[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58412-58414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24254]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-210; FCC 11-56]


Relay Services for Deaf-Blind Individuals

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's 
Implementation of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, Section 105, Relay Services for Deaf-Blind 
Individuals, Report and Order (Report and Order). The information 
collection requirements were approved on September 13, 2011 by OMB.

DATES: 47 CFR 64.610(b), (e)(1)(ii), (viii), and (ix), (f), and (g), 
published at 76 FR 26641, May 9, 2011, are effective September 21, 
2011.

FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Disability Rights 
Office, Consumer and Governmental Affairs Bureau, at (202) 418-2075, or 
e-mail [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on September 
13, 2011, OMB approved, for a period of three years, the information 
collection requirements contained in 47 CFR 64.610(b), (e)(1)(ii), 
(viii), and (ix), (f), and (g). The Commission publishes this document 
to announce the effective date of these rule sections. See, In the 
Matter of Implementation of the Twenty-First Century Communications and 
Video Accessibility Act of 2010, Section 105, Relay Services for Deaf-
Blind Individuals, CG Docket No. 10-210; FCC 11-56, published at 76 FR 
26641, May 9, 2011. 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

[[Page 58413]]

Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC 20554. Please include the OMB Control Number, 3060-1146, 
in your correspondence. The Commission will also accept your comments 
via the Internet if you send them to [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 
October 1, 1995 and 44 U.S.C. 3507), the FCC is notifying the public 
that it received OMB approval on September 13, 2011, for the 
information collection requirements contained in the Commission's rules 
at 47 CFR 64.610(b), (e)(1)(ii), (viii), and (ix), (f), and (g).
    Under 5 CFR 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 is 3060-1146 and the total annual reporting 
burdens and costs for the respondents are as follows:
    OMB Control Number: 3060-1146.
    OMB Approval Date: September 13, 2011.
    OMB Expiration Date: September 30, 2014.
    Title: Implementation of the Twenty-first Century Communications 
and Video Accessibility Act of 2010, Section 105, Relay Services for 
Deaf-Blind Individuals, CG Docket No. 10-210.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Businesses or other for-
profit entities; Not-for-profit Institutions; Federal government; 
State, local or Tribal governments.
    Number of Respondents and Responses: 106 respondents; 406 
responses.
    Estimated Time per Response: 24 to 120 hours.
    Frequency of Response: Annual, on occasion, one-time, monthly, and 
semi-annually reporting requirements; Recordkeeping requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefit. The 
statutory authority for the information collections is contained in 47 
U.S.C. 154, 254(k); sections 403(b)(2)(B),(c), Public Law 104-104, 110 
Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, 
254(k), and 620.
    Total Annual Burden: 21,412 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's system of 
records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the 
Commission also published a SORN, FCC/CGB-1 ``Informal Complaints and 
Inquiries,'' in the Federal Register on December 15, 2009 (74 FR 66356) 
which became effective on January 25, 2010. Also, the Commission is in 
the process of preparing the new SORN and PIA titled CGB-3, ``National 
Deaf-Blind Equipment Distribution Program,'' to cover the PII collected 
related thereto, as required by OMB's Memorandum M-03-22 (September 26, 
2003) and by the Privacy Act, 5 U.S.C. 552a.
    Privacy Impact Assessment: Yes. The Privacy Impact Assessment (PIA) 
was completed on June 28, 2007. It may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html. The 
Commission is in the process of updating the PIA to incorporate various 
revisions made to the SORN and is in the process of preparing a new 
SORN to cover the PII collected related thereto, as stated above.
    Needs and Uses: On April 6, 2011, in document FCC 11-56, the 
Commission released a Report and Order adopting final rules requiring 
the following:
    (a) State EDPs, other public programs, and private entities may 
submit applications for NDBEDP certification to the Commission. For 
each state, the Commission will certify a single program as the sole 
authorized entity to participate in the NDBEDP and receive 
reimbursement from the TRS Fund. The Commission will determine whether 
to grant certification based on the ability of a program to meet the 
following qualifications, either directly or in coordination with other 
programs or entities, as evidenced in the application and any 
supplemental materials, including letters of recommendation:
     Expertise in the field of deaf-blindness, including 
familiarity with the culture and etiquette of people who are deaf-
blind, to ensure that equipment distribution and the provision of 
related services occurs in a manner that is relevant and useful to 
consumers who are deaf-blind;
     The ability to communicate effectively with people who are 
deaf-blind (for training and other purposes), by among other things, 
using sign language, providing materials in Braille, ensuring that 
information made available online is accessible, and using other 
assistive technologies and methods to achieve effective communication;
     Staffing and facilities sufficient to administer the 
program, including the ability to distribute equipment and provide 
related services to eligible individuals throughout the state, 
including those in remote areas;
     Experience with the distribution of specialized CPE, 
especially to people who are deaf-blind;
     Experience in how to train users on how to use the 
equipment and how to set up the equipment for its effective use; and
     Familiarity with the telecommunications, Internet access, 
and advanced communications services that will be used with the 
distributed equipment.
    (b) Each program certified under the NDBEDP must submit the 
following data electronically to the Commission, as instructed by the 
NDBEDP Administrator, every six months, commencing with the start of 
the pilot program:
     For each piece of equipment distributed, the identity of 
and contact information, including street and e-mail addresses, and 
phone number, for the individual receiving that equipment;
     For each piece of equipment distributed, the identity of 
and contact information, including street and e-mail addresses, and 
phone number, for the individual attesting to the disability of the 
individual who is deaf-blind;
     For each piece of equipment distributed, its name, serial 
number, brand, function, and cost, the type of communications service 
with which it is used, and the type of relay service it can access;
     For each piece of equipment distributed, the amount of 
time, following any assessment conducted, that the requesting 
individual waited to receive that equipment;
     The cost, time and any other resources allocated to 
assessing an individual's equipment needs;
     The cost, time and any other resources allocated to 
installing equipment and training deaf-blind individuals on using 
equipment;
     The cost, time and any other resources allocated to 
maintain, repair,

[[Page 58414]]

cover under warranty, and refurbish equipment;
     The cost, time and any other resources allocated to 
outreach activities related to the NDBEDP, and the type of outreach 
efforts undertaken;
     The cost, time and any other resources allocated to 
upgrading the distributed equipment, along with the nature of such 
upgrades;
     To the extent that the program has denied equipment 
requests made by their deaf-blind residents, a summary of the number 
and types of equipment requests denied and reasons for such denials;
     To the extent that the program has received complaints 
related to the program, a summary of the number and types of such 
complaints and their resolution; and
     The number of qualified applicants on waiting lists to 
receive equipment.
    (c) Each program certified under the NDBEDP must retain all records 
associated with the distribution of equipment and provision of related 
services under the NDBEDP for two years following the termination of 
the pilot program.
    (d) Each program certified under the NDBEDP must obtain 
verification that NDBEDP applicants meet the definition of an 
individual who is deaf-blind.
    (e) Each program certified under the NDBEDP must obtain 
verification that NDBEDP applicants meet the income eligibility 
requirements.
    (f) Programs certified under the NDBEDP shall be reimbursed for the 
cost of equipment that has been distributed to eligible individuals and 
authorized related services, up to the state's funding allotment under 
this program. Within 30 days after the end of each six-month period of 
the Fund Year, each program certified under the NDBEDP pilot must 
submit documentation that supports its claim for reimbursement of the 
reasonable costs of the following:
     Equipment and related expenses, including maintenance, 
repairs, warranties, returns, refurbishing, upgrading, and replacing 
equipment distributed to consumers;
     Individual needs assessments;
     Installation of equipment and individualized consumer 
training;
     Maintenance of an inventory of equipment that can be 
loaned to the consumer during periods of equipment repair;
     Outreach efforts to inform state residents about the 
NDBEDP; and
     Administration of the program, but not to exceed 15 
percent of the total reimbursable costs for the distribution of 
equipment and related services permitted under the NDBEDP.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-24254 Filed 9-20-11; 8:45 am]
BILLING CODE 6712-01-P