Television Broadcasting Services; Minneapolis, Minnesota., 3015-3016 [2020-27277]
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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations
involving persons who were not parties
to the litigation, the Department must—
(1) Publish that document, either in
full or by citation if publicly available,
in the Federal Register or on the
Department’s guidance repository
described in § 1.4, and
(2) Publish an explanation of the
document’s jurisdictional implications.
(c) Before seeking judicial deference
to the Department’s interpretation of a
document arising out of litigation (other
than a publicly published opinion of an
adjudicator) in order to establish a new
or expanded claim of jurisdiction in a
different case, the Department must—
(1) Publish the document or a notice
of availability in the Federal Register or
on the Department’s guidance repository
described in § 1.4, and
(2) Publish an explanation of the
document’s jurisdictional implications.
■ 7. Section 1.9 is added to read as
follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 1.9 Opportunity to contest agency
determination.
(a) Departmental overview. Except as
provided in paragraph (c) of this
section, prior to the Department taking
any civil enforcement action with
respect to a particular entity that has
legal consequence for that entity,
including by issuing to such a person a
notice of noncompliance, or other
similar notice that has immediate
regulatory consequence, but excluding
communications that have no
immediate regulatory implications for
the entity, such as those that serve as an
interim step in the agency’s compliance
communications with the entity or that
are intended to encourage voluntary
compliance, the Department shall
provide—
(1) Written notice to the affected
entity of the initial legal and factual
determinations underpinning the initial
adverse determination;
(2) An opportunity for the affected
entity to respond in writing and, if
determined appropriate by the
Department, orally; and
(3) A written response from the
Department to the affected entity after
receiving a timely request from the
affected entity under paragraph (a)(2) of
this section.
(b) Timing and content of written
responses. (1) The Department will
select a meaningful amount of time in
which the affected entity must submit a
written response to the Department.
This writing must be submitted within
the time period specified by the
Department, unless the Department
concludes an extension is warranted,
and state the reasons for the entity’s
disagreement with the Department’s
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18:22 Jan 13, 2021
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proposed action for purposes of
requiring a response in accordance with
paragraph (a)(3) of this section.
(2) The Department’s written response
must respond to the affected entity and
articulate the basis for its final decision.
This written response may be issued
contemporaneous to the Department
taking the action with legal
consequence.
(c) Exceptions. The procedures in
paragraphs (a) and (b) of this section do
not apply where the Department, in its
discretion, determines there is a serious
threat to health, safety, or similar
emergency, or where a statute
specifically authorizes proceeding
without a prior opportunity to be heard.
In such event, HHS would still provide
an affected entity with an opportunity to
be heard and a written response as soon
as practicable. The procedures in
paragraphs (a) and (b) do not apply to
settlement negotiations between
agencies and regulated parties, to
notices of a prospective legal action, to
litigation before courts, or any action
related to a criminal investigation or
prosecution, including undercover
operations that may be used in a
criminal investigation or prosecution, or
any civil enforcement action either
related to an investigation by the
Department of Justice, or referred to the
Department of Justice.
Dated: January 7, 2021.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2021–00592 Filed 1–12–21; 4:15 pm]
BILLING CODE 4150–26–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 20–340; RM–11865; DA 20–
1425; FRS 17287]
Television Broadcasting Services;
Minneapolis, Minnesota.
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Media Bureau, Video
Division (Bureau) has before it a Notice
of Proposed Rulemaking issued in
response to a petition for rulemaking
filed by Multimedia Holdings
Corporation (Multimedia), licensee of
KARE, channel 11, Minneapolis,
Minnesota, requesting the substitution
of channel 31 for channel 11 at
Minneapolis in the DTV Table of
Allotments. The Bureau had instituted a
SUMMARY:
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
3015
freeze on the acceptance of rulemaking
petitions by full power television
stations requesting channel
substitutions in May 2011 and waived
the freeze to consider Multimedia’s
proposal to substitute channel 31 at
Minneapolis. TEGNA, Inc., filed
comments in support of the petition
reaffirming its commitment to applying
for channel 31. The Bureau believes the
public interest would be served by the
substitution and will permit the station
to better serve its viewers, who have
experienced reception problems with
VHF channel 11.
DATES:
Effective January 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at
Joyce.Bernstein@fcc.gov.
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 20–340; RM–
11865; DA 20–1425, adopted December
2, 2020, and released December 2, 2020.
The full text of this document is
available for download at https://
www.fcc.gov/edocs. To request materials
in accessible formats for people with
disabilities (braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
This document does not contain
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 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
E:\FR\FM\14JAR1.SGM
14JAR1
3016
Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.622
[Amended]
2. In § 73.622(i), amend the PostTransition Table of DTV Allotments,
under Minnesota, by removing channel
11 and adding channel 31 at
Minneapolis.
■
[FR Doc. 2020–27277 Filed 1–13–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 578
[Docket No. NHTSA–2021–0001]
RIN 2127–AM32
Civil Penalties
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Interim final rule; request for
comments; response to petition for
rulemaking.
AGENCY:
On October 2, 2020, NHTSA
received a petition for rulemaking from
the Alliance for Automotive Innovation
regarding when to apply an increase to
the civil penalty rate applicable to
automobile manufacturers that fail to
meet applicable corporate average fuel
economy (CAFE) standards and are
unable to offset such a deficit with
compliance credits. After carefully
considering the issues raised, NHTSA
has granted the petition and
promulgates an interim final rule
providing that the increase will go into
effect beginning in model year 2022 in
accordance with NHTSA’s December
2016 rule on the same issue, except if
the August 31, 2020 decision of the
United States Court of Appeals for the
Second Circuit in Case No. 19–2395 is
vacated. This interim final rule amends
the relevant regulatory text accordingly
and requests comment. This document
also responds to a petition for
reconsideration of NHTSA’s July 2019
rule from the Institute for Policy
Integrity at New York University School
of Law.
DATES:
Effective date: This rule is effective
January 14, 2021
Comments: Comments must be
received by January 25, 2021.
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SUMMARY:
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18:22 Jan 13, 2021
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You may submit comments
to the docket number identified in the
heading of this document by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery or Courier: U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m. Eastern time, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251
• Instructions: NHTSA has
established a docket for this action.
Direct your comments to Docket ID No.
NHTSA–2021–0001. See the
SUPPLEMENTARY INFORMATION section on
‘‘Public Participation’’ for more
information about submitting written
comments.
• Docket: All documents in the
docket are listed on the
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., confidential
business information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the following location: Docket
Management Facility, M–30, U.S.
Department of Transportation, West
Building, Ground Floor, Rm. W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590. The telephone
number for the docket management
facility is (202) 366–9324. The docket
management facility is open between 9
a.m. and 5 p.m. Eastern Time, Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michael Kuppersmith, Office of Chief
Counsel, NHTSA, email
michael.kuppersmith@dot.gov,
telephone (202) 366–2992, facsimile
(202) 366–3820, 1200 New Jersey Ave.
SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PART 73—Radio Broadcast Service
Table of Contents
A. Public Participation
B. Statutory and Regulatory Background
C. Civil Penalties Inflationary Adjustment
Act Improvements Act of 2015
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
D. NHTSA’s Actions to Date Regarding CAFE
Civil Penalties
1. Interim Final Rule
2. Initial Petition for Reconsideration and
Response
3. NHTSA Reconsideration
E. IPI Petition for Reconsideration
F. The Alliance Petition for Rulemaking
G. NHTSA Response to Petitions
H. Interim Final Rule and Public Comment
I. Rulemaking Analyses and Notices
1. Executive Order 12866, Executive Order
13563, and DOT Regulatory Policies and
Procedures
2. Regulatory Flexibility Act
3. Executive Order 13132 (Federalism)
4. Unfunded Mandates Reform Act of 1995
5. National Environmental Policy Act
6. Executive Order 12778 (Civil Justice
Reform)
7. Paperwork Reduction Act
8. Privacy Act
9. Congressional Review Act
A. Public Participation
NHTSA requests comment on this
interim final rule. This section describes
how you can participate in this process.
(1) How do I prepare and submit
comments?
Your comments must be written and
in English. To ensure that your
comments are correctly filed in the
Docket, please include the Docket
number NHTSA–2021–0001 in your
comments. Your comments must not be
more than 15 pages long.1 NHTSA
established this limit to encourage you
to write your primary comments in a
concise fashion. However, you may
attach necessary additional documents
to your comments, and there is no limit
on the length of the attachments. If you
are submitting comments electronically
as a PDF (Adobe) file, we ask that the
documents submitted be scanned using
the Optical Character Recognition (OCR)
process, thus allowing the Agency to
search and copy certain portions of your
submissions.2 Please note that pursuant
to the Data Quality Act, in order for the
substantive data to be relied upon and
used by the Agency, it must meet the
information quality standards set forth
in the OMB and Department of
Transportation (DOT) Data Quality Act
guidelines. Accordingly, we encourage
you to consult the guidelines in
preparing your comments. OMB’s
guidelines may be accessed at https://
www.whitehouse.gov/omb/fedreg/
reproducible.html. DOT’s guidelines
may be accessed at https://www.dot.gov/
dataquality.htm.
(2) Tips for Preparing Your Comments
1 See
49 CFR 553.21
character recognition (OCR) is the
process of converting an image of text, such as a
scanned paper document or electronic fax file, into
computer-editable text.
2 Optical
E:\FR\FM\14JAR1.SGM
14JAR1
Agencies
[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Rules and Regulations]
[Pages 3015-3016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27277]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 20-340; RM-11865; DA 20-1425; FRS 17287]
Television Broadcasting Services; Minneapolis, Minnesota.
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Media Bureau, Video Division (Bureau) has before it a
Notice of Proposed Rulemaking issued in response to a petition for
rulemaking filed by Multimedia Holdings Corporation (Multimedia),
licensee of KARE, channel 11, Minneapolis, Minnesota, requesting the
substitution of channel 31 for channel 11 at Minneapolis in the DTV
Table of Allotments. The Bureau had instituted a freeze on the
acceptance of rulemaking petitions by full power television stations
requesting channel substitutions in May 2011 and waived the freeze to
consider Multimedia's proposal to substitute channel 31 at Minneapolis.
TEGNA, Inc., filed comments in support of the petition reaffirming its
commitment to applying for channel 31. The Bureau believes the public
interest would be served by the substitution and will permit the
station to better serve its viewers, who have experienced reception
problems with VHF channel 11.
DATES: Effective January 14, 2021.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
[email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MB Docket No. 20-340; RM-11865; DA 20-1425, adopted
December 2, 2020, and released December 2, 2020. The full text of this
document is available for download at https://www.fcc.gov/edocs. To
request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an email
to [email protected] or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (tty).
This document does not contain 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 1980, 5 U.S.C. 601-612, do not apply to
this proceeding.
The Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows:
[[Page 3016]]
PART 73--Radio Broadcast Service
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. 73.622 [Amended]
0
2. In Sec. 73.622(i), amend the Post-Transition Table of DTV
Allotments, under Minnesota, by removing channel 11 and adding channel
31 at Minneapolis.
[FR Doc. 2020-27277 Filed 1-13-21; 8:45 am]
BILLING CODE 6712-01-P