instructions); ICS Annual Report 

Certification Form (Current), WC Docket 

No. 12–375, https://www.fcc.gov/ 

general/ics-data-collections (last visited 

December 18, 2023) (Certification 

Form). 

In 2021, the Commission released the 

Third Report and Order, Order on 

Reconsideration, and Fifth Further 

Notice of Proposed Rulemaking 

(FNPRM) WC Docket No. 12–375, 36 

FCC Rcd 9519 (2021). The Commission 

revised its rules by adopting, among 

other things, lower interim rate caps for 

interstate calls, new interim rate caps 

for international calls, and a new rate 

cap structure that requires ICS providers 

to differentiate between legally 

mandated and contractually required 

site commissions. The revisions also 

included expanded consumer disclosure 

requirements, as well as new reporting 

requirements for providers seeking 

waivers of the Commission’s interstate 

and international rates. 

In 2022, the Commission released the 

Fourth Report and Order and Sixth 

Further Notice of Proposed Rulemaking, 

WC Docket No. 12–375, FCC 22–76 

(September 30, 2022). The Commission 

adopted numerous requirements to 

improve access to communications 

services for incarcerated people with 

communication disabilities and 

expanded the scope of the Annual 

Reports to reflect these new 

requirements. Pursuant to § 64.6040(c), 

the Commission required, among other 

things, that, as part of its obligation to 

provide access to telecommunications 

relay services (TRS), when an 

incarcerated person who has 

individually registered to use video 

relay service (VRS), internet protocol 

(IP) Relay, or internet protocol 

captioned telephone service (IP CTS) is 

released from incarceration or 

transferred to another correctional 

facility, the ICS provider must notify the 

TRS provider(s) with which the 

incarcerated person has registered. 

Under section § 64.6060(a)(5) through 

(7), the Commission amended the 

annual reporting and certification 

requirement to include, among other 

things, that ICS providers report, for 

each facility served, the types of TRS 

that can be accessed from the facility 

and the number of completed calls and 

complaints for TTY-to-TTY calls, 

American Sign Language (SL) point-topoint video calls, and each type of TRS 

for which access is provided. 

On January 5, 2023, the President 

signed into law the Martha Wright-Reed 

Just and Reasonable Communications 

Act of 2022, Public Law 117–338, 136 

Stat. 6156 (the Martha Wright-Reed Act 

or the Act), expanding the 

Commission’s statutory authority over 

communications services between 

incarcerated people and the nonincarcerated to include ‘‘any audio or 

video communications service used by 

inmates . . . regardless of the 

technology used.’’ The new Act also 

amends section 2(b) of the 

Communications Act of 1934, as 

amended (the Communications Act) to 

make clear that the Commission’s 

authority extends to intrastate as well as 

interstate and international 

communications services used by 

incarcerated people. 

The Act directs the Commission to 

‘‘promulgate any regulations necessary 

to implement’’ the statutory provisions, 

including its mandate that the 

Commission establish a ‘‘compensation 

plan’’ ensuring that all rates and charges 

for IPCS ‘‘are just and reasonable,’’ not 

earlier than 18 months and not later 

than 24 months after its January 5, 2023, 

enactment. The Act also requires the 

Commission to consider, as part of its 

implementation, the costs of 

‘‘necessary’’ safety and security 

measures, as well as ‘‘differences in 

costs’’ based on facility size, or ‘‘other 

characteristics.’’ It also allows the 

Commission to ‘‘use industry-wide 

average costs of telephone service and 

advanced communications services and 

the average costs of service of a 

communications service provider’’ in 

determining just and reasonable rates. 

On March 17, 2023, pursuant to the 

directive that the Commission 

implement the new Act and establish 

just and reasonable rates for 

incarcerated people’s communications 

services (IPCS), the Commission 

released Incarcerated People’s 

Communications Services; 

Implementation of the Martha WrightReed Act; Rates for Interstate Inmate 

Calling Services, WC Docket Nos. 23–62, 

12–375, Notice of Proposed Rulemaking 

and Order, FCC 23–19, 88 FR 20804 

(2023 IPCS Notice) and 88 FR 19001 

(Order) (2023 IPCS Order). The 

Commission sought comment on how to 

interpret the Act’s language to ensure 

that the Commission implements the 

statute in a manner that fulfills 

Congress’s intent. Because the 

Commission is now required or allowed 

to consider certain types of costs, the 

Act contemplates that it would 

undertake an additional data collection. 

To ensure that it has the data necessary 

to meet its substantive and procedural 

responsibilities under the Act, the 

Commission adopted the 2023 IPCS 

Order delegating authority to WCB and 

the Office of Economics and Analytics 


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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 271 

(OEA) to modify the template and 

instructions for the most recent data 

collection to the extent appropriate to 

timely collect such information to cover 

the additional services and providers 

now subject to the Commission’s 

authority. On April 28, 2023, WCB and 

OEA issued a Public Notice seeking 

comment on all aspects of the proposed 

data collection. WCB and OEA Seek 

Comment on Proposed 2023 Mandatory 

Data Collection for Incarcerated 

People’s Communication Services, WC 

Docket Nos. 23–62, 12–375, Public 

Notice, DA 23–355 (WCB/OEA April 28, 

2023). On July 26, 2023, WCB and OEA 

released an Order adopting instructions, 

a reporting template, and a certification 

form to implement the 2023 Mandatory 

Data Collection. Incarcerated People’s 

Communications Services; 

Implementation of the Martha WrightReed Act, Rates for Interstate Inmate 

Calling Services, WC Docket Nos. 23–62, 

12–375, Order, DA 23–638 (July 26, 

2023). In the 2023 IPCS Order, the 

Commission also reaffirmed and 

updated its prior delegation of authority 

to WCB and the Consumer and 

Governmental Affairs Bureau (CGB) 

(collectively, the Bureaus) to revise the 

instructions and reporting templates for 

the Annual Reports. Specifically, the 

Commission delegated to the Bureaus 

the authority to modify, supplement, 

and update the instructions and 

templates for the Annual Reports. 

On August 3, 2023, the Bureaus 

issued a Public Notice seeking comment 

on proposed revisions to the 

instructions, template, and certification 

form for the Annual Reports, https://

www.fcc.gov/proposed-2023-ipcsannual-reports, which are necessary to 

reflect the revised rules improving 

access to communications services for 

incarcerated people with 

communication disabilities adopted in 

the 2022 ICS Order and to help 

implement the Martha Wright-Reed Act 

to ensure just and reasonable rates for 

consumers and fair compensation for 

providers. Wireline Competition Bureau 

and Consumer and Governmental 

Affairs Bureau Seek Comment on 

Revisions to IPCS Providers’ Annual 

Reporting and Certification 

Requirements, Public Notice, WC 

Docket Nos. 23–62, 12–375, DA 23–656 

(August 3, 2023). https://www.fcc.gov/ 

document/2023-incarcerated-peoplescommunications-services-annualreports-pn. Notice of this document was 

published in the Federal Register at 88 

FR 53850 on August 9, 2023. 

The Bureaus have not yet issued an 

Order adopting revisions to the 

instructions, template, and certification 

form for the Annual Reports. To 

effectuate the improved access to 

communications services for 

incarcerated people with 

communication disabilities required by 

§ 64.6040(c) of the Commission’s rules, 

the Bureaus divided the information 

requirements and burdens of this 

information collection into two PRA 

submissions to OMB, with the first 

seeking approval of the new information 

requirements associated with 

§ 64.6040(c) of the Commission’s rules. 

OMB approved the revised information 

collection on December 14, 2023. Upon 

release of an Order adopting revisions to 

the instructions, template, and 

certification form for the Annual 

Reports, the Bureaus will seek OMB 

approval of any revised information 

requirements adopted in that Order, as 

well as the new information 

requirements in § 64.6060(a)(5) through 

(7), which expands the rule requiring 

the filing of Annual Reports to include 

additional data related to access to 

communications services for 

incarcerated people with 

communication disabilities. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

[FR Doc. 2023–28765 Filed 1–2–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231222–0315] 

RIN 0648–BL98 

Snapper-Grouper Fishery of the South 

Atlantic Region; Golden Crab Fishery 

of the South Atlantic Region; Dolphin 

and Wahoo Fishery of the Atlantic; 

Acceptable Biological Catch Control 

Rules 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement amendments to the Fishery 

Management Plans (FMPs) for the 

Snapper-Grouper Fishery, the Golden 

Crab Fishery, and the Dolphin and 

Wahoo Fishery, referenced here as the 

Acceptable Biological Catch (ABC) 

Control Rule Amendments. This final 

rule modifies the ABC control rules, 

allows the phase-in of subsequent ABC 

changes, allows some carry-over of an 

unharvested portion of the annual catch 

limit (ACL) to the following fishing 

year, and modifies the FMP framework 

procedures to implement carry-overs of 

ACLs when appropriate. NMFS also 

implements an administrative 

clarification to existing regulations for 

the Snapper-Grouper FMP framework 

procedure. The purpose of this final rule 

is to ensure catch level 

recommendations are based on the best 

scientific information available, prevent 

overfishing while achieving optimum 

yield, and increase flexibility in setting 

catch limits. 

DATES: This final rule is effective 

February 2, 2024. 

ADDRESSES: An electronic copy of the 

ABC Control Rule Amendments, which 

includes an environmental assessment, 

a fishery impact statement, and a 

regulatory impact review, may be 

obtained from the NMFS Southeast 

Regional Office website at https://

www.fisheries.noaa.gov/action/ 

comprehensive-acceptable-biologicalcatch-abc-control-rule-amendmentrevisions-abc-control. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, telephone: 727–824– 

5305, or email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper and golden 

crab fisheries are managed under the 

Snapper-Grouper FMP and Golden Crab 

FMP, respectively. The dolphin and 

wahoo fishery of the Atlantic is 

managed under the Dolphin and Wahoo 

FMP. These 3 FMPs were prepared by 

the South Atlantic Fishery Management 

Council (Council) and are implemented 

by NMFS through regulations at 50 CFR 

part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Council 

has developed, and NMFS has 

approved, the Comprehensive 

Acceptable Biological Catch Control 

Rule Amendment: Revisions to the 

Acceptable Biological Catch Control 

Rules and Specifications for Carry-Overs 

and Phase-Ins. The Council document is 

composed of Amendment 45 to the 

Snapper-Grouper FMP, Amendment 11 

to the Golden Crab FMP, and 

Amendment 11 to the Dolphin and 

Wahoo FMP. 

Background 

The Magnuson-Stevens Act requires 

that NMFS and the regional fishery 

management councils prevent 

overfishing and achieve, on a 

continuing basis, the optimum yield 

from federally managed fish stocks. 

These mandates are intended to ensure 


ddrumheller on DSK120RN23PROD with RULES1