Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20131

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et

seq., has been amended by the Contract with

America Advancement Act of 1996, Pub. L. 104–

121, 110 Stat 847 (1996) (CWAAA). Title II of the

CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1966 (SBREFA).

governing body must ensure that the

following requirements are met:

(1) Every Medicare patient is under

the care of:

* * * * *

(vi) A clinical psychologist as defined

in § 410.71 of this chapter, but only with

respect to clinical psychologist services

as defined in § 410.71 of this chapter

and only to the extent permitted by

State law.

* * * * *

(4) A doctor of medicine or

osteopathy is responsible for the care of

each Medicare patient with respect to

any medical or psychiatric problem

that—

(i) * * *

(ii) Is not specifically within the scope

of practice of a doctor of dental surgery,

dental medicine, podiatric medicine, or

optometry; a chiropractor; or clinical

psychologist, as that scope is—

(A) Defined by the medical staff;

(B) Permitted by State law; and

(C) Limited, under paragraph (c)(1)(v)

of this section, with respect to

chiropractors.

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.774 Medicare—

Supplementary Medical Insurance)

Dated: December 2, 1997.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Dated: December 11, 1997.

Donna E. Shalala,

Secretary.

[FR Doc. 98–10591 Filed 4–22–98; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 15 and 73

[ET Docket 97–206; FCC 98–36]

Technical Requirements To Enable

Blocking of Video Programming Based

on Program Ratings

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Report and Order

(‘‘R&O’’), the Commission is amending

the rules to require that television

receivers with picture screens 33 cm (13

inches) or greater be equipped with

technological features to allow parents

to block the display of violent, sexual,

or other programming they believe is

harmful to their children. These features

are commonly referred to as ‘‘v-chip’’

technology. This action is in response to

the Parental Choice in Television

Programming requirements. These rules

are intended to give parents the ability

to block video programming that they

do not want their children to watch.

DATES: This regulation is effective May

26, 1998. The incorporation by reference

of certain publications listed in the rule

is approved by the Director of the Office

of the Federal Register as of May 26,

1998.

FOR FURTHER INFORMATION CONTACT: Neal

McNeil, Office of Engineering and

Technology, (202) 418–2408, TTY (202)

418–2989.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, ET Docket 97–206, FCC 98–

36, adopted March 12, 1998 and

released March 13, 1998. The full text

of this decision is available for

inspection and copying during regular

business hours in the FCC Reference

Center, Room 239, 1919 M Street, NW,

Washington, DC. The complete text of

this decision also may be purchased

from the Commission’s duplication

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036.

Summary of the Report and Order

1. In section 551(a)(9) of the

Telecommunications Act of 1996 (‘‘1996

Act’’), Congress determined that parents

should be provided ‘‘with timely

information about the nature of

upcoming video programming and with

the technological tools that allow them

easily to block violent, sexual, or other

programming that they believe harmful

to their children * * *.’’ Section 551(c)

directs the Commission to adopt rules

requiring that any ‘‘apparatus designed

to receive television signals that are

shipped in interstate commerce or

manufactured in the United States and

that have a picture screen 13 inches or

greater in size (measured diagonally)

* * * be equipped with a feature

designed to enable viewers to block

display of all programs with a common

rating * * *.’’ Section 551(d) states that

the Commission must ‘‘require that all

such apparatus be able to receive the

rating signals which have been

transmitted by way of line 21 of the

vertical blanking interval * * *.’’ That

provision also instructs the Commission

to oversee ‘‘the adoption of standards by

industry for blocking technology,’’ and

to ensure that blocking capability

continues to be available to consumers

as technology advances.

2. The Notice of Proposed Rule

Making (‘‘Notice’’) in this proceeding,

62 FR 52677, October 9, 1997, began the

process of fulfilling the requirements of

section 551. In the Notice the

Commission proposed to rely on

industry standard EIA–608 to provide

the methodology for television receivers

to decode rating information transmitted

on line 21 of the vertical blanking

interval (‘‘VBI’’). A total of 26 parties

filed comments, and 13 parties filed

replies to comments in response to the

Notice.

3. Comments received in response to

the Notice were uniform in support of

the Commission’s proposal to adopt

EIA–608 and EIA–744 as the

transmission standards for program

rating information. No commenters

suggested other transmission standards

that the Commission should consider.

The Commission continues to believe

that EIA–608 provides an appropriate

means of transmitting program rating

information on line 21. Therefore, the

Commission is amending its rules to

require that all television receivers with

picture screens 33 cm (13 inches) or

larger, measured diagonally, shipped in

interstate commerce or manufactured in

the United States, receive program

ratings transmitted pursuant to industry

standards EIA–608 and EIA–744 and

block both the video and the associated

audio on the main and second audio

program (SAP) channels, based on a

rating level specified by the user of the

television receiver. By adopting EIA–

608 and EIA–744 we are fulfilling our

mandate under section 551(d) to oversee

the adoption of standards by industry

for blocking technology. The

Commission is incorporating EIA–608

and EIA–744 into its rules by reference.

To incorporate EIA–608–B by reference

we will publish notice of the change in

the Federal Register and amend the

CFR.

4. The Commission is requiring that

television manufacturers include

blocking technology on at least half of

their new product models with a picture

screen 33 cm (13 inches) or greater in

size by July 1, 1999. The remainder of

the models would be required to contain

blocking technology by January 1, 2000.

Final Regulatory Flexibility Analysis

5. As required by the Regulatory

Flexibility Act (‘‘RFA’’),1 an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) was incorporated in the

‘‘Notice of Proposed Rule Making
20132 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

2See ET Docket 97–206, 12 FCC Rcd 15573

(1997), Appendix A.

3See 5 U.S.C. 604.

4Pub. L. 104–104, 111 Stat. 56 (1996).

5See FRFA Section E, infra, ‘‘Steps Taken to

Minimize Significant Economic Impact on Small

Entities and Significant Alternatives Considered.’’

6See 5 U.S.C. 601(3).

7 15 U.S.C. 632.

8 13 CFR 121.201, (SIC) Code 3663.

9U.S. Department of Commerce, 1992 Census of

Transportation, Communications, and Utilities, SIC

Code 3663 (issued May 1995).

10 13 CFR 121.201. (SIC) Code 3571.

11U.S. Small Business Administration 1995

Economic Census Industry and Enterprise Report,

Table 3, SIC Code 3571. (Bureau of the Census data

adapted by the Office of Advocacy of the U.S. Small

Business Administration).

(Notice)’’.2 The Commission sought

written public comment on the

proposals in the Notice, including

comment on the IRFA. The

Commission’s Final Regulatory

Flexibility Analysis (‘‘FRFA’’) in this

Report and Order conforms to the RFA.3

A. Need for and Objective of the Rules

6. The rules adopted in this Report

and Order are intended to give parents

the ability to block video programming

that they do not want their children to

watch. This action is taken in response

to the Parental Choice in Television

Programming requirements contained in

sections 551 (c) , (d), and (e) of the

Telecommunications Act of 1996 (the

‘‘1996 Act’’).4 As described in the

present Notice, Congress determined

that parents should be provided ‘‘with

timely information about the nature of

upcoming video programming and with

the technological tools that allow them

to block violent, sexual, or other

programming that they believe harmful

to children.’’ Section 551(c) of the 1996

Act directs the Commission to adopt

rules requiring that any ‘‘apparatus

designed to receive television signals

that are shipped in interstate commerce

or manufactured in the United States

and that have a picture screen 13 inches

or greater in size (measured diagonally)

* * * be equipped with a feature

designed to enable viewers to block

display of all programs with a common

rating.’’ Section 551(d) states that the

Commission must ‘‘require that all such

apparatus be able to receive the rating

signals which have been transmitted by

way of line 21 of the vertical blanking

interval.’’ That provision also instructs

the Commission to oversee ‘‘the

adoption of standards by industry for

blocking technology,’’ and to ensure that

blocking capability continues to be

available to consumers as technology

advances.

B. Summary of Significant Issues Raised

by Public Comments in Response to the

IRFA

7. No comments were filed in direct

response to the IRFA. Commenters,

including possible small entity

commenters, wrote general comments

regarding the deadlines for compliance

with the blocking technology rules.5

C. Description and Estimate of the

Number of Small Entities To Which the

Rules Will Apply

8. This action requires television

manufacturers to include program

blocking technology in television

receivers that have a display size of 33

cm (13 inches) or larger. Personal

computers that have a display size of 33

cm (13 inches) or larger and include the

ability to receive NTSC or DTV TV

signals (i.e., television broadcasting) are

also subject to the requirement to

include program blocking technology.

The requirements do not apply to

computers receiving video

transmissions over the Internet or via

computer networks.

9. The RFA generally defines the term

‘‘small entity’’ as having the same

meaning as the terms ‘‘small business’’

‘‘small organization,’’ and ‘‘small

governmental jurisdictions.’’ In

addition, the term ‘‘small business’’ has

the same meaning as the term ‘‘small

business concern’’ under the Small

Business Act, 15 U.S.C. 632, unless the

Commission has developed one or more

definitions that are appropriate to its

activities.6 Under the Small Business

Act, a ‘‘small business concern’’ is one

that: (1) Is independently owned and

operated; (2) is not dominant in its field

of operation; and (3) meets any

additional criteria established by the

Small Business Administration (SBA).7

10. The Commission has not

developed a definition of small entities

applicable to V-chip technology.

Therefore, the Commission will utilize

the SBA definition applicable to

manufacturers of Radio and Television

Broadcasting and Communications

Equipment. According to the SBA’s

regulations, television equipment

manufacturers must have 750 or fewer

employees in order to qualify as a small

business concern.8 Census Bureau data

indicates that there are 858 U.S.

companies that manufacture radio and

television broadcasting and

communications equipment, and that

778 of these firms have fewer than 750

employees and would be classified as

small entities.9 The Census Bureau

category is very broad, and specific

figures are not available as to how many

of these firms are manufacturers of

television equipment. However, we

believe that many of the companies that

manufacture television equipment may

qualify as small entities.

11. According to SBA regulations, a

computer manufacturer must have 1,000

or fewer employees in order to qualify

as a small entity.10 Census Bureau data

indicates that there are 716 firms that

manufacture electronic computers. Of

those, 659 have fewer than 500

employees and qualify as small

entities.11 The remaining 57 firms have

500 or more employees; however, we

were unable to determine how many of

those have 1,000 or fewer employees

and therefore also qualify as small

entities under the SBA definition.

D. Description of Projected Reporting,

Recordkeeping and Other Compliance

Requirements

12. The Commission’s rules require

television receivers to be verified for

compliance with applicable FCC

technical requirements. See 47 CFR

15.101, 15.117, and 2.951, et seq.

Documentation concerning the

verification must be kept by the

manufacturer or importer. The rules

adopted in this proceeding require that

television receivers comply with

industry-developed standards for

blocking display of video programming

based on program ratings. However,

verification testing regarding program

blocking is not necessary because

compliance with the industrydeveloped standards, and the associated

Commission rules, can be determined

easily during the television receiver

design process. The Commission may,

of course, ask manufacturers and

importers to document upon occasion

how a particular television receiver

complies with the program blocking

requirements.

E. Steps Taken To Minimize Significant

Economic Impact on Small Entities and

Significant Alternatives Considered

13. In the Notice we invited comment

regarding the existence of such alternate

blocking technologies and whether it

would be appropriate to permit them at

this time in lieu of ratings-based

blocking technology. In order to

evaluate possible alternative blocking

technologies, we solicited information

regarding the cost of any alternative

blocking technology as well as the cost

of implementing ratings-based

technology pursuant to EIA–608.

14. EIA–608 has provided television

programmers, closed-captioning service
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20133

providers and television receiver

manufacturers with a standard method

for transmitting and using data

information transmitted on line 21. It

ensures compatibility between the

various uses of this information and

minimizes the need for government

regulation in this area. In the Notice we

recognized the broad acceptance of EIA–

608 for transmission of data on line 21.

Accordingly, we proposed to amend our

rules to require that most television

receivers receive program ratings

information transmitted pursuant to

EIA–608 and block video programming

based on a ratings level specified by the

user. To accomplish this, we proposed

to incorporate the appropriate

provisions of EIA–608 into our

regulations. We invited comment on

whether other technical standards for

blocking technology were being

developed or have been developed, and

whether they should be used instead of

or in addition to EIA–608.

15. Commenters were uniform in their

support of our proposal to adopt EIA–

608 as the transmission standard for

program ratings information. No

commenters suggested other

transmission standards that the

Commission should consider. We

continue to believe that EIA–608

provides an appropriate means of

transmitting program ratings

information on line 21. Therefore, we

are amending our rules to require that

all television receivers with picture

screens 33 cm (13 inches) or larger,

measured diagonally, shipped in

interstate commerce or manufactured in

the United States, receive program

ratings transmitted pursuant to industry

standard EIA–608 and block both the

video and the associated audio on the

main and second audio program (SAP)

channels, based on a ratings level

specified by the user of the television

receiver. We are also incorporating the

relevant parts of EIA–608 into our rules,

along with EIA–744 which contains a

proposed amendment to EIA–608 that

will include pertinent information on

transmission of program ratings

information.

16. In the Notice we also proposed to

require television manufacturers to

include blocking technology on at least

half of their product models with a

picture screen 33 cm (13 inches) or

greater in size by July 1, 1998. The

remainder of the models would be

required to contain blocking technology

by July 1, 1999. While all commenters

agree that program blocking technology

should be made available to the public

as soon as possible, television

manufacturers contend that the

deadlines proposed by the Commission

are impossible to meet.

17. CEMA states that the design cycle

for a television receiver model takes

approximately 18–24 months.

According to CEMA, ‘‘The cycle

generally begins in January, and leads to

product introduction the summer of the

following year in time for the holiday

buying season.’’ Other commenters state

that this production cycle can not be

compressed without creating the

possibility of releasing an inferior

product to the market. Additionally,

CEMA, Philips, and Thomson also state

that the Commission must release final

rules in both this proceeding and CS

Docket 97–55 before the production

cycle may begin for v-chip equipped

televisions. They request that the

Commission delay the implementation

deadline for at least one year subsequent

to the release of rules in these

proceedings.

18. After reviewing all of the

comments filed in this proceeding, we

conclude that it is appropriate to delay

our implementation deadlines.

Manufacturers were consistent in

describing typical design and

production schedules for TV receivers.

We believe that our rules should

conform with these schedules and

provide a smooth transition for product

introduction. We realize that, given

these schedules, manufacturers are well

into the production phase of sets that

will be released in July 1998. Therefore,

it would be infeasible to demand that

these sets contain blocking technology.

Furthermore, it would be detrimental to

consumer confidence if forced

compression of manufacturer design

schedules resulted in the release of an

unsatisfactory product. Accordingly, we

are revising the implementation

schedule proposed in the Notice to

require that television manufacturers

include blocking technology on at least

half of their new product models with

a picture screen 33 cm (13 inches) or

greater in size by July 1, 1999. The

remainder of the models would be

required to contain blocking technology

by January 1, 2000.

Report to Congress

The Commission will send a copy of

the Report and Order, including this

FRFA, in a report to Congress pursuant

to the Small Business Regulatory

Enforcement Fairness Act of 1966, see 5

U.S.C. 801(a)(1)(A). A copy of the

Report and Order and this FRFA (or

summary thereof) will also be published

in the Federal Register, see 5 U.S.C.

604(b), and will be sent to the Chief

Counsel for Advocacy of the Small

Business Administration.

List of Subjects

47 CFR Part 15

Communications equipment,

Computer technology, Incorporation by

reference.

47 CFR Part 73

Communications equipment,

Television.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble part 15 and 73 of title 47 of

the Code of Federal Regulations, are

amended as follows:

PART 15—RADIO FREQUENCY

DEVICES

1. The authority citation for part 15

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 304,

307 and 544A.

2. A new § 15.120 is added to read as

follows:

§ 15.120 Program blocking technology

requirements for television receivers.

(a) Effective July 1, 1999,

manufacturers of television broadcast

receivers as defined in section 15.3(w)

of this chapter, including personal

computer systems meeting that

definition, must ensure that one-half of

their product models with picture

screens 33 cm (13 in) or larger in

diameter shipped in interstate

commerce or manufactured in the

United States comply with the

provisions of paragraphs (c), (d), and (e)

of this section.

Note: This paragraph places no restrictions

on the shipping or sale of television receivers

that were manufactured before July 1999.

(b) Effective January 1, 2000, all TV

broadcast receivers as defined in section

15.3(w) of this chapter, including

personal computer systems meeting that

definition, with picture screens 33 cm

(13 in) or larger in diameter shipped in

interstate commerce or manufactured in

the United States shall comply with the

provisions of paragraphs (c), (d), and (e)

of this section.

(c) Transmission format.

(1) Analog television program rating

information shall be transmitted on line

21 of field 2 of the vertical blanking

interval of television signals, in

accordance with § 73.682(a)(22) of this

chapter.

(2) [Reserved]

(d) Operation.

(1) Analog television receivers will

receive program ratings transmitted
20134 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

pursuant to industry standard EIA–744

‘‘Transport of Content Advisory

Information Using Extended Data

Service (XDS)’’, October 1997,

Electronics Industries Association and

EIA–608 ‘‘Recommended Practice for

Line 21 Data Service’’, September 1994,

Electronics Industries Association. This

incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Blocking of

programming shall occur when a

program rating is received that meets

the pre-determined user requirements.

Copies of EIA–744 and EIA–608 may be

obtained from: Global Engineering

Documents, 15 Inverness Way East,

Englewood, Co 80112–5704. Copies of

EIA–744 and EIA–608 may be inspected

during normal business hours at the

following locations: Federal

Communications Commission, 2000 M

Street, NW, Technical Information

Center (Suite 230), Washington, DC, or

the Office of the Federal Register, 800

North Capitol Street, NW, suite 700

Washington, DC.

(2) Digital television receivers shall

react in a similar manner as analog

televisions when programmed to block

specific rating categories.

(e) All television receivers as

described in paragraph (a) of this

section shall block programming as

follows:

(1) Channel Blocking. Channel

Blocking should occur as soon as a

program rating packet with the

appropriate Content Advisory or MPAA

rating level is received. Program

blocking is described as a receiver

performing all of the following:

• Muting the program audio.

• Rendering the video black or otherwise

indecipherable.

• Eliminating program-related captions.

(2) Default State. The default state of

a receiver (i.e., as provided to the

consumer) should not block unrated

programs. However, it is permissible to

include features that allow the user to

reprogram the receiver to block

programs that are not rated.

(3) Picture-In-Picture (PIP). If a

receiver has the ability to decode

program-related rating information for

the Picture-In-Picture (PIP) video signal,

then it should block the PIP channel in

the same manner as the main channel.

If the receiver does not have the ability

to decode PIP program-related rating

information, then it should block or

otherwise disable the PIP if the viewer

has enabled program blocking.

(4) Selection of Ratings. Each

television receiver, in accordance with

user input, shall block programming

based on the age based ratings, the

content based ratings, or a combination

of the two.

(i) If the user chooses to block

programming according to its age based

rating level, the receiver must have the

ability to automatically block programs

with a more restrictive age based rating.

For example, if all shows with an agebased rating of TV–PG have been

selected for blocking, the user should be

able to automatically block programs

with the more restrictive ratings of TV–

14 and TV–MA.

(ii) If the user chooses to block

programming according to a

combination of age based and content

based ratings the receiver must have the

ability to automatically block

programming with a more restrictive age

rating but a similar content rating. For

example, if all shows rated TV–PG–V

have been selected for blocking, the user

should be able to block automatically

shows with the more restrictive ratings

of TV–14–V and TV–MA–V.

(iii) The user should have the

capability of overriding the automatic

blocking described in paragraphs

(e)(4)(i) and (4)(ii) of this section.

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

2. Section 73.682 is amended by

revising paragraphs (a)(22)(i) and

(a)(24)(iii)(A) to read as follows:

§ 73.682 TV transmission standards.

(a) * * *

(22)(i) Line 21, in each field, may be

used for the transmission of a programrelated data signal which, when

decoded, provides a visual depiction of

information simultaneously being

presented on the aural channel

(captions). Line 21, field 2 may be used

for transmission of a program-related

data signal which, when decoded,

identifies a rating level associated with

the current program. Such data signals

shall conform to the format described in

figure 17 of § 73.699 of this chapter, and

may be transmitted during all periods of

regular operation. On a space available

basis, line 21 field 2 may also be used

for text-mode data and extended data

service information.

Note: The signals on Fields 1 and 2 shall

be distinct data streams, for example, to

supply captions in different languages or at

different reading levels.

* * * * *

(24) * * *

(iii) * * *

(A) The use of such signals shall not

result in significant degradation to any

portion of the visual, aural, or programrelated data signals of the television

broadcast station;

* * * * *

[FR Doc. 98–10742 Filed 4–22–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 192

[Docket PS–118A; Amendment 192–83]

RIN 2137–AC55

Excess Flow Valve—Customer

Notification

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects the

Amendment number of final rule

[Docket No. PS–118A; Amdt. 192–82],

published in the Federal Register on

February 3, 1998 (63 FR 5464). In the

document heading on page 5464, the

‘‘Amendment 192–82’’ is changed to

read ‘‘Amendment 192–83’’. Also in the

same final rule [63 FR 5464: 2/3/98] this

document corrects metric units for

pressure from ‘‘m’’ to ‘‘kPa’’.

EFFECTIVE DATES: April 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Mike M. Israni, telephone (202) 366–

4571.

SUPPLEMENTARY INFORMATION:

Background

On February 3, 1998, RSPA issued a

final rule [63 FR 5464] requiring

operators of natural gas distribution

systems to provide certain customers

with information about excess flow

valves (EFV’s). In that final rule on page

5471 under § 192.383(b)—Which

customers must receive notification, in

the first sentence the service line

pressure of not less than 68.9 kPa (10

psig) was erroneously labeled ‘‘68.9 m

(10 psig)’’.

Need for Correction

As published, the final rule contains

an error in metric units which may

confuse and is in need of clarification.

List of Subjects in 49 CFR Part 192

Pipeline safety, Reporting and

recordkeeping requirements.