Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities, 23815-23816 [E9-11934]

Download as PDF Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 84 [Docket Number NIOSH–109] RIN 0920–AA04 Quality Assurance Requirements for Respirators dwashington3 on PROD1PC60 with PROPOSALS-1 AGENCY: Centers for Disease Control and Prevention, HHS. ACTION: Notice of proposed rulemaking; reopening of comment period. SUMMARY: The Department of Health and Human Services (DHHS) is reopening the comment period until October 9, 2009 for the Notice of Proposed Rulemaking on Quality Assurance Requirements for Respirators that was published in the Federal Register on Wednesday, December 10, 2008 (73 FR 75045). The comment period previously closed on April 10, 2009. DATES: All written comments on the proposed rule must be received on or before October 9, 2009. ADDRESSES: You may submit comments, identified by RIN: 0920–AA04, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: niocindocket@cdc.gov. Include ‘‘RIN: 0920–AA04’’ and ‘‘42 CFR pt. 84’’ in the subject line of the message. • Mail: NIOSH Docket Office, Docket #109, Robert A. Taft Laboratories, MS– C34, 4676 Columbia Parkway, Cincinnati, OH 45226. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this rulemaking, RIN: 0920–AA04. All comments received will be posted without change to https://www.cdc.gov/ niosh/docket, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to https:// www.cdc.gov/niosh/docket. FOR FURTHER INFORMATION CONTACT: Jonathan V. Szalajda, NIOSH, National Personal Protective Technology Laboratory (NPPTL), Post Office Box 18070, 626 Cochrans Mill Road, Pittsburgh, Pennsylvania 15236, telephone (412) 386–5200, facsimile (412) 386–4089, e-mail zfx1@cdc.gov. SUPPLEMENTARY INFORMATION: The Department of Health and Human Services published a proposed rule on the Quality Assurance Requirements for VerDate Nov<24>2008 12:14 May 20, 2009 Jkt 217001 Respirators on December 10, 2008 and requested comments on this proposed rule on or before February 9, 2009 (73 FR 75045). On March 4, 2009, the Department announced two public meetings and reopened the comment period for the proposed rule until April 10, 2009 (74 FR 9381). The Department held the two public meetings on March 23, 2009 and March 30, 2009. A commenter requested that the Department extend the public comment period, noting that the costs associated with the proposed QA requirements related to inspections, audits, documentation, complaint management, and document control administration are significant. The Department believes that the request to re-open the comment period is reasonable. Therefore, we are reopening the comment period for this proposal until October 9, 2009. Dated: May 15, 2009. Ashley Files Flory, Acting Executive Secretary to the Department. [FR Doc. E9–11947 Filed 5–20–09; 8:45 am] BILLING CODE 4163–18–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket 03–123; FCC 09–39] Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: In this document, the Commission seeks comment on whether it should adopt new Video Relay Service (VRS) reimbursement rates that reflect the cost data in the fund administrator’s recent filing with the FCC, rather than continuing the current rates. DATES: Comments are due June 4, 2009. Reply comments are due on or before June 11, 2009. ADDRESSES: Interested parties may submit comments identified by CG Docket No. 03–123, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting electronic filings. • Federal Communications Commission’s Web Site: https:// www.fcc.gov/cgb/ecfs. Follow the instructions for submitting electronic filings. In completing the transmittal PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 23815 screen, filers should include their full name, U.S. Postal Service mailing address, and CG Docket No. 03–123. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, ‘‘get form <your e-mail address>.’’ A sample form and directions will be sent in response. • Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • The Commission’s contractor will receive hand-delivered or messengerdelivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. • Commercial mail sent by 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 should be addressed to 445 12th Street, SW., Washington, DC 20554. 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), (202) 418–0432 (TTY). FCC 09–39 can also be downloaded in Word or Portable Document Format (PDF) at: https:// www.fcc.gov/cgb/dro/trs.html. FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer and Governmental Affairs Bureau, Disability Rights Office, at (202) 418–1475 (voice), (202) 418–0597 (TTY), or e-mail: Thomas.Chandler@fcc.gov. This is a summary of the Commission’s Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Notice of Proposed Rulemaking, document FCC 09–39, SUPPLEMENTARY INFORMATION: E:\FR\FM\21MYP1.SGM 21MYP1 23816 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules adopted May 12, 2009 and released May 14, 2009 (NPRM), in CG Docket No. 03– 123, seeking comment on whether the Commission should adjust VRS rates for the 2009–2010 Fund year. The full text of FCC 09–39 and subsequently filed documents in this matter are 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. They may also be purchased from the Commission’s duplicating contractor at Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554; the contractor’s Web site, https:// www.bcpiweb.com; or by calling (800) 378–3160. FCC 09–39 and subsequently filed documents in this matter may also be found by searching ECFS at https:// www.fcc.gov/cgb/ecfs (insert CG Docket No. 03–123 into the Proceeding block). 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), (202) 418–0432 (TTY). FCC 09–39 can also be downloaded in Word or Portable Document Format (PDF) at: https:// www.fcc.gov/cgb/dro/trs.html. dwashington3 on PROD1PC60 with PROPOSALS-1 Initial Paperwork Reduction Act of 1995 Analysis The NPRM does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Synopsis In the NPRM, the Commission seeks comment on whether it should recalculate the VRS rates established in Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order and Declaratory Ruling, CG Docket No. 03– 123, FCC 07–186, published at 73 FR 44170, July 30, 2008 (2007 TRS Rate Methodology Order) for the 2009–2010 Fund year based on recent data reflecting the actual costs of providing this service. The funding requirement for all forms of TRS has grown from approximately $64 million for the 2002– 2003 Fund year (the first year VRS was widely offered) to a proposed $890,992,075 for the 2009–2010 Fund VerDate Nov<24>2008 12:14 May 20, 2009 Jkt 217001 year, and VRS continues to represent an increasingly large percentage of the total Fund size (for 2009–2010, 123,844,666 projected minutes of use, with payments totaling approximately $779,873,811, or 87 percent of the total Fund). The NPRM notes that the VRS rates adopted in 2007 may not accurately reflect the providers’ reasonable actual costs of providing service in compliance with FCC rules. Current data show that VRS providers’ average actual costs per minute were $4.5568 in 2006, $3.9950 in 2007, and $4.1393 in 2008. The Commission, therefore, seeks comment on whether, for the 2009–2010 Fund year, it should adopt new VRS rates that correlate to providers’ cost data, rather than continuing to base rates on the 2007 TRS Rate Methodology Order. Initial Regulatory Flexability Act The Regulatory Flexibility Act of 1980, as amended (RFA), requires that an initial regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ 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) satisfies any additional criteria established by the Small Business Administration (SBA). The NPRM seeks comment on a proposal for recalculating the VRS rates for the 2009–2010 Fund year based on recent data reflecting the actual costs of providing this service. The Commission notes that the funding requirement has grown from approximately $64 million for the 2002– 2003 Fund year to a proposed $890,992,075 for the 2009–2010 Fund year, and that VRS continues to represent an increasingly large percentage of the total Fund size (for 2009–2010, 123,844,666 projected minutes of use, with payments totaling approximately $779,873,811, or 87 percent). The Commission also notes that the Fund administrator has indicated that VRS providers’ average actual cost per minute was $4.5568 in 2006, $3.9950 in 2007, and $4.1393 in 2008. The Commission now has the benefit of experience with two VRS rate cycles since the adoption of the 2007 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 TRS Rate Methodology Order, and the VRS rates adopted in that order may not accurately reflect the providers’ reasonable actual costs of providing service in compliance with our rules. The Commission therefore seeks comment on whether to adopt new VRS rates that reflect providers’ cost data, rather than continue to base rates on the 2007 TRS Rate Methodology Order that may result in the overpayment of providers contrary to section 225 and our rules. The Commission believes this action is consistent with its duty to protect the integrity of the Fund and American consumers who pay into the Fund, and with the statutory mandate to ensure that TRS is offered ‘‘in the most efficient manner’’ to persons with hearing and speech disabilities, 47 U.S.C. 225(b)(1); see also Telecator Network of America v. FCC, 691 F.2d 525, 550 n. 191 (DC Cir. 1982) (‘‘The Commission has an ongoing obligation to monitor its regulatory programs and make adjustments in light of actual experience. * * * This duty to finetune its regulatory approach as more information becomes available is necessarily the price of leeway the courts accord the Commission to pursue plans and policies bottomed on informed prediction.’’). Ordering Clauses Pursuant to Sections 1, 4(i) and (o), 225, 303(r), 403, 624(g), and 706 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (o), 225, 303(r), 403, 554(g), and 606, the Notice of Proposed Rulemaking is adopted. 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 Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–11934 Filed 5–20–09; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [WP Docket No. 07–100; FCC 09–29] Private Land Mobile Radio Services AGENCY: Federal Communications Commission. ACTION: Proposed rule. E:\FR\FM\21MYP1.SGM 21MYP1

Agencies

[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Proposed Rules]
[Pages 23815-23816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11934]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket 03-123; FCC 09-39]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission seeks comment on whether it 
should adopt new Video Relay Service (VRS) reimbursement rates that 
reflect the cost data in the fund administrator's recent filing with 
the FCC, rather than continuing the current rates.

DATES: Comments are due June 4, 2009. Reply comments are due on or 
before June 11, 2009.

ADDRESSES: Interested parties may submit comments identified by CG 
Docket No. 03-123, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting electronic filings.
     Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting electronic 
filings. In completing the transmittal screen, filers should include 
their full name, U.S. Postal Service mailing address, and CG Docket No. 
03-123. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions, filers should send an e-mail to 
ecfs@fcc.gov, and include the following words in the body of the 
message, ``get form .'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial mail sent by 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 should be addressed to 445 12th Street, SW., Washington, DC 20554.
    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), (202) 418-0432 (TTY). FCC 09-
39 can also be downloaded in Word or Portable Document Format (PDF) at: 
https://www.fcc.gov/cgb/dro/trs.html.

FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
1475 (voice), (202) 418-0597 (TTY), or e-mail: Thomas.Chandler@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Notice of Proposed 
Rulemaking, document FCC 09-39,

[[Page 23816]]

adopted May 12, 2009 and released May 14, 2009 (NPRM), in CG Docket No. 
03-123, seeking comment on whether the Commission should adjust VRS 
rates for the 2009-2010 Fund year. The full text of FCC 09-39 and 
subsequently filed documents in this matter are 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. They may also be purchased from the 
Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554; the contractor's Web site, 
https://www.bcpiweb.com; or by calling (800) 378-3160. FCC 09-39 and 
subsequently filed documents in this matter may also be found by 
searching ECFS at https://www.fcc.gov/cgb/ecfs (insert CG Docket No. 03-
123 into the Proceeding block).
    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), (202) 418-0432 (TTY). FCC 09-
39 can also be downloaded in Word or Portable Document Format (PDF) at: 
https://www.fcc.gov/cgb/dro/trs.html.

Initial Paperwork Reduction Act of 1995 Analysis

    The NPRM does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Synopsis

    In the NPRM, the Commission seeks comment on whether it should 
recalculate the VRS rates established in Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, Report and Order and Declaratory Ruling, CG Docket 
No. 03-123, FCC 07-186, published at 73 FR 44170, July 30, 2008 (2007 
TRS Rate Methodology Order) for the 2009-2010 Fund year based on recent 
data reflecting the actual costs of providing this service. The funding 
requirement for all forms of TRS has grown from approximately $64 
million for the 2002-2003 Fund year (the first year VRS was widely 
offered) to a proposed $890,992,075 for the 2009-2010 Fund year, and 
VRS continues to represent an increasingly large percentage of the 
total Fund size (for 2009-2010, 123,844,666 projected minutes of use, 
with payments totaling approximately $779,873,811, or 87 percent of the 
total Fund). The NPRM notes that the VRS rates adopted in 2007 may not 
accurately reflect the providers' reasonable actual costs of providing 
service in compliance with FCC rules. Current data show that VRS 
providers' average actual costs per minute were $4.5568 in 2006, 
$3.9950 in 2007, and $4.1393 in 2008.
    The Commission, therefore, seeks comment on whether, for the 2009-
2010 Fund year, it should adopt new VRS rates that correlate to 
providers' cost data, rather than continuing to base rates on the 2007 
TRS Rate Methodology Order.

Initial Regulatory Flexability Act

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that an initial regulatory flexibility analysis be prepared for notice-
and-comment rulemaking proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' 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) satisfies any additional criteria established by the Small Business 
Administration (SBA). The NPRM seeks comment on a proposal for 
recalculating the VRS rates for the 2009-2010 Fund year based on recent 
data reflecting the actual costs of providing this service. The 
Commission notes that the funding requirement has grown from 
approximately $64 million for the 2002-2003 Fund year to a proposed 
$890,992,075 for the 2009-2010 Fund year, and that VRS continues to 
represent an increasingly large percentage of the total Fund size (for 
2009-2010, 123,844,666 projected minutes of use, with payments totaling 
approximately $779,873,811, or 87 percent). The Commission also notes 
that the Fund administrator has indicated that VRS providers' average 
actual cost per minute was $4.5568 in 2006, $3.9950 in 2007, and 
$4.1393 in 2008. The Commission now has the benefit of experience with 
two VRS rate cycles since the adoption of the 2007 TRS Rate Methodology 
Order, and the VRS rates adopted in that order may not accurately 
reflect the providers' reasonable actual costs of providing service in 
compliance with our rules. The Commission therefore seeks comment on 
whether to adopt new VRS rates that reflect providers' cost data, 
rather than continue to base rates on the 2007 TRS Rate Methodology 
Order that may result in the overpayment of providers contrary to 
section 225 and our rules. The Commission believes this action is 
consistent with its duty to protect the integrity of the Fund and 
American consumers who pay into the Fund, and with the statutory 
mandate to ensure that TRS is offered ``in the most efficient manner'' 
to persons with hearing and speech disabilities, 47 U.S.C. 225(b)(1); 
see also Telecator Network of America v. FCC, 691 F.2d 525, 550 n. 191 
(DC Cir. 1982) (``The Commission has an ongoing obligation to monitor 
its regulatory programs and make adjustments in light of actual 
experience. * * * This duty to finetune its regulatory approach as more 
information becomes available is necessarily the price of leeway the 
courts accord the Commission to pursue plans and policies bottomed on 
informed prediction.'').

Ordering Clauses

    Pursuant to Sections 1, 4(i) and (o), 225, 303(r), 403, 624(g), and 
706 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i) and (o), 225, 303(r), 403, 554(g), and 606, the Notice of 
Proposed Rulemaking is adopted.
    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 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

 Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-11934 Filed 5-20-09; 8:45 am]
BILLING CODE 6712-01-P
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