Closed Captioning of Video Programming; Telecommunications for the Deaf and Hard of Hearing, Inc., Petition for Rulemaking; Corrections, 54629-54630 [2022-19222]

Download as PDF Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Rules and Regulations AmeriCorps employees who are personally named in certain legal proceedings not covered by the Federal Tort Claims Act (FTCA) or the Federal Employee Liability Reform and Tort Compensation Act (FELRTCA) when AmeriCorps determines both that the actions arose within the scope of their AmeriCorps employment and that indemnification is in the agency’s interest. These determinations are matters of agency discretion. § 2502.20 Applicability. (a) This part is applicable to all former and current AmeriCorps employees, including special Government employees. (b) This part does not apply to volunteers, service members, contractors, or any other individuals who may be affiliated with AmeriCorps, but not employed by the agency. § 2502.30 Definitions. AmeriCorps means the Corporation for National and Community Service. AmeriCorps employee means a current or former employee of the Corporation for National and Community Service, regardless of whether the individual was an employee before the Corporation for National and Community Service began operating under the name AmeriCorps. CEO means the AmeriCorps Chief Executive Officer or their designee. Covered claim means a claim seeking damages against an employee personally (or against their estate) for personal injury, death, or loss of property, resulting from the employee’s activities, when AmeriCorps determines both that the actions arose within the scope of their office or employment but are not covered by the Federal Tort Claims Act (FTCA) or the Federal Employee Liability Reform and Tort Compensation Act (FELRTCA). General Counsel means the AmeriCorps General Counsel or their designee. lotter on DSK11XQN23PROD with RULES1 § 2502.40 Under what circumstances may AmeriCorps indemnify employees? AmeriCorps may, at its sole discretion, indemnify an AmeriCorps employee for a verdict, judgment, or other monetary award rendered against the employee personally in a claim or may settle or compromise a personal damages claim against an AmeriCorps employee if: (a) The CEO determines that the AmeriCorps employee’s conduct giving rise to the verdict, judgment, monetary award, or claim was taken within the scope of their employment; VerDate Sep<11>2014 15:59 Sep 06, 2022 Jkt 256001 (b) The CEO determines that the indemnification or settlement is in AmeriCorps’ best interest; and (c) AmeriCorps appropriated funds are available for the indemnification or settlement. § 2502.50 At what point in a legal proceeding will AmeriCorps consider a request to indemnify the employee? (a) AmeriCorps may settle or compromise a claim against an AmeriCorps employee at any time. (b) Unless there are exceptional circumstances, as determined by the CEO, AmeriCorps will not consider a request to indemnify a claim before entry of an adverse verdict, judgment, or award. § 2502.60 What types of legal proceedings may an AmeriCorps employee seek indemnification or settlement for? An AmeriCorps employee may seek indemnification or settlement in any civil action or proceeding brought, in any court, for a covered claim. § 2502.70 What must an AmeriCorps employee do if served with process or pleadings that includes a covered claim? An AmeriCorps employee who is named as a defendant (or the personal representative of the AmeriCorps employee’s estate) in a legal proceeding that includes a covered claim and who wishes to seek indemnification must promptly notify their supervisor, who then promptly notifies the Office of General Counsel. Former employees must directly notify the Office of General Counsel. § 2502.100 How will AmeriCorps handle the request for indemnification? (a) The head of the office or their designee will review the employee’s request and submit all of the following to the General Counsel: (1) The original or a copy of the employee’s request. (2) A recommendation to approve or deny the request. (3) A detailed analysis of the basis for a recommendation. (4) A certification from the Chief Financial Officer as to whether the agency has funds available to pay the indemnification. (b) The General Counsel will: (1) Review the circumstances of the incident that gave rise to the action or proceeding, and all data relevant to the question of whether the employee was acting within the scope of their employment. (2) Where appropriate, seek the views of the U.S. Department of Justice and/ or the U.S. Attorney for the district encompassing the location where the action or proceeding is brought. (3) Prepare a recommendation to approve or deny the request. (4) Forward the request, the accompanying documentation, and the General Counsel’s recommendation to the CEO for a decision. Dated: August 22, 2022. Fernando Laguarda, General Counsel. [FR Doc. 2022–19322 Filed 9–6–22; 8:45 am] BILLING CODE 6050–28–P § 2502.80 What may the General Counsel do upon receipt of the process and pleadings and report of circumstances? FEDERAL COMMUNICATIONS COMMISSION Where appropriate, the General Counsel may request that the Department of Justice provide legal representation for the AmeriCorps employee. 47 CFR Part 79 § 2502.90 How may an AmeriCorps employee request indemnification? To request indemnification for a verdict, judgment, award, or settlement proposal of a covered claim, the AmeriCorps employee must: (a) Have complied with the requirements of § 2502.70. (b) Submit a written request, via their supervisor, to the head of the employee’s office, or (in the case a former employee) directly to the Office of General Counsel. The written request must include appropriate documentation, including copies of the verdict, judgment, award, or settlement proposal. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 54629 [CG Docket No. 05–231; FCC 14–12 and FCC 16–17; FR ID 103115] Closed Captioning of Video Programming; Telecommunications for the Deaf and Hard of Hearing, Inc., Petition for Rulemaking; Corrections Federal Communications Commission. ACTION: Correcting amendments. AGENCY: This document corrects the final rules portion of Federal Register documents published on March 31, 2014, and August 23, 2016. These Federal Register documents inadvertently listed several erroneous cross-references and a typographical error. This document corrects the final regulation. DATES: Effective September 7, 2022. SUMMARY: E:\FR\FM\07SER1.SGM 07SER1 54630 Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Rules and Regulations Federal Communications Commission, 45 L Street NE, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Joshua Mendelsohn, Consumer and Governmental Affairs Bureau, (202) 559–7304, or email: Joshua.Mendelsohn@fcc.gov. SUPPLEMENTARY INFORMATION: A typographical error and a crossreference error were introduced as part of the March 31, 2014, Federal Register document published at 79 FR 17911. Specifically, a period is missing between two sentences in 47 CFR 79.1(a)(11), and a cross-reference to 47 CFR 79(k)(4) in 47 CFR 79.1(k)(2)(xviii) is being corrected to cross-reference 47 CFR 79.1(k)(3). In addition, three crossreference errors were introduced as part of the August 23, 2016, Federal Register document published at 81 FR 57473. Specifically, cross-references in 47 CFR 79.1(g)(9)(ii), (iii), and (iv) incorrectly cited to § 79.1(g)(8)(i) and (ii) of the Commission’s rules; these citations are being corrected to cross-reference § 79.1(g)(9)(i) and (ii) of the Commission’s rules. ADDRESSES: List of Subjects in 47 CFR Part 79 Cable television operators, Communications equipment, Multichannel video programming distributors (MVPDs), Satellite television service providers. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer. Final Rules Accordingly, 47 CFR part 79 is corrected by making the following correcting amendments: PART 79—ACCESSIBILITY OF VIDEO PROGRAMMING 1. The authority citation for part 79 continues to read as follows: ■ Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 330, 544a, 613, 617. 2. Amend § 79.1 by revising paragraphs (a)(11), (g)(9)(ii), (iii), and (iv), and (k)(2)(xviii) to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 § 79.1 Closed captioning of televised video programming. (a) * * * (11) Video programming distributor. Any television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in § 76.1000(e) of this chapter, and any other distributor of video programming for residential VerDate Sep<11>2014 15:59 Sep 06, 2022 Jkt 256001 reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. An entity contracting for program distribution over a video programming distributor that is itself exempt from captioning that programming pursuant to paragraph (e)(9) of this section shall itself be treated as a video programming distributor for purposes of this section. To the extent such video programming is not otherwise exempt from captioning, the entity that contracts for its distribution shall be required to comply with the closed captioning requirements of this section. * * * * * (g) * * * (9) * * * (ii) Corrective action plan. If, after the date for a video programming distributor or video programmer to respond to a notification under paragraph (g)(9)(i) of this section, the Commission subsequently notifies the video programming distributor or video programmer that there is further evidence indicating a pattern or trend of noncompliance with the Commission’s rules for quality of closed captioning, the video programming distributor or video programmer shall submit to the Commission, within thirty (30) days after the date of such subsequent notification, a written action plan describing specific measures it will take to bring the video programming distributor’s or video programmer’s closed captioning performance into compliance with the Commission’s closed captioning quality rules. In addition, the video programming distributor or video programmer shall conduct spot checks of its closed captioning quality performance and report to the Commission on the results of such action plan and spot checks 180 days after the submission of such action plan. (iii) Continued evidence of a pattern or trend of noncompliance. If, after the date for submission of a report on the results of an action plan and spot checks pursuant to paragraph (g)(9)(ii) of this section, the Commission finds continued evidence of a pattern or trend of noncompliance, additional enforcement actions may be taken, which may include admonishments, forfeitures, and other corrective actions. (iv) Enforcement action. The Commission may take enforcement action, which may include admonishments, forfeitures, and other corrective actions, without providing a PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 video programming distributor or video programmer the opportunity for an initial response to a pattern or trend of noncompliance or a corrective action plan, or both, under paragraphs (g)(9)(i) and (ii) of this section, for a systemic closed captioning quality problem or an intentional and deliberate violation of the Commission’s rules for the quality of closed captioning. * * * * * (k) * * * (2) * * * (xviii) Ensure that all contracted captioners adhere to the Real-Time Captioners Best Practices contained in paragraph (k)(3) of this section. * * * * * [FR Doc. 2022–19222 Filed 9–6–22; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA–2022–0189] Assessment of the Continued Need for COVID–19 Emergency Declaration, Regulatory Relief for Commercial Motor Vehicle Operations Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Request for comments. AGENCY: On August 31, 2022, FMCSA announced the extension of its coronavirus disease 2019 (COVID–19) Emergency Declaration which provides regulatory relief for motor carriers and drivers engaged in providing direct assistance in continued support of the Nation’s COVID–19 national emergency. The extension of the emergency declaration expires on October 15, 2022. FMCSA (the ‘‘Agency’’) seeks public comment concerning the extent to which motor carriers currently rely on the emergency declaration to deliver certain commodities and whether there has been any impact on safety. DATES: Comments on this document must be received by September 21, 2022. SUMMARY: You may submit comments identified by Federal Docket Management System Number FMCSA– 2022–0189 by any of the following methods: ADDRESSES: E:\FR\FM\07SER1.SGM 07SER1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Rules and Regulations]
[Pages 54629-54630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19222]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 05-231; FCC 14-12 and FCC 16-17; FR ID 103115]


Closed Captioning of Video Programming; Telecommunications for 
the Deaf and Hard of Hearing, Inc., Petition for Rulemaking; 
Corrections

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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

SUMMARY: This document corrects the final rules portion of Federal 
Register documents published on March 31, 2014, and August 23, 2016. 
These Federal Register documents inadvertently listed several erroneous 
cross-references and a typographical error. This document corrects the 
final regulation.

DATES: Effective September 7, 2022.

[[Page 54630]]


ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Joshua Mendelsohn, Consumer and 
Governmental Affairs Bureau, (202) 559-7304, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: A typographical error and a cross-reference 
error were introduced as part of the March 31, 2014, Federal Register 
document published at 79 FR 17911. Specifically, a period is missing 
between two sentences in 47 CFR 79.1(a)(11), and a cross-reference to 
47 CFR 79(k)(4) in 47 CFR 79.1(k)(2)(xviii) is being corrected to 
cross-reference 47 CFR 79.1(k)(3). In addition, three cross-reference 
errors were introduced as part of the August 23, 2016, Federal Register 
document published at 81 FR 57473. Specifically, cross-references in 47 
CFR 79.1(g)(9)(ii), (iii), and (iv) incorrectly cited to Sec.  
79.1(g)(8)(i) and (ii) of the Commission's rules; these citations are 
being corrected to cross-reference Sec.  79.1(g)(9)(i) and (ii) of the 
Commission's rules.

List of Subjects in 47 CFR Part 79

    Cable television operators, Communications equipment, Multichannel 
video programming distributors (MVPDs), Satellite television service 
providers.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Final Rules

    Accordingly, 47 CFR part 79 is corrected by making the following 
correcting amendments:

PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING

0
1. The authority citation for part 79 continues to read as follows:

    Authority:  47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 
330, 544a, 613, 617.

0
2. Amend Sec.  79.1 by revising paragraphs (a)(11), (g)(9)(ii), (iii), 
and (iv), and (k)(2)(xviii) to read as follows:


Sec.  79.1  Closed captioning of televised video programming.

    (a) * * *
    (11) Video programming distributor. Any television broadcast 
station licensed by the Commission and any multichannel video 
programming distributor as defined in Sec.  76.1000(e) of this chapter, 
and any other distributor of video programming for residential 
reception that delivers such programming directly to the home and is 
subject to the jurisdiction of the Commission. An entity contracting 
for program distribution over a video programming distributor that is 
itself exempt from captioning that programming pursuant to paragraph 
(e)(9) of this section shall itself be treated as a video programming 
distributor for purposes of this section. To the extent such video 
programming is not otherwise exempt from captioning, the entity that 
contracts for its distribution shall be required to comply with the 
closed captioning requirements of this section.
* * * * *
    (g) * * *
    (9) * * *
    (ii) Corrective action plan. If, after the date for a video 
programming distributor or video programmer to respond to a 
notification under paragraph (g)(9)(i) of this section, the Commission 
subsequently notifies the video programming distributor or video 
programmer that there is further evidence indicating a pattern or trend 
of noncompliance with the Commission's rules for quality of closed 
captioning, the video programming distributor or video programmer shall 
submit to the Commission, within thirty (30) days after the date of 
such subsequent notification, a written action plan describing specific 
measures it will take to bring the video programming distributor's or 
video programmer's closed captioning performance into compliance with 
the Commission's closed captioning quality rules. In addition, the 
video programming distributor or video programmer shall conduct spot 
checks of its closed captioning quality performance and report to the 
Commission on the results of such action plan and spot checks 180 days 
after the submission of such action plan.
    (iii) Continued evidence of a pattern or trend of noncompliance. 
If, after the date for submission of a report on the results of an 
action plan and spot checks pursuant to paragraph (g)(9)(ii) of this 
section, the Commission finds continued evidence of a pattern or trend 
of noncompliance, additional enforcement actions may be taken, which 
may include admonishments, forfeitures, and other corrective actions.
    (iv) Enforcement action. The Commission may take enforcement 
action, which may include admonishments, forfeitures, and other 
corrective actions, without providing a video programming distributor 
or video programmer the opportunity for an initial response to a 
pattern or trend of noncompliance or a corrective action plan, or both, 
under paragraphs (g)(9)(i) and (ii) of this section, for a systemic 
closed captioning quality problem or an intentional and deliberate 
violation of the Commission's rules for the quality of closed 
captioning.
* * * * *
    (k) * * *
    (2) * * *
    (xviii) Ensure that all contracted captioners adhere to the Real-
Time Captioners Best Practices contained in paragraph (k)(3) of this 
section.

* * * * *
[FR Doc. 2022-19222 Filed 9-6-22; 8:45 am]
BILLING CODE 6712-01-P

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