81 FR 79407 - Radio Broadcasting Services; Mullin, Texas

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range		79407-79408
FR Document		2016-27221

This document proposes to amend the FM Table of Allotments, by substituting Channel 277A for vacant Channel 224A at Mullin, Texas, to accommodate the hybrid application requesting modification of the license for Station KNUZ(FM), San Saba, Texas to specify operation on Channel 224A rather than Channel 291A at San Saba, Texas. A staff engineering analysis indicates that Channel 277A can be allotted to Mullin consistent with the minimum distance separation requirements of the Commission's rules with site restriction 3.1 km (1.9 miles) north of the city. The reference coordinates are 31-35-00 NL and 98-40-31 WL.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Proposed Rules]
[Pages 79407-79408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27221]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 16-1229; MB Docket No. 16-362; RM-11776]


Radio Broadcasting Services; Mullin, Texas

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: This document proposes to amend the FM Table of Allotments, by 
substituting Channel 277A for vacant Channel 224A at Mullin, Texas, to 
accommodate the hybrid application requesting modification of the 
license for Station KNUZ(FM), San Saba, Texas to specify operation on 
Channel 224A rather than Channel 291A at San Saba, Texas. A staff 
engineering analysis indicates that Channel 277A can be allotted to 
Mullin consistent with the minimum distance separation requirements of 
the Commission's rules with site restriction 3.1 km (1.9 miles) north 
of the city. The reference coordinates are 31-35-00 NL and 98-40-31 WL.

DATES: Comments must be filed on or before December 19, 2016, and reply 
comments on or before January 3, 2017.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554. In addition to filing comments with the FCC, 
interested parties should serve the rule making petitioner and the 
counter proponent as follows: John C. Trent, Esq., Putbrese, Hunsaker & 
Trust, 200 S. Church Street, Woodstock, VA 22664.

[[Page 79408]]


FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau, 
(202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MB Docket No. 16-362, adopted October 
27, 2016. The FM Table of Allotment does not contain vacant Channel 
224A at Mullins, Texas because the channel was removed from the FM 
Table because it was auctioned in Auction 93, and considered an 
authorized station. See 79 FR 64125, published October 28, 2014. 
Channel 224A at Mullins, Texas is no longer considered an authorized 
station but instead a vacant allotment because the construction permit 
for Station DKFON was cancelled on January 8, 2016. See File No. BNPH-
20120523ABP. The full text of this Commission decision is available for 
inspection and copying during normal business hours in the FCC's 
Reference Information Center at Portals II, CY-A257, 445 12th Street, 
SW., Washington, DC 20554. The full text is also available online at 
http://apps.fcc.gov/ecfs/. This document does not contain proposed 
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 l980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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, 303, 334, 336 and 339.


Sec.    73.202 [Amended]

0
 2. In Sec.  73.202(b) amend the table under Texas by adding Mullin, 
Channel 277A to read as follows:


Sec.  73.202   Table of Allotments.

* * * * *
    (b) Table of FM Allotments.

------------------------------------------------------------------------
                          Texas
------------------------------------------------------------------------
 
                                * * * * *
Mullin..................................................            277A
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-27221 Filed 11-10-16; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules 79407

(k) Requirements for waiver or explanatory information regarding this (1) Release of the requested records or
reduction of fees. (1) Requesters may consideration. testimony is prohibited under § 1208.5;
seek a waiver of fees by submitting a (B) If there is an identified (2) The disclosure is appropriate
written application demonstrating how commercial interest, the NMB must under the rules of procedure governing
disclosure of the requested information determine whether that is the primary the case or matter;
is in the public interest because it is interest furthered by the request. A (3) The requested testimony or
likely to contribute significantly to waiver or reduction of fees is justified records are privileged under the
public understanding of the operations when the requirements of paragraphs relevant substantive law concerning
or activities of the government and is (k)(2)(i) and (ii) of this section are privilege;
not primarily in the commercial interest satisfied and any commercial interest is (4) Disclosure would violate a statute
of the requester. not the primary interest furthered by the or regulation;
(2) The NMB will furnish records request. The NMB will presume that (5) Disclosure would reveal trade
responsive to a request without charge when a news media requester has secrets without the owner’s consent;
or at a reduced rate when it determines, satisfied the factors in paragraphs and
based on all available information, that (k)(2)(i) and (ii) of this section, the (6) Allowing testimony or production
the factors described in paragraphs request is not primarily in the of records would be in the best interest
(k)(2)(i) through (iii) of this section are commercial interest of the requester. of the NMB or the United States.
satisfied: Disclosure to data brokers or others who Dated: November 3, 2016.
(i) Disclosure of the requested merely compile and market government Mary Johnson,
information would shed light on the information for direct economic return General Counsel, National Mediation Board.
operations or activities of the will not be presumed to primarily serve [FR Doc. 2016–26986 Filed 11–10–16; 8:45 am]
government. The subject of the request the public interest.
BILLING CODE 7550–01–P
must concern identifiable operations or (3) Where only some of the records to
activities of the Federal Government be released satisfy the requirements for
with a connection that is direct and a waiver of fees, a waiver will be
granted for those records. FEDERAL COMMUNICATIONS
clear, not remote or attenuated.
(4) Requests for a waiver or reduction COMMISSION
(ii) Disclosure of the requested
information is likely to contribute of fees should be made when the request
47 CFR Part 73
significantly to public understanding of is first submitted and should address
those operations or activities. This the criteria referenced above. A [DA 16–1229; MB Docket No. 16–362; RM–
requester may submit a fee waiver 11776]
factor is satisfied when the following
criteria are met: request at a later time so long as the
underlying record request is pending or Radio Broadcasting Services; Mullin,
(A) Disclosure of the requested Texas
records must be meaningfully on administrative appeal. When a
informative about government requester who has committed to pay AGENCY: Federal Communications
operations or activities. The disclosure fees subsequently asks for a waiver of Commission.
of information that already is in the those fees and that waiver is denied, the ACTION: Proposed rule.
public domain, in either the same or a requester must pay any costs incurred
substantially identical form, would not up to the date the fee waiver request SUMMARY: This document proposes to
be meaningfully informative if nothing was received. amend the FM Table of Allotments, by
new would be added to the public’s substituting Channel 277A for vacant
§ 1208.7 Subpoenas and other requests
understanding. Channel 224A at Mullin, Texas, to
for testimony and production of documents
(B) The disclosure must contribute to in legal proceedings where the NMB is not accommodate the hybrid application
the understanding of a reasonably broad a party. requesting modification of the license
audience of persons interested in the (a) In legal proceedings between for Station KNUZ(FM), San Saba, Texas
subject, as opposed to the individual private litigants, a subpoena or other to specify operation on Channel 224A
understanding of the requester. A demand for the production of records rather than Channel 291A at San Saba,
requester’s expertise in the subject area held by the Agency or for oral or written Texas. A staff engineering analysis
as well as the requester’s ability and testimony of a current or former NMB indicates that Channel 277A can be
intention to effectively convey employee should be addressed to the allotted to Mullin consistent with the
information to the public must be General Counsel, National Mediation minimum distance separation
considered. Agencies will presume that Board, 1301 K Street NW., Suite 250E, requirements of the Commission’s rules
a representative of the news media will Washington, DC 20005. No other official with site restriction 3.1 km (1.9 miles)
satisfy this consideration. or employee of the NMB is authorized north of the city. The reference
(iii) The disclosure must not be to accept service of a demand or coordinates are 31–35–00 NL and 98–
primarily in the commercial interest of subpoena on behalf of the Agency. 40–31 WL.
the requester. To determine whether (b) No current or former employee DATES: Comments must be filed on or
disclosure of the requested information may produce official records or before December 19, 2016, and reply
is primarily in the commercial interest information or provide testimony in comments on or before January 3, 2017.
of the requester, agencies will consider response to a demand or subpoena ADDRESSES: Federal Communications
the following criteria: unless authorized by the General Commission, 445 12th Street SW.,
Lhorne on DSK30JT082PROD with PROPOSALS

(A) The NMB will identify whether Counsel. Washington, DC 20554. In addition to
the requester has any commercial (c) The General Counsel may grant an filing comments with the FCC,
interest that would be furthered by the employee permission to testify or interested parties should serve the rule
requested disclosure. A commercial produce official records or information making petitioner and the counter
interest includes any commercial, trade, in response to a demand or subpoena. proponent as follows: John C. Trent,
or profit interest. Requesters must be In making this determination, the Esq., Putbrese, Hunsaker & Trust, 200 S.
given an opportunity to provide General Counsel shall consider whether: Church Street, Woodstock, VA 22664.

VerDate Sep<11>2014 15:04 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\14NOP1.SGM 14NOP1

79408 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: PART 73—RADIO BROADCAST www.fws.gov/refuges/oil-and-gas/
Adrienne Y. Denysyk, Media Bureau, SERVICES rulemaking.html and at http://
(202) 418–2700. www.regulations.gov under Docket No.
■ 1. The authority citation for part 73 FWS–HQ–NWRS–2012–0086.
SUPPLEMENTARY INFORMATION: This is a continues to read as follows:
synopsis of the Commission’s Notice of FOR FURTHER INFORMATION CONTACT:
Proposed Rule Making, MB Docket No. Authority: 47 U.S.C. 154, 303, 334, 336 Scott Covington, U.S. Fish and Wildlife
16–362, adopted October 27, 2016. The and 339. Service, Division of Natural Resources
FM Table of Allotment does not contain and Planning, MS: NWRS, 5275
§ 73.202 [Amended]
vacant Channel 224A at Mullins, Texas Leesburg Pike, Falls Church, Virginia
■ 2. In § 73.202(b) amend the table 22041; telephone 703–358–2427. If you
because the channel was removed from under Texas by adding Mullin, Channel
the FM Table because it was auctioned use a telecommunications device for the
277A to read as follows: deaf (TDD), call the Federal Information
in Auction 93, and considered an
authorized station. See 79 FR 64125, § 73.202 Table of Allotments. Relay Service (FIRS) at 800–877–8339.
published October 28, 2014. Channel Further contact information can be
* * * * *
224A at Mullins, Texas is no longer found on the Refuge’s Energy Program
(b) Table of FM Allotments.
considered an authorized station but Web site at http://www.fws.gov/refuges/
instead a vacant allotment because the Texas
oil-and-gas/rulemaking.html.
construction permit for Station DKFON SUPPLEMENTARY INFORMATION:
was cancelled on January 8, 2016. See Background
File No. BNPH–20120523ABP. The full * * * * *
text of this Commission decision is Mullin .................................... 277A With this document, we announce the
available for inspection and copying availability of the record of decision
* * * * * (ROD) for the final environmental
during normal business hours in the
FCC’s Reference Information Center at impact statement (EIS) analyzing
* * * * * revisions to the Service’s regulations
Portals II, CY–A257, 445 12th Street, [FR Doc. 2016–27221 Filed 11–10–16; 8:45 am]
SW., Washington, DC 20554. The full governing non-Federal oil and gas
BILLING CODE 6712–01–P
text is also available online at http:// development on lands of the National
apps.fcc.gov/ecfs/. This document does Wildlife Refuge System (NWRS). Non-
not contain proposed information Federal oil and gas development refers
DEPARTMENT OF THE INTERIOR to oil and gas activities associated with
collection requirements subject to the
Paperwork Reduction Act of 1995, any private, State, or tribally owned
Fish and Wildlife Service mineral interest where the surface estate
Public Law 104–13. In addition,
therefore, it does not contain any is administered by the Service as part of
50 CFR Parts 28 and 29 the Refuge System.
proposed information collection burden
‘‘for small business concerns with fewer [Docket No. FWS–HQ–NWRS–2012–0086; On February 24, 2014, we issued an
than 25 employees,’’ pursuant to the FXRS12610900000–167–FF09R24000] advance notice of proposed rulemaking
Small Business Paperwork Relief Act of RIN 1018–AX36
(79 FR 10080) to assist us in developing
2002, Public Law 107–198, see 44 U.S.C. a proposed rule and announced our
3506(c)(4). Management of Non-Federal Oil and intent to prepare an EIS; the comment
Gas Rights period for this document closed April
Provisions of the Regulatory
25, 2014. In response to requests we
Flexibility Act of l980 do not apply to AGENCY: Fish and Wildlife Service, received, on June 9, 2014, we reopened
this proceeding. Interior. the comment period until July 9, 2014
Members of the public should note ACTION: Proposed rule; availability of (79 FR 32903). During the two comment
that from the time a Notice of Proposed record of decision. periods, we received almost 80,000
Rule Making is issued until the matter responses, mostly form letters, of which
is no longer subject to Commission SUMMARY: We, the U.S. Fish and greater than 99 percent were in support
consideration or court review, all ex Wildlife Service (Service), make of revising the existing regulations. We
parte contacts are prohibited in available the final record of decision reviewed and considered substantive
Commission proceedings, such as this (ROD) on revising regulations governing comments as we drafted the proposed
one, which involve channel allotments. non-Federal oil and gas activities on rule. On December 11, 2015, we
See 47 CFR 1.1204(b) for rules National Wildlife Refuge System lands published a proposed rule and draft EIS
governing permissible ex parte contacts. in order to improve our ability to protect (80 FR 77200). In response to the
For information regarding proper refuge resources, visitors, and the proposed rule and draft EIS, we
filing procedures for comments, see 47 general public’s health and safety from received almost 40,000 responses,
CFR 1.415 and 1.420. potential impacts associated with non- mostly form letters. All comments we
Federal oil and gas operations located received were carefully considered and,
List of Subjects in 47 CFR Part 73 within refuges. The Service has selected where appropriate, incorporated into
Alternative B, implementation of the the final rule and EIS. On August 22,
Radio, Radio broadcasting.
final rule, Management of Non-Federal 2016, we announced the availability of
Federal Communications Commission. Oil and Gas Rights, which revises a final EIS, which evaluated the impacts
Lhorne on DSK30JT082PROD with PROPOSALS

Nazifa Sawez, current Service regulations, as its final of three alternatives (81 FR 56575):
Assistant Chief, Audio Division, Media decision. This decision is described and The FEIS evaluates the impacts of the
Bureau. analyzed in the final environmental following three alternatives:
For the reasons discussed in the impact statement and summarized in Alternative A, the no-action
preamble, the Federal Communications the ROD. alternative, retains the current level of
Commission proposes to amend 47 CFR ADDRESSES: Copies of the ROD are regulation and oversight of oil and gas
part 73 as follows: available for public review at http:// activities by the Service.

VerDate Sep<11>2014 15:04 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\14NOP1.SGM 14NOP1

Document Created: 2018-10-24 10:47:32
Document Modified: 2018-10-24 10:47:32

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		Proposed Rules
Action		Proposed rule.
Dates		Comments must be filed on or before December 19, 2016, and reply comments on or before January 3, 2017.
Contact		Adrienne Y. Denysyk, Media Bureau, (202) 418-2700.
FR Citation		81 FR 79407
CFR Associated		Radio and Radio Broadcasting