Freedom of Information Act Program, 57875-57876 [2017-26438]

Download as PDF Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations Dated: December 5, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017–26655 Filed 12–7–17; 8:45 am] BILLING CODE 6560–50–P CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 40 CFR Part 1601 [Agency Docket Number CSB 17–1] Freedom of Information Act Program Chemical Safety and Hazard Investigation Board. ACTION: Final rule. AGENCY: The Chemical Safety and Hazard Investigation Board (CSB) published an interim final Freedom of Information Act (FOIA) rule in the Federal Register on September 29, 2017. This final rule confirms that the interim final rule is adopted as final without change. SUMMARY: DATES: This rule is effective December 8, 2017. Kara Wenzel, Acting General Counsel, 202– 261–7600, or kara.wenzel@csb.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Executive Summary The CSB published an interim final FOIA rule in the Federal Register on September 29, 2017, 82 FR 45502. As an interim final rule, the rule became effective immediately upon publication in the Federal Register. Nonetheless, the CSB welcomed public comments from interested persons regarding the interim final rule. The due date for comments ended on October 30, 2017. The CSB did not receive any comments on the interim final rule. The CSB has determined that no further revisions are required to the interim final rule. Therefore, the CSB now issues this final rule to confirm that the interim final rule published previously shall be the final CSB FOIA rule. The interim final rule published September 29, 2017, 82 FR 45502, will be codified at 40 CFR part 1601 at the next regular update to the Code of Federal Regulations. sradovich on DSK3GMQ082PROD with RULES Regulatory Procedures Administrative Procedure Act (5 U.S.C. Ch. 5) The CSB’s previous implementation of this rule as an interim final rule, with provision for post-promulgation public comment, was based on section 553(b) of the Administrative Procedure Act. 5 U.S.C. 553(b). Under section 553(b), an VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 57875 agency may issue a rule without notice of proposed rulemaking and the prepromulgation opportunity for public comment, with regard to ‘‘interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.’’ The CSB determined that many of the revisions were to interpretive rules issued by the CSB. Moreover, the CSB determined that the remaining revisions were rules of agency procedure or practice, as they did not change the substantive standards the agency applies in implementing the FOIA. The CSB also concluded that a pre-publication public comment period was unnecessary. The revisions in 40 CFR part 1601 merely implemented statutory changes, aligned the CSB’s regulations with controlling judicial decisions, and clarified agency procedures. information requirement within the meaning of the Act. Unfunded Mandates Reform Act (2 U.S.C. Ch. 25) This rule will not have a significant effect on the human environment. Accordingly, this rule is categorically excluded from environmental analysis under 43 CFR 46.210(i). This rule is not subject to the Unfunded Mandates Reform Act because it does not contain a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000.00 or more in any one year. Nor will it have a significant or unique effect on small governments. Regulatory Flexibility Act (5 U.S.C. Ch. 6) This rule is not subject to the Regulatory Flexibility Act. The CSB has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The rule implements the procedures for processing FOIA requests within the CSB. Under the FOIA, agencies may recover only the direct costs of searching for, reviewing, and duplicating the records processed for the requesters. Thus, fees accessed by CSB will be nominal. Further, the ‘‘small entities’’ that make FOIA requests, as compared with individual and other requesters, are relatively few in number. Paperwork Reduction Act (44 U.S.C. Ch. 35) This rule does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. The Paperwork Reduction Act imposes certain requirements on Federal agencies in connection with the conducting or sponsoring of any collection of information. This rule does not contain any new collection of PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. Ch. 6) This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (as amended), 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000.00 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. National Environmental Policy Act of 1969 (5 U.S.C. 804) E-Government Act of 2002 (44 U.S.C. 3504) Section 206 of the E-Government Act requires agencies, to the extent practicable, to ensure that all information about that agency required to be published in the Federal Register is also published on a publicly accessible Web site. All information about the CSB required to be published in the Federal Register may be accessed at http://www.csb.gov/. The EGovernment Act also requires, to the extent practicable, that agencies ensure that a publicly accessible Federal Government Web site contains electronic dockets for rulemakings under the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this Act, an electronic docket consists of all submissions under section 553(c) of title 5, United States Code; and all other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically. The Web site http:// www.csb.gov/ will contain an electronic dockets for this rulemaking. Plain Writing Act of 2010 (5 U.S.C. 301) Under this Act, the term ‘‘plain writing’’ means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. To ensure that this rulemaking was written in plain and clear language so that it can be used and understood by the public, the CSB modeled the E:\FR\FM\08DER1.SGM 08DER1 57876 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations language of this rule on the Federal Plain Language Guidelines. List of Subjects in 40 CFR Part 1601 Administrative practice and procedure, Archives and records, Confidential business information, Freedom of information, Privacy. Accordingly, the interim rule amending 40 CFR part 1601, which was published at 82 FR 45502 on September 29, 2017, is adopted as final without change. Ray Porfiri, Deputy General Counsel, Chemical Safety and Hazard Investigation Board. [FR Doc. 2017–26438 Filed 12–7–17; 8:45 am] BILLING CODE 6350–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 73 [MB Docket No. 17–106; FCC 17–137] Elimination of Main Studio Rule Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (FCC or Commission) eliminates the rule that requires each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license. The FCC also eliminates existing requirements associated with the rule, including the requirement that the main studio have full-time management and staff present during normal business hours, and that it have program origination capability. DATES: Effective January 8, 2018, except for §§ 73.3526(c)(1) and 73.3527(c)(1), which contain new or modified information collection requirements, and which shall become effective after the Commission publishes a document in the Federal Register announcing OMB approval and the relevant effective date. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Diana Sokolow, Diana.Sokolow@fcc.gov, of the Policy Division, Media Bureau, (202) 418– 2120. sradovich on DSK3GMQ082PROD with RULES SUMMARY: This is a summary of the Commission’s Report and Order (R&O), FCC 17–137, adopted and released on October 24, 2017. The full text of this document is available for public inspection and copying during regular business hours in the FCC SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 Reference Center, Federal Communications Commission, 445 12th Street SW., Room CY–A257, Washington, DC 20554. This document will also be available via ECFS at http:// fjallfoss.fcc.gov/ecfs/. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. Copies of the materials can be obtained from the FCC’s Reference Information Center at (202) 418–0270. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to fcc504@fcc.gov or calling the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis 1. The Commission in this R&O adopts the proposal in the Notice of Proposed Rulemaking (NPRM), 82 FR 25590 (June 2, 2017), to eliminate the Commission rule requiring AM, FM, and television broadcast stations to maintain a local main studio.1 We also adopt the proposal to eliminate the associated staffing and program origination capability requirements that apply to main studios. To ensure that community members retain the ability to communicate with and obtain information regarding their local stations, we retain the existing requirement that broadcasters maintain a local or toll-free telephone number. We also require stations to maintain any portion of their public file that is not part of the online public file at a publicly accessible location within the station’s community of license. Finally, we make conforming edits to other Commission rules that are necessitated by the elimination of the main studio rule. 2. We agree with the vast majority of commenters 2 in this proceeding that the main studio rule should be eliminated. We are persuaded that eliminating the rule will result in significant cost savings for broadcasters and other public interest benefits. For example, the record shows that in some small towns and rural areas the cost of complying with the current main studio 1 Because we are eliminating the main studio rule, we need not address one commenter’s argument that the current main studio rule is unenforceable under the Administrative Procedure Act. We also decline to address herein arguments that are outside the scope of this proceeding, which is limited to elimination of the main studio rule and the associated staffing and program origination capability requirements. 2 Contrary to the suggestion of Common Frequency, the ample record in this proceeding provides the Commission with sufficient information to proceed to this R&O. PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 rule dissuades broadcasters from launching a station, even if the broadcaster has already obtained a construction permit for the station. Eliminating the rule thus may lead to increased broadcast service in those areas. In addition, as commenters suggest, eliminating the main studio rule will provide broadcasters with the same flexibility as Internet radio stations and cable and satellite providers, none of which are subject to a main studio requirement. While we recognize the importance of local broadcast television and radio stations as a source of news and information, we agree with NAB that the record does not provide any ‘‘evidence that the physical location of a station’s main studio is the reason local broadcasters are able to deliver content that meets the needs and interest[s] of their communities, or that the location and staffing of the studio has any relationship to the ability of a station to serve its local audience.’’ 3. We affirm the tentative conclusion in the NPRM that technological innovations have rendered local studios unnecessary as a means for viewers and listeners to communicate with or access their local stations and to carry out the other traditional functions that they have served. The record shows that it is exceedingly rare for a member of the public to visit a station’s main studio, with community members overwhelmingly choosing instead to communicate with stations through more efficient means such as email, station Web sites, social media, mail, or telephone.3 This has been the case even more so since the Commission created the online public inspection file. Once broadcasters fully transition to the online public file in early 2018, requiring stations to maintain a fully staffed main studio for purposes of providing access to the file will no longer be practical or justifiable. It is also relevant that community members already participate in station shows from outside the main studio, for example by appearing via telephone or Skype. As some commenters state, inperson visits from community members are now ‘‘unnecessary, if not obsolete,’’ as a result of the ‘‘near ubiquity of remote communication.’’ 4 3 Although broadcast licensees are obligated to serve ‘‘the public interest, convenience, and necessity,’’ we find that ‘‘convenience’’ need not include reasonable physical access to the station’s facilities in the community of license, contrary to the suggestion of one commenter, given how rarely community members today opt to access such facilities. 4 In addition, some commenters point to the legitimate public safety concerns that are associated with allowing uninvited members of the public to visit a station’s main studio. E:\FR\FM\08DER1.SGM 08DER1

Agencies

[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57875-57876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26438]


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

40 CFR Part 1601

[Agency Docket Number CSB 17-1]


Freedom of Information Act Program

AGENCY: Chemical Safety and Hazard Investigation Board.

ACTION: Final rule.

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

SUMMARY: The Chemical Safety and Hazard Investigation Board (CSB) 
published an interim final Freedom of Information Act (FOIA) rule in 
the Federal Register on September 29, 2017. This final rule confirms 
that the interim final rule is adopted as final without change.

DATES: This rule is effective December 8, 2017.

FOR FURTHER INFORMATION CONTACT: Kara Wenzel, Acting General Counsel, 
202-261-7600, or [email protected].

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The CSB published an interim final FOIA rule in the Federal 
Register on September 29, 2017, 82 FR 45502. As an interim final rule, 
the rule became effective immediately upon publication in the Federal 
Register. Nonetheless, the CSB welcomed public comments from interested 
persons regarding the interim final rule. The due date for comments 
ended on October 30, 2017. The CSB did not receive any comments on the 
interim final rule. The CSB has determined that no further revisions 
are required to the interim final rule. Therefore, the CSB now issues 
this final rule to confirm that the interim final rule published 
previously shall be the final CSB FOIA rule. The interim final rule 
published September 29, 2017, 82 FR 45502, will be codified at 40 CFR 
part 1601 at the next regular update to the Code of Federal 
Regulations.

Regulatory Procedures

Administrative Procedure Act (5 U.S.C. Ch. 5)

    The CSB's previous implementation of this rule as an interim final 
rule, with provision for post-promulgation public comment, was based on 
section 553(b) of the Administrative Procedure Act. 5 U.S.C. 553(b). 
Under section 553(b), an agency may issue a rule without notice of 
proposed rulemaking and the pre-promulgation opportunity for public 
comment, with regard to ``interpretative rules, general statements of 
policy, or rules of agency organization, procedure, or practice.'' The 
CSB determined that many of the revisions were to interpretive rules 
issued by the CSB. Moreover, the CSB determined that the remaining 
revisions were rules of agency procedure or practice, as they did not 
change the substantive standards the agency applies in implementing the 
FOIA. The CSB also concluded that a pre-publication public comment 
period was unnecessary. The revisions in 40 CFR part 1601 merely 
implemented statutory changes, aligned the CSB's regulations with 
controlling judicial decisions, and clarified agency procedures.

Unfunded Mandates Reform Act (2 U.S.C. Ch. 25)

    This rule is not subject to the Unfunded Mandates Reform Act 
because it does not contain a Federal mandate that may result in the 
expenditure by state, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000.00 or more in any one year. 
Nor will it have a significant or unique effect on small governments.

Regulatory Flexibility Act (5 U.S.C. Ch. 6)

    This rule is not subject to the Regulatory Flexibility Act. The CSB 
has reviewed this regulation and by approving it certifies that this 
regulation will not have a significant economic impact on a substantial 
number of small entities. The rule implements the procedures for 
processing FOIA requests within the CSB. Under the FOIA, agencies may 
recover only the direct costs of searching for, reviewing, and 
duplicating the records processed for the requesters. Thus, fees 
accessed by CSB will be nominal. Further, the ``small entities'' that 
make FOIA requests, as compared with individual and other requesters, 
are relatively few in number.

Paperwork Reduction Act (44 U.S.C. Ch. 35)

    This rule does not impose reporting or recordkeeping requirements 
under the Paperwork Reduction Act of 1995. The Paperwork Reduction Act 
imposes certain requirements on Federal agencies in connection with the 
conducting or sponsoring of any collection of information. This rule 
does not contain any new collection of information requirement within 
the meaning of the Act.

Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
Ch. 6)

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (as 
amended), 5 U.S.C. 804. This rule will not result in an annual effect 
on the economy of $100,000,000.00 or more; a major increase in costs or 
prices; or significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

National Environmental Policy Act of 1969 (5 U.S.C. 804)

    This rule will not have a significant effect on the human 
environment. Accordingly, this rule is categorically excluded from 
environmental analysis under 43 CFR 46.210(i).

E-Government Act of 2002 (44 U.S.C. 3504)

    Section 206 of the E-Government Act requires agencies, to the 
extent practicable, to ensure that all information about that agency 
required to be published in the Federal Register is also published on a 
publicly accessible Web site. All information about the CSB required to 
be published in the Federal Register may be accessed at http://www.csb.gov/. The E-Government Act also requires, to the extent 
practicable, that agencies ensure that a publicly accessible Federal 
Government Web site contains electronic dockets for rulemakings under 
the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under 
this Act, an electronic docket consists of all submissions under 
section 553(c) of title 5, United States Code; and all other materials 
that by agency rule or practice are included in the rulemaking docket 
under section 553(c) of title 5, United States Code, whether or not 
submitted electronically. The Web site http://www.csb.gov/ will contain 
an electronic dockets for this rulemaking.

Plain Writing Act of 2010 (5 U.S.C. 301)

    Under this Act, the term ``plain writing'' means writing that is 
clear, concise, well-organized, and follows other best practices 
appropriate to the subject or field and intended audience. To ensure 
that this rulemaking was written in plain and clear language so that it 
can be used and understood by the public, the CSB modeled the

[[Page 57876]]

language of this rule on the Federal Plain Language Guidelines.

List of Subjects in 40 CFR Part 1601

    Administrative practice and procedure, Archives and records, 
Confidential business information, Freedom of information, Privacy.

    Accordingly, the interim rule amending 40 CFR part 1601, which was 
published at 82 FR 45502 on September 29, 2017, is adopted as final 
without change.

Ray Porfiri,
Deputy General Counsel, Chemical Safety and Hazard Investigation Board.
[FR Doc. 2017-26438 Filed 12-7-17; 8:45 am]
BILLING CODE 6350-01-P