Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 61101 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[CG Docket No. 05–231; DA 10–253] 

Closed Captioning of Video 

Programming 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; waiver of 

requirements. 

SUMMARY: In this document, the 

Commission, via the Consumer and 

Governmental Affairs Bureau (Bureau), 

waives in part the requirement that 

video programming distributors (VPDs) 

place contact information for the pursuit 

of immediate closed captioning 

concerns and the filing of closed 

captioning complaints in telephone 

directories. Some VPDs do not use 

telephone directories to communicate 

with the public, and therefore the 

Bureau waives the rule in such 

situations, so long as the VPD makes the 

contact information available on its Web 

site or on billing statements. The waiver 

thus balances the goal of ensuring that 

consumers are readily able to locate 

VPD contact information, with 

preventing unduly burdensome 

compliance with the telephone 

directories provisions for VPDs that do 

not use telephone directories to 

communicate with the public. 

DATES: This document is October 4, 

2010. The provision in 47 CFR 79.1(i)(1) 

and (2), published at 74 FR 1594, 

January 13, 2009, requiring video 

programming distributors to place 

contact information required by this 

section in local telephone directories is 

waived beginning February 19, 2010, for 

certain video programming distributors. 

FCC will publish a document in the 

Federal Register to lift the waiver. 

FOR FURTHER INFORMATION CONTACT: 

Amelia Brown, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office at (202) 418–2799 (voice), 

(202) 418–7804 (TTY), or e-mail at 

Amelia.Brown@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Bureau’s Order, DA 10– 

253, Closed Captioning of Video 

Programming, CG Docket No. 05–231, 

adopted February 16, 2010, and released 

February 16, 2010. The full text of DA 

10–253 and copies of any subsequently 

filed documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

DA 10–253 and copies of subsequently 

filed documents in this matter also may 

be purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact the Commission’s duplicating 

contractor at its Web site http:// 

www.bcpiweb.com or by calling 1–800– 

378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice) or (202) 418– 

0432 (TTY). DA 10–253 also can be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/caption.html. 

Synopsis 

1. On November 7, 2008, the 

Commission released Closed Captioning 

of Video Programming, Closed 

Captioning Requirements for Digital 

Television Receivers, CG Docket No. 05– 

231, ET Docket No. 99–254, Declaratory 

Ruling, Order, and Notice of Proposed 

Rulemaking, FCC 08–255, (2008 Closed 

Captioning Order), published at 74 FR 

1594, January 13, 2009, which, among 

other things, requires VPDs to make 

available two types of contact 

information—information for the receipt 

and handling of immediate closed 

captioning concerns by consumers, and 

information for written closed 

captioning complaints. The Commission 

directed VPDs to include this 

information on their Web sites, if the 

VPD has a Web site, in telephone 

directories, and in billing statements, if 

the VPD issues billing statements to 

subscribers. DISH Network L.L.C., a 

national provider of direct broadcast 

satellite service, petitioned the 

Commission for relief from the 

obligation to place contact information 

in telephone directories, stating that it 

does not currently directly advertise or 

otherwise place commercial listings in 

local telephone directories, and does not 

have direct relationships with 

publishers of local telephone 

directories. DISH Network requested 

that the Bureau clarify that a VPD is not 

required to place advertisements or 

listings in telephone directories in order 

to provide closed captioning 

information if the VPD does not 

otherwise use telephone directories as a 

direct means of communicating with 

viewers. 

2. Because the ‘‘clarification’’ that 

DISH Networks seeks does not appear to 

be supported by the language of the 

Commission’s 2008 Closed Captioning 

Order, the Bureau declines to make it. 

However, the Bureau finds good cause 

to grant a limited waiver of the 

telephone directories provisions of 

amended 47 CFR 79.1. While 47 CFR 

79.1(i) is designed to ensure that 

consumers are readily able to locate 

contact information for the pursuit of 

immediate closed captioning concerns 

or the filing of closed captioning 

complaints, on balance the Bureau is 

persuaded that compliance with the 

telephone directories provisions could 

be unduly burdensome where a 

company does not already use 

telephone directories, particularly for a 

nationwide company such as DISH 

Network. Therefore, the Bureau waives 

amended 47 CFR 79.1 to the extent that 

it requires VPDs to place the required 

contact information in local telephone 

directories in which the VPD does not 

itself directly advertise or otherwise 

place commercial listings, so long as the 

VPD makes the contact information 

available on its Web site or in billing 

statements. 

3. For purposes of this waiver, the 

Bureau defines commercial listing to 

include any paid advertisement or other 

paid listing. This might include, for 

example, a paid expanded listing that 

contains more than merely name, 

location, and telephone number, or a 

listing in a larger, bolded, or highlighted 

font as compared to the standard listing, 

or the listing of a toll free (rather than 

local) number. In instances where a VPD 

has already contracted for a paid 

advertisement or other paid listing, 

DISH Network’s concern that it would 

have to establish new relationships with 

directory publishers is inapplicable, and 

there is therefore no reason to waive the 

telephone directory requirement in such 

situations. 

Congressional Review Act (CRA) 

On December 5, 2008, OMB 

concurred that the Order adopting 47 

CFR 79.1(i), document FCC 08–255, 

published at 74 FR 1594, January 13, 

2009, was a non-major action pursuant 

to the CRA. Document DA 10–253 

merely waives a specific provision of 47 

CFR 79.1(i) and, as such, is not subject 

to the CRA. 

Ordering Clause 

Pursuant to sections 4(i) and 713 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i) and 613, 47 

CFR 1.3, and the authority delegated 

pursuant to 47 CFR 0.141 and 0.361, 47 

CFR 79.1 (i)(1) and (i)(2) is waived to the 

extent described herein. 


erowe on DSK5CLS3C1PROD with RULES
61102 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

Federal Communications Commission. 

Mark Stone, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. 2010–22530 Filed 10–1–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–BA28 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Inseason Adjustments to Fishery 

Management Measures 

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 makes 

inseason adjustments to commercial 

fishery management measures for 

several groundfish species taken in the 

U.S. exclusive economic zone (EEZ) off 

the coasts of Washington, Oregon, and 

California. These actions, which are 

authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), are intended to allow fisheries to 

access more abundant groundfish stocks 

while protecting overfished and 

depleted stocks and to prevent 

exceeding 2010 optimum yields. 

DATES: Effective 0001 hours (local time) 

October 1, 2010. Comments on this final 

rule must be received no later than 5 

p.m., local time on November 3, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–BA28, 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: Gretchen 

Hanshew. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way, 

NE., Seattle, WA 98115–0070, Attn: 

Gretchen Hanshew. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. 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: 

Gretchen Hanshew (Northwest Region, 

NMFS), 206–526–6147, fax: 206–526– 

6736, gretchen.hanshew@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.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s (the Council or 

PFMC) Web site at http:// 

www.pcouncil.org/. 

Background 

On December 31, 2008, NMFS 

published a proposed rule to implement 

the 2009–2010 specifications and 

management measures for the Pacific 

Coast groundfish fishery (73 FR 80516). 

The final rule to implement the 2009– 

2010 specifications and management 

measures for the Pacific Coast 

Groundfish Fishery was published on 

March 6, 2009 (74 FR 9874). This final 

rule was subsequently amended by 

inseason actions on April 27, 2009 (74 

FR 19011), July 6, 2009 (74 FR 31874), 

October 28, 2009 (74 FR 55468), 

February 26, 2010 (75 FR 8820), May 4, 

2010 (75 FR 23620), July 1, 2010 (75 FR 

38030), July 16, 2010 (75 FR 41386), and 

August 23, 2010 (75 FR 51684). 

Additional changes to the 2009–2010 

specifications and management 

measures for petrale sole were made in 

two final rules: on November 4, 2009 

(74 FR 57117), and December 10, 2009 

(74 FR 65480). NMFS issued a final rule 

in response to a duly issued court order 

on July 8, 2010 (75 FR 39178). These 

specifications and management 

measures are at 50 CFR part 660, 

subpart G. 

Changes to the 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 September 10–16, 2010, 

meeting in Boise, Idaho. The Council 

recommended adjusting the groundfish 

management measures to respond to 

updated fishery information and other 

inseason management needs. These 

changes include increases to bi-monthly 

cumulative limits in the limited entry 

trawl commercial fisheries off 

Washington, Oregon, and California and 

reductions to daily trip limits (DTL) for 

sablefish in the limited entry fixed gear 

and open access commercial fisheries 

south of 36° N. lat. The increases to 

cumulative limits are intended to allow 

additional harvest opportunities for 

species for which catch estimates 

through the end of the year are lower 

than anticipated. The changes to 

sablefish DTL limits are intended to 

prevent higher than anticipated 

sablefish catches from exceeding the 

2010 sablefish optimum yield (OY). 

Limited Entry Non-Whiting Trawl 

Fishery 

At their September 2010 meeting, the 

Council received new data and analyses 

on the catch of groundfish in the limited 

entry trawl fishery. 

Catches of several trawl target species 

were tracking behind 2010 projections 

made at the Council’s June 2010 

meeting, or were projected to be below 

the 2010 OYs if no adjustments to 

cumulative limits are made. At their 

September meeting, the Council 

considered the most recently available 

data from the Pacific Fishery 

Information Network (PacFIN). These 

data, dated August 18, 2010, indicated 

the total catch projections through the 

end of the year for sablefish, longspine 

thornyheads, shortspine thornyheads, 

Dover sole, arrowtooth flounder, slope 

rockfish and other flatfish were lower 

than anticipated. 

The Council considered modest 

increases to bi-monthly cumulative 

limits for these species for which the 

catch is projected to be lower than 

anticipated in order to meet the Pacific 

Coast Groundfish FMP objective of 

achieving, to the extent possible, but not 

exceeding, OYs of target species. A twomonth limit can be raised in the middle 

of the period, therefore, this increase 

would become effective during the twomonth cumulative limit, on October 1. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing the following 

changes to cumulative limits in the 

limited entry non-whiting trawl fishery 

on October 1, 2010 through the end of 

the year: increase the sablefish trip 

limits taken with large and small 

footrope gear North of 40°10′ N. lat. and 

for all trawl gears South of 40°10′ N. lat. 


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