81 FR 69409 - Radio Broadcasting Services; Sells, Willcox, and Davis-Monthan Air Force Base, Arizona
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 194 (October 6, 2016)
Federal Register Volume 81, Issue 194 (October 6, 2016)
| Page Range | 69409-69410 | |
| FR Document | 2016-24174 |
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)] [Rules and Regulations] [Pages 69409-69410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24174] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 02-376, RM-10617, RM-10690; DA 16-1062] Radio Broadcasting Services; Sells, Willcox, and Davis-Monthan Air Force Base, Arizona AGENCY: Federal Communications Commission. ACTION: Final rule; dismissal of application for review. ----------------------------------------------------------------------- SUMMARY: In this document, the Media Bureau (Bureau) dismisses as moot the Application for Review filed jointly by KZLZ, LLC (KZLZ) and Lakeshore Media, LLC, the current and former licensee, respectively, of Station KWCX-FM. While the AFR was pending, KZLZ filed a minor modification application to change the community of license of Station KWCX-FM from Willcox to Tanque Verde, Arizona. Once the requested facility modification to Station KWCX-FM was granted, the assignment at Willcox was deleted, and this in turn rendered moot any Section 307(b) comparison between Davis-Monthan AFB and the deleted Willcox assignment. DATES: Effective October 6, 2016. FOR FURTHER INFORMATION CONTACT: Adrienne Denysyk, Media Bureau, (202) 418-2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Bureau's Letter, DA 16-1062, released September 21, 2016. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street SW., Washington, DC 20554. [[Page 69410]] This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of the Letter to GAO, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for Review was dismissed as moot.) Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 2016-24174 Filed 10-5-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 69409
Executive Order 13175, entitled replacing monitoring of the inorganic soil as described in paragraph
‘‘Consultation and Coordination with constituents, with the exception of (b)(2)(iii)(A)(2) of this section at the
Indian Tribal Governments,’’ (65 FR arsenic, with the inorganic indicator ratio of 50% rock to soil by volume and
67249, November 9, 2000), calls for EPA parameters chloride, nitrate as nitrogen, result in a minimum six-inch erosion
to develop an accountable process to sulfate, and total dissolved solids. layer, or gravel/rock (3⁄4-inch to two-
ensure ‘‘meaningful and timely input by (2) In accordance with § 258.60(b), the inch diameter) mixed with additional
tribal officials in the development of owner and operator may replace the cover soil as described in paragraph
regulatory policies that have tribal prescriptive final cover set forth in (b)(2)(iii)(A)(2) of this section at the
implications.’’ See also ‘‘EPA Policy for § 258.60(a), with an alternative final ratio of 50% rock to soil by volume and
the Administration of Environmental cover as follows: result in a minimum 12-inch erosion
Programs on Indian Reservations,’’ (i) The owner and operator may layer.
(November 8, 1984) and ‘‘EPA Policy on install an evapotranspiration cover (iii) The owner and operator shall
Consultation and Coordination with system as an alternative final cover for place documentation demonstrating
Indian Tribes,’’ (May 4, 2011). EPA the 12.5 acre site. compliance with the provisions of this
consulted with the Quechan Tribe (ii) The alternative final cover system section in the operating record.
throughout Imperial County’s shall be constructed to achieve an (iv) All other applicable provisions of
development of its closure and equivalent reduction in infiltration as this part remain in effect.
monitoring plans for the Picacho the infiltration layer specified in (B) [Reserved]
Landfill. § 258.60(a)(1) and (2), and provide an [FR Doc. 2016–23839 Filed 10–5–16; 8:45 am]
equivalent protection from wind and BILLING CODE 6560–50–P
List of Subjects in 40 CFR Part 258 water erosion as the erosion layer
Environmental protection, Final specified in § 258.60(a)(3).
cover, Monitoring, Municipal landfills, (iii) The final cover system shall FEDERAL COMMUNICATIONS
Post-closure care groundwater, consist of a minimum three-foot-thick COMMISSION
Reporting and recordkeeping multi-layer cover system comprised,
requirements, Waste treatment and from bottom to top, of: 47 CFR Part 73
disposal, Water pollution control. (A) A minimum 30-inch thick
[MB Docket No. 02–376, RM–10617, RM–
Dated: September 22, 2016. infiltration layer consisting of: 10690; DA 16–1062]
(1) Existing intermediate cover; and
Alexis Strauss, (2) Additional cover soil which, prior
Acting Regional Administrator, Region IX.
Radio Broadcasting Services; Sells,
to placement, shall be wetted to optimal Willcox, and Davis-Monthan Air Force
For the reasons stated in the moisture and thoroughly mixed to near Base, Arizona
preamble, 40 CFR part 258 is amended uniform condition, and the material
as follows: shall then be placed in lifts with an AGENCY: Federal Communications
uncompacted thickness of six to eight Commission.
PART 258—CRITERIA FOR MUNICIPAL inches, spread evenly and compacted to ACTION: Final rule; dismissal of
SOLID WASTE LANDFILLS 90 percent of the maximum dry density, application for review.
and shall:
■ 1. The authority citation for part 258 (i) Exhibit a grain size distribution SUMMARY: In this document, the Media
continues to read as follows: Bureau (Bureau) dismisses as moot the
that excludes particles in excess of three
Authority: 33 U.S.C. 1345(d) and (e); 42 Application for Review filed jointly by
inches in diameter;
U.S.C. 6902(a), 6907, 6912(a), 6944, 6945(c) (ii) Have a minimum fines content KZLZ, LLC (KZLZ) and Lakeshore
and 6949a(c), 6981(a). (percent by weight passing U.S. No. 200 Media, LLC, the current and former
Sieve) of seven percent for an individual licensee, respectively, of Station
Subpart F—Closure and Post-Closure KWCX–FM. While the AFR was
test and eight percent for the average of
Care pending, KZLZ filed a minor
ten consecutive tests;
(iii) Have a grain size distribution modification application to change the
■ 2. Section 258.62 is amended by community of license of Station KWCX–
removing ‘‘[Reserved]’’ at the end of the with a minimum of five percent smaller
than five microns for an individual test FM from Willcox to Tanque Verde,
section and adding paragraph (b) to read Arizona. Once the requested facility
as follows: and six percent for the average of ten
consecutive tests; and modification to Station KWCX–FM was
§ 258.62 Approval of site-specific flexibility (iv) Exhibit a maximum saturated granted, the assignment at Willcox was
requests in Indian country. hydraulic conductivity on the order of deleted, and this in turn rendered moot
* * * * * 1.0E–03 cm/sec.; and any Section 307(b) comparison between
(b) Picacho Municipal Solid Waste (3) A minimum six-inch surface Davis-Monthan AFB and the deleted
Landfill—alternative list of detection erosion layer comprised of a rock/soil Willcox assignment.
monitoring parameters and alternative admixture. The surface erosion layer DATES: Effective October 6, 2016.
final cover. This paragraph (b) applies to admixture and gradations for 3% slopes FOR FURTHER INFORMATION CONTACT:
the Picacho Landfill, a Municipal Solid and 3:1 slopes are detailed below: Adrienne Denysyk, Media Bureau, (202)
Waste Landfill operated by Imperial (i) 3% slopes: For the 3% slopes the 418–2700.
County on the Quechan Indian Tribe of surface admixture shall be composed of SUPPLEMENTARY INFORMATION: This is a
the Fort Yuma Indian Reservation in pea gravel (3⁄8-inch to 1⁄2-inch diameter) synopsis of the Bureau’s Letter, DA 16–
sradovich on DSK3GMQ082PROD with RULES
California. mixed with cover soil at the ratio of 1062, released September 21, 2016. The
(1) In accordance with § 258.54(a), the 25% rock to soil by volume with a full text of this document is available for
owner and operator may modify the list minimum six-inch erosion layer. inspection and copying during normal
of heavy metal detection monitoring (ii) For the 3:1 side slopes the surface business hours in the FCC Reference
parameters specified in appendix I of admixture shall be composed of either: Information Center (Room CY–A257),
this part, as required during Post- gravel/rock (3⁄4-inch to one-inch 445 12th Street SW., Washington, DC
Closure Care by § 258.61(a)(3), by diameter) mixed with additional cover 20554.
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This document does not contain are for the most part consistent with the The Board sought comments on the
information collection requirements new statutory provisions, certain proposed regulations by June 13, 2016,
subject to the Paperwork Reduction Act changes are needed so that the Board’s and replies by July 1, 2016. The Board
of 1995, Public Law 104–13. This regulations conform fully to the received comments from seven parties:
document is not subject to the requirements under section 11708. Association of American Railroads
Congressional Review Act. (The On May 12, 2016, the Board issued a (AAR), American Chemistry Council
Commission, is, therefore, not required Notice of Proposed Rulemaking (NPR), (ACC), National Grain and Feed
to submit a copy of the Letter to GAO, proposing to modify its existing Association (NGFA), Growth Energy,
pursuant to the Congressional Review arbitration regulations, set forth at 49 Rail Customer Coalition (RCC), National
Act, see 5 U.S.C. 801(a)(1)(A) because CFR part 1108 and 49 CFR 1115.8, to Industrial Transportation League
the Application for Review was conform to the provisions set forth by (NITL), and Samuel J. Nasca on behalf
dismissed as moot.) the statute and to make other minor of SMART/Transportation Division,
clarifying changes. Specifically, the New York State Legislative Board
Federal Communications Commission.
Board proposed adding rate disputes to (SMART/TD–NY). AAR, ACC, and
Nazifa Sawez, the list of matters eligible for arbitration SMART/TD–NY also filed replies. After
Assistant Chief, Audio Division, Media under its arbitration program and giving consideration to the comments
Bureau. barring two matters from the arbitration and suggestions submitted by parties,
[FR Doc. 2016–24174 Filed 10–5–16; 8:45 am] program (disputes to prescribe for the the Board clarifies and modifies its
BILLING CODE 6712–01–P future any conduct, rules, or results of proposed rules, as discussed below.
general, industry-wide applicability and Creating and Maintaining the Roster.
disputes solely between two or more rail Under section 11708(f)(1), arbitrators on
SURFACE TRANSPORTATION carriers). For rate disputes, pursuant to the roster must be ‘‘persons with rail
section 11708(c)(1)(C), the proposed transportation, economic regulation,
49 CFR Parts 1108 and 1115 rules indicated that arbitration would be professional or business experience,
[Docket No. EP 730] available only if the rail carrier has including agriculture, in the private
market dominance (as determined under sector.’’ The NPR further proposed that
Revisions to Arbitration Procedures 49 U.S.C. 10707). The Board sought arbitrators be required to have training
comment on whether parties should be in dispute resolution and/or experience
AGENCY: Surface Transportation Board. given the option to concede market in arbitration or other forms of dispute
ACTION: Final rules. dominance, thereby forgoing the need resolution. Under the proposed rules,
for a determination by the Board under the Chairman would have discretion as
SUMMARY: The Surface Transportation 49 U.S.C. 10707. to whether an individual meets the
Board (Board or STB) adopts changes to The Board also proposed that, as an qualifications to be added to the roster.
its arbitration procedures to conform to alternative to filing a written complaint, NGFA and ACC suggest revising the
the requirements of the Surface arbitration could be initiated by the proposed rules so that all Board
Transportation Reauthorization Act of parties if they submit a joint notice to members would have input as to which
2015. the Board indicating their consent to applicants are qualified and should be
DATES: These rules are effective on arbitrate. In accordance with section included in the roster. (NGFA
October 30, 2016. 11708(g), the Board proposed setting the Comments 6, ACC Comment 4.) The
ADDRESSES: Information or questions
maximum amount of relief that could be Board agrees that all Board Members
regarding these final rules should awarded under the arbitration program should have input in establishing the
to $25,000,000 in rate disputes and roster of arbitrators. (See NGFA
reference Docket No. EP 730 and be in
$2,000,000 in practice disputes. The Comments 6.) The final rules will
writing addressed to: Chief, Section of
Board also proposed rules to establish a provide that the Chairman will solicit
Administration, Office of Proceedings,
process for creating and maintaining a input and recommendations from all
Surface Transportation Board, 395 E
roster of arbitrators and selecting Members in selecting qualified
Street SW., Washington, DC 20423–
arbitrators from the roster in accordance individuals to be included in the
0001.
with section 11708(f). Pursuant to arbitrator roster, which will then be
FOR FURTHER INFORMATION CONTACT: section 11708(d) and (h), the proposed established by a Board no-objection
Amy C. Ziehm at 202–245–0391. rules would also modify the vote.
[Assistance for the hearing impaired is requirements for, and applicable AAR asserts that the Board should
available through the Federal standard of review of, arbitration have no discretion to exclude qualified
Information Relay Service (FIRS) at 1– decisions, which are to be ‘‘consistent individuals from the roster. (AAR
800–877–8339.] with sound principles of rail regulation Comment 5.) Rather, AAR suggests that
SUPPLEMENTARY INFORMATION: Under economics.’’ The proposed rules would the Board adopt a more transparent
Section 13 of the STB Reauthorization also modify the deadlines governing the process in which individuals meeting
Act (codified at 49 U.S.C. 11708), the arbitration process in accordance with set criteria would automatically be
Board must ‘‘promulgate regulations to the statutory provisions. Lastly, the added to the roster. Under this process,
establish a voluntary and binding proposed rules would correct an an applicant would submit a narrative
arbitration process to resolve rail rate inadvertent omission made in Docket describing his or her qualifications,
and practice complaints’’ that are No. EP 699 that unintentionally which would then be posted for a 20-
subject to the Board’s jurisdiction. removed the Board’s standard of review day comment period. (AAR Comment
sradovich on DSK3GMQ082PROD with RULES
Section 11708 sets forth specific for labor arbitration cases. 6.) The Board would add all
requirements and procedures for the uncontested applicants to the roster, but
Board’s arbitration process. While the Board adopted modified rules governing the use of if there is an objection, the Board would
mediation and arbitration to resolve matters before decide whether the individual should or
Board’s existing arbitration regulations 1 the Board. The rules established a new arbitration
program under which shippers and carriers may
should not be added and issue a
1 In Assessment of Mediation & Arbitration voluntarily agree in advance to arbitrate certain decision explaining its reasoning. (Id.)
Procedures, EP 699 (STB served May 13, 2013), the disputes with clearly defined limits of liability. The Board finds this additional process
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Document Created: 2016-10-06 02:37:33
Document Modified: 2016-10-06 02:37:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; dismissal of application for review. | |
| Dates | Effective October 6, 2016. | |
| Contact | Adrienne Denysyk, Media Bureau, (202) 418-2700. | |
| FR Citation | 81 FR 69409 |
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