Class D FM Station Exemptions, 49769-49771 [2022-17337]
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Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Rules and Regulations
ZEBUV, AK, Fix to match the FAA’s
aeronautical database information.
DATES: Effective date 0901 UTC,
September 8, 2022. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR part 51, subject to the annual
revision of FAA Order 7400.11 and
publication of conforming amendments.
ADDRESSES: FAA Order 7400.11F,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at www.faa.gov/air_
traffic/publications/. For further
information, you can contact the Rules
and Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Rules and Regulations Group,
Office of Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with RULES
History
The FAA published a final rule in the
Federal Register (87 FR 41052; July 11,
2022) for Docket No. FAA–2021–0859,
establishing RNAV route T–390.
Subsequent to publication, the FAA
determined that the ZEBUV, AK, route
point was inadvertently identified as a
WP, in error. This rule corrects that
error by changing references from the
RAYMD, AK, WP to the RAYMD, AK,
Fix. This is an editorial change only to
match the FAA’s aeronautical database
information and does not alter the
alignment of T–390.
United States RNAV routes are
published in paragraph 6011 are
published in paragraph 6011 of FAA
Order JO 7400.11F, dated August 10,
2021, and effective September 15, 2021,
which is incorporated by reference in 14
CFR 71.1. The RNAV route listed in this
document will be published
subsequently in FAA Order JO 7400.11.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, reference to
the ZEBUV, AK, WP, published in the
Federal Register of July 11, 2022 (87 FR
41052), FR Doc. 2022–14494, is
corrected as follows:
■ 1. On page 41054, in the first column,
line 3, correct ‘‘ZEBUV, AK WP’’ to read
‘‘ZEBUV, AK FIX.’’
Issued in Washington, DC, on August 3,
2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022–16947 Filed 8–11–22; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–0867; Airspace
Docket No. 21–AAL–39]
RIN 2120–AA66
Establishment of United States Area
Navigation (RNAV) Route T–435; Sand
Point, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
The FAA is correcting a final
rule that published in the Federal
Register on June 28, 2022, that
established RNAV route T–435 in the
vicinity of Sandy Point, AK. In the
description of T–435, the final rule
identified the RAYMD, AK route point
as a waypoint (WP), in error. This action
makes editorial corrections to all
references of the RAYMD, AK, WP to
change them to the RAYMD, AK, Fix to
match the FAA’s aeronautical database
information.
DATES: Effective date 0901 UTC,
September 8, 2022. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR part 51, subject to the annual
revision of FAA Order 7400.11 and
publication of conforming amendments.
ADDRESSES: FAA Order 7400.11F,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at www.faa.gov/air_
traffic/publications/. For further
information, you can contact the Rules
and Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Rules and Regulations Group,
Office of Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
History
The FAA published a final rule in the
Federal Register (87 FR 38265; June 28,
2022) for Docket No. FAA–2022–0867,
which established RNAV route T–435.
Subsequent to publication, the FAA
determined that the RAYMD, AK, route
point was inadvertently identified as a
WP, in error. This rule corrects that
error by changing all references from the
RAYMD, AK, WP, to the RAYMD, AK,
Fix. This is an editorial change only to
match the FAA’s aeronautical database
PO 00000
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Fmt 4700
Sfmt 4700
49769
information and does not alter the
alignment of T–435.
United States RNAV routes are
published in paragraph 6011 are
published in paragraph 6011 of FAA
Order JO 7400.11F, dated August 10,
2021, and effective September 15, 2021,
which is incorporated by reference in 14
CFR 71.1. The RNAV route listed in this
document will be published
subsequently in FAA Order JO 7400.11.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, reference to
the RAYMD, AK, WP, published in the
Federal Register of June 28, 2022 (87 FR
38265), FR Doc. 2022–13682, is
corrected as follows:
■ 1. On page 38266, in the first column,
at line 26, correct ‘‘RAYMD, AK WP’’ to
read ‘‘RAYMD, AK FIX.’’
Issued in Washington, DC, on August 3,
2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022–16948 Filed 8–11–22; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 22–240; DA 22–662; FR ID
97781]
Class D FM Station Exemptions
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document the Media
Bureau (Bureau) of the Federal
Communications Commission
(Commission or FCC) adopts changes to
its public inspection file rules to
reinstate the text of an explanatory note
that was inadvertently deleted from the
Code of Federal Regulations. The note
clarified that Class D FM stations, or
stations whose programming is wholly
‘‘Instructional,’’ are exempt from the
requirement to maintain issues and
programs lists in their public inspection
file. Reinstatement of this explanatory
text will provide clarity to regulatees as
to their public inspection file
obligations.
SUMMARY:
DATES:
Effective September 12, 2022.
FOR FURTHER INFORMATION CONTACT:
Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418–2721;
Alexander Sanjenis, Assistant Division
Chief, Media Bureau, Audio Division,
(202) 418–2779.
E:\FR\FM\12AUR1.SGM
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49770
Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Rules and Regulations
This is a
summary of the Media Bureau’s Order
(Order), MB Docket No. 22–240; DA 22–
662, adopted and released on June 22,
2022. The full text of this document will
be available via the FCC’s Electronic
Comment Filing System (ECFS), https://
www.fcc.gov/cgb/ecfs/. Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
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).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act of 1995
Analysis
This document does not contain any
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13, see 44 U.S.C. 3507.
Therefore, it does not contain any
new or modified information collection
burdens 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).
jspears on DSK121TN23PROD with RULES
Congressional Review Act
The Bureau will send a copy of this
Order to Congress and the Government
Accountability Office (GAO) pursuant to
the Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
Synopsis
1. Introduction. In this Order, the
Bureau re-codifies clarifying language
from a Note that was inadvertently
eliminated from § 73.3527 of the
Commission’s rules (Rules) relating to
the online public inspection file
obligations of applicants, permittees, or
licensees whose existing or prospective
facilities are Class D FM stations or
whose programming is wholly
‘‘Instructional’’ (referred to collectively
herein as ‘‘Class D FM stations’’). We recodify the language as text in our Rules
to conform to the publishing
conventions of the National Archives
and Records Administration’s Office of
the Federal Register. This amendment to
the Rules does not change any
regulatory obligations. Instead,
§ 73.3527 will more accurately state the
entities to which it applies, eliminating
potential confusion among Class D FM
stations.
2. Section 73.3527 outlines the online
public inspection file obligations of
noncommercial educational stations.
Section 73.3527(e)(8) states that
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‘‘nonexempt noncommercial education
broadcast stations’’ are required to
maintain in their online public
inspection files a quarterly ‘‘list of
programs that have provided the
station’s most significant treatment of
community issues during the preceding
three month period.’’ However, the Rule
does not define ‘‘nonexempt’’ or provide
any explanation of which stations are
exempt from this requirement.
3. Prior to the adoption of § 73.3527,
the Commission had clarified that Class
D FM stations are exempt from the
requirement that stations maintain in
their public files a list of programs
addressing problems in the station’s
community, FCC 76–234, 41 FR 12424–
01 (Mar. 25, 1976) (1976 R&O).
Although the Commission required that
NCE stations place in their public files
such lists, the Commission codified in
a Note to its Rules that ‘‘[e]xempt
licensees include those offering wholly
instructional programming and those
operating under Class D, 10-watt
authorizations.’’ In 1984, the
Commission revisited the requirement
for stations to maintain issues/programs
lists, FCC 84–294, 49 FR 33658–01
(Aug. 24, 1984) (1984 R&O). The 1984
R&O again noted that Class D FM
stations are exempt from the issues/
programs lists requirements due to the
limited nature of the service they
provide. Although the Commission’s
order highlighted the exemption for
Class D FM stations, the actual text of
the new § 73.3527 inadvertently omitted
that exemption.
4. Subsequently, the Mass Media
Bureau issued an order in 1985 noting
that the exemption was inadvertently
omitted from the text of § 73.3527 but
that Class D FM stations remained
exempt from the requirement to
maintain program lists (1985 Bureau
Order). Accordingly, a Note 2 to
§ 73.3527 was added: ‘‘For purposes of
paragraph (a)(7) of this section, exempt
applicants, permittees or licensees
include those whose existing or
prospective facilities are Class D FM
stations or whose programming is
wholly ‘Instructional’ ’’ (Class D Note).
This revised version of § 73.3527 was
published in the Federal Register on
March 4, 1985, 50 FR 8628–01 (Mar. 4,
1985). and appears in the Code of
Federal Regulations (CFR) editions for
1985, 1986 and 1987.
5. In 1988, the Commission again
adopted an order, FCC 88–52, 53 FR
15224 (Apr. 28, 1988), revising the
retention of issues/programs lists in
§ 73.3527(a)(7) (1988 Order). The 1988
Order revised the rule to make it
consistent with a change made to the
companion rule for commercial stations.
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Fmt 4700
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The 1987 NPRM that preceded that
order did not propose any change to the
Class D exemption; nor did the 1988
Order discuss any such change.
However, the Class D Note did not
appear in the 1988 edition of the CFR,
nor in any subsequent edition.
6. Compounding the confusion
created by the apparent inadvertent
deletion of the Class D Note following
the 1988 Order, the Bureau issued a
Forfeiture Order in 2009, DA 09–590,
(UMW) where it specifically rejected an
argument that Class D FM stations are
exempt from the issues/programs list
requirement of § 73.3527. Although
UMW correctly states that the
Commission did indeed make Class D
FM stations exempt in the 1976 R&O, it
incorrectly held that the Commission
did not intend to continue that
exemption in effect when it adopted
§ 73.3527. UMW did not address the
1985 Bureau Order, which clarified that
Class D FM stations are exempt from
§ 73.3527, nor did it explain what
stations are considered exempt from the
issues/programs list requirement.
7. Discussion. We find that the
omission of the Class D Note from the
1988 Order and subsequent editions of
the CFR was an inadvertent one,
unrelated to the proposal addressed in
that order, and re-codify the exemption
that relieves Class D FM stations from
the requirement to maintain issues/
programs lists in their online public
inspection file. In reaching this
determination, we are guided by the fact
that the Commission never proposed to
issue, and never issued, an order
rescinding the Class D Note, or
otherwise deleting the Class D Note
from § 73.3527. Our reinstatement of the
exemption is consistent with the
holdings in the 1976 R&O and 1984
R&O—as clarified by the 1985 Bureau
Order—that Class D FM stations should
be exempt from the issues/programs list
requirement. Accordingly, to provide
clarity to Class D FM stations and to
conform to the publishing conventions
of the National Archives and Records
Administration’s Office of the Federal
Register, we amend § 73.3527(e)(8) as
set out in the Appendix by including
the text of the Class D Note.
8. We find that notice and comment
procedures are unnecessary under the
good cause exception of the
Administrative Procedure Act because
re-codifying the inadvertently deleted
text of the deleted Class D Note merely
restores an exemption to § 73.3527 that
the Commission established and has
never sought to change in subsequent
rulemaking actions. Consequently, we
find notice and comment procedures are
unnecessary for this action.
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Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Rules and Regulations
9. Finally, we disavow the Bureau’s
holding in UMW. As discussed above,
the 1985 Bureau Order clearly states
that Class D FM stations were meant to
be exempted from the issues/programs
lists requirement of § 73.3527, and no
subsequent Commission decision
changed that requirement. The removal
of the Class D Note from § 73.3527 was
not done pursuant to a Commission
action, but rather through apparent
inadvertence. Therefore, that exemption
is still valid, and UMW provides an
example of the importance of reflecting
this exemption within the text of
§ 73.3527(e)(8).
Procedural Matters
10. Regulatory Flexibility Analysis.
Because these rule changes are being
adopted without notice and comment,
the Regulatory Flexibility Act does not
apply. See 5 U.S.C. 601(2).
11. Paperwork Reduction Act
Analysis. The document does not
contain new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. Therefore, it
does not contain any new of modified
information collection burdens 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).
12. Congressional Review Act. The
Media Bureau has determined, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Media Bureau will
send a copy of this Order to Congress
and the Government Accountability
Office pursuant to 5 U.S.C. 801(a)(1)(A).
jspears on DSK121TN23PROD with RULES
Ordering Clauses
13. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 4(i), 4(j), 301, 303, 307, 308,
309, 316, and 319 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
301, 303, 307, 308, 309, 316, and 319,
the Order is adopted and will become
effective 30 days after publication in the
Federal Register.
14. It is further ordered that part 73
of the Commission’s rules is amended as
set forth in the Final Rules, effective as
of thirty (30) days after the date of
publication in the Federal Register.
15. It is further ordered that the Media
Bureau shall send a copy of the Order
in a report to be sent to Congress and
the Government Accountability Office
VerDate Sep<11>2014
16:01 Aug 11, 2022
Jkt 256001
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
16. It is further ordered that, should
no petitions for reconsideration or
petitions for judicial review be timely
filed, MB Docket No. 22–240 shall be
terminated and its docket closed.
List of Subjects in 47 CFR Part 73
Communications equipment, Radio,
Reporting and recordkeeping
requirements, Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. Amend § 73.3527 by revising the
last sentence of paragraph (e)(8) to read
as follows:
■
§ 73.3527 Online public inspection file of
noncommercial educational stations.
*
*
*
*
*
(e) * * *
(8) * * * For the purposes of this
section, exempt applicants, permittees,
or licensees include those whose
existing or prospective facilities are
Class D FM stations or whose
programming is wholly ‘‘Instructional.’’
*
*
*
*
*
[FR Doc. 2022–17337 Filed 8–11–22; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 95
[ET Docket Nos. 16–56, 14–165, GN Docket
No. 12–268; RM–11745; FCC 19–24; FR ID
1000333]
Unlicensed White Space Devices
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
The Federal Communications
Commission (Commission) announces
that the Office of Management and
Budget (OMB) has approved, for a
period of three years, the new
information collection associated with
SUMMARY:
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49771
the Commission’s Amendment of Part
15 of the Commission’s Rules for
Unlicensed White Space Devices Report
and Order and Order on
Reconsideration. This document is
consistent with the Order, which stated
that the Commission would publish a
document in the Federal Register
announcing OMB approval and the
effective date of the rules related to the
information collection.
DATES: The amendment to 47 CFR
95.2309, published at 84 FR 34792, July
19, 2019, is effective August 12, 2022.
FOR FURTHER INFORMATION CONTACT:
Hugh Van Tuyl, Office of Engineering
and Technology, at (202) 418–7506, or
email: Hugh.VanTuyl@fcc.gov.
For additional information concerning
the Paperwork Reduction Act
information collection requirements,
contact Nicole Ongele at (202) 418–2991
or nicole.ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on November
4, 2019, OMB approved, for a period of
three years, the information collection
requirements relating to the White
Space Database rules contained in the
Commission’s Amendment of Part 15 of
the Commission’s Rules for Unlicensed
White Space Devices, Order, FCC 19–24
(84 FR 34792, July 19, 2019). The OMB
Control Number is 3060–0953. The
Commission publishes this document as
an announcement of the effective date of
the information collection requirements
provided at 47 CFR 95.2309.
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on
November 4, 2019, for the information
collection requirements contained in the
Commission’s rules in 47 CFR part 95.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0953.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0953.
OMB Approval Date: November 4,
2019.
E:\FR\FM\12AUR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Rules and Regulations]
[Pages 49769-49771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17337]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 22-240; DA 22-662; FR ID 97781]
Class D FM Station Exemptions
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Media Bureau (Bureau) of the Federal
Communications Commission (Commission or FCC) adopts changes to its
public inspection file rules to reinstate the text of an explanatory
note that was inadvertently deleted from the Code of Federal
Regulations. The note clarified that Class D FM stations, or stations
whose programming is wholly ``Instructional,'' are exempt from the
requirement to maintain issues and programs lists in their public
inspection file. Reinstatement of this explanatory text will provide
clarity to regulatees as to their public inspection file obligations.
DATES: Effective September 12, 2022.
FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418-2721; Alexander Sanjenis, Assistant Division
Chief, Media Bureau, Audio Division, (202) 418-2779.
[[Page 49770]]
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Order (Order), MB Docket No. 22-240; DA 22-662, adopted and released on
June 22, 2022. The full text of this document will be available via the
FCC's Electronic Comment Filing System (ECFS), https://www.fcc.gov/cgb/ecfs/. Documents will be available electronically in ASCII, Microsoft
Word, and/or Adobe Acrobat. Alternative formats are available for
people with disabilities (braille, large print, electronic files, audio
format), by sending an email to [email protected] or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This document does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13, see 44 U.S.C. 3507.
Therefore, it does not contain any new or modified information
collection burdens 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).
Congressional Review Act
The Bureau will send a copy of this Order to Congress and the
Government Accountability Office (GAO) pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A).
Synopsis
1. Introduction. In this Order, the Bureau re-codifies clarifying
language from a Note that was inadvertently eliminated from Sec.
73.3527 of the Commission's rules (Rules) relating to the online public
inspection file obligations of applicants, permittees, or licensees
whose existing or prospective facilities are Class D FM stations or
whose programming is wholly ``Instructional'' (referred to collectively
herein as ``Class D FM stations''). We re-codify the language as text
in our Rules to conform to the publishing conventions of the National
Archives and Records Administration's Office of the Federal Register.
This amendment to the Rules does not change any regulatory obligations.
Instead, Sec. 73.3527 will more accurately state the entities to which
it applies, eliminating potential confusion among Class D FM stations.
2. Section 73.3527 outlines the online public inspection file
obligations of noncommercial educational stations. Section
73.3527(e)(8) states that ``nonexempt noncommercial education broadcast
stations'' are required to maintain in their online public inspection
files a quarterly ``list of programs that have provided the station's
most significant treatment of community issues during the preceding
three month period.'' However, the Rule does not define ``nonexempt''
or provide any explanation of which stations are exempt from this
requirement.
3. Prior to the adoption of Sec. 73.3527, the Commission had
clarified that Class D FM stations are exempt from the requirement that
stations maintain in their public files a list of programs addressing
problems in the station's community, FCC 76-234, 41 FR 12424-01 (Mar.
25, 1976) (1976 R&O). Although the Commission required that NCE
stations place in their public files such lists, the Commission
codified in a Note to its Rules that ``[e]xempt licensees include those
offering wholly instructional programming and those operating under
Class D, 10-watt authorizations.'' In 1984, the Commission revisited
the requirement for stations to maintain issues/programs lists, FCC 84-
294, 49 FR 33658-01 (Aug. 24, 1984) (1984 R&O). The 1984 R&O again
noted that Class D FM stations are exempt from the issues/programs
lists requirements due to the limited nature of the service they
provide. Although the Commission's order highlighted the exemption for
Class D FM stations, the actual text of the new Sec. 73.3527
inadvertently omitted that exemption.
4. Subsequently, the Mass Media Bureau issued an order in 1985
noting that the exemption was inadvertently omitted from the text of
Sec. 73.3527 but that Class D FM stations remained exempt from the
requirement to maintain program lists (1985 Bureau Order). Accordingly,
a Note 2 to Sec. 73.3527 was added: ``For purposes of paragraph (a)(7)
of this section, exempt applicants, permittees or licensees include
those whose existing or prospective facilities are Class D FM stations
or whose programming is wholly `Instructional' '' (Class D Note). This
revised version of Sec. 73.3527 was published in the Federal Register
on March 4, 1985, 50 FR 8628-01 (Mar. 4, 1985). and appears in the Code
of Federal Regulations (CFR) editions for 1985, 1986 and 1987.
5. In 1988, the Commission again adopted an order, FCC 88-52, 53 FR
15224 (Apr. 28, 1988), revising the retention of issues/programs lists
in Sec. 73.3527(a)(7) (1988 Order). The 1988 Order revised the rule to
make it consistent with a change made to the companion rule for
commercial stations. The 1987 NPRM that preceded that order did not
propose any change to the Class D exemption; nor did the 1988 Order
discuss any such change. However, the Class D Note did not appear in
the 1988 edition of the CFR, nor in any subsequent edition.
6. Compounding the confusion created by the apparent inadvertent
deletion of the Class D Note following the 1988 Order, the Bureau
issued a Forfeiture Order in 2009, DA 09-590, (UMW) where it
specifically rejected an argument that Class D FM stations are exempt
from the issues/programs list requirement of Sec. 73.3527. Although
UMW correctly states that the Commission did indeed make Class D FM
stations exempt in the 1976 R&O, it incorrectly held that the
Commission did not intend to continue that exemption in effect when it
adopted Sec. 73.3527. UMW did not address the 1985 Bureau Order, which
clarified that Class D FM stations are exempt from Sec. 73.3527, nor
did it explain what stations are considered exempt from the issues/
programs list requirement.
7. Discussion. We find that the omission of the Class D Note from
the 1988 Order and subsequent editions of the CFR was an inadvertent
one, unrelated to the proposal addressed in that order, and re-codify
the exemption that relieves Class D FM stations from the requirement to
maintain issues/programs lists in their online public inspection file.
In reaching this determination, we are guided by the fact that the
Commission never proposed to issue, and never issued, an order
rescinding the Class D Note, or otherwise deleting the Class D Note
from Sec. 73.3527. Our reinstatement of the exemption is consistent
with the holdings in the 1976 R&O and 1984 R&O--as clarified by the
1985 Bureau Order--that Class D FM stations should be exempt from the
issues/programs list requirement. Accordingly, to provide clarity to
Class D FM stations and to conform to the publishing conventions of the
National Archives and Records Administration's Office of the Federal
Register, we amend Sec. 73.3527(e)(8) as set out in the Appendix by
including the text of the Class D Note.
8. We find that notice and comment procedures are unnecessary under
the good cause exception of the Administrative Procedure Act because
re-codifying the inadvertently deleted text of the deleted Class D Note
merely restores an exemption to Sec. 73.3527 that the Commission
established and has never sought to change in subsequent rulemaking
actions. Consequently, we find notice and comment procedures are
unnecessary for this action.
[[Page 49771]]
9. Finally, we disavow the Bureau's holding in UMW. As discussed
above, the 1985 Bureau Order clearly states that Class D FM stations
were meant to be exempted from the issues/programs lists requirement of
Sec. 73.3527, and no subsequent Commission decision changed that
requirement. The removal of the Class D Note from Sec. 73.3527 was not
done pursuant to a Commission action, but rather through apparent
inadvertence. Therefore, that exemption is still valid, and UMW
provides an example of the importance of reflecting this exemption
within the text of Sec. 73.3527(e)(8).
Procedural Matters
10. Regulatory Flexibility Analysis. Because these rule changes are
being adopted without notice and comment, the Regulatory Flexibility
Act does not apply. See 5 U.S.C. 601(2).
11. Paperwork Reduction Act Analysis. The document does not contain
new or modified information collection requirements subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Therefore, it
does not contain any new of modified information collection burdens 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).
12. Congressional Review Act. The Media Bureau has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The Media
Bureau will send a copy of this Order to Congress and the Government
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
13. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and
319 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 301, 303, 307, 308, 309, 316, and 319, the Order is
adopted and will become effective 30 days after publication in the
Federal Register.
14. It is further ordered that part 73 of the Commission's rules is
amended as set forth in the Final Rules, effective as of thirty (30)
days after the date of publication in the Federal Register.
15. It is further ordered that the Media Bureau shall send a copy
of the 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).
16. It is further ordered that, should no petitions for
reconsideration or petitions for judicial review be timely filed, MB
Docket No. 22-240 shall be terminated and its docket closed.
List of Subjects in 47 CFR Part 73
Communications equipment, Radio, Reporting and recordkeeping
requirements, Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 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, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
2. Amend Sec. 73.3527 by revising the last sentence of paragraph
(e)(8) to read as follows:
Sec. 73.3527 Online public inspection file of noncommercial
educational stations.
* * * * *
(e) * * *
(8) * * * For the purposes of this section, exempt applicants,
permittees, or licensees include those whose existing or prospective
facilities are Class D FM stations or whose programming is wholly
``Instructional.''
* * * * *
[FR Doc. 2022-17337 Filed 8-11-22; 8:45 am]
BILLING CODE 6712-01-P
