5978 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 

31 Documents will generally be available 

electronically in ASCII, Microsoft Word, and/or 

Adobe Acrobat. 

publically available online via ECFS.31

These documents will also be available 

for public inspection during regular 

business hours in the FCC Reference 

Information Center, which is located in 

Room CY–A257 at FCC Headquarters, 

445 12th Street SW., Washington, DC 

20554. The Reference Information 

Center is open to the public Monday 

through Thursday from 8:00 a.m. to 4:30 

p.m. and Friday from 8:00 a.m. to 11:30 

a.m. 

IV. Ordering Clauses 

43. Accordingly, it is ordered that, 

pursuant to the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010, Public Law 

111–260, 124 Stat. 2751, and the 

authority found in Sections 4(i), 4(j), 

303(r), 303(u), 303(aa), 303(bb), and 

716(g) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 

154(j), 303(r), 303(u), 303(aa), 303(bb), 

and 617(g), this Second Further Notice 

of Proposed Rulemaking is adopted. 

44. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Second Further Notice of Proposed 

Rulemaking in MB Docket No. 12–108, 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subject in 47 CFR 79 

Cable television operators, 

Communications equipment, 

Multichannel video programming 

distributors (MVPDs), Satellite 

television service providers. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. Office of the Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 79 as follows: 

PART 79—ACCESSIBILITY OF VIDEO 

PROGRAMMING 

■ 1. The authority for part 79 continues 

to read as follows: 

Authority: 47 U.S.C. 151, 152(a), 154(i), 

303, 307, 309, 310, 330, 544a, 613, and 617. 

■ 2. Amend § 79.103 by adding 

paragraph (e) to read as follows: 

§ 79.103 Closed caption decoder 

requirements for apparatus. 

* * * * * 

(e) Access to closed captioning 

display settings. Apparatus subject to 

this section must ensure that consumers 

are able to readily access user display 

settings for closed captioning, if 

technically feasible, except that 

apparatus that use a picture screen of 

less than 13 inches in size must comply 

with this requirement only if doing so 

is achievable as defined in this section. 

[FR Doc. 2016–00930 Filed 2–3–16; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–BF18 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Amendments to the Reef Fish, Spiny 

Lobster, Queen Conch, and Corals and 

Reef Associated Plants and 

Invertebrates Fishery Management 

Plans of Puerto Rico and the U.S. 

Virgin Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Caribbean Fishery 

Management Council (Council) has 

submitted Amendment 7 to the Fishery 

Management Plan (FMP) for the Reef 

Fish Fishery of Puerto Rico and the U.S. 

Virgin Islands (USVI) (Reef Fish FMP), 

Amendment 6 to the FMP for the Spiny 

Lobster Fishery of Puerto Rico and the 

USVI (Spiny Lobster FMP), Amendment 

5 to the FMP for the Corals and Reef 

Associated Plants and Invertebrates of 

Puerto Rico and the USVI (Coral FMP), 

and Amendment 4 to the FMP for the 

Queen Conch Resources of Puerto Rico 

and the USVI (Queen Conch FMP) for 

review, approval, and implementation 

by NMFS. In combination, these 

amendments represent the Application 

of Accountability Measures (AM) 

Amendment (AM Application 

Amendment). The AM Application 

Amendment would resolve an existing 

inconsistency between language in the 

four Council FMPs and the regulations 

implementing application of AMs in the 

U.S. Caribbean exclusive economic zone 

(EEZ). The purpose of the AM 

Application Amendment is to ensure 

the regulations governing AMs in the 

Caribbean EEZ are consistent with their 

authorizing FMPs. 

DATES: Written comments must be 

received on or before April 4, 2016. 

ADDRESSES: You may submit comments 

on the AM Application Amendment, 

identified by ‘‘NOAA–NMFS–2015– 

0124’’ by any of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0124, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Marı ́a del Mar Lo ́pez, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of the AM 

Application Amendment, which 

includes an environmental assessment, 

a Regulatory Flexibility Act analysis, 

and a regulatory impact review may be 

obtained from the Southeast Regional 

Office Web site at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/caribbean/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Marı ́a del Mar Lo ́pez, telephone: 727– 

824–5305, or email: Maria.Lopez@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires each 

regional fishery management council to 

submit any FMP or FMP amendment to 

NMFS for review and approval, partial 

approval, or disapproval. The 

Magnuson-Stevens Act also requires 

that NMFS, upon receiving a plan or 

amendment, publish an announcement 

in the Federal Register notifying the 

public that the plan or amendment is 

available for review and comment. 

The FMPs being revised by the AM 

Application Amendment were prepared 

by the Council and implemented 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Act. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5979 

Background 

The final rule implementing 

Amendment 2 to the Queen Conch FMP 

and Amendment 5 to the Reef Fish FMP 

(2010 Caribbean ACL Amendment) 

established annual catch limits (ACLs) 

and AMs for species and species groups 

that at the time were classified as 

undergoing overfishing (i.e., parrotfish, 

snapper, grouper, and queen conch) (76 

FR 82404, December 30, 2011). The final 

rule implementing Amendment 3 to the 

Queen Conch FMP, Amendment 6 to the 

Reef Fish FMP, Amendment 5 to the 

Spiny Lobster FMP, and Amendment 3 

to the Coral FMP, established ACLs and 

AMs for the remaining Councilmanaged species and species groups 

which were not undergoing overfishing 

at the time or for which the overfishing 

status was unknown (e.g., grunts, 

squirrelfish, jacks) (76 FR 82414, 

December 30, 2011). As described at 

§ 622.12(a) for reef fish, spiny lobster, 

and corals and § 622.491(b) for queen 

conch, the current AMs in the Caribbean 

EEZ require NMFS to shorten the length 

of the fishing season for a species/

species group in the year following a 

determination that the applicable 3-year 

landings average exceeded the 

respective ACL. The extent to which 

fishing seasons are shortened equates to 

the number of days necessary to remove 

the overage in pounds and to therefore 

constrain landings to the ACL. Pursuant 

to the regulations at §§ 622.12(a) and 

622.491(b), any such AM-based closures 

remain in effect only during the 

particular fishing year in which they are 

implemented. However, the AM closure 

language in the four authorizing FMPs 

states that any AM-based closure will 

remain in effect until modified by the 

Council, thereby carrying these AMbased closures over from year to year 

unless or until the closures are revised 

by subsequent Council action. 

This inconsistent language between 

the FMPs and the implementing 

regulations may create confusion to 

fishers and the public about whether an 

AM-based closure for a specific species/ 

species group will continue in 

subsequent years if an AM is triggered. 

The AM Application Amendment 

would correct the inconsistency 

between the authorizing FMPs and the 

regulatory language at §§ 622.12(a) and 

622.491(b) by revising the text within 

the four FMPs describing how AMs are 

applied to be consistent with the 

language in the regulations. Specifically, 

the phrase in the four authorizing FMPs 

that states ‘‘The needed changes will 

remain in effect until modified by the 

Council,’’ which describes the duration 

of AMs, would be removed from the 

four FMPs. The result of this proposed 

change would be that under both the 

authorizing FMPs and AM-based 

closure regulatory language, an AM 

closure would only apply for the fishing 

year in which it was implemented. This 

approach is consistent with the intent of 

the Council and implementing 

regulations used by NMFS to apply AMs 

in the Caribbean EEZ. The current 

process used by NMFS and the Council 

to apply AMs in the Caribbean EEZ 

would not change as a result of this 

proposed amendment, thus this action 

would have no additional direct or 

indirect economic, social, or biological/ 

ecological effects. 

A proposed rule that would 

implement the measures outlined in the 

AM Application Amendment has been 

drafted. In accordance with the 

Magnuson-Stevens Act, NMFS is 

evaluating the AM Application 

Amendment and the proposed rule to 

determine whether it is consistent with 

the FMPs, the Magnuson-Stevens Act, 

and other applicable law. If that 

determination is affirmative, NMFS will 

publish the proposed rule in the Federal 

Register for public review and 

comment. 

Consideration of Public Comments 

The Council has submitted the AM 

Application Amendment for Secretarial 

review, approval, and implementation. 

Comments received by April 4, 2016, 

will be considered by NMFS in its 

decision to approve, disapprove, or 

partially approve the AM Application 

Amendment. Comments received after 

that date will not be considered by 

NMFS in this decision. All relevant 

comments received by NMFS on the 

amendment or the proposed rule during 

their respective comment periods will 

be addressed in the final rule. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 29, 2016. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2016–02092 Filed 2–3–16; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 151217999–6045–01] 

RIN 0648–BF66 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Dolphin 

and Wahoo Resources of the Atlantic; 

Commercial Dolphin Fishery of the 

Atlantic; Control Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advanced notice of proposed 

rulemaking; consideration of a control 

date. 

SUMMARY: This notice announces the 

establishment of a control date of June 

30, 2015, that the South Atlantic Fishery 

Management Council (Council) may use 

if it decides to create restrictions 

limiting participation in the dolphin 

commercial sector of the dolphin and 

wahoo fishery in the Atlantic exclusive 

economic zone. Anyone entering the 

sector after the control date will not be 

assured of future access should a 

management regime that limits 

participation in the sector be prepared 

and implemented. This announcement 

is intended, in part, to promote 

awareness of the potential eligibility 

criteria for future access so as to 

discourage speculative entry into the 

Atlantic dolphin commercial sector 

while the Council and NMFS consider 

whether and how access to the sector 

should be controlled. NMFS invites 

comments on the establishment of this 

control date. 

DATES: Written comments must be 

received by March 7, 2016. 

ADDRESSES: You may submit comments 

identified by ‘‘NOAA–NMFS–2016– 

0001’’ by either of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2016- 

0001, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Mary Janine Vara, NMFS Southeast 

Regional Office, 263 13th Avenue 

South, St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS