Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991, 15061-15062 [2024-03957]

Download as PDF Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket Nos. 02–278, 21–402, FCC 23– 21; FR ID 203992] Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991 Federal Communications Commission. ACTION: Final rule and announcement of compliance date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved the information collection associated with the rule adopted in the Text Blocking Report and Order requiring mobile wireless providers to block texts purporting to be from North American Numbering Plan (NANP) numbers on a reasonable Do-NotOriginate (DNO) list which include numbers that purport to be from invalid, unallocated, or unused numbers, and NANP numbers for which the subscriber to the number has requested that texts purporting to originate from that number be blocked. This document is consistent with the Text Blocking Report and Order, FCC 23–21, which states the Commission will publish a document in the Federal Register announcing a compliance date for the rule section and revise the rule accordingly. SUMMARY: This final rule is effective September 3, 2024. Compliance with 47 CFR 64.1200(p), is required as of September 3, 2024. FOR FURTHER INFORMATION CONTACT: Mika Savir, Attorney Advisor, Consumer Policy Division, Consumer and Governmental Affairs Bureau, at (202) 418–0384 or mika.savir@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that OMB approved the information collection requirement in 47 CFR 64.1200(p) on February 12, 2024. The rule was adopted in the Text Blocking Report and Order, FCC 23–21, 88 FR 21497, April 11, 2023. The Commission publishes this document as an announcement of the compliance date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 3–317, 45 L Street NE, Washington, DC 20554, regarding ddrumheller on DSK120RN23PROD with RULES1 DATES: VerDate Sep<11>2014 16:31 Feb 29, 2024 Jkt 262001 OMB Control Number 3060–1322. Please include the applicable OMB Control Number in your correspondence. The Commission will also accept your comments via email at PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530. In addition, this document removes 47 CFR 64.1200(q), which advised that compliance with the new rules would not be required until 64.1200(q) is removed or the Commission announces a compliance date. Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on February 12, 2024, for the information collection requirement contained in 47 CFR 64.1200(p). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number for the information collection requirement in 47 CFR 64.1200(p) is 3060–1322. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–1322. OMB Approval Date: February 12, 2024. OMB Expiration Date: February 28, 2027. Title: Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991. Form Number: N/A. Respondents: Business or other for profit entities, and state, local or tribal governments. Number of Respondents and Responses: 2,893 respondents; 34,716 responses. Estimated Time per Response: 1 hour. Frequency of Response: On occasion reporting requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information is PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 15061 contained in sections 4(i), 4(j), 154(i), 154(j), 227, 301, 303, 307, and 316. Total Annual Burden: 34,716 hours. Total Annual Cost: No cost. Needs and Uses: Text message-based scams can include links to welldesigned phishing websites that appear identical to the website of a legitimate company and can fool a victim into providing personal or financial information. Texted links can also load unwanted software onto a device, including malware that steals passwords, credentials, or other personal information. The FCC is therefore requiring all mobile wireless providers to block certain text messages that are highly likely to be illegal. In the Text Blocking Report and Order, 88 FR 21497, April 11, 2023, the FCC is requiring mobile wireless providers to block certain text messages that are highly likely to be illegal. The Commission is requiring mobile wireless providers to block—at the network level—texts purporting to be from NANP numbers on a reasonable DNO list, which include numbers that purport to be from invalid, unallocated, or unused numbers, and NANP numbers for which the subscriber to the number has requested that texts purporting to originate from that number be blocked. These are texts that no reasonable consumer would wish to receive because they are highly likely to be illegal. The FCC is also ensuring that any erroneous blocking can be quickly remedied by requiring mobile wireless providers and other entities to maintain a point of contact for texters to report erroneously blocked texts. List of Subjects in 47 CFR Part 64 Communications common carriers, Telecommunications, Telephone. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 64 as follows: PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority citation for part 64 continues to read as follows: ■ Authority: 47 U.S.C. 151, 152, 154,201, 202, 217, 218, 220, 222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 276, 403(b)(2)(B), (c), 616, 620, 716, 1401–1473, unless otherwise noted; Pub. L. 115–141, Div. P, sec. 503, 132 Stat. 348, 1091. E:\FR\FM\01MRR1.SGM 01MRR1 15062 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations Subpart L—Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising § 64.1200 [Amended] 2. Amend § 64.1200 by removing and reserving paragraph (q). ■ [FR Doc. 2024–03957 Filed 2–29–24; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 231010–0243] RIN 0648–BL34 Pacific Island Fisheries; Modification of Seabird Interaction Mitigation Measures in the Hawaii Deep-Set Longline Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: In this final rule, NMFS modifies its seabird interaction mitigation measures to require federally permitted Hawaii deep-set longline vessels that set fishing gear from the stern to use a tori line (i.e., bird scaring streamer) in place of the currently required thawed, blue-dyed bait and strategic offal (i.e., fish, fish parts, or spent bait) discharge when fishing above latitude (lat.) 23° N. This action is expected to improve the overall efficacy and operational practicality of required seabird mitigation measures by reducing seabird bycatch and creating operational and administrative efficiency for fishermen and NMFS. DATES: The final rule is effective April 1, 2024. ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific are available from the Western Pacific Fishery Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, telephone 808–522–8220, fax 808–522– 8226, or https://www.wpcouncil.org. Copies of the environmental assessment and other supporting documents for this action are available at https://www.regulations.gov, or from the Western Pacific Fishery Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, 808– 522–8220, or https:// www.wpcouncil.org. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:31 Feb 29, 2024 Jkt 262001 FOR FURTHER INFORMATION CONTACT: Lynn Rassel, Pacific Islands Regional Office (PIRO) Sustainable Fisheries, 808–725–5036. SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery Management Council (Council) manage the Hawaii deep-set longline fishery under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). The implementing Federal regulations for this fishery include a suite of conservation and management requirements. This fishery occasionally catches seabirds; therefore, NMFS implemented a suite of seabird mitigation requirements in 2001 that resulted in the reduction of seabird interactions by 70–90 percent. However, seabird interactions in the Hawaii longline fisheries gradually increased in the subsequent years, with significant increases in black-footed albatross interactions in the deep-set fishery since 2015. Cooperative research by the Council, the Hawaii Longline Association, NMFS Pacific Islands Fisheries Science Center, and NMFS Pacific Islands Regional Office (PIRO) in 2019–2021 demonstrated that when tori lines are employed in lieu of blue-dyed bait and strategic offal discharge on deep-set longline vessels that set from the stern, albatross making attempts to eat the bait off hooks are 1.5 times less likely, contacts with the bait are 4 times less likely, and captures are 14 times less likely. Furthermore, there is inconclusive evidence that the existing strategic offal discharge requirements reduce seabird interaction risk, and the requirement is associated with heavy administrative burdens to the Pacific Islands Region Observer Program and NOAA Office of Law Enforcement. Similarly, use of blue-dyed bait is burdensome due to the amount of time required to thaw and dye the bait, thawed bait loss from hooks, vessel maintenance costs related to using vats of blue dye, and the administrative burden to monitor and enforce consistent application of blue dye. To reduce seabird bycatch and improve operational and administrative efficiency, NMFS will require deep-set longline vessels that stern-set to employ a tori line system instead of using thawed, blue-dyed bait and strategic offal discharge when fishing north of lat. 23° N. These measures will modify the requirements implemented at 50 CFR 665.815. NMFS also will require that vessels deploy a tori line system that meets required material, length, and position specifications prior to the first hook being set. We note that this action PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 will only modify seabird mitigation requirements for the Hawaii deep-set fishery; however, research on mitigation measures is currently underway in the Hawaii shallow-set fishery. All Hawaii longline vessels will continue to be required to follow other existing seabird handling and release requirements at 50 CFR 665.815(b) and (c) to maximize the chances of postrelease survival of seabirds that are caught alive, and to be certified for the completion of an annual protected species workshop conducted by NMFS (50 CFR 665.814). All other measures applicable to longline fisheries under the FEP will remain unchanged. This rule and related tori line design guidelines are consistent with seabird mitigation requirements set forth by the Western and Central Pacific Fisheries Commission and the Inter-American Tropical Tuna Commission (see https:// www.iattc.org/PDFFiles/Resolutions/ IATTC/_English/C-11-02-Active_ Seabirds.pdf and www.wcpfc.int/doc/ wcpfc15–2018-dp16/seabird-interactionmitigation-amendment-cmm-2017–06). The rule will also revise 50 CFR 665.802 to clarify prohibitions for vessels with Hawaii longline limited access permits. Specifically, the rule will improve descriptions of which vessels are subject to the prohibitions. The rule will also correct the omission of a prohibition for side-setting (i.e., setting the mainline from the port or starboard side of the vessel at least one meter from the stern) without a bird curtain and weighted branch lines. You may find additional background information on this action in the preamble to the proposed rule published on October 17, 2023 (88 FR 71523). Comments and Responses On October 17, 2023, NMFS published a proposed rule, an Environmental Assessment (EA), and Regulatory Impact Review (RIR) for public comment (88 FR 71523). The comment period ended on November 16, 2023. NMFS received a comment letter from one nonprofit organization, the American Bird Conservancy (ABC). In general, ABC supported the proposed rule. There were no comments directed at analyses presented in the EA or the RIR. We summarize and respond to ABC’s comments here. Comment 1: ABC expressed support for the proposed rule, specifically the use of tori lines in place of the currently required thawed, blue-dyed bait and strategic offal discharge when fishing above lat. 23° N, and the housekeeping correction to reinstate the prohibition for side setting without a bird curtain. E:\FR\FM\01MRR1.SGM 01MRR1

Agencies

[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15061-15062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03957]



[[Page 15061]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 02-278, 21-402, FCC 23-21; FR ID 203992]


Targeting and Eliminating Unlawful Text Messages, Implementation 
of the Telephone Consumer Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule and announcement of compliance date.

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

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved the information collection 
associated with the rule adopted in the Text Blocking Report and Order 
requiring mobile wireless providers to block texts purporting to be 
from North American Numbering Plan (NANP) numbers on a reasonable Do-
Not-Originate (DNO) list which include numbers that purport to be from 
invalid, unallocated, or unused numbers, and NANP numbers for which the 
subscriber to the number has requested that texts purporting to 
originate from that number be blocked. This document is consistent with 
the Text Blocking Report and Order, FCC 23-21, which states the 
Commission will publish a document in the Federal Register announcing a 
compliance date for the rule section and revise the rule accordingly.

DATES: This final rule is effective September 3, 2024. Compliance with 
47 CFR 64.1200(p), is required as of September 3, 2024.

FOR FURTHER INFORMATION CONTACT: Mika Savir, Attorney Advisor, Consumer 
Policy Division, Consumer and Governmental Affairs Bureau, at (202) 
418-0384 or [email protected].

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirement in 47 CFR 64.1200(p) on February 
12, 2024. The rule was adopted in the Text Blocking Report and Order, 
FCC 23-21, 88 FR 21497, April 11, 2023. The Commission publishes this 
document as an announcement of the compliance date of the rules.
    If you have any comments on the burden estimates listed below, or 
how the Commission can improve the collections and reduce any burdens 
caused thereby, please contact Cathy Williams, Federal Communications 
Commission, Room 3-317, 45 L Street NE, Washington, DC 20554, regarding 
OMB Control Number 3060-1322. Please include the applicable OMB Control 
Number in your correspondence. The Commission will also accept your 
comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530.
    In addition, this document removes 47 CFR 64.1200(q), which advised 
that compliance with the new rules would not be required until 
64.1200(q) is removed or the Commission announces a compliance date.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on February 12, 2024, for the information collection 
requirement contained in 47 CFR 64.1200(p). Under 5 CFR part 1320, an 
agency may not conduct or sponsor a collection of information unless it 
displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number for the information collection requirement in 47 CFR 
64.1200(p) is 3060-1322.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1322.
    OMB Approval Date: February 12, 2024.
    OMB Expiration Date: February 28, 2027.
    Title: Targeting and Eliminating Unlawful Text Messages, 
Implementation of the Telephone Consumer Protection Act of 1991.
    Form Number: N/A.
    Respondents: Business or other for profit entities, and state, 
local or tribal governments.
    Number of Respondents and Responses: 2,893 respondents; 34,716 
responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information is contained in sections 4(i), 
4(j), 154(i), 154(j), 227, 301, 303, 307, and 316.
    Total Annual Burden: 34,716 hours.
    Total Annual Cost: No cost.
    Needs and Uses: Text message-based scams can include links to well-
designed phishing websites that appear identical to the website of a 
legitimate company and can fool a victim into providing personal or 
financial information. Texted links can also load unwanted software 
onto a device, including malware that steals passwords, credentials, or 
other personal information. The FCC is therefore requiring all mobile 
wireless providers to block certain text messages that are highly 
likely to be illegal.
    In the Text Blocking Report and Order, 88 FR 21497, April 11, 2023, 
the FCC is requiring mobile wireless providers to block certain text 
messages that are highly likely to be illegal. The Commission is 
requiring mobile wireless providers to block--at the network level--
texts purporting to be from NANP numbers on a reasonable DNO list, 
which include numbers that purport to be from invalid, unallocated, or 
unused numbers, and NANP numbers for which the subscriber to the number 
has requested that texts purporting to originate from that number be 
blocked. These are texts that no reasonable consumer would wish to 
receive because they are highly likely to be illegal.
    The FCC is also ensuring that any erroneous blocking can be quickly 
remedied by requiring mobile wireless providers and other entities to 
maintain a point of contact for texters to report erroneously blocked 
texts.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 154,201, 202, 217, 218, 220, 
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise 
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.

[[Page 15062]]

Subpart L--Restrictions on Telemarketing, Telephone Solicitation, 
and Facsimile Advertising


Sec.  64.1200  [Amended]

0
2. Amend Sec.  64.1200 by removing and reserving paragraph (q).

[FR Doc. 2024-03957 Filed 2-29-24; 8:45 am]
BILLING CODE 6712-01-P
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