Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations 68107

exclusivity rights for the exhibition of

the program in question. Contracts

entered on or after November 29, 2000,

must contain the following words: ‘‘the

licensee [or substitute name] shall, by

the terms of this contract, be entitled to

invoke the protection against

duplication of programming imported

under the Statutory Copyright License,

as provided in § 76.122 or § 76.123 of

the FCC rules [or ’as provided in the

FCC’s satellite network non-duplication

or syndicated exclusivity rules’].’’

Contracts entered into prior to

November 29, 2000, must contain the

foregoing language plus a clear and

specific reference to the licensee’s

authority to exercise exclusivity rights

as to the specific programming against

signal carriage by the satellite carrier in

question, or by satellite carriage in

general in a protected, geographic or

specified zone. In the absence of such a

specific reference in contracts entered

into prior to November 29, 2000, the

provisions of these rules may be

invoked only if the contract is amended

to include the specific language

referenced in this section or a specific

written acknowledgment is obtained

from the party from whom the broadcast

exhibition rights were obtained that the

existing contract was intended, or

should now be construed by agreement

of the parties, to include such rights. A

general acknowledgment by a supplier

of exhibition rights that specific contract

language was intended to convey rights

under these rules will be accepted with

respect to all contracts containing that

specific language. Nothing in this

section shall be construed as a grant of

exclusive rights to a broadcaster where

such rights are not agreed to by the

parties.

§ 76.125 Indemnification contracts.

No television broadcast station

licensee shall enter into any contract to

indemnify a satellite carrier for liability

resulting from failure to delete

programming in accordance with the

provisions of this Subpart unless the

licensee has a reasonable basis for

concluding that such program deletion

is not required by this Subpart.

§ 76.127 Satellite sports blackout.

(a) Upon the request of the holder of

the broadcast rights to a sports event, or

its agent, no satellite carrier shall

retransmit to subscribers within the area

comprising the specified zone a

‘‘nationally distributed superstation’’ or

‘‘network station’’ carrying the live

television broadcast of a sports event if

the event is not available live on a

television broadcast station meeting the

criteria specified in § 76.128. For

purposes of this section, if there is no

television station licensed to the

community in which the sports event is

taking place, the applicable specified

zone shall be that of the television

station licensed to the community with

which the sports event or team is

identified, or, if the event or local team

is not identified with any particular

community, the nearest community to

which a television station is licensed.

(b) Notification of the programming to

be deleted pursuant to this Section shall

include the following information:

(1) The name and address of the party

requesting the program deletion;

(2) The date, time and expected

duration of the sports event the

television broadcast of which is to be

deleted;

(3) The call letters of the nationally

distributed superstation or network

station(s) from which the deletion is to

be made;

(4) The U.S. postal zip codes that

encompass the specified zone.

(c) Notifications given pursuant to

this section must be received by the

satellite carrier, as to regularly

scheduled events, within forty-eight (48)

hours after the time of the telecast to be

deleted is known, and no later than the

Monday preceding the calendar week

(Sunday through Saturday) during

which the program deletion is to be

made. Notifications as to events not

regularly scheduled and revisions of

notices previously submitted, must be

received within twenty-four (24) hours

after the time of the telecast to be

deleted is known, but in any event no

later than twenty-four (24) hours from

the time the subject telecast is to take

place.

(d) A satellite carrier is not required

to delete a sports event from an

individual subscriber who is located

outside the specified zone,

notwithstanding that the subscriber

lives within a zip code provided by the

holder of the broadcast rights pursuant

to paragraph (b) of this section.

(e) A satellite carrier is not required

to delete a sports event if it has fewer

than 1,000 subscribers within the

relevant specified zone who subscribe to

the nationally distributed superstation

or network station carrying the sports

event for which deletion is requested

pursuant to paragraph (b) of this section.

(f) Notwithstanding paragraph (c) of

this section, for sports events to be

deleted on or before March 31, 2001,

notification must be received by satellite

carriers at least 60 full days prior to the

day the telecast is to be deleted.

§ 76.128 Application of sports blackout

rules.

The cable and satellite sports blackout

rules (§§ 76.111 and 76.127) may apply

when the sports event is not available

live on any of the following television

broadcast stations carried by a cable

system or other MVPD:

(a) Television broadcast stations

within whose specified zone the

community of the community unit or

the community within which the

sporting event is taking place is located,

in whole or in part;

(b) Television broadcast stations

within whose Grade B contours the

community of the community unit or

the community within which the

sporting event is taking place is located,

in whole or in part;

(c) Television broadcast stations

licensed to other designated

communities which are generally

considered to be part of the same

television market (Example: Burlington,

Vt.-Plattsburgh, N.Y. or Cincinnati,

Ohio-Newport, Ky., television markets);

(d) Television broadcast stations that

are significantly viewed, pursuant to

§ 76.54, in the community unit or

community within the specified zone.

§ 76.130 Substitutions.

Whenever, pursuant to the

requirements of the network program

non-duplication, syndicated program

exclusivity, or sports blackout rules, a

satellite carrier is required to delete a

television program from retransmission

to satellite subscribers within a zip code

area, such satellite carrier may,

consistent with this Subpart, substitute

a program from any other television

broadcast station for which the satellite

carrier has obtained the necessary legal

rights and permissions, including but

not limited to copyright and

retransmission consent. Programs

substituted pursuant to this section may

be carried to their completion.

[FR Doc. 00–29028 Filed 11–13–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–2000–8258]

RIN No. 2127–AI10

Federal Motor Vehicle Safety

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

68108 Federal Register / Vol. 65, No. 220 / Tuesday, November 14, 2000 / Rules and Regulations

ACTION: Notice of technical workshop.

SUMMARY: This document announces

that NHTSA will hold a technical

workshop to give NHTSA an

opportunity to make sure it understands

the petitioners’ issues concerning some

of the test procedures for the advanced

air bag final rule issued earlier this year.

DATES: The workshop will be held

December 6, 2000, at the address listed

below. Lists of persons wishing to

participate in the workshop and the

names of the vehicle models that

participants wish to bring to the

workshop to demonstrate test dummy

positioning problems should be

provided to Ed Jettner at the address or

telephone number listed below by

November 22, 2000. Due to space and

time limitations, NHTSA may have to

limit the number of representatives per

organization as well as the number of

problematic vehicles that will be

examined.

ADDRESSES: The workshop will be held

at the Vehicle Research and Test Center

(VRTC), 10820 State Route 347, East

Liberty, Ohio 43319. Directions to VRTC

and the final agenda will be sent to

participants.

FOR FURTHER INFORMATION CONTACT: Ed

Jettner, Office of Crashworthiness

Standards, NPS–11, National Highway

Traffic Safety Administration, 400

Seventh Street, SW., Washington, DC

20590, telephone (202) 366–4917, Fax

(202) 366–4329, e-mail

ejettner@nhtsa.dot.gov.

SUPPLEMENTARY INFORMATION: On May

12, 2000, NHTSA published a final rule

amending Standard No. 208, Occupant

Crash Protection, to require that future

air bags be designed to create less risk

of serious air bag-induced injuries than

current air bags, particularly for small

women and young children; and

provide improved frontal crash

protection for all occupants, by means

that include advanced air bag

technology. (65 FR 30680; Docket No.

NHTSA 00–7013; Notice 1) The period

for submitting petitions for

reconsideration closed June 26, 2000.

NHTSA received nine petitions for

reconsideration of the final rule, some of

which raised questions concerning some

of the new test procedures in the final

rule. We also received three requests for

clarification of those procedures. To

enable interested parties and NHTSA

personnel to better understand the

questions concerning those test

procedures, we believe that it would be

desirable to hold a technical workshop.

The workshop will be limited to those

procedures that petitioners have raised

as legitimate technical issues. It will not

address procedures that were the subject

of policy-based objections. For example,

NHTSA did not provide detailed test

procedures on how to position the child

or child dummy in static suppression

tests. This lack of specificity was

intentional since we wanted this

technology to be robust enough to

protect all children generally situated in

the positions required by the final rule.

While there may be a difference of

opinion about the appropriateness of the

agency’s position, there is no need to

review that issue at a technical

workshop. The agency will respond to

this and other non-technical issues in

the notice responding to the petitions

for reconsideration.

We believe that the petitioners raised

legitimate technical issues about the

following test procedures, and therefore

that only those issues should be

addressed at the workshop:

1. Cinchdown procedure for child

restraints in vehicles equipped with

static suppression technology to comply

with the advanced air bag requirements.

2. Procedures for positioning the 6-

year-old and 3-year-old child dummies

in the passenger seating position in

vehicles equipped with low-risk

deployment technology to comply with

the advanced air bag requirements. The

workshop will address the method used

to achieve the final position and the

effect that the vehicle seat may have on

achieving that position.

3. Procedures for positioning for the

5th percentile adult female dummy in

the driver seating position for

demonstrating compliance with the lowrisk deployment test of the advanced air

bag requirements. The workshop will

address the method used to achieve the

final chin-on-rim position, and the

effect that the vehicle seat may have on

achieving the chin-on-rim and chest-onmodule positions.

NHTSA will announce any resolution

of these issues in the notice responding

to the petitions for reconsideration.

Several petitioners noted that they

had problems with the above-listed test

procedures in particular vehicles. We

request that participants who have

experienced problems with specific

vehicles bring the vehicles to the

workshop so that we may address as

many of the different vehicle

configurations as possible. If no

problematic vehicles are presented at

the workshop, we will limit the

workshop to the cinchdown procedure

for child seats.

We request that persons wishing to

participate in the workshop notify Ed

Jettner not later than November 22,

2000. Interested persons should indicate

the company or organization which they

represent. Interested persons wishing to

bring a particular vehicle to demonstrate

the dummy positioning difficulties

should also identify for Mr. Jettner the

vehicle models they would like to bring

to the workshop. Once we compile a list

of interested persons and problematic

vehicles, we will determine whether the

number of representatives per

participant must be limited due to space

and time constraints. If this proves to be

necessary, we will equitably allocate the

available space among the participating

companies and organizations and

among the identified problematic

vehicles.

To facilitate communication, NHTSA

will provide auxiliary aids to

participants as necessary during the

meeting. To ensure their availability,

any person desiring assistance of

auxiliary aids (e.g., sign-language

interpreter) should contact Ed Jettner.

Authority: 15 U.S.C. 1392, 1401, 1403,

1407, delegation of authority at 49 CFR 1.50.

Issued on November 7, 2000.

Stephen R. Kratzke,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 00–28985 Filed 11–13–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Parts 578 and 592

[Docket No. NHTSA 2000–8253]

RIN 2127–AI18

Civil Penalties; Registered Importers of

Vehicles Not Originally Manufactured

to Conform to the Federal Motor

Vehicle Safety Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This document amends

NHTSA’s regulations on civil penalties

and registered importers to reflect

related amendments to 49 U.S.C.

30165(a) and 30120(g)(1) made by

sections of the Transportation Recall

Enhancement, Accountability, and

Documentation (TREAD) Act, signed by

the president on November 1, 2000.

Under these amendments, the civil

penalty for a single violation of 49

U.S.C. Chapter 301—Motor Vehicle

Safety is increased from $1,100 to

$5,000, and the maximum civil penalty

for a related series of violations is

increased from $925,000 to $15,000,000.