Radio Broadcasting Services; Mullin, Texas, 79407-79408 [2016-27221]
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Lhorne on DSK30JT082PROD with PROPOSALS
Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules
(k) Requirements for waiver or
reduction of fees. (1) Requesters may
seek a waiver of fees by submitting a
written application demonstrating how
disclosure of the requested information
is in the public interest because it is
likely to contribute significantly to
public understanding of the operations
or activities of the government and is
not primarily in the commercial interest
of the requester.
(2) The NMB will furnish records
responsive to a request without charge
or at a reduced rate when it determines,
based on all available information, that
the factors described in paragraphs
(k)(2)(i) through (iii) of this section are
satisfied:
(i) Disclosure of the requested
information would shed light on the
operations or activities of the
government. The subject of the request
must concern identifiable operations or
activities of the Federal Government
with a connection that is direct and
clear, not remote or attenuated.
(ii) Disclosure of the requested
information is likely to contribute
significantly to public understanding of
those operations or activities. This
factor is satisfied when the following
criteria are met:
(A) Disclosure of the requested
records must be meaningfully
informative about government
operations or activities. The disclosure
of information that already is in the
public domain, in either the same or a
substantially identical form, would not
be meaningfully informative if nothing
new would be added to the public’s
understanding.
(B) The disclosure must contribute to
the understanding of a reasonably broad
audience of persons interested in the
subject, as opposed to the individual
understanding of the requester. A
requester’s expertise in the subject area
as well as the requester’s ability and
intention to effectively convey
information to the public must be
considered. Agencies will presume that
a representative of the news media will
satisfy this consideration.
(iii) The disclosure must not be
primarily in the commercial interest of
the requester. To determine whether
disclosure of the requested information
is primarily in the commercial interest
of the requester, agencies will consider
the following criteria:
(A) The NMB will identify whether
the requester has any commercial
interest that would be furthered by the
requested disclosure. A commercial
interest includes any commercial, trade,
or profit interest. Requesters must be
given an opportunity to provide
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explanatory information regarding this
consideration.
(B) If there is an identified
commercial interest, the NMB must
determine whether that is the primary
interest furthered by the request. A
waiver or reduction of fees is justified
when the requirements of paragraphs
(k)(2)(i) and (ii) of this section are
satisfied and any commercial interest is
not the primary interest furthered by the
request. The NMB will presume that
when a news media requester has
satisfied the factors in paragraphs
(k)(2)(i) and (ii) of this section, the
request is not primarily in the
commercial interest of the requester.
Disclosure to data brokers or others who
merely compile and market government
information for direct economic return
will not be presumed to primarily serve
the public interest.
(3) Where only some of the records to
be released satisfy the requirements for
a waiver of fees, a waiver will be
granted for those records.
(4) Requests for a waiver or reduction
of fees should be made when the request
is first submitted and should address
the criteria referenced above. A
requester may submit a fee waiver
request at a later time so long as the
underlying record request is pending or
on administrative appeal. When a
requester who has committed to pay
fees subsequently asks for a waiver of
those fees and that waiver is denied, the
requester must pay any costs incurred
up to the date the fee waiver request
was received.
§ 1208.7 Subpoenas and other requests
for testimony and production of documents
in legal proceedings where the NMB is not
a party.
(a) In legal proceedings between
private litigants, a subpoena or other
demand for the production of records
held by the Agency or for oral or written
testimony of a current or former NMB
employee should be addressed to the
General Counsel, National Mediation
Board, 1301 K Street NW., Suite 250E,
Washington, DC 20005. No other official
or employee of the NMB is authorized
to accept service of a demand or
subpoena on behalf of the Agency.
(b) No current or former employee
may produce official records or
information or provide testimony in
response to a demand or subpoena
unless authorized by the General
Counsel.
(c) The General Counsel may grant an
employee permission to testify or
produce official records or information
in response to a demand or subpoena.
In making this determination, the
General Counsel shall consider whether:
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79407
(1) Release of the requested records or
testimony is prohibited under § 1208.5;
(2) The disclosure is appropriate
under the rules of procedure governing
the case or matter;
(3) The requested testimony or
records are privileged under the
relevant substantive law concerning
privilege;
(4) Disclosure would violate a statute
or regulation;
(5) Disclosure would reveal trade
secrets without the owner’s consent;
and
(6) Allowing testimony or production
of records would be in the best interest
of the NMB or the United States.
Dated: November 3, 2016.
Mary Johnson,
General Counsel, National Mediation Board.
[FR Doc. 2016–26986 Filed 11–10–16; 8:45 am]
BILLING CODE 7550–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 16–1229; MB Docket No. 16–362; RM–
11776]
Radio Broadcasting Services; Mullin,
Texas
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document proposes to
amend the FM Table of Allotments, by
substituting Channel 277A for vacant
Channel 224A at Mullin, Texas, to
accommodate the hybrid application
requesting modification of the license
for Station KNUZ(FM), San Saba, Texas
to specify operation on Channel 224A
rather than Channel 291A at San Saba,
Texas. A staff engineering analysis
indicates that Channel 277A can be
allotted to Mullin consistent with the
minimum distance separation
requirements of the Commission’s rules
with site restriction 3.1 km (1.9 miles)
north of the city. The reference
coordinates are 31–35–00 NL and 98–
40–31 WL.
DATES: Comments must be filed on or
before December 19, 2016, and reply
comments on or before January 3, 2017.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve the rule
making petitioner and the counter
proponent as follows: John C. Trent,
Esq., Putbrese, Hunsaker & Trust, 200 S.
Church Street, Woodstock, VA 22664.
SUMMARY:
E:\FR\FM\14NOP1.SGM
14NOP1
79408
Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
PART 73—RADIO BROADCAST
SERVICES
Adrienne Y. Denysyk, Media Bureau,
(202) 418–2700.
This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
16–362, adopted October 27, 2016. The
FM Table of Allotment does not contain
vacant Channel 224A at Mullins, Texas
because the channel was removed from
the FM Table because it was auctioned
in Auction 93, and considered an
authorized station. See 79 FR 64125,
published October 28, 2014. Channel
224A at Mullins, Texas is no longer
considered an authorized station but
instead a vacant allotment because the
construction permit for Station DKFON
was cancelled on January 8, 2016. See
File No. BNPH–20120523ABP. The full
text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC’s Reference Information Center at
Portals II, CY–A257, 445 12th Street,
SW., Washington, DC 20554. The full
text is also available online at https://
apps.fcc.gov/ecfs/. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of l980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Lhorne on DSK30JT082PROD with PROPOSALS
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
VerDate Sep<11>2014
15:04 Nov 10, 2016
Jkt 241001
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336
and 339.
§
73.202 [Amended]
2. In § 73.202(b) amend the table
under Texas by adding Mullin, Channel
277A to read as follows:
■
§ 73.202
*
Table of Allotments.
*
*
*
*
(b) Table of FM Allotments.
Texas
*
*
*
Mullin ....................................
*
*
*
*
*
*
*
*
*
277A
*
*
*
[FR Doc. 2016–27221 Filed 11–10–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 28 and 29
[Docket No. FWS–HQ–NWRS–2012–0086;
FXRS12610900000–167–FF09R24000]
RIN 1018–AX36
Management of Non-Federal Oil and
Gas Rights
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; availability of
record of decision.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), make
available the final record of decision
(ROD) on revising regulations governing
non-Federal oil and gas activities on
National Wildlife Refuge System lands
in order to improve our ability to protect
refuge resources, visitors, and the
general public’s health and safety from
potential impacts associated with nonFederal oil and gas operations located
within refuges. The Service has selected
Alternative B, implementation of the
final rule, Management of Non-Federal
Oil and Gas Rights, which revises
current Service regulations, as its final
decision. This decision is described and
analyzed in the final environmental
impact statement and summarized in
the ROD.
ADDRESSES: Copies of the ROD are
available for public review at https://
SUMMARY:
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Frm 00015
Fmt 4702
Sfmt 4702
www.fws.gov/refuges/oil-and-gas/
rulemaking.html and at https://
www.regulations.gov under Docket No.
FWS–HQ–NWRS–2012–0086.
FOR FURTHER INFORMATION CONTACT:
Scott Covington, U.S. Fish and Wildlife
Service, Division of Natural Resources
and Planning, MS: NWRS, 5275
Leesburg Pike, Falls Church, Virginia
22041; telephone 703–358–2427. If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
Further contact information can be
found on the Refuge’s Energy Program
Web site at https://www.fws.gov/refuges/
oil-and-gas/rulemaking.html.
SUPPLEMENTARY INFORMATION:
Background
With this document, we announce the
availability of the record of decision
(ROD) for the final environmental
impact statement (EIS) analyzing
revisions to the Service’s regulations
governing non-Federal oil and gas
development on lands of the National
Wildlife Refuge System (NWRS). NonFederal oil and gas development refers
to oil and gas activities associated with
any private, State, or tribally owned
mineral interest where the surface estate
is administered by the Service as part of
the Refuge System.
On February 24, 2014, we issued an
advance notice of proposed rulemaking
(79 FR 10080) to assist us in developing
a proposed rule and announced our
intent to prepare an EIS; the comment
period for this document closed April
25, 2014. In response to requests we
received, on June 9, 2014, we reopened
the comment period until July 9, 2014
(79 FR 32903). During the two comment
periods, we received almost 80,000
responses, mostly form letters, of which
greater than 99 percent were in support
of revising the existing regulations. We
reviewed and considered substantive
comments as we drafted the proposed
rule. On December 11, 2015, we
published a proposed rule and draft EIS
(80 FR 77200). In response to the
proposed rule and draft EIS, we
received almost 40,000 responses,
mostly form letters. All comments we
received were carefully considered and,
where appropriate, incorporated into
the final rule and EIS. On August 22,
2016, we announced the availability of
a final EIS, which evaluated the impacts
of three alternatives (81 FR 56575):
The FEIS evaluates the impacts of the
following three alternatives:
Alternative A, the no-action
alternative, retains the current level of
regulation and oversight of oil and gas
activities by the Service.
E:\FR\FM\14NOP1.SGM
14NOP1
Agencies
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Proposed Rules]
[Pages 79407-79408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27221]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[DA 16-1229; MB Docket No. 16-362; RM-11776]
Radio Broadcasting Services; Mullin, Texas
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the FM Table of Allotments, by
substituting Channel 277A for vacant Channel 224A at Mullin, Texas, to
accommodate the hybrid application requesting modification of the
license for Station KNUZ(FM), San Saba, Texas to specify operation on
Channel 224A rather than Channel 291A at San Saba, Texas. A staff
engineering analysis indicates that Channel 277A can be allotted to
Mullin consistent with the minimum distance separation requirements of
the Commission's rules with site restriction 3.1 km (1.9 miles) north
of the city. The reference coordinates are 31-35-00 NL and 98-40-31 WL.
DATES: Comments must be filed on or before December 19, 2016, and reply
comments on or before January 3, 2017.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554. In addition to filing comments with the FCC,
interested parties should serve the rule making petitioner and the
counter proponent as follows: John C. Trent, Esq., Putbrese, Hunsaker &
Trust, 200 S. Church Street, Woodstock, VA 22664.
[[Page 79408]]
FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau,
(202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rule Making, MB Docket No. 16-362, adopted October
27, 2016. The FM Table of Allotment does not contain vacant Channel
224A at Mullins, Texas because the channel was removed from the FM
Table because it was auctioned in Auction 93, and considered an
authorized station. See 79 FR 64125, published October 28, 2014.
Channel 224A at Mullins, Texas is no longer considered an authorized
station but instead a vacant allotment because the construction permit
for Station DKFON was cancelled on January 8, 2016. See File No. BNPH-
20120523ABP. The full text of this Commission decision is available for
inspection and copying during normal business hours in the FCC's
Reference Information Center at Portals II, CY-A257, 445 12th Street,
SW., Washington, DC 20554. The full text is also available online at
https://apps.fcc.gov/ecfs/. This document does not contain proposed
information collection requirements subject to the Paperwork Reduction
Act of 1995, Public Law 104-13. In addition, therefore, it does not
contain any proposed information collection burden ``for small business
concerns with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory Flexibility Act of l980 do not apply
to this proceeding.
Members of the public should note that from the time a Notice of
Proposed Rule Making is issued until the matter is no longer subject to
Commission consideration or court review, all ex parte contacts are
prohibited in Commission proceedings, such as this one, which involve
channel allotments. See 47 CFR 1.1204(b) for rules governing
permissible ex parte contacts.
For information regarding proper filing procedures for comments,
see 47 CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
Sec. 73.202 [Amended]
0
2. In Sec. 73.202(b) amend the table under Texas by adding Mullin,
Channel 277A to read as follows:
Sec. 73.202 Table of Allotments.
* * * * *
(b) Table of FM Allotments.
------------------------------------------------------------------------
Texas
------------------------------------------------------------------------
* * * * *
Mullin.................................................. 277A
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-27221 Filed 11-10-16; 8:45 am]
BILLING CODE 6712-01-P