Open Video System, 5048-5050 [2015-01594]
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5048
§ 402.5
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations
New Business Incentive Program.
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(c) A commodity/origin/destination
combination that qualifies as New
Business on or before the 30th day of
September in any navigation season
continues to qualify as New Business in
the two consecutive navigation seasons
immediately following the then current
navigation season.
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3. In § 402.7, redesignate current
paragraphs (a)(3) and (4) as paragraphs
(a)(4) and (5), respectively, and add a
new paragraph (a)(3) to read as follows:
■
2.
Service Incentive Program.
(a) * * *
(3) The service must not be limited to
the movement of one specific
commodity;
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■ 4. Revise § 402.11 to read as follows:
§ 402.11
Schedule of tolls.
Column 2
Rate ($) Montreal to or
from Lake Ontario
(5 locks)
Column 1
Item description of charges
1.
§ 402.7
Subject to item 3, for complete transit of the Seaway, a composite toll, comprising:
(1) a charge per gross registered ton of the ship, applicable whether the ship is
wholly or partially laden, or is in ballast, and the gross registered tonnage being
calculated according to prescribed rules for measurement or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from
time to time 1.
(2) a charge per metric ton of cargo as certified on the ship’s manifest or other
document, as follows:
(a) bulk cargo .......................................................................................................
(b) general cargo ..................................................................................................
(c) steel slab .........................................................................................................
(d) containerized cargo .........................................................................................
(e) government aid cargo .....................................................................................
(f) grain .................................................................................................................
(g) coal ..................................................................................................................
(3) a charge per passenger per lock ...........................................................................
(4) a lockage charge per Gross Registered Ton of the vessel, as defined in item
1(1), applicable whether the ship is wholly or partially laden, or is in ballast, for
transit of the Welland Canal in either direction by cargo ships,
Up to a maximum charge per vessel ...................................................................
Subject to item 3, for partial transit of the Seaway .....................................................
3.
Minimum charge per vessel per lock transited for full or partial transit of the Seaway.
4. A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 2.
5. Under the New Business Initiative Program, for cargo accepted as New Business, a
percentage rebate on the applicable cargo charges for the approved period.
6. Under the Volume Rebate Incentive program, a retroactive percentage rebate on
cargo tolls on the incremental volume calculated based on the pre-approved maximum volume.
7. Under the New Service Incentive Program, for New Business cargo moving under
an approved new service, an additional percentage refund on applicable cargo tolls
above the New Business rebate.
Column 3
Rate ($) Welland Canal—
Lake Ontario to or from
Lake Erie
(8 locks)
0.1040 ..............................
0.1665.
1.0781 ..............................
2.5978 ..............................
2.3511 ..............................
1.0781 ..............................
n/a ....................................
0.6624 ..............................
0.6624 ..............................
1.6153 ..............................
n/a ....................................
0.7359.
1.1777.
0.8431.
0.7359.
n/a.
0.7359.
0.7359.
1.6153.
0.2772.
n/a ....................................
20 per cent per lock of
the applicable charge
under items 1(1), 1(2)
and 1(4) plus the applicable charge under
items 1(3).
26.92 ................................
3,877.00.
13 per cent per lock of
the applicable charge
under items 1(1), 1(2)
and 1(4) plus the applicable charge under
items 1(3).
26.92.
30.00 3 ..............................
30.00.
20% ..................................
20%.
10% ..................................
10%.
20% ..................................
20%.
1 Or
under the US GRT for vessels prescribed prior to 2002.
applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or
$30 Canadian per lock. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)).
3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via paypal.
2 The
rljohnson on DSK4SPTVN1PROD with RULES
Issued at Washington, DC, on January 26,
2015.
Saint Lawrence Seaway Development
Corporation.
Carrie Lavigne,
Chief Counsel.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
nonsubstantive, editorial revisions to
correct outdated cross-references in the
Federal Communications Commission’s
Open Video System (OVS) rules.
[DA 14–1892]
DATES:
[FR Doc. 2015–01725 Filed 1–29–15; 8:45 am]
Open Video System
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4910–61–P
AGENCY:
Federal Communications
Commission.
ACTION: Final rule.
In this document, the Office
of the Managing Director (OMD) makes
SUMMARY:
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14:34 Jan 29, 2015
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Effective March 2, 2015.
For
additional information on this
proceeding, contact Diana Sokolow,
Diana.Sokolow@fcc.gov, of the Policy
Division, Media Bureau, (202) 418–
2120.
E:\FR\FM\30JAR1.SGM
30JAR1
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations
This is a
summary of the Office of the Managing
Director’s Order, DA 14–1892, adopted
and released on December 23, 2014. The
full text of this document 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
https://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).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act of 1995
Analysis
This document does not contain new
or modified information collection(s)
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any new
or modified ‘‘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). The Commission will
file a nonsubstantive modification to the
information collection that contains
§§ 76.1601, 76.1607, 76.1617, and
76.1708 (OMB 3060–0649).
rljohnson on DSK4SPTVN1PROD with RULES
Synopsis
I. Discussion
1. By this Order, the Office of the
Managing Director (OMD) makes
nonsubstantive, editorial revisions to
correct outdated cross-references in the
Federal Communications Commission’s
open video system (OVS) rules. These
nonsubstantive revisions are part of the
Commission’s ongoing examination and
improvement of its processes and
procedures. Specifically, § 76.1506(g) of
the Commission’s rules applies to OVS
operators the cable operator notification
requirements contained in § 76.58.1
While § 76.58 contained those
notification requirements when
§ 76.1506(g) was adopted,2 in 1999 the
Commission deleted § 76.58 and moved
1 47
CFR 76.1506(g).
Open Video Systems, 61 FR 28698 (June 5,
2 See
1996).
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Jkt 235001
its contents to new sections of the Code
of Federal Regulations (CFR) with the
minor modifications discussed below.3
Accordingly, in this Order we correct
the outdated cross-references in
§ 76.1506(g).
2. These revisions update references
to obsolete rule sections. Accordingly,
we find good cause to conclude that
notice and comment procedures are
unnecessary and would not serve any
useful purpose.4 The Commission’s
rules provide its Managing Director, or
his or her designee, with ‘‘delegated
authority to make nonsubstantive,
editorial revisions of the Commission’s
rules and regulations upon approval of
the bureau or staff office primarily
responsible for the particular part or
section involved.’’ 5 Updating the crossreferences in § 76.1506(g) is a
nonsubstantive change, and the Media
Bureau has approved the corrections
made herein.
3. Upon the deletion of § 76.58 of the
Commission’s rules in 1999, the
Commission moved the contents of
§ 76.58(a) to § 76.1601.6 The
Commission also moved the contents of
§ 76.58(b), (d) and (e) to § 76.1617.7
Further, the Commission moved the
contents of § 76.58(c) to § 76.1607 and
part of § 76.1708(a).8 Additionally, the
Commission moved the note to § 76.58
to § 76.1601.9 However, § 76.1506(g)
continues to cross-reference deleted
§ 76.58.
4. We revise § 76.1506(g) of the
Commission’s rules to eliminate crossreferences to deleted § 76.58 and replace
those references with the updated cable
rule sections. We need not revise FCC
Form 1275, Certification for Open Video
Systems, because that form does not
3 See 1998 Biennial Regulatory Review—
Streamlining of Cable Television Services, part 76
Public File and Notice Requirements, Report and
Order, 14 FCC Rcd 4653 (1999) (1998 Biennial
Review Order). Appendix D of the 1998 Biennial
Review Order contains a list of the new regulations
and the sections from which the new regulations
were moved.
4 See 5 U.S.C. 553(b)(3)(B).
5 47 CFR 0.231(b).
6 See 47 CFR 76.1601.
7 In 1999, the Commission decided that the
references to the 1993 notification requirements
contained in § 76.58 were outdated and, thus,
replaced those references with more general
language, a 60 day notification requirement, when
it moved the contents of § 76.58(b), (d) and (e) into
new § 76.1617. See 47 CFR 76.1617; 1998 Biennial
Review Order, 14 FCC Rcd at Appendix C. The 1998
Biennial Review Order contained a discussion of the
replacement of the 1993 dates with the new 60-day
notification requirements, and while the text
referenced these requirements as appearing in new
§ 76.1619, an erratum indicated that they actually
appear in § 76.1617. 1998 Biennial Review Order, 14
FCC Rcd at 4667, paras. 28–29; Erratum, 1999 WL
163015, at Appendix C (Mar. 26, 1999).
8 See 47 CFR 76.1607 and 76.1708(a).
9 See Note 1 to § 76.1601.
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5049
mention deleted § 76.58. In addition, to
make § 76.1506(g) easier to read now
that it will cross-reference multiple rule
sections instead of a single rule section,
we make editorial revisions by merging
the three former sentences into a single
sentence. Section 76.1506(g) will now
read, ‘‘Any provision of §§ 76.1601,
76.1607, 76.1617, or 76.1708(a) (second
sentence) that refers to a ‘cable
operator,’ ‘cable system,’ or ‘principal
headend’ shall apply, respectively, to an
open video system operator, to an open
video system, or to the equivalent of the
principal headend for an open video
system.’’ The corrections discussed
herein are nonsubstantive, editorial
revisions that the Media Bureau has
approved, and OMD thus has authority
to implement them pursuant to
§ 0.231(b).10
II. Procedural Matters
A. Regulatory Flexibility Act
5. Because we adopt this Order
without notice and comment, the
Regulatory Flexibility Act (RFA) does
not apply.11
B. Final Paperwork Reduction Act of
1995 Analysis
6. The Order does not contain new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
‘‘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). The Commission will file a
nonsubstantive modification to the
information collection that contains
§§ 76.1601, 76.1607, 76.1617, and
76.1708 (OMB 3060–0649).
C. Congressional Review Act
7. The Commission will send a copy
of the Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
10 See 47 CFR 0.231(b). In addition, we note that
the Communications Act of 1934, as amended (Act),
directs the Commission to apply to OVS operators
certain provisions that apply to cable operators. See
47 U.S.C. 573(c).
11 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601
et seq., has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Pub. L. 104–121, Title II, 110 Stat. 857
(1996). The SBREFA was enacted as Title II of the
Contract with America Advancement Act of 1996
(CWAAA).
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5050
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations
D. Additional Information
■
8. For additional information on this
proceeding, contact Diana Sokolow,
Diana.Sokolow@fcc.gov, of the Policy
Division, Media Bureau, (202) 418–
2120.
§ 76.1506
signals.
III. Ordering Clauses
9. Accordingly, it is ordered that,
pursuant to the authority found in
sections 4(i), 4(j), 303(r), and 653 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j),
303(r), and 573, and § 0.231(b) of the
Commission’s rules, 47 CFR 0.231(b),
this Order is adopted, effective thirty
(30) days after the date of publication in
the Federal Register.
10. It is ordered that, pursuant to the
authority found in sections 4(i), 4(j),
303(r), and 653 of the Communications
Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 303(r), and 573, and
§ 0.231(b) of the Commission’s rules, 47
CFR 0.231(b), the Commission’s rules
are hereby amended as set forth in the
Final Rules below.
11. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order to the Chief Counsel for
Advocacy of the Small Business
Administration.
12. It is further ordered that the
Commission shall send a copy of this
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 76
Administrative practice and
procedure, Cable television, Equal
employment opportunity, Political
candidates, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Jon Wilkins,
Managing Director.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 76 as
follows:
rljohnson on DSK4SPTVN1PROD with RULES
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
1. The authority citation for part 76
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a,
545, 548, 549, 552, 554, 556, 558, 560, 561,
571, 572, 573.
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14:34 Jan 29, 2015
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2. Amend § 76.1506 by revising
paragraph (g) to read as follows:
Carriage of television broadcast
*
*
*
*
*
(g) Notification. Any provision of
§§ 76.1601, 76.1607, 76.1617, or
76.1708(a) (second sentence) that refers
to a ‘‘cable operator,’’ ‘‘cable system,’’ or
‘‘principal headend’’ shall apply,
respectively, to an open video system
operator, to an open video system, or to
the equivalent of the principal headend
for an open video system.
*
*
*
*
*
[FR Doc. 2015–01594 Filed 1–29–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD744
Fisheries of the Exclusive Economic
Zone Off Alaska; Atka Mackerel in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Atka mackerel in the Eastern
Aleutian district and the Bering Sea
subarea (BSEAI) of the Bering Sea and
Aleutian Island management area
(BSAI) by vessels participating in the
BSAI trawl limited access fishery. This
action is necessary to prevent exceeding
the A season allowance of the 2015 Atka
mackerel total allowable catch (TAC) in
the BSEAI allocated to vessels
participating in the BSAI trawl limited
access fishery.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), January 27, 2015, through
1200 hrs, A.l.t., June 10, 2015.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
SUMMARY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season allowance of the 2015
Atka mackerel TAC, in the BSEAI,
allocated to vessels participating in the
BSAI trawl limited access fishery was
established as a directed fishing
allowance of 1,150 metric tons by the
final 2014 and 2015 harvest
specifications for groundfish in the
BSAI (79 FR 12108, March 4, 2014), and
as adjusted by an inseason adjustment
(80 FR 188, January 5, 2015).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS, finds that this directed fishing
allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Atka mackerel in the
BSEAI by vessels participating in the
BSAI trawl limited access fishery.
After the effective dates of this
closure, the maximum retainable
amounts at § 679.20(e) and (f) apply at
any time during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of the
Atka mackerel fishery in the BSEAI for
vessels participating in the BSAI trawl
limited access fishery. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of January 26, 2015. The AA
also finds good cause to waive the 30day delay in the effective date of this
action under 5 U.S.C. 553(d)(3). This
finding is based upon the reasons
provided above for waiver of prior
notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\30JAR1.SGM
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Agencies
[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5048-5050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01594]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[DA 14-1892]
Open Video System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Office of the Managing Director (OMD)
makes nonsubstantive, editorial revisions to correct outdated cross-
references in the Federal Communications Commission's Open Video System
(OVS) rules.
DATES: Effective March 2, 2015.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Diana Sokolow, Diana.Sokolow@fcc.gov, of the Policy
Division, Media Bureau, (202) 418-2120.
[[Page 5049]]
SUPPLEMENTARY INFORMATION: This is a summary of the Office of the
Managing Director's Order, DA 14-1892, adopted and released on December
23, 2014. The full text of this document 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 https://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).
Paperwork Reduction Act of 1995 Analysis
This document does not contain new or modified information
collection(s) subject to the Paperwork Reduction Act of 1995, Public
Law 104-13. In addition, therefore, it does not contain any new or
modified ``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). The Commission will file a nonsubstantive modification to
the information collection that contains Sec. Sec. 76.1601, 76.1607,
76.1617, and 76.1708 (OMB 3060-0649).
Synopsis
I. Discussion
1. By this Order, the Office of the Managing Director (OMD) makes
nonsubstantive, editorial revisions to correct outdated cross-
references in the Federal Communications Commission's open video system
(OVS) rules. These nonsubstantive revisions are part of the
Commission's ongoing examination and improvement of its processes and
procedures. Specifically, Sec. 76.1506(g) of the Commission's rules
applies to OVS operators the cable operator notification requirements
contained in Sec. 76.58.\1\ While Sec. 76.58 contained those
notification requirements when Sec. 76.1506(g) was adopted,\2\ in 1999
the Commission deleted Sec. 76.58 and moved its contents to new
sections of the Code of Federal Regulations (CFR) with the minor
modifications discussed below.\3\ Accordingly, in this Order we correct
the outdated cross-references in Sec. 76.1506(g).
---------------------------------------------------------------------------
\1\ 47 CFR 76.1506(g).
\2\ See Open Video Systems, 61 FR 28698 (June 5, 1996).
\3\ See 1998 Biennial Regulatory Review--Streamlining of Cable
Television Services, part 76 Public File and Notice Requirements,
Report and Order, 14 FCC Rcd 4653 (1999) (1998 Biennial Review
Order). Appendix D of the 1998 Biennial Review Order contains a list
of the new regulations and the sections from which the new
regulations were moved.
---------------------------------------------------------------------------
2. These revisions update references to obsolete rule sections.
Accordingly, we find good cause to conclude that notice and comment
procedures are unnecessary and would not serve any useful purpose.\4\
The Commission's rules provide its Managing Director, or his or her
designee, with ``delegated authority to make nonsubstantive, editorial
revisions of the Commission's rules and regulations upon approval of
the bureau or staff office primarily responsible for the particular
part or section involved.'' \5\ Updating the cross-references in Sec.
76.1506(g) is a nonsubstantive change, and the Media Bureau has
approved the corrections made herein.
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 553(b)(3)(B).
\5\ 47 CFR 0.231(b).
---------------------------------------------------------------------------
3. Upon the deletion of Sec. 76.58 of the Commission's rules in
1999, the Commission moved the contents of Sec. 76.58(a) to Sec.
76.1601.\6\ The Commission also moved the contents of Sec. 76.58(b),
(d) and (e) to Sec. 76.1617.\7\ Further, the Commission moved the
contents of Sec. 76.58(c) to Sec. 76.1607 and part of Sec.
76.1708(a).\8\ Additionally, the Commission moved the note to Sec.
76.58 to Sec. 76.1601.\9\ However, Sec. 76.1506(g) continues to
cross-reference deleted Sec. 76.58.
---------------------------------------------------------------------------
\6\ See 47 CFR 76.1601.
\7\ In 1999, the Commission decided that the references to the
1993 notification requirements contained in Sec. 76.58 were
outdated and, thus, replaced those references with more general
language, a 60 day notification requirement, when it moved the
contents of Sec. 76.58(b), (d) and (e) into new Sec. 76.1617. See
47 CFR 76.1617; 1998 Biennial Review Order, 14 FCC Rcd at Appendix
C. The 1998 Biennial Review Order contained a discussion of the
replacement of the 1993 dates with the new 60-day notification
requirements, and while the text referenced these requirements as
appearing in new Sec. 76.1619, an erratum indicated that they
actually appear in Sec. 76.1617. 1998 Biennial Review Order, 14 FCC
Rcd at 4667, paras. 28-29; Erratum, 1999 WL 163015, at Appendix C
(Mar. 26, 1999).
\8\ See 47 CFR 76.1607 and 76.1708(a).
\9\ See Note 1 to Sec. 76.1601.
---------------------------------------------------------------------------
4. We revise Sec. 76.1506(g) of the Commission's rules to
eliminate cross-references to deleted Sec. 76.58 and replace those
references with the updated cable rule sections. We need not revise FCC
Form 1275, Certification for Open Video Systems, because that form does
not mention deleted Sec. 76.58. In addition, to make Sec. 76.1506(g)
easier to read now that it will cross-reference multiple rule sections
instead of a single rule section, we make editorial revisions by
merging the three former sentences into a single sentence. Section
76.1506(g) will now read, ``Any provision of Sec. Sec. 76.1601,
76.1607, 76.1617, or 76.1708(a) (second sentence) that refers to a
`cable operator,' `cable system,' or `principal headend' shall apply,
respectively, to an open video system operator, to an open video
system, or to the equivalent of the principal headend for an open video
system.'' The corrections discussed herein are nonsubstantive,
editorial revisions that the Media Bureau has approved, and OMD thus
has authority to implement them pursuant to Sec. 0.231(b).\10\
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\10\ See 47 CFR 0.231(b). In addition, we note that the
Communications Act of 1934, as amended (Act), directs the Commission
to apply to OVS operators certain provisions that apply to cable
operators. See 47 U.S.C. 573(c).
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II. Procedural Matters
A. Regulatory Flexibility Act
5. Because we adopt this Order without notice and comment, the
Regulatory Flexibility Act (RFA) does not apply.\11\
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\11\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857
(1996). The SBREFA was enacted as Title II of the Contract with
America Advancement Act of 1996 (CWAAA).
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B. Final Paperwork Reduction Act of 1995 Analysis
6. The Order does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified ``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). The Commission will file a nonsubstantive modification to
the information collection that contains Sec. Sec. 76.1601, 76.1607,
76.1617, and 76.1708 (OMB 3060-0649).
C. Congressional Review Act
7. The Commission will send a copy of the Order in a report to be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
[[Page 5050]]
D. Additional Information
8. For additional information on this proceeding, contact Diana
Sokolow, Diana.Sokolow@fcc.gov, of the Policy Division, Media Bureau,
(202) 418-2120.
III. Ordering Clauses
9. Accordingly, it is ordered that, pursuant to the authority found
in sections 4(i), 4(j), 303(r), and 653 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), and 573, and Sec.
0.231(b) of the Commission's rules, 47 CFR 0.231(b), this Order is
adopted, effective thirty (30) days after the date of publication in
the Federal Register.
10. It is ordered that, pursuant to the authority found in sections
4(i), 4(j), 303(r), and 653 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 303(r), and 573, and Sec. 0.231(b)
of the Commission's rules, 47 CFR 0.231(b), the Commission's rules are
hereby amended as set forth in the Final Rules below.
11. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order to the Chief Counsel for Advocacy of the Small
Business Administration.
12. It is further ordered that the Commission shall send a copy of
this Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 76
Administrative practice and procedure, Cable television, Equal
employment opportunity, Political candidates, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Jon Wilkins,
Managing Director.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 76 as follows:
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
1. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549,
552, 554, 556, 558, 560, 561, 571, 572, 573.
0
2. Amend Sec. 76.1506 by revising paragraph (g) to read as follows:
Sec. 76.1506 Carriage of television broadcast signals.
* * * * *
(g) Notification. Any provision of Sec. Sec. 76.1601, 76.1607,
76.1617, or 76.1708(a) (second sentence) that refers to a ``cable
operator,'' ``cable system,'' or ``principal headend'' shall apply,
respectively, to an open video system operator, to an open video
system, or to the equivalent of the principal headend for an open video
system.
* * * * *
[FR Doc. 2015-01594 Filed 1-29-15; 8:45 am]
BILLING CODE 6712-01-P