81_FR_84756 81 FR 84530 - Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding

81 FR 84530 - Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84530-84531
FR Document2016-28199

Petitions for Reconsideration and Clarification (Petitions) have been filed in the Commission's rulemaking proceeding by David Springe and David C. Bergmann, on behalf of NASUCA, and Kathy D. Smith, on behalf of NTIA.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016) 
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Proposed Rules]
[Pages 84530-84531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28199]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 51 and 63

[PS Docket No. 14-74, GN Docket No. 13-5, WC Docket Nos. 05-25 and 13-
3, RM-11358 and RM-10593; Report No. 3055]


Petitions for Reconsideration and Clarification of Action in 
Rulemaking Proceeding

AGENCY: Federal Communications Commission.

ACTION: Petitions for reconsideration and clarification.

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

SUMMARY: Petitions for Reconsideration and Clarification (Petitions) 
have been filed in the Commission's rulemaking proceeding by David 
Springe and David C. Bergmann, on behalf of NASUCA, and Kathy D. Smith, 
on behalf of NTIA.

DATES: Oppositions to the Petition must be filed on or before December 
8, 2016.

[[Page 84531]]

Replies to an opposition must be filed on or before December 19, 2016.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Alex Johns, Wireline Competition 
Bureau, Competition Policy Division, (202) 418-1167, or send an email 
to Alexis.Johns@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, Report No. 3055, released November 9, 2016. The full text of 
the Petitions is available for viewing and copying at the FCC Reference 
Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 
20554 or may be accessed online via the Commission's Electronic Comment 
Filing System at http://apps.fcc.gov/ecfs/. The Commission will not 
send a copy of this document pursuant to the Congressional Review Act, 
5 U.S.C. 801(a)(1)(A), because this document does not have an impact on 
any rules of particular applicability.
    Subject: Technology Transitions; USTelecom Petition for Declaratory 
Ruling that Incumbent Local Exchange Carriers are Non-Dominant in the 
Provision of Switched Access Services; Policies and Rules Governing 
Retirement of Copper Loops by Incumbent Local Exchange Carriers, FCC 
16-90, published at 81 FR 62632, September 12, 2016, in WC Docket No. 
13-5; RM-11358. This document is being published pursuant to 47 CFR 
1.429(e). See also 47 CFR 1.4(b)(1) and 1.429(f), (g).
    Number of Petitions Filed: 2.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2016-28199 Filed 11-22-16; 8:45 am]
 BILLING CODE 6712-01-P

84530 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules filing of the motion. Replies to the observance of New Year’s Day, PART 351—PROCEEDINGS responses must be filed within four days Martin Luther King, Jr.’s Birthday, of the filing of the response. Presidents’ Day, Memorial Day, ■ 4. The authority citation for part 351 (g) Participant list. The Copyright Independence Day, Labor Day, continues to read as follows: Royalty Judges will compile and Columbus Day, Veterans’ Day, Authority: 17 U.S.C. 803. distribute to those parties who have Thanksgiving Day, Christmas Day, and ■ 5. In § 351.1 revise paragraph (b)(4) to filed a valid petition to participate the any other day declared a federal holiday read as follows: official participant list for each by the President or the Congress. proceeding. For all paper filings, a party (5) Except as otherwise described in § 351.1 Initiation of proceedings. must deliver a copy of the document to this Chapter or in an order by the * * * * * counsel for all other parties identified in Copyright Royalty Judges, the Copyright (b) * * * the participant list, or, if the party is Royalty Board will consider documents (4) Filing fee. A petition to participate unrepresented by counsel, to the party to be timely filed only if: must be accompanied with a filing fee itself. Parties must notify the Copyright (i) They are filed electronically of $150 or the petition will be rejected. Royalty Judges and all parties of any through eCRB and time-stamped by For petitions filed electronically change in the name or address at which 11:59:59 p.m. Eastern time on the due through eCRB, payment must be made they will accept delivery and must date; (ii) They are sent by U.S. mail, are to the Copyright Royalty Board through update their eCRB profiles accordingly. the payment portal designated on eCRB. (h) Delivery method and proof of addressed in accordance with paragraph 301.2(a), have sufficient postage, and For petitions filed by other means, delivery—(1) Electronic filings through payment must be made to the Copyright eCRB. Electronic filing of any document bear a USPS postmark on or before the due date; Royalty Board by check or by money through eCRB operates to effect delivery order. If a check is subsequently of the document to counsel or pro se (iii) They are hand-delivered by private party to the Copyright Office dishonored, the petition will be participants who have obtained eCRB rejected. If the petitioner believes that passwords, and the automatic notice of Public Information Office in accordance with § 301.2(b) of this chapter and the contested amount of that petitioner’s filing sent by eCRB to the filer claim will be $1,000 or less, the constitutes proof of delivery. Counsel or received by 5:00 p.m. Eastern time on the due date; or petitioner must so state in the petition parties who have not yet obtained eCRB to participate and should not include (iv) They are hand-delivered by passwords must deliver and receive payment of the $150 filing fee. If it commercial courier to the Congressional delivery as provided in paragraph (h)(2). becomes apparent during the course of Courier Acceptance Site in accordance Parties making electronic filings are the proceedings that the contested with paragraph 301.2(c) and received by responsible for assuring delivery of all amount of the claim is more than 4:00 p.m. Eastern time on the due date. filed documents to parties that do not (6) Any document sent by mail and $1,000, the Copyright Royalty Judges use the eCRB system. dated only with a business postal meter will require payment of the filing fee at (2) Paper filings. During the course of that time. will be considered filed on the date it a proceeding, each party must deliver is actually received by the Library of Dated: November 16, 2016. all documents, including motions, Congress. responses and replies that they have not Suzanne M. Barnett, (b) Extensions. A party seeking an filed through eCRB to the other parties extension must do so by written motion. Chief Copyright Royalty Judge. or their counsel by means no slower Prior to filing such a motion, a party [FR Doc. 2016–27932 Filed 11–22–16; 8:45 am] than overnight express mail on the same must attempt to obtain consent from the BILLING CODE 1410–72–P day they file the pleading, or by such other parties to the proceeding. An other means as the parties may agree in extension motion must state: writing among themselves. Parties must (1) The date on which the action or include a proof of delivery with any FEDERAL COMMUNICATIONS submission is due; COMMISSION document delivered in accordance with (2) The length of the extension sought; this paragraph. (3) The date on which the action or 47 CFR Parts 51 and 63 submission would be due if the § 350.7 Time. extension were allowed; [PS Docket No. 14–74, GN Docket No. 13– (a) Computation. To compute the due (4) The reason or reasons why there 5, WC Docket Nos. 05–25 and 13–3, RM– date for filing and delivering any is good cause for the delay; 11358 and RM–10593; Report No. 3055] document or performing any other act (5) The justification for the amount of directed by an order of the Copyright additional time being sought; and Petitions for Reconsideration and Royalty Judges or the rules of the (6) The attempts that have been made Clarification of Action in Rulemaking Copyright Royalty Board: to obtain consent from the other parties Proceeding (1) Exclude the day of the act, event, to the proceeding and the position of the or default that begins the period. other parties on the motion. AGENCY: Federal Communications (2) Exclude intermediate Saturdays, Commission. Sundays, and legal holidays when the § 350.8 Construction and waiver. ACTION: Petitions for reconsideration period is less than 11 days, unless The regulations of the Copyright and clarification. computation of the due date is stated in Royalty Judges are intended to provide mstockstill on DSK3G9T082PROD with PROPOSALS calendar days. efficient and just administrative SUMMARY: Petitions for Reconsideration (3) Include the last day of the period, proceedings and will be construed to and Clarification (Petitions) have been unless it is a Saturday, Sunday, legal advance these purposes. For purposes of filed in the Commission’s rulemaking holiday, or a day on which the weather an individual proceeding, the proceeding by David Springe and David or other conditions render the Copyright provisions of this subchapter may be C. Bergmann, on behalf of NASUCA, Royalty Board’s office inaccessible. suspended or waived, in whole or in and Kathy D. Smith, on behalf of NTIA. (4) As used in this rule, ‘‘legal part, upon a showing of good cause, to DATES: Oppositions to the Petition must holiday’’ means the date designated for the extent allowable by law. be filed on or before December 8, 2016. VerDate Sep<11>2014 16:51 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\23NOP1.SGM 23NOP1

Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules 84531 Replies to an opposition must be filed incorporate the changes brought about PART 701—AMTRAK FREEDOM OF on or before December 19, 2016. by the FOIA Improvement Act of 2016, INFORMATION ACT PROGRAM ADDRESSES: Federal Communications which requires all agencies to review Commission, 445 12th Street SW., and update their FOIA regulations in Sec. Washington, DC 20554. accordance with its provisions. Amtrak 701.1 General provisions. has also taken this opportunity to 701.2 Definitions. FOR FURTHER INFORMATION CONTACT: Alex update, clarify, and streamline the 701.3 Policy. Johns, Wireline Competition Bureau, 701.4 Amtrak public information. Competition Policy Division, (202) 418– language of its regulations in order to make the FOIA process easier for the 701.5 Requirements for making requests. 1167, or send an email to Alexis.Johns@ 701.6 Release and processing procedures. fcc.gov. public to navigate. 701.7 Timing of responses to requests. DATES: Comments on the rulemaking 701.8 Responses to requests. SUPPLEMENTARY INFORMATION: This is a must be submitted on or before 701.9 Business information. summary of the Commission’s December 23, 2016. Comments received 701.10 Appeals. document, Report No. 3055, released 701.11 Fees. by mail will be considered timely if they November 9, 2016. The full text of the 701.12 Other rights and services. are postmarked on or before that date. Petitions is available for viewing and copying at the FCC Reference ADDRESSES: You may submit comments Authority: 5 U.S.C. 552; 49 U.S.C. Information Center, 445 12th Street SW., on the rulemaking by either of the 24301(e). Room CY–A257, Washington, DC 20554 methods listed below. 1. Email: foiarequests@amtrak.com. § 701.1. General provisions. or may be accessed online via the Please include ‘‘Comments on FOIA This part contains the rules that the Commission’s Electronic Comment Rule’’ in the subject line. National Railroad Passenger Corporation Filing System at http://apps.fcc.gov/ 2. U.S. mail, courier, or hand delivery: ecfs/. The Commission will not send a (‘‘Amtrak’’) follows in processing The Freedom of Information Office; requests for records under the Freedom copy of this document pursuant to the National Railroad Passenger Congressional Review Act, 5 U.S.C. of Information Act (FOIA), Title 5 of the Corporation; 60 Massachusetts Avenue, United States Code, section 552. 801(a)(1)(A), because this document NE.; Washington, DC 20002. To ensure does not have an impact on any rules of Information routinely provided to the proper handling, please write public (i.e., train timetables, press particular applicability. ‘‘Comments on FOIA Rule’’ on the Subject: Technology Transitions; releases) may be obtained at Amtrak’s correspondence. Web site www.amtrak.com without USTelecom Petition for Declaratory Ruling that Incumbent Local Exchange FOR FURTHER INFORMATION CONTACT: following Amtrak’s FOIA procedures. Carriers are Non-Dominant in the Sharron H. Hawkins, Lead FOIA As a matter of policy, Amtrak will only Provision of Switched Access Services; Specialist, 202–906–3741 or withhold information under the FOIA if Policies and Rules Governing foiarequests@amtrak.com. Amtrak reasonably foresees that Retirement of Copper Loops by SUPPLEMENTARY INFORMATION: Amtrak’s disclosure would harm an interest Incumbent Local Exchange Carriers, FOIA regulations were last revised on protected by a FOIA exemption or when FCC 16–90, published at 81 FR 62632, February 13, 1998. Since that time, there disclosure is prohibited by law. September 12, 2016, in WC Docket No. have been several major changes to the § 701.2. Definitions. 13–5; RM–11358. This document is FOIA, including the FOIA Improvement Unless the context requires otherwise being published pursuant to 47 CFR Act of 2016 (Pub. L. 114–185) signed in this part, masculine pronouns 1.429(e). See also 47 CFR 1.4(b)(1) and into law on June 30, 2016. The Act include the feminine gender and 1.429(f), (g). contains several substantive and ‘‘includes’’ means ‘‘includes but is not Number of Petitions Filed: 2. procedural amendments to the FOIA, limited to.’’ which include requirements that (a) Amtrak or Corporation means the Federal Communications Commission. agencies establish a minimum of 90 National Railroad Passenger Marlene H. Dortch, days for requesters to file an Corporation. Secretary. administrative appeal and that they [FR Doc. 2016–28199 Filed 11–22–16; 8:45 am] (b) Appeal means a request submitted provide dispute resolution services at to the President of Amtrak or designee BILLING CODE 6712–01–P various times throughout the FOIA for review of an adverse initial process. determination. Based on the amendments to the (c) Business days means working NATIONAL RAILROAD PASSENGER FOIA and the practical experience of the days; Saturdays, Sundays, and legal CORPORATION FOIA staff, Amtrak has made several public holidays are excluded in changes to its regulations and is computing response time for processing 49 CFR Part 701 republishing them in their entirety. FOIA requests. These revisions incorporate the (d) Disclose or disclosure means Revision of the Freedom of Information necessary changes under the FOIA Act Regulations of the National making records available for Improvement Act of 2016 and update, examination or copying, or furnishing a Railroad Passenger Corporation clarify, and streamline the language of copy of nonexempt responsive records. AGENCY: National Railroad Passenger the regulations in order to make the (e) Electronic data means records and Corporation. FOIA process easier for the public to information (including email) that are mstockstill on DSK3G9T082PROD with PROPOSALS ACTION: Proposed rule. navigate. created, stored, and retrievable by List of Subjects in 49 CFR Part 701 electronic means. SUMMARY: This notice sets forth (f) Exempt information means proposed revisions of the Freedom of Freedom of Information. information that is exempt from Information Act (FOIA) regulations of For the reasons stated in the disclosure as permitted by 5 U.S.C. 552. the National Railroad Passenger preamble, Amtrak proposes to amend 49 (g) Final determination means a Corporation (‘‘Amtrak’’). The CFR part 701 as follows: decision by the President of Amtrak or regulations are being revised in part to ■ 1. Revise Part 701 to read as follows: designee concerning a request for VerDate Sep<11>2014 16:51 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\23NOP1.SGM 23NOP1


Document Created: 2016-11-23 05:29:57
Document Modified: 2016-11-23 05:29:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionPetitions for reconsideration and clarification.
DatesOppositions to the Petition must be filed on or before December 8, 2016. Replies to an opposition must be filed on or before December 19, 2016.
ContactAlex Johns, Wireline Competition Bureau, Competition Policy Division, (202) 418-1167, or send an email to [email protected]
FR Citation81 FR 84530 
CFR Citation47 CFR 51
47 CFR 63
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