Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Proposed Rules 75773 

1 47 CFR 73.1216. 

Docket. Publically available 

documents relevant to this action are 

available for public inspection either 

electronically at http://

www.regulations.gov or in hard copy at 

the Water Docket in the EPA Docket 

Center, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is 202– 

566–1744, and the telephone number for 

the Water Docket is 202–566–2426. The 

EPA has established the official public 

docket no. EPA–HQ–OW–2014–0693. 

FOR FURTHER INFORMATION CONTACT: 

Damon Highsmith, Engineering and 

Analysis Division (4303T), Office of 

Water, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone: 

202–566–2504; email: 

highsmith.damon@epa.gov. 

List of Subjects in 40 CFR Parts 403 and 

441 

Environmental protection, Dental, 

Dental office, Dentist, Mercury, 

Pretreatment, Waste treatment and 

disposal, Water pollution control. 

Dated: December 12, 2014. 

Kenneth J. Kopocis, 

Deputy Assistant Administrator, Office of 

Water. 

[FR Doc. 2014–29774 Filed 12–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–226; FCC 14–184] 

Broadcast Licensee-Conducted 

Contests 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes to amend its rules 

governing broadcast licensee-conducted 

contests (the ‘‘Contest Rule’’) in a 

manner that reflects how consumers 

access information in the 21st Century. 

This document proposes to amend the 

Contest Rule by, among other things, 

allowing licensees to comply with their 

obligation to disclose material contest 

terms either through broadcast 

announcements or by making such 

terms available in writing on a publicly 

accessible Internet Web site. In addition, 

the Commission proposes to adopt rules 

that would define the disclosure 

obligation in cases where a station 

chooses to meet that obligation through 

an Internet Web site. 

DATES: Comments are due on or before 

February 17, 2015; reply comments are 

due on or before March 19, 2015. 

Written comments on the Paperwork 

Reduction Act proposed information 

collection requirements must be 

submitted by the public, Office of 

Management and Budget (OMB), and 

other interested parties on or before 

February 17, 2015. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 14–226, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http://

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

In addition to filing comments with 

the Secretary, a copy of any comments 

on the Paperwork Reduction Act 

proposed information collection 

requirements contained herein should 

be submitted to the Federal 

Communications Commission via email 

to PRA@fcc.gov. For detailed 

instructions for submitting comments 

and additional information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Raelynn Remy of 

the Policy Division, Media Bureau at 

(202) 418–2120 or Raelynn.Remy@

fcc.gov. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, send an 

email to PRA@fcc.gov or contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking, FCC 14–184, 

adopted and released on November 21, 

2014. The full text is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street SW., Room 

CY–A257, Washington, DC 20554. This 

document will also be available via 

ECFS at http://fjallfoss.fcc.gov/ecfs/. 

Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. The complete 

text may be purchased from the 

Commission’s copy contractor, 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554. Alternative 

formats are available for people with 

disabilities (Braille, large print, 

electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

The Notice of Proposed Rulemaking 

seeks comment on potential information 

collection requirements. If the 

Commission adopts any information 

collection requirements, the 

Commission will publish a notice in the 

Federal Register inviting the public to 

comment on the requirements, as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13 (44 

U.S.C. 3501–3520). In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

the Commission seeks specific comment 

on how it might ‘‘further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees.’’ The Commission, as part of 

its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13. Public and 

agency comments are due February 17, 

2015. 

Summary 

I. Introduction 

1. In the Notice of Proposed 

Rulemaking (NPRM), we propose to 

amend § 73.1216 of our rules governing 

broadcast licensee-conducted contests 

(‘‘Contest Rule’’) 1 by, among other 

things, allowing licensees to comply 

with their obligation to disclose material 

contest terms either by broadcasting the 

material terms or making such terms 

available in writing on a publicly 

accessible Internet Web site. The NPRM 

stems from a Petition for Rulemaking 

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2See Petition for Rulemaking filed by Entercom 

Communications Corp., CGB Docket No. RM–11684 

(filed Jan. 20, 2012). 

3We note that we received no comments on the 

Petition from consumer advocacy groups or 

members of the general public and encourage all 

interested parties to file in response to the NPRM. 

4 47 CFR 73.1216. The Contest Rule defines 

‘‘contest’’ as ‘‘a scheme in which a prize is offered 

or awarded, based upon chance, diligence, 

knowledge or skill, to members of the public.’’ Id., 

Note 1(a). In addition, the rule provides that: 

[m]aterial terms include those factors which 

define the operation of the contest and which affect 

participation therein. Although the material terms 

may vary widely depending on the exact nature of 

the contest, they will generally include: How to 

enter or participate; eligibility restrictions; entry 

deadline dates, whether prizes can be won; when 

prizes can be won; the extent, nature and value of 

prizes; basis for valuation of prizes; time and means 

of selection of winners; and/or tie-breaking 

procedures. Id., Note 1(b). 

5 Id., Note 2. The Contest Rule does not apply to 

licensee-conducted contests that are not broadcast 

or advertised to the general public or to a 

substantial segment of the public, to contests in 

which the general public is not requested or 

permitted to participate, to the commercial 

advertisement of non-licensee-conducted contests, 

or to a contest conducted by a non-broadcast 

division of the licensee or by a non-broadcast 

company related to the licensee. See id., Note 3. 

6See 47 CFR 73.1216, Note 2. 

7As discussed infra, Petitioner does not propose 

complete elimination of broadcast disclosure 

because, it argues, such on-air announcements may 

still make sense for some licensees and for simple 

contests where little information has to be conveyed 

to listeners. See Entercom Petition at 5. 

8 Id. Although Petitioner proposes to require 

licensees to make contest terms available, upon 

request, via email facsimile, postal mail, or in 

person, we decline to propose this at this time 

because we believe that permitting licensees to 

disclose contest terms through broadcast and 

Internet methods is adequate to ensure the 

availability of material contest information to the 

public. 

(‘‘Petition’’) filed by Entercom 

Communications Corp. (‘‘Entercom’’ or 

‘‘Petitioner’’) requesting that the 

Commission so update the Contest Rule 

in a manner that reflects how consumers 

access information in the 21st Century.2

The Petition was unopposed, and 

supported by a number of commenters.3

As discussed below, we propose to 

modernize our rules to provide 

broadcast licensees with greater 

flexibility in the methods by which they 

may satisfy their obligation to disclose 

material contest terms, without relaxing 

licensees’ duty to conduct contests with 

due regard for the public interest. 

II. Background 

A. The Contest Rule 

2. Radio and television stations 

frequently run contests as a form of 

promotion, advertisement, and 

entertainment. The Commission 

adopted the existing Contest Rule in 

1976 to address concerns about the 

manner in which broadcast licensees 

were conducting contests over the air. 

That rule provides, in part: 

A licensee that broadcasts or 

advertises information about a contest it 

conducts shall fully and accurately 

disclose the material terms of the 

contest, and shall conduct the contest 

substantially as announced or 

advertised. No contest description shall 

be false, misleading or deceptive with 

respect to any material term.4

The Contest Rule contains 

prescriptions regarding the time and 

manner of disclosing material contest 

terms: 

[T]he time and manner of disclosure of the 

material terms of a contest are within the 

licensee’s discretion. However, the obligation 

to disclose the material terms arises at the 

time the audience is first told how to enter 

or participate and continues thereafter. The 

material terms should be disclosed 

periodically by announcements broadcast on 

the station conducting the contest, but need 

not be enumerated each time an 

announcement promoting the contest is 

broadcast. Disclosure of material terms in a 

reasonable number of announcements is 

sufficient. In addition to the required 

broadcast announcements, disclosure of the 

material terms may be made in a nonbroadcast manner.5

The Contest Rule was premised on the 

Commission’s conclusion that ‘‘a 

licensee’s contests should be conducted 

fairly and substantially as represented to 

the public, and . . . failure to do so falls 

short of the degree of responsibility 

expected of licensees.’’ 

3. As set forth above, the Contest Rule 

requires a licensee to broadcast the 

material terms of a contest the first time 

it informs its audience how to enter or 

participate, and to repeat such terms a 

reasonable number of times thereafter.6

Although, under the rule, licensees are 

permitted to employ non-broadcast 

methods for disclosing material contest 

terms, they may not substitute such 

methods for the required broadcast 

disclosure. 

B. Petition for Rulemaking 

4. In January 2012, Entercom filed the 

Petition requesting that the Commission 

revise the disclosure requirements of 

§ 73.1216. Specifically, Petitioner 

proposes that the Commission amend 

§ 73.1216 to permit broadcasters to 

satisfy their obligation to disclose 

material contest terms either by: 

(i) Broadcasting such terms on the 

station (as required by the current 

rule); 7 or (ii) providing material terms 

in written form on a Web site and upon 

request by email, facsimile, mail, or in 

person, provided that the station makes 

periodic announcements informing 

viewers and listeners how and where 

the public can obtain access to the 

material terms.8 In addition, Petitioner 

asserts that broadcasters that lack their 

own Web sites should be allowed to 

post contest terms on the Web site of a 

state broadcasters’ association that 

permits such posting. 

5. Petitioner contends that its 

proposed revisions will bring the 

Contest Rule into alignment with how 

Americans access and consume 

information in the 21st Century and 

provide for a more effective means of 

distributing contest information to the 

public. It asserts that, ‘‘[i]n today’s fast 

paced world, Americans expect to 

instantly access information . . . by 

merely logging on to a Web site [or] 

conducting [an Internet] search’’; thus, it 

argues, reliance on broadcast 

announcements to disseminate material 

contest information is no longer an 

acceptable way to inform the public 

about contest terms. Petitioner asserts 

that the vast majority of broadcasters 

already have dedicated Web sites where 

they can post complete contest 

information that the public can access 

‘‘on demand.’’ Moreover, it argues that 

licensees can disseminate contest 

information via additional methods, 

such as email, that are more effective 

than broadcast at conveying contest 

terms. 

6. Petitioner argues that, because the 

current rule requires licensees to 

disclose material contest terms via 

broadcast only periodically, such 

disclosures may not be heard or seen by 

an audience member interested in the 

contest. Further, Petitioner contends 

that the material terms of some contests 

can be quite complex and lengthy, such 

that even if listeners hear (or see, in the 

case of television) a periodic 

announcement of such terms, it is 

nearly impossible for them to 

comprehend and remember all of the 

information disclosed. Thus, it asserts, 

audiences are not likely to obtain useful 

information from such broadcasts. 

7. Petitioner contends that the public 

today accesses information in ways that 

are dramatically different from how the 

public accessed information when the 

Contest Rule was adopted, and cites 

evidence that the Internet is the medium 

used by most Americans to obtain 

information instantaneously. According 

to Petitioner, the public is accustomed 

to accessing station Web sites to obtain 

current news, weather, traffic reports, 

and other information, and, therefore, 

the public reasonably expects to find 

contest information on station Web 

sites. Petitioner further notes that the 

Commission itself has recognized the 

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9 In particular, the Contest Rule provides that: 

‘‘The material terms should be disclosed 

periodically by announcements broadcast on the 

station conducting the contest. . . . In addition to the 

required broadcast announcements, disclosure of 

the material terms may be made in a non-broadcast 

manner.’’ 47 CFR 73.1216, Note 2. See also Good 

Karma Broad. LLC, 27 FCC Rcd 10938, 10941 n.32 

(EB 2012) (‘‘Posting contest rules on a station’s Web 

site does not satisfy § 73.1216’s requirement that a 

licensee broadcast the material terms of a contest 

it conducts.’’); Joint Commenters Comments at 2, 

citing Clear Channel Communications, Inc., 27 FCC 

Rcd 343, 346 ¶ 6 (EB 2012) (‘‘While stations are free 

to provide contest information in other formats, 

including Internet postings, numerous Commission 

decisions have repeatedly made clear that ‘licensees 

cannot avail themselves of alternative nonbroadcast announcements to satisfy the requirement 

that they accurately announce a contest’s material 

terms.’ ’’). 

10As noted above, although Petitioner proposes to 

allow stations that do not have their own Web site 

to post material contest terms to the Web site of a 

state broadcasters’ association, NSBA has asserted 

that ‘‘there is no unanimity among the State 

Associations for agreeing to serve as a third-party 

Web host for station contest rules.’’ See NSBA 

Comments at 6. See also VAB Comments at 3; OAB 

Comments at 4; NCAB Comments at 3. NSBA thus 

proposes to allow licensees the option of posting 

their contest rules on any Web site that allows such 

posting, under certain conditions. NSBA Comments 

at 6. Petitioner does not oppose NSBA’s proposal. 

See Entercom Reply at 3–4. 

11For example, if the on air announcement or 

advertising for the contest identifies a particular 

prize by brand name or model, then the Web site 

disclosure must be the same. 

12By complete, direct Web site address, we mean 

the address that will take the consumer directly to 

the page on the Web site where the contest terms 

are posted. If licensees post the contest terms on the 

home page of the Web site or post a direct link to 

the contest terms on the home page, then 

announcing the home page address will suffice to 

ensure consumers can easily find and review the 

terms of the contest. 

ubiquity and efficiency of the Internet 

and its utility to Commission processes. 

8. In November 2012, the 

Commission’s Consumer and 

Governmental Affairs Bureau (‘‘CGB’’) 

issued a Public Notice inviting comment 

on the Petition. Each of the sixteen 

parties that responded to the Public 

Notice support the Petitioner’s request 

to commence a rulemaking proceeding 

to modernize the Contest Rule. 

III. Discussion 

9. We propose to amend the Contest 

Rule to allow broadcasters to satisfy 

their obligation to disclose material 

contest terms by making such terms 

available in writing on a publicly 

accessible Internet Web site. We believe 

that this rule revision will give 

broadcasters greater flexibility in the 

means by which they may comply with 

the Contest Rule and is consistent with 

the Commission’s recognition that the 

Internet is an effective tool for 

distributing information to broadcast 

audiences. We seek comment on this 

proposal. Although the Commission’s 

rule currently requires that material 

terms be disclosed periodically by 

announcements broadcast on the 

station,9 we agree with parties who 

assert that the dramatic changes in the 

way that consumers access information 

since the Contest Rule was adopted 

justify updating the rule. As some 

commenters note, the public is 

accustomed to accessing station Web 

sites to obtain a broad range of 

information. In fact, the record reflects 

that some licensees already use their 

Web sites to post contest-related 

information, and allow consumers to 

enter and participate in contests via 

station Web sites. Parties contend that 

posting material contest terms in writing 

on station Web sites will give potential 

contest participants immediate access to 

those terms and allow the public to 

review the terms at their convenience, 

thereby meeting consumer expectations 

for accessing such information and 

potentially reducing consumer 

confusion. 

10. We propose to allow a broadcast 

station to satisfy its § 73.1216 disclosure 

obligation by posting material contest 

terms on the station’s Internet Web site, 

the licensee’s Web site, or, if neither the 

individual station nor the licensee has 

its own Web site, any readily publicly 

accessible Internet Web site.10 We seek 

comment on the costs and benefits of 

adopting this proposal. In addition, we 

seek comment on whether and to what 

extent we should adopt rules specifying 

the format for contest disclosures that 

are posted on Internet Web sites. 

11. If a licensee uses an Internet Web 

site to disclose material contest terms, 

how could we ensure that such terms 

are easy for consumers to locate on that 

Web site? For example, should we 

require a link on the Web site’s home 

page to the contest terms? How long 

should a licensee be required to 

maintain the contest information on the 

Web site? NSBA asserts that a nonstation Web site that is used to comply 

with the Contest Rule’s disclosure 

requirements must be ‘‘accessible to the 

public 24/7 during the contest, for free, 

and without any registration 

requirement.’’ Should a revised Contest 

Rule contain these requirements? Are 

there other Web site characteristics or 

requirements that the rule should 

mandate to promote the goal of public 

accessibility? We are sensitive to the 

possibility that consumers may become 

frustrated if they cannot readily locate a 

contest’s material terms on a nonlicensee Web site, and seek comment on 

how licensees might anticipate and 

avoid problems associated with posting 

content rules to non-licensee sites. We 

propose to apply the same rule to radio 

and television licensees, but seek 

comment on whether any differences in 

those services merit different treatment 

in the rule. In particular, we seek 

comment on the impact of the above 

proposals on small broadcasters. 

12. We note that the disclosure 

requirements in § 73.1216 pertain to 

‘‘material’’ contest terms, defined as 

those terms that ‘‘define the operation of 

the contest and which affect 

participation therein.’’ Section 73.1216 

provides that ‘‘material terms may vary 

widely depending on the exact nature of 

the contest,’’ but that such terms 

generally will include: How to enter or 

participate; eligibility restrictions; entry 

deadline dates, whether prizes can be 

won; when prizes can be won; the 

extent, nature and value of prizes; basis 

for valuation of prizes; time and means 

of selection of winners; and/or tiebreaking procedures. To the extent that 

licensees have difficulty determining 

which terms are ‘‘material’’ and thus 

subject to disclosure under the Contest 

Rule, would revising the rule as 

proposed eliminate or reduce the need 

for licensees to make this determination, 

insofar as they could post all contest 

information in writing online? On the 

other hand, is it necessary to require 

that licensees set apart or distinguish in 

some way contest terms deemed 

‘‘material’’ from other contest 

information to ensure that this 

important information is readily 

available to the public and not buried in 

lengthy fine print? We seek comment 

generally on whether or to what extent 

we need to refine the definition of 

‘‘material’’ given our proposed change 

to the Contest Rule. To avoid consumer 

confusion, we propose that, consistent 

with existing Commission precedent, 

any material terms announced on air 

must not differ from the material terms 

disclosed on a Web site.11

13. We propose further to modify the 

Contest Rule by requiring stations that 

choose to satisfy their disclosure 

obligations via an Internet Web site to 

broadcast the complete, direct Web site 

address where the contest terms are 

posted 12 each time the station mentions 

or advertises a contest. Under the 

current rule, stations are required to 

broadcast material terms periodically 

after their initial disclosure. The 

discretion afforded licensees under the 

current rule to determine when they 

will broadcast material terms after 

initial disclosure can potentially leave a 

consumer without access to such terms 

at the time a contest is advertised on air, 

as well as create uncertainty for 

broadcasters about their compliance 

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13The Commission has interpreted the existing 

Contest Rule to impose on licensees an obligation 

to notify the public of changes to material contest 

terms by announcing such changes over the air. See 

Access 1 New Jersey License Co., LLC, Notice of 

Apparent Liability for Forfeiture, 22 FCC Rcd 4232, 

4235, ¶ 8 and n.24 (EB 2007) (finding that a 

licensee’s failure to notify the public of changes to 

material contest terms violated the Contest Rule). 

See also Clear Channel Broad. Licenses, Inc., Notice 

of Apparent Liability for Forfeiture, 21 FCC Rcd 

4072 (EB 2006) (imposing forfeiture for 

unannounced contest rule change that excluded 

contestant’s multiple entries). Thus, if we were to 

amend the Contest Rule to permit disclosure of 

material contest terms via a Web site, licensees that 

chose to comply with their disclosure obligations 

via broadcast similarly would be required to notify 

the public of changes to such terms through 

broadcast announcements. 

14See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Pub. L. 104–121, Title II, 110 Stat. 857 

(1996). 

15See 5 U.S.C. 603(a). 

16See id. 

17 47 CFR 73.1216. 

18See Petition for Rulemaking filed by Entercom 

Communications Corp., CGB Docket No. RM–11684 

(filed Jan. 20, 2012). 

19 5 U.S.C. 603(b)(3). 

20 5 U.S.C. 601(6). 

21 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in 15 U.S.C. 

632). Pursuant to 5 U.S.C. 601(3), the statutory 

definition of a small business applies ‘‘unless an 

agency, after consultation with the Office of 

Advocacy of the Small Business Administration 

and after opportunity for public comment, 

establishes one or more definitions of such term 

which are appropriate to the activities of the agency 

and publishes such definition(s) in the Federal 

Register.’’ 5 U.S.C. 601(3). 

22 15 U.S.C. 632. Application of the statutory 

criteria of dominance in its field of operation and 

independence are sometimes difficult to apply in 

the context of broadcast television. Accordingly, the 

Commission’s statistical account of television 

stations may be over-inclusive. 

with the rule. Although the rule changes 

we propose diverge from Petitioner’s 

proposal (which would require stations 

to broadcast announcements identifying 

the Web site address only periodically), 

we believe that requiring licensees to 

broadcast the Web site address where 

contest terms are available each time 

they mention or advertise a contest will 

better inform the public of material 

contest information and is not unduly 

burdensome. We believe that such a 

requirement is less burdensome than 

requiring a licensee to periodically 

broadcast material contest terms in full. 

Therefore, we propose to require 

licensees to broadcast the Web site 

address on which material contest terms 

are posted each time they mention or 

advertise a contest. In addition, if a 

licensee that chooses to satisfy its 

disclosure obligations via the Internet 

changes the material terms of a contest 

after the contest is first announced, we 

propose that the licensee must 

announce on air that the contest rules 

have changed and direct participants to 

the Web site to review the changes. We 

seek comment on the appropriate 

frequency and duration of this 

requirement. For example, should this 

announcement have to be made each 

time the licensee announces the contest 

and broadcasts the Web site address 

where such terms are posted, and if so, 

for how long should that requirement 

last? 13 We seek comment on these 

proposals, including the costs and 

benefits of adopting these rules. We also 

seek comment on the impact of these 

proposals on small licensees. 

14. We propose that we should still 

permit broadcast disclosure as one 

means of complying with the Contest 

Rule. As Petitioner notes, broadcast 

disclosure of material contest 

information ‘‘may still make sense for 

some broadcasters and for extremely 

simple contests where very little 

information has to be conveyed to the 

[audience].’’ If we retain broadcast 

disclosure as a method of complying 

with the Contest Rule, should we make 

any changes to the rule to improve the 

effectiveness of broadcasting material 

contest terms? 

IV. Procedural Matters 

A. Regulatory Flexibility Act 

15. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’) 14 the Commission has 

prepared this present Initial Regulatory 

Flexibility Act Analysis (‘‘IRFA’’) 

concerning the possible significant 

economic impact on small entities by 

the policies and rules proposed in the 

NPRM. Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments provided on the first page of 

the NPRM. The Commission will send a 

copy of the NPRM, including this IRFA, 

to the Chief Counsel for Advocacy of the 

Small Business Administration 

(‘‘SBA’’).15 In addition, the NPRM and 

IRFA (or summaries thereof) will be 

published in the Federal Register.16

1. Need for, and Objectives of, the 

Proposed Rule Changes 

16. The NPRM stems from an 

unopposed Petition for Rulemaking 

filed by Entercom Communications 

Corp. requesting that the Commission 

update § 73.1216 of its rules governing 

broadcast licensee-conducted contests 

(the ‘‘Contest Rule’’) 17 in a manner that 

reflects how consumers access 

information in the 21st Century.18 The 

NPRM proposes to amend the Contest 

Rule by, among other things, allowing 

licensees to comply with their 

obligation to disclose material contest 

terms either through broadcast 

announcements or by making such 

terms available in writing on a publicly 

accessible Internet Web site. 

17. In particular, the NPRM proposes 

to amend the Contest Rule: (i) To permit 

a licensee that chooses to satisfy its 

disclosure obligations by means of an 

Internet Web site to make material 

contest terms available on the station’s 

Web site, the licensee’s Web site, or, if 

neither the station nor the licensee has 

its own Web site, any publicly 

accessible Internet Web site; (ii) to 

require that any material contest terms 

announced on air not differ from the 

material terms disclosed on a Web site; 

(iii) to require a station that chooses to 

satisfy its disclosure obligation via the 

Internet to broadcast the complete, 

direct Web site address where the 

contest terms are posted each time the 

station mentions or advertises a contest; 

and (iv) to require that, if a licensee that 

chooses to satisfy its disclosure 

obligation via the Internet changes the 

material terms of a contest after the 

contest is first announced, the licensee 

announce on air that the contest rules 

have changed and direct participants to 

the Web site to review the changes. 

These proposals are intended to 

modernize the Contest Rule in a manner 

that gives broadcasters greater flexibility 

in the methods by which they satisfy 

their obligation to disclose material 

contest terms, while ensuring adequate 

notice of such terms to the public. 

2. Legal Basis 

18. The proposed action is authorized 

pursuant to sections 4(i), 4(j), and 303 

of the Communications Act of 1934, as 

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

303. 

3. Description and Estimates of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

19. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted.19 The 

RFA generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ 20 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act.21 A small 

business concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the SBA.22 The rules 

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23U.S. Census Bureau, 2012 NAICS Definitions, 

‘‘515120 Television Broadcasting,’’ at http://www.

census.gov./cgi-bin/sssd/naics/naicsrch. 

24 13 CFR 121.201; 2012 NAICS code 515120. 

25U.S. Census Bureau, Table No. EC0751SSSZ4, 

Information: Subject Series—Establishment and 

Firm Size: Receipts Size of Firms for the United 

States: 2007 (515120), http://factfinder2.census.gov/ 

faces/tableservices/jsf/pages/productview.xhtml

?pid=ECN_2007_US_51SSSZ4&prodType=table. 

26See Broadcast Station Totals as of June 30, 

2014, Press Release (MB rel. July 9, 2014) 

(Broadcast Station Totals) at https://apps.fcc.gov/

edocs_public/attachmatch/DOC-328096A1.pdf. 

27See Broadcast Station Totals, supra. 

28See generally 5 U.S.C. 601(4), (6). 

29 13 CFR 121.201; NAICS code 515120. 

30See Broadcast Station Totals, supra. 

31See Broadcast Station Totals, supra. 

32 ‘‘[Business concerns] are affiliates of each other 

when one concern controls or has the power to 

control the other or a third party or parties controls 

or has the power to control both.’’ 13 CFR 

21.103(a)(1). 

33U.S. Census Bureau, 2012 NAICS Definitions, 

‘‘515112 Radio Stations,’’ at http://www.census.gov/ 

cgi-bin/sssd/naics/naicsrch. This category 

description continues, ‘‘Programming may originate 

in their own studio, from an affiliated network, or 

from external sources.’’ 

34 13 CFR 121.201; NAICS code 515112. 

35U.S. Census Bureau, Table No. EC0751SSSZ4, 

Information: Subject Series—Establishment and 

Firm Size: Receipts Size of Firms for the United 

States: 2007 (515112), http://factfinder2.census.gov/ 

faces/tableservices/jsf/pages/productview.xhtml

?pid=ECN_2007_US_51SSSZ4&prodType=table. 

36 Id. 

37See Broadcast Station Totals as of June 30, 

2014, Press Release (MB rel. July 9, 2014) 

(Broadcast Station Totals) at https://apps.fcc.gov/

edocs_public/attachmatch/DOC-328096A1.pdf. 

This document only indicates the total number of 

AM stations as 4,721. The breakdown between 

licensed AM commercial and noncommercial 

stations was obtained from Staff review of the 

Consolidated Database System (CDBS). See http:// 

licensing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_

pa.htm. 

38See Broadcast Station Totals, supra. 

39See generally 5 U.S.C. 601(4), (6). 

40See 13 CFR 121.201, NAICS Code 515112. 

41See News Release, ‘‘Broadcast Station Totals as 

of June 30, 2012’’ (rel. Jul. 19, 2012) (http://

fjallfoss.fcc.gov/edocs_public/attachmatch/DOC304594A1315231A1.pdf). 

42 ‘‘[Business concerns] are affiliates of each other 

when one concern controls or has the power to 

control the other or a third party or parties controls 

Continued 

proposed herein will directly affect 

small television and radio broadcast 

stations. Below, we provide a 

description of these small entities, as 

well as an estimate of the number of 

such small entities, where feasible. 

20. Television Broadcasting. This 

economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound.’’ 23 The SBA has created the 

following small business size standard 

for such businesses: those having $38.5 

million or less in annual receipts.24 The 

2007 U.S. Census indicates that 808 

firms in this category operated in that 

year. Of that number, 709 had annual 

receipts of $25,000,000 or less, and 99 

had annual receipts of more than 

$25,000,000.25 Because the Census has 

no additional classifications that could 

serve as a basis for determining the 

number of stations whose receipts 

exceeded $38.5 million in that year, we 

conclude that the majority of television 

broadcast stations were small under the 

applicable SBA size standard. 

21. Apart from the U.S. Census, the 

Commission has estimated the number 

of licensed commercial television 

stations to be 1,387 stations.26 Of this 

total, 1,221 stations (or about 88 

percent) had revenues of $38.5 million 

or less, according to Commission staff 

review of the BIA Kelsey Inc. Media 

Access Pro Television Database (BIA) on 

July 2, 2014. In addition, the 

Commission has estimated the number 

of licensed noncommercial educational 

(NCE) television stations to be 395.27

NCE stations are non-profit, and 

therefore considered to be small 

entities.28 Based on these data, we 

estimate that the majority of television 

broadcast stations are small entities. 

22. Class A TV and LPTV Stations. 

The same SBA definition that applies to 

television broadcast stations would 

apply to licensees of Class A television 

stations and low power television 

(LPTV) stations, as well as to potential 

licensees in these television services. As 

noted above, the SBA has created the 

following small business size standard 

for this category: Those having $38.5 

million or less in annual receipts.29 The 

Commission has estimated the number 

of licensed Class A television stations to 

be 432.30 The Commission has also 

estimated the number of licensed LPTV 

stations to be 2,028.31 Given the nature 

of these services, we will presume that 

these licensees qualify as small entities 

under the SBA definition. 

23. We note, however, that in 

assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) 

affiliations 32 must be included. Because 

we do not include or aggregate revenues 

from affiliated companies in 

determining whether an entity meets the 

revenue threshold noted above, our 

estimate of the number of small entities 

affected is likely overstated. In addition, 

we note that one element of the 

definition of ‘‘small business’’ is that an 

entity not be dominant in its field of 

operation. We are unable at this time to 

define or quantify the criteria that 

would establish whether a specific 

television broadcast station is dominant 

in its field of operation. Accordingly, 

our estimate of small television stations 

potentially affected by the proposed 

rules includes those that could be 

dominant in their field of operation. For 

this reason, such estimate likely is overinclusive. 

24. Radio Stations. This economic 

Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public.’’ 33 The SBA has created the 

following small business size standard 

for this category: Those having $38.5 

million or less in annual receipts.34

Census data for 2007 shows that 2,926 

firms in this category operated in that 

year.35 Of this number, 2,877 firms had 

annual receipts of less than $25,000,000, 

and 49 firms had annual receipts of 

$25,000,000 or more.36 Because the 

Census has no additional classifications 

that could serve as a basis for 

determining the number of stations 

whose receipts exceeded $38.5 million 

in that year, we conclude that the 

majority of television broadcast stations 

were small under the applicable SBA 

size standard. 

25. Apart from the U.S. Census, the 

Commission has estimated the number 

of licensed commercial AM radio 

stations to be 4,553 stations and the 

number of commercial FM radio 

stations to be 6,622, for a total number 

of 11,175.37 Of this total, 9,898 stations 

(or about 90 percent) had revenues of 

$38.5 million or less, according to 

Commission staff review of the BIA 

Kelsey Inc. Media Access Pro Television 

Database (BIA) on October 23, 2014. In 

addition, the Commission has estimated 

the number of licensed noncommercial 

educational (‘‘NCE’’) AM radio stations 

to be 168 stations and the number of 

noncommercial educational FM radio 

stations to be 4,082, for a total of 

4,250.38 NCE stations are non-profit, and 

therefore considered to be small 

entities.39 Therefore, we estimate that 

the majority of radio broadcast stations 

are small entities. 

26. Low Power FM Stations. The same 

SBA definition that applies to radio 

stations would apply to low power FM 

stations. As noted above, the SBA has 

created the following small business 

size standard for this category: Those 

having $38.5 million or less in annual 

receipts.40 The Commission has 

estimated the number of licensed low 

power FM stations to be 814.41 Given 

the nature of these services, we will 

presume that these licensees qualify as 

small entities under the SBA definition. 

27. We note again, however, that in 

assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) 

affiliations 42 must be included. Because 

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75778 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Proposed Rules 

or has the power to control both.’’ 13 CFR 

21.103(a)(1). 43 5 U.S.C. 603(c)(1) through (c)(4). 

we do not include or aggregate revenues 

from affiliated companies in 

determining whether an entity meets the 

applicable revenue threshold, our 

estimate of the number of small radio 

broadcast stations affected is likely 

overstated. In addition, as noted above, 

one element of the definition of ‘‘small 

business’’ is that an entity not be 

dominant in its field of operation. We 

are unable at this time to define or 

quantify the criteria that would 

establish whether a specific radio 

broadcast station is dominant in its field 

of operation. Accordingly, our estimate 

of small radio stations potentially 

affected by the proposed rules includes 

those that could be dominant in their 

field of operation. For this reason, such 

estimate likely is over-inclusive. 

4. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

28. In this section, we identify the 

reporting, recordkeeping, and other 

compliance requirements proposed in 

the NPRM and consider whether small 

entities are affected disproportionately 

by any such requirements. 

29. Reporting Requirements. The 

NPRM does not propose to adopt 

reporting requirements. 

30. Recordkeeping Requirements. The 

NPRM proposes certain recordkeeping 

requirements that would be applicable 

to covered small entities. In particular, 

the NPRM: 

• Proposes to allow broadcast 

licensees to satisfy their obligation to 

disclose material contest terms by 

posting such terms on the station’s Web 

site, the licensee’s Web site, or, if 

neither the station nor the licensee has 

its own Web site, any publicly 

accessible Internet Web site; 

• proposes that any material contest 

terms announced on air must not differ 

from the material terms disclosed on a 

Web site; 

• proposes to require stations that 

choose to satisfy their disclosure 

obligations via an Internet Web site to 

broadcast the complete, direct Web site 

address where the contest terms are 

posted each time the station mentions or 

advertises a contest; 

• proposes that, if a licensee that 

chooses to satisfy its disclosure 

obligations via an Internet Web site 

changes the material terms of a contest 

after the contest is first announced, such 

licensee be required to announce on air 

that the contest terms have changed and 

direct participants to the Web site to 

review the changes; and 

• seeks comment on whether a 

licensee that chooses to satisfy its 

disclosure obligations via the Internet 

and that changes contest terms after a 

contest is first announced, must repeat 

that the contest terms have changed 

each time it announces the contest and 

broadcasts the Web site address where 

such terms are posted, and if so, how 

long that requirement should last. 

31. Other Compliance Requirements. 

The NPRM seeks comment on other 

compliance requirements that would be 

applicable to covered small entities. In 

particular, the NPRM: 

• Seeks comment on whether and to 

what extent the Commission should 

adopt rules specifying the format for 

contest disclosures that are posted on 

Internet Web sites and how long stations 

should be required to maintain such 

disclosures on a Web site; 

• seeks comment on whether 

licensees should be required to set apart 

or distinguish in some way contest 

terms deemed ‘‘material’’ from other 

contest information to ensure that 

important contest information is readily 

available to the public; 

• seeks comment on whether to adopt 

requirements designed to ensure that 

the material terms of a contest are easy 

for consumers to locate on a public Web 

site; 

• seeks comment on whether to 

require that a public Web site that is 

used to comply with the Contest Rule’s 

disclosure requirements be accessible to 

the public 24/7 during the contest, for 

free, and without any registration 

requirement, and whether there are 

other characteristics that such Web sites 

should be required to possess; 

• seeks comment on how licensees 

can anticipate and avoid problems 

associated with posting contest terms to 

non-licensee Web sites; 

• seeks comment on whether there 

are any differences between radio and 

television licensees that merit different 

treatment in the rule; and 

• seeks comment on whether, if 

broadcast disclosure is retained as one 

method of complying with the Contest 

Rule, any changes should be made to 

the rule to improve the effectiveness of 

broadcasting material contest terms. 

32. Because no commenter provided 

information specifically quantifying the 

costs and administrative burdens 

associated with the Petitioner’s 

proposed rule revisions, we cannot 

precisely estimate the impact of the 

rules proposed in the NPRM on small 

entities. However, the proposed 

revisions will afford all licensees, 

including small broadcasters, greater 

flexibility in the method by which they 

comply with the Contest Rule. In 

addition, we note that the proposed 

revisions were derived largely from the 

Petition for Rulemaking in this 

proceeding, which was unopposed and 

supported by all commenters, including 

small broadcasters. Thus, we find it 

reasonable to conclude that any costs or 

burdens on small entities resulting from 

the proposed requirements will be 

outweighed by the benefits. 

5. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

33. The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance, rather than 

design, standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for small entities.43

34. The accompanying NPRM 

principally proposes to amend § 73.1216 

of the Commission’s rules by allowing 

all licensees, including small 

broadcasters, to meet their obligation to 

disclose material contest terms either 

through broadcast announcements or by 

making such terms available in writing 

on a publicly accessible Internet Web 

site. This revision to the rule is intended 

to give broadcasters greater flexibility in 

the manner by which they satisfy their 

obligation to disclose material contest 

terms, while ensuring adequate notice of 

such terms to the public. Whereas under 

the current rule, licensees must expend 

time and resources developing 

broadcast messages that adequately 

disclose important contest information, 

licensees will have the option to 

disclose such information through the 

Internet. Permitting disclosure through 

this additional method is potentially 

less costly and administratively 

burdensome for licensees, and will 

minimize the economic impact on small 

entities. One commenter has estimated, 

for example, that as much as two hours 

that are presently devoted by licensees 

to the production of contest-related 

broadcast spots will be spared. 

Moreover, the air time that is likely to 

be freed up as a result of more 

abbreviated contest-related 

announcements in some cases could be 

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44Pub. L. 104–13. 

45Pub. L. 107–198. 

46 44 U.S.C. 3506(c)(4). 

47See 47 CFR 1.1206(b); see also id. 1.1202, 

1.1203. 

48See id. 1.1206(b)(2). 

49See id. 1.415, 1.419. 

50See Electronic Filing of Documents in 

Rulemaking Proceedings, Report and Order, 13 FCC 

Rcd 11322 (1998). 

used for advertising spots. As noted, the 

Petition for Rulemaking in this 

proceeding was uniformly supported by 

commenting parties, including small 

entities. Thus, we anticipate that the 

proposed rule revisions, if adopted, will 

only benefit small broadcast entities. 

Nevertheless, the NPRM seeks comment 

on the potential impact of its proposed 

rules on such entities. 

6. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rule 

35. None. 

B. Paperwork Reduction Act 

36. This document contains proposed 

new information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995.44 In addition, pursuant to the 

Small Business Paperwork Relief Act of 

2002,45 we seek specific comment on 

how we might ‘‘further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees.’’ 46

C. Ex Parte Rules 

37. Permit-But-Disclose. This 

proceeding will be treated as a ‘‘permitbut-disclose’’ proceeding subject to the 

‘‘permit-but-disclose’’ requirements 

under § 1.1206(b) of the Commission’s 

rules.47 Ex parte presentations are 

permissible if disclosed in accordance 

with Commission rules, except during 

the Sunshine Agenda period when 

presentations, ex parte or otherwise, are 

generally prohibited. Persons making 

oral ex parte presentations are reminded 

that a memorandum summarizing a 

presentation must contain a summary of 

the substance of the presentation and 

not merely a listing of the subjects 

discussed. More than a one- or twosentence description of the views and 

arguments presented is generally 

required.48 Additional rules pertaining 

to oral and written presentations are set 

forth in § 1.1206(b). 

D. Filing Requirements 

38. Comments and Replies. Pursuant 

to §§ 1.415 and 1.419 of the 

Commission’s rules,49 interested parties 

may file comments and reply comments 

on or before the dates indicated on the 

first page of this document. Comments 

may be filed using: (1) The 

Commission’s Electronic Comment 

Filing System (‘‘ECFS’’), (2) the Federal 

Government’s eRulemaking Portal, or (3) 

by filing paper copies.50

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

39. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. The filing hours 

are 8:00 a.m. to 7:00 p.m. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

40. Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS. Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. 

41. Accessibility Information. To 

request information in accessible 

formats (computer diskettes, large print, 

audio recording, and Braille), send an 

email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). This 

document can also be downloaded in 

Word and Portable Document Format 

(PDF) at: http://www.fcc.gov. 

42. Additional Information. For 

additional information on this 

proceeding, contact Raelynn Remy of 

the Media Bureau, Policy Division, (202) 

418–2936, Raelynn.Remy@fcc.gov. 

V. Ordering Clauses 

43. Accordingly, it is ordered that 

pursuant to the authority contained in 

sections 4(i), 4(j) and 303 of the 

Communications Act of 1934, as 

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

303, this 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 

the Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Act Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 73 

Advertising, Consumer protection, 

Fraud, Television broadcasters. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

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, 336, 

339. 

■ 2. Amend § 73.1216 by revising Note 

2 to read as follows: 

§ 73.1216 Licensee-conducted contests. 

* * * * * 

Note 2: In general, the time and 

manner of disclosure of the material 

terms of a contest are within the 

licensee’s discretion. However, the 

obligation to disclose the material terms 

arises at the time the audience is first 

told how to enter or participate and 

continues thereafter. The disclosure of 

material terms shall be made by the 

station conducting the contest by either: 

(a) Periodic disclosures broadcast on the 

station; or (b) written disclosures on the 

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75780 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Proposed Rules 

station’s Internet Web site, the licensee’s 

Web site, or if neither the individual 

station nor the licensee has its own Web 

site, any Internet Web site that is 

publicly accessible. In the former case, 

a reasonable number of periodic 

broadcast disclosures is sufficient. In 

the latter case, the station shall 

announce over the air the availability of 

material terms on the Web site and 

identify the complete, direct Web site 

address where the terms are posted each 

time the station mentions or advertises 

the contest. Material contest terms that 

are disclosed on an Internet Web site 

must conform in all substantive respects 

to those mentioned over the air. Any 

changes to the material terms during the 

course of the contest must be fully 

disclosed on air or the fact that such 

changes have been made must be 

announced on air and participants must 

be directed to the written disclosures on 

the Web site. 

* * * * * 

[FR Doc. 2014–29633 Filed 12–18–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 622 

RIN 0648–BE20 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 32 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The South Atlantic Fishery 

Management Council (Council) has 

submitted Amendment 32 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP) for review, approval, and 

implementation by NMFS. Amendment 

32 proposes actions to remove blueline 

tilefish from the deep-water complex; 

revise definitions of management 

thresholds for blueline tilefish; establish 

blueline tilefish commercial and 

recreational sector annual catch limits 

(ACLs), accountability measures (AMs), 

and recreational annual catch targets 

(ACTs); establish a blueline tilefish 

commercial trip limit; revise the 

blueline tilefish recreational bag limit; 

and revise the deep-water complex 

ACLs, AMs, and recreational ACT. The 

purpose of Amendment 32 is to specify 

ACLs and AMs for blueline tilefish to 

end overfishing of the stock and 

maintain catch levels consistent with 

achieving optimum yield (OY) for the 

blueline tilefish and deep-water 

complex resource. 

DATES: Written comments must be 

received on or before February 17, 2015. 

ADDRESSES: You may submit comments 

on Amendment 32, identified by 

‘‘NOAA–NMFS–2014–0145’’ 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-2014- 

0145, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Rick DeVictor, 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). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Electronic copies of Amendment 32, 

which includes an environmental 

assessment, an initial regulatory 

flexibility analysis (IRFA), and a 

regulatory impact review, may be 

obtained from the Southeast Regional 

Office Web site at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/s_atl/sg/2014/am32/

index.html. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, telephone: 727–824–5305, or 

email: rick.devictor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the FMP. The 

FMP was prepared by the Council and 

is implemented through regulations at 

50 CFR part 622 under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Background 

A benchmark assessment for the 

blueline tilefish stock in the South 

Atlantic was conducted through the 

Southeast, Data, Assessment, and 

Review (SEDAR) process in 2013 

(SEDAR 32). At its October 2013 

meeting, the Council’s Scientific and 

Statistical Committee (SSC) and the 

Council determined the 2013 stock 

assessment was based on the best 

scientific information available and 

considered the assessment to be 

appropriate for management decisions. 

The assessment determined that the 

blueline tilefish stock is undergoing 

overfishing in the South Atlantic. As 

required by the Magnuson-Stevens Act, 

the Council must therefore implement 

measures to end overfishing within 2 

years of notification of an overfishing 

status. NMFS notified the Council of the 

blueline tilefish stock status on 

December 6, 2013. 

The Magnuson-Stevens Act requires 

that ACLs and AMs be implemented to 

prevent overfishing and achieve the OY 

from a fishery. An ACL is the level of 

annual catch of a stock that if exceeded, 

triggers AMs. AMs are management 

controls to prevent ACLs from being 

exceeded and to correct any overages of 

ACLs if they occur. Two examples of 

AMs include an in-season closure if 

landings reach or are projected to reach 

the ACL, and a post-season overage 

adjustment which would reduce the 

ACL if an overage occurred during the 

previous fishing year. 

NMFS published an emergency rule 

on April 17, 2014 (79 FR 21636) that 

implemented temporary measures to 

reduce overfishing of blueline tilefish 

while Amendment 32 was being 

developed. Those measures were 

extended through a temporary rule on 

October 14, 2014 (79 FR 61262, October 

10, 2014) and are effective through April 

18, 2015, while Amendment 32 and its 

associated rulemaking are under review. 

The temporary measures of the 

emergency action include the following: 

Removal of blueline tilefish from the 

deep-water complex, specification of 

sector ACLs and AMs for blueline 

tilefish, and revision to the deep-water 

complex ACL to reflect the removal of 

blueline tilefish from the complex. 

Amendment 32 proposes to remove 

blueline tilefish from the deep-water 

complex; revise definitions of 

management thresholds for blueline 

tilefish; establish blueline tilefish 

commercial and recreational sector 

ACLs, AMs, and recreational ACTs; 

establish a blueline tilefish commercial 

trip limit; revise the blueline tilefish 

recreational bag limit; and revise the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS