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Federal Register/Vol. 86, No. 36/Thursday, February 25, 2021 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11449 (v) Delivers a ‘‘health care’’ message (d) No person or entity shall initiate (4) Identification of callers and made by, or on behalf of, a ‘‘covered any artificial or prerecorded-voice telemarketers. A person or entity entity’’ or its ‘‘business associate,’’ as telephone call pursuant to an exemption making an artificial or prerecorded- those terms are defined in the HIPAA under paragraphs (a)(3)(ii) through (v) of voice telephone call pursuant to an Privacy Rule, 45 CFR 160.103, and the this section or any call for telemarketing exemption under paragraphs (a)(3)(ii) caller makes no more than one call per purposes to a residential telephone through (v) of this section or any call for day to each patient’s residential line, up subscriber unless such person or entity telemarketing purposes must provide to a maximum of three calls combined has instituted procedures for the called party with the name of the per week to each patient’s residential maintaining a list of persons who individual caller, the name of the line and honors the called party’s request not to receive such calls made person or entity on whose behalf the request to opt out of future calls as by or on behalf of that person or entity. call is being made, and a telephone required in paragraphs (b) and (d) of this The procedures instituted must meet the number or address at which the person section. following minimum standards: or entity may be contacted. The * * * * * (1) Written policy. Persons or entities telephone number provided may not be (b) * * * making artificial or prerecorded-voice a 900 number or any other number for (2) During or after the message, state telephone calls pursuant to an which charges exceed local or long clearly the telephone number (other exemption under paragraphs (a)(3)(ii) distance transmission charges. than that of the autodialer or through (v) of this section or calls for (5) Affiliated persons or entities. In prerecorded message player that placed telemarketing purposes must have a the absence of a specific request by the the call) of such business, other entity, written policy, available upon demand, subscriber to the contrary, a residential or individual. The telephone number for maintaining a do-not-call list. subscriber’s do-not-call request shall provided may not be a 900 number or (2) Training of personnel. Personnel apply to the particular entity making the any other number for which charges engaged in making artificial or call (or on whose behalf a call is made), exceed local or long distance prerecorded-voice telephone calls and will not apply to affiliated entities transmission charges. For telemarketing pursuant to an exemption under unless the consumer reasonably would paragraphs (a)(3)(ii) through (v) of this messages and messages made pursuant expect them to be included given the section or who are engaged in any to an exemption under paragraphs identification of the caller and (for aspect of telemarketing must be (a)(3)(ii) through (v) of this section to telemarketing calls) the product being informed and trained in the existence residential telephone subscribers, such advertised. and use of the do-not-call list. (6) Maintenance of do-not-call lists. A telephone number must permit any (3) Recording, disclosure of do-not- person or entity making artificial or individual to make a do-not-call request call requests. If a person or entity prerecorded-voice telephone calls during regular business hours; and making an artificial or prerecorded- (3) In every case where the artificial pursuant to an exemption under voice telephone call pursuant to an paragraphs (a)(3)(ii) through (v) of this or prerecorded-voice telephone message exemption under paragraphs (a)(3)(ii) section or any call for telemarketing is made pursuant to an exemption under through (v) of this section or any call for purposes must maintain a record of a paragraphs (a)(3)(ii) through (v) of this telemarketing purposes (or on whose consumer’s request not to receive section or includes or introduces an behalf such a call is made) receives a further calls. A do-not-call request must advertisement or constitutes request from a residential telephone telemarketing and is delivered to a subscriber not to receive calls from that be honored for 5 years from the time the residential telephone line or any of the person or entity, the person or entity request is made. lines or telephone numbers described in must record the request and place the * * * * * paragraphs (a)(1)(i) through (iii) of this subscriber’s name, if provided, and [FR Doc. 2021–01190 Filed 2–24–21; 8:45 am] section, provide an automated, telephone number on the do-not-call list BILLING CODE 6712–01–P interactive voice- and/or key press- at the time the request is made. Persons activated opt-out mechanism for the or entities making such calls (or on called person to make a do-not-call whose behalf such calls are made) must DEPARTMENT OF COMMERCE request, including brief explanatory honor a residential subscriber’s do-not- instructions on how to use such call request within a reasonable time National Oceanic and Atmospheric mechanism, within two (2) seconds of from the date such request is made. This Administration providing the identification information period may not exceed 30 days from the required in paragraph (b)(1) of this date of such request. If such requests are 50 CFR Part 679 section. When the called person elects recorded or maintained by a party other [Docket No. 210217–0022] to opt out using such mechanism, the than the person or entity on whose mechanism must automatically record behalf the call is made, the person or RIN 0648–XY116 the called person’s number to the entity on whose behalf the call is made Fisheries of the Exclusive Economic caller’s do-not-call list and immediately will be liable for any failures to honor Zone Off Alaska; Bering Sea and terminate the call. When the artificial or the do-not-call request. A person or Aleutian Islands; Final 2021 and 2022 prerecorded-voice telephone message is entity making an artificial or Harvest Specifications for Groundfish left on an answering machine or a voice prerecorded-voice telephone call mail service, such message must also pursuant to an exemption under AGENCY: National Marine Fisheries provide a toll free number that enables paragraphs (a)(3)(ii) through (v) of this Service (NMFS), National Oceanic and the called person to call back at a later section or any call for telemarketing Atmospheric Administration (NOAA), time and connect directly to the purposes must obtain a consumer’s Commerce. automated, interactive voice- and/or key prior express permission to share or ACTION: Final rule; harvest specifications press-activated opt-out mechanism and forward the consumer’s request not to and closures. automatically record the called person’s be called to a party other than the number to the caller’s do-not-call list. person or entity on whose behalf a call SUMMARY: NMFS announces final 2021 * * * * * is made or an affiliated entity. and 2022 harvest specifications, VerDate Sep<11>2014 16:18 Feb 24, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM 25FER1 11450 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations apportionments, and prohibited species within the optimum yield (OY) range of available, while Tier 6 represents the catch allowances for the groundfish 1.4 million to 2.0 million metric tons lowest. fishery of the Bering Sea and Aleutian (mt) (see § 679.20(a)(1)(i)(A)). This final In December 2020, the Council, its Islands management area (BSAI). This rule specifies the sum of the TAC at 2.0 Scientific and Statistical Committee action is necessary to establish harvest million mt for both 2021 and 2022. (SSC), and its Advisory Panel (AP) limits for groundfish during the NMFS also must specify reviewed current biological and harvest remainder of the 2021 and the start of apportionments of TAC; prohibited information about the condition of the the 2022 fishing years and to species catch (PSC) allowances and BSAI groundfish stocks. The Council’s accomplish the goals and objectives of prohibited species quota (PSQ) reserves BSAI Groundfish Plan Team (Plan the Fishery Management Plan for established by § 679.21; seasonal Team) compiled and presented this Groundfish of the Bering Sea and allowances of pollock, Pacific cod, and information in the 2020 SAFE report for Aleutian Islands Management Area Atka mackerel TAC; American Fisheries the BSAI groundfish fisheries, dated (FMP). The 2021 harvest specifications Act allocations; Amendment 80 November 2020 (see ADDRESSES). The supersede those previously set in the allocations; Community Development SAFE report contains a review of the final 2020 and 2021 harvest Quota (CDQ) reserve amounts latest scientific analyses and estimates specifications, and the 2022 harvest established by § 679.20(b)(1)(ii); and of each species’ biomass and other specifications will be superseded in acceptable biological catch (ABC) biological parameters, as well as early 2022 when the final 2022 and surpluses and reserves for CDQ groups summaries of the available information 2023 harvest specifications are and the Amendment 80 cooperative for on the BSAI ecosystem and the published. The intended effect of this flathead sole, rock sole, and yellowfin economic condition of groundfish action is to conserve and manage the sole. The final harvest specifications set fisheries off Alaska. NMFS notified the groundfish resources in the BSAI in forth in Tables 1 through 22 of this public of the comment period for these accordance with the Magnuson-Stevens action satisfy these requirements.
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