Hazardous Materials: Harmonization With International Standards, 78029 [C1-2020-06205]
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations
pressure toward this end because
applicants know that only the best
application in an MX group will win.
9. The Commission also rejects
Discount Legal’s argument that ‘‘the
idea than an applicant must be
dismissed because it is comparatively
inferior to an unqualified applicant
being dismissed’’ violates the Supreme
Court’s holding in Ashbacker Radio
Corp. v. FCC. The Commission
previously considered and rejected this
argument in a prior decision affirming
the one-grant policy and explained that
Ashbacker ‘‘[does not] require the
Commission to engage in secondary
analyses of inferior applications simply
because they do not conflict with the
tentative selectee.’’
10. Administrative Burdens. The
Commission rejects Discount Legal’s
contention that the concern about
administrative burdens ‘‘does not hold
up.’’ Discount Legal does not consider
the extensive work required following
the issuance of tentative selectee orders.
The Commission explains that a
tentative selection is not final until the
entire administrative process of
resolving petitions to deny, and any
subsequent pleadings, is complete.
Commission review of any petitions and
associated point audits is a weighty and
oftentimes lengthy process, requiring
extensive analysis to determine the
status of every tentative selectee’s
application and the merits of every
petition to deny. If a petition to deny is
granted, a new tentative selectee must
be chosen, and petitions to deny must
again be entertained.
11. The one-grant policy incentivizes
applicants to resolve mutual
exclusivities through the more
expeditious settlement process, thereby
accelerating new NCE service to the
public. The Commission rejects
Discount Legal’s argument that it is
irrational to allow multiple grants in an
MX group in the settlement context but
not engage in secondary analysis
through the point system. This
argument does not account for the
fundamentally different nature of the
two conflict-resolution methods and the
time each process entails.
12. The Commission also rejects the
argument that secondary grants would
better accomplish the section 152 and
303(g) statutory objectives of efficient
and effective radio use. The
Commission explains that simply
granting as many applications as
possible in any given window will not
result in greater long-term efficiency
and effectiveness. Rather, the one-grant
policy better serves the policy goals of
sections 152 and 303(g) by incentivizing
better applications as well as
cooperative settlements that encourage
more intensive and higher quality use of
spectrum.
13. Established One-Grant Policy.
Finally, the Commission’s rejects
Discount Legal’s argument that the onegrant policy was not endorsed by the
Commission, but rather, originated with
the Bureau staff. The Commission
explains that Discount Legal’s
characterization is directly at odds with
the Commission’s explicit mandate in
the 2001 NCE Comparative MO&O, the
subsequent Commission decisions
stating that the Bureau correctly applied
the NCE Comparative MO&O, and the
Commission’s recent reaffirmation of
the one-grant policy in the 2019 Report
and Order. These decisions reflect that
it has been, and remains, the resolve of
the Commission—not the staff—that the
Bureau process applications based on a
‘‘one-grant’’ policy.
Ordering Clauses
14. It is ordered that the Petition for
Reconsideration filed on March 12,
2020, by Discount Legal is dismissed,
and alternatively and independently, is
denied.
15. It is further ordered that should no
further petitions for reconsideration or
petitions for judicial review be timely
filed, MB Docket No. 19–3 shall be
terminated, and its docket closed.
Monday, May 11, 2020, make the
following correction:
On page 27852, in the second column,
amendatory instruction 2d is corrected
to read as follows:
■
§ 171.7
[FR Doc. C1–2020–06205 Filed 12–2–20; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000 212]
Endangered and Threatened Wildlife
and Plants; Eleven Species Not
Warranted for Listing as Endangered
or Threatened Species
AGENCY:
Jkt 253001
Fish and Wildlife Service,
Interior.
ACTION:
Notification of findings.
[Docket No. PHMSA–2017–0108 (HM–215O)]
We, the U.S. Fish and
Wildlife Service (Service), announce
findings that eleven species are not
warranted for listing as endangered or
threatened species under the
Endangered Species Act of 1973, as
amended (Act). After a thorough review
of the best available scientific and
commercial information, we find that it
is not warranted at this time to list the
Doll’s daisy, Puget Oregonian, Rocky
Mountain monkeyflower, southern
white-tailed ptarmigan, tidewater
amphipod, tufted puffin, Hamlin Valley
pyrg, longitudinal gland pyrg, subglobose snake pyrg, the Johnson Springs
Wetland Complex population of relict
dace, or Clear Lake hitch. However, we
ask the public to submit to us at any
time any new information relevant to
the status of any of the species
mentioned above or their habitats.
RIN 2137–AF32
DATES:
Hazardous Materials: Harmonization
With International Standards
ADDRESSES:
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020–23306 Filed 12–2–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 174, 175,
176, 178 and 180
Correction
In rule document 2020–06205,
beginning on page 27810, in the issue of
SUMMARY:
The findings in this document
were made on December 3, 2020.
Detailed descriptions of the
bases for these findings are available on
the internet at https://
www.regulations.gov under the
following docket numbers:
Docket No.
Doll’s daisy ...............................................................................................
Puget Oregonian ......................................................................................
15:55 Dec 02, 2020
[Corrected]
d. Add paragraphs (w)(53), (62), (66),
(69), (71), (72), and (75) through (77);
Species
VerDate Sep<11>2014
78029
PO 00000
Frm 00045
Fmt 4700
FWS–R5–ES–2020–0066.
FWS–R1–ES–2020–0067.
Sfmt 4700
E:\FR\FM\03DER1.SGM
03DER1
]]>Agencies
[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Rules and Regulations]
[Page 78029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2020-06205]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 178 and 180
[Docket No. PHMSA-2017-0108 (HM-215O)]
RIN 2137-AF32
Hazardous Materials: Harmonization With International Standards
Correction
In rule document 2020-06205, beginning on page 27810, in the issue
of Monday, May 11, 2020, make the following correction:
0
On page 27852, in the second column, amendatory instruction 2d is
corrected to read as follows:
Sec. 171.7 [Corrected]
d. Add paragraphs (w)(53), (62), (66), (69), (71), (72), and (75)
through (77);
[FR Doc. C1-2020-06205 Filed 12-2-20; 8:45 am]
BILLING CODE 1301-00-D
