Radio Broadcasting Services; Sells, Willcox, and Davis-Monthan Air Force Base, Arizona, 69409-69410 [2016-24174]
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Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments,’’ (65 FR
67249, November 9, 2000), calls for EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ See also ‘‘EPA Policy for
the Administration of Environmental
Programs on Indian Reservations,’’
(November 8, 1984) and ‘‘EPA Policy on
Consultation and Coordination with
Indian Tribes,’’ (May 4, 2011). EPA
consulted with the Quechan Tribe
throughout Imperial County’s
development of its closure and
monitoring plans for the Picacho
Landfill.
List of Subjects in 40 CFR Part 258
Environmental protection, Final
cover, Monitoring, Municipal landfills,
Post-closure care groundwater,
Reporting and recordkeeping
requirements, Waste treatment and
disposal, Water pollution control.
Dated: September 22, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, 40 CFR part 258 is amended
as follows:
PART 258—CRITERIA FOR MUNICIPAL
SOLID WASTE LANDFILLS
1. The authority citation for part 258
continues to read as follows:
■
Authority: 33 U.S.C. 1345(d) and (e); 42
U.S.C. 6902(a), 6907, 6912(a), 6944, 6945(c)
and 6949a(c), 6981(a).
Subpart F—Closure and Post-Closure
Care
2. Section 258.62 is amended by
removing ‘‘[Reserved]’’ at the end of the
section and adding paragraph (b) to read
as follows:
■
§ 258.62 Approval of site-specific flexibility
requests in Indian country.
sradovich on DSK3GMQ082PROD with RULES
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(b) Picacho Municipal Solid Waste
Landfill—alternative list of detection
monitoring parameters and alternative
final cover. This paragraph (b) applies to
the Picacho Landfill, a Municipal Solid
Waste Landfill operated by Imperial
County on the Quechan Indian Tribe of
the Fort Yuma Indian Reservation in
California.
(1) In accordance with § 258.54(a), the
owner and operator may modify the list
of heavy metal detection monitoring
parameters specified in appendix I of
this part, as required during PostClosure Care by § 258.61(a)(3), by
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replacing monitoring of the inorganic
constituents, with the exception of
arsenic, with the inorganic indicator
parameters chloride, nitrate as nitrogen,
sulfate, and total dissolved solids.
(2) In accordance with § 258.60(b), the
owner and operator may replace the
prescriptive final cover set forth in
§ 258.60(a), with an alternative final
cover as follows:
(i) The owner and operator may
install an evapotranspiration cover
system as an alternative final cover for
the 12.5 acre site.
(ii) The alternative final cover system
shall be constructed to achieve an
equivalent reduction in infiltration as
the infiltration layer specified in
§ 258.60(a)(1) and (2), and provide an
equivalent protection from wind and
water erosion as the erosion layer
specified in § 258.60(a)(3).
(iii) The final cover system shall
consist of a minimum three-foot-thick
multi-layer cover system comprised,
from bottom to top, of:
(A) A minimum 30-inch thick
infiltration layer consisting of:
(1) Existing intermediate cover; and
(2) Additional cover soil which, prior
to placement, shall be wetted to optimal
moisture and thoroughly mixed to near
uniform condition, and the material
shall then be placed in lifts with an
uncompacted thickness of six to eight
inches, spread evenly and compacted to
90 percent of the maximum dry density,
and shall:
(i) Exhibit a grain size distribution
that excludes particles in excess of three
inches in diameter;
(ii) Have a minimum fines content
(percent by weight passing U.S. No. 200
Sieve) of seven percent for an individual
test and eight percent for the average of
ten consecutive tests;
(iii) Have a grain size distribution
with a minimum of five percent smaller
than five microns for an individual test
and six percent for the average of ten
consecutive tests; and
(iv) Exhibit a maximum saturated
hydraulic conductivity on the order of
1.0E–03 cm/sec.; and
(3) A minimum six-inch surface
erosion layer comprised of a rock/soil
admixture. The surface erosion layer
admixture and gradations for 3% slopes
and 3:1 slopes are detailed below:
(i) 3% slopes: For the 3% slopes the
surface admixture shall be composed of
pea gravel (3⁄8-inch to 1⁄2-inch diameter)
mixed with cover soil at the ratio of
25% rock to soil by volume with a
minimum six-inch erosion layer.
(ii) For the 3:1 side slopes the surface
admixture shall be composed of either:
gravel/rock (3⁄4-inch to one-inch
diameter) mixed with additional cover
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69409
soil as described in paragraph
(b)(2)(iii)(A)(2) of this section at the
ratio of 50% rock to soil by volume and
result in a minimum six-inch erosion
layer, or gravel/rock (3⁄4-inch to twoinch diameter) mixed with additional
cover soil as described in paragraph
(b)(2)(iii)(A)(2) of this section at the
ratio of 50% rock to soil by volume and
result in a minimum 12-inch erosion
layer.
(iii) The owner and operator shall
place documentation demonstrating
compliance with the provisions of this
section in the operating record.
(iv) All other applicable provisions of
this part remain in effect.
(B) [Reserved]
[FR Doc. 2016–23839 Filed 10–5–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 02–376, RM–10617, RM–
10690; DA 16–1062]
Radio Broadcasting Services; Sells,
Willcox, and Davis-Monthan Air Force
Base, Arizona
Federal Communications
Commission.
ACTION: Final rule; dismissal of
application for review.
AGENCY:
In this document, the Media
Bureau (Bureau) dismisses as moot the
Application for Review filed jointly by
KZLZ, LLC (KZLZ) and Lakeshore
Media, LLC, the current and former
licensee, respectively, of Station
KWCX–FM. While the AFR was
pending, KZLZ filed a minor
modification application to change the
community of license of Station KWCX–
FM from Willcox to Tanque Verde,
Arizona. Once the requested facility
modification to Station KWCX–FM was
granted, the assignment at Willcox was
deleted, and this in turn rendered moot
any Section 307(b) comparison between
Davis-Monthan AFB and the deleted
Willcox assignment.
DATES: Effective October 6, 2016.
FOR FURTHER INFORMATION CONTACT:
Adrienne Denysyk, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Bureau’s Letter, DA 16–
1062, released September 21, 2016. The
full text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554.
SUMMARY:
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06OCR1
69410
Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. This
document is not subject to the
Congressional Review Act. (The
Commission, is, therefore, not required
to submit a copy of the Letter to GAO,
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A) because
the Application for Review was
dismissed as moot.)
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 2016–24174 Filed 10–5–16; 8:45 am]
BILLING CODE 6712–01–P
SURFACE TRANSPORTATION
49 CFR Parts 1108 and 1115
[Docket No. EP 730]
Revisions to Arbitration Procedures
Surface Transportation Board.
Final rules.
AGENCY:
ACTION:
The Surface Transportation
Board (Board or STB) adopts changes to
its arbitration procedures to conform to
the requirements of the Surface
Transportation Reauthorization Act of
2015.
SUMMARY:
These rules are effective on
October 30, 2016.
ADDRESSES: Information or questions
regarding these final rules should
reference Docket No. EP 730 and be in
writing addressed to: Chief, Section of
Administration, Office of Proceedings,
Surface Transportation Board, 395 E
Street SW., Washington, DC 20423–
0001.
DATES:
sradovich on DSK3GMQ082PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Amy C. Ziehm at 202–245–0391.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.]
SUPPLEMENTARY INFORMATION: Under
Section 13 of the STB Reauthorization
Act (codified at 49 U.S.C. 11708), the
Board must ‘‘promulgate regulations to
establish a voluntary and binding
arbitration process to resolve rail rate
and practice complaints’’ that are
subject to the Board’s jurisdiction.
Section 11708 sets forth specific
requirements and procedures for the
Board’s arbitration process. While the
Board’s existing arbitration regulations 1
1 In Assessment of Mediation & Arbitration
Procedures, EP 699 (STB served May 13, 2013), the
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17:57 Oct 05, 2016
Jkt 241001
are for the most part consistent with the
new statutory provisions, certain
changes are needed so that the Board’s
regulations conform fully to the
requirements under section 11708.
On May 12, 2016, the Board issued a
Notice of Proposed Rulemaking (NPR),
proposing to modify its existing
arbitration regulations, set forth at 49
CFR part 1108 and 49 CFR 1115.8, to
conform to the provisions set forth by
the statute and to make other minor
clarifying changes. Specifically, the
Board proposed adding rate disputes to
the list of matters eligible for arbitration
under its arbitration program and
barring two matters from the arbitration
program (disputes to prescribe for the
future any conduct, rules, or results of
general, industry-wide applicability and
disputes solely between two or more rail
carriers). For rate disputes, pursuant to
section 11708(c)(1)(C), the proposed
rules indicated that arbitration would be
available only if the rail carrier has
market dominance (as determined under
49 U.S.C. 10707). The Board sought
comment on whether parties should be
given the option to concede market
dominance, thereby forgoing the need
for a determination by the Board under
49 U.S.C. 10707.
The Board also proposed that, as an
alternative to filing a written complaint,
arbitration could be initiated by the
parties if they submit a joint notice to
the Board indicating their consent to
arbitrate. In accordance with section
11708(g), the Board proposed setting the
maximum amount of relief that could be
awarded under the arbitration program
to $25,000,000 in rate disputes and
$2,000,000 in practice disputes. The
Board also proposed rules to establish a
process for creating and maintaining a
roster of arbitrators and selecting
arbitrators from the roster in accordance
with section 11708(f). Pursuant to
section 11708(d) and (h), the proposed
rules would also modify the
requirements for, and applicable
standard of review of, arbitration
decisions, which are to be ‘‘consistent
with sound principles of rail regulation
economics.’’ The proposed rules would
also modify the deadlines governing the
arbitration process in accordance with
the statutory provisions. Lastly, the
proposed rules would correct an
inadvertent omission made in Docket
No. EP 699 that unintentionally
removed the Board’s standard of review
for labor arbitration cases.
Board adopted modified rules governing the use of
mediation and arbitration to resolve matters before
the Board. The rules established a new arbitration
program under which shippers and carriers may
voluntarily agree in advance to arbitrate certain
disputes with clearly defined limits of liability.
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The Board sought comments on the
proposed regulations by June 13, 2016,
and replies by July 1, 2016. The Board
received comments from seven parties:
Association of American Railroads
(AAR), American Chemistry Council
(ACC), National Grain and Feed
Association (NGFA), Growth Energy,
Rail Customer Coalition (RCC), National
Industrial Transportation League
(NITL), and Samuel J. Nasca on behalf
of SMART/Transportation Division,
New York State Legislative Board
(SMART/TD–NY). AAR, ACC, and
SMART/TD–NY also filed replies. After
giving consideration to the comments
and suggestions submitted by parties,
the Board clarifies and modifies its
proposed rules, as discussed below.
Creating and Maintaining the Roster.
Under section 11708(f)(1), arbitrators on
the roster must be ‘‘persons with rail
transportation, economic regulation,
professional or business experience,
including agriculture, in the private
sector.’’ The NPR further proposed that
arbitrators be required to have training
in dispute resolution and/or experience
in arbitration or other forms of dispute
resolution. Under the proposed rules,
the Chairman would have discretion as
to whether an individual meets the
qualifications to be added to the roster.
NGFA and ACC suggest revising the
proposed rules so that all Board
members would have input as to which
applicants are qualified and should be
included in the roster. (NGFA
Comments 6, ACC Comment 4.) The
Board agrees that all Board Members
should have input in establishing the
roster of arbitrators. (See NGFA
Comments 6.) The final rules will
provide that the Chairman will solicit
input and recommendations from all
Members in selecting qualified
individuals to be included in the
arbitrator roster, which will then be
established by a Board no-objection
vote.
AAR asserts that the Board should
have no discretion to exclude qualified
individuals from the roster. (AAR
Comment 5.) Rather, AAR suggests that
the Board adopt a more transparent
process in which individuals meeting
set criteria would automatically be
added to the roster. Under this process,
an applicant would submit a narrative
describing his or her qualifications,
which would then be posted for a 20day comment period. (AAR Comment
6.) The Board would add all
uncontested applicants to the roster, but
if there is an objection, the Board would
decide whether the individual should or
should not be added and issue a
decision explaining its reasoning. (Id.)
The Board finds this additional process
E:\FR\FM\06OCR1.SGM
06OCR1
Agencies
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69409-69410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24174]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 02-376, RM-10617, RM-10690; DA 16-1062]
Radio Broadcasting Services; Sells, Willcox, and Davis-Monthan
Air Force Base, Arizona
AGENCY: Federal Communications Commission.
ACTION: Final rule; dismissal of application for review.
-----------------------------------------------------------------------
SUMMARY: In this document, the Media Bureau (Bureau) dismisses as moot
the Application for Review filed jointly by KZLZ, LLC (KZLZ) and
Lakeshore Media, LLC, the current and former licensee, respectively, of
Station KWCX-FM. While the AFR was pending, KZLZ filed a minor
modification application to change the community of license of Station
KWCX-FM from Willcox to Tanque Verde, Arizona. Once the requested
facility modification to Station KWCX-FM was granted, the assignment at
Willcox was deleted, and this in turn rendered moot any Section 307(b)
comparison between Davis-Monthan AFB and the deleted Willcox
assignment.
DATES: Effective October 6, 2016.
FOR FURTHER INFORMATION CONTACT: Adrienne Denysyk, Media Bureau, (202)
418-2700.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Bureau's Letter,
DA 16-1062, released September 21, 2016. The full text of this document
is available for inspection and copying during normal business hours in
the FCC Reference Information Center (Room CY-A257), 445 12th Street
SW., Washington, DC 20554.
[[Page 69410]]
This document does not contain information collection requirements
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. This
document is not subject to the Congressional Review Act. (The
Commission, is, therefore, not required to submit a copy of the Letter
to GAO, pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A) because the Application for Review was dismissed as moot.)
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 2016-24174 Filed 10-5-16; 8:45 am]
BILLING CODE 6712-01-P