82 FR 57875 - Freedom of Information Act Program
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Federal Register Volume 82, Issue 235 (December 8, 2017)
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 57875-57876 | |
| FR Document | 2017-26438 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Rules and Regulations] [Pages 57875-57876] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26438] ======================================================================= ----------------------------------------------------------------------- CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 40 CFR Part 1601 [Agency Docket Number CSB 17-1] Freedom of Information Act Program AGENCY: Chemical Safety and Hazard Investigation Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Chemical Safety and Hazard Investigation Board (CSB) published an interim final Freedom of Information Act (FOIA) rule in the Federal Register on September 29, 2017. This final rule confirms that the interim final rule is adopted as final without change. DATES: This rule is effective December 8, 2017. FOR FURTHER INFORMATION CONTACT: Kara Wenzel, Acting General Counsel, 202-261-7600, or [email protected]. SUPPLEMENTARY INFORMATION: Executive Summary The CSB published an interim final FOIA rule in the Federal Register on September 29, 2017, 82 FR 45502. As an interim final rule, the rule became effective immediately upon publication in the Federal Register. Nonetheless, the CSB welcomed public comments from interested persons regarding the interim final rule. The due date for comments ended on October 30, 2017. The CSB did not receive any comments on the interim final rule. The CSB has determined that no further revisions are required to the interim final rule. Therefore, the CSB now issues this final rule to confirm that the interim final rule published previously shall be the final CSB FOIA rule. The interim final rule published September 29, 2017, 82 FR 45502, will be codified at 40 CFR part 1601 at the next regular update to the Code of Federal Regulations. Regulatory Procedures Administrative Procedure Act (5 U.S.C. Ch. 5) The CSB's previous implementation of this rule as an interim final rule, with provision for post-promulgation public comment, was based on section 553(b) of the Administrative Procedure Act. 5 U.S.C. 553(b). Under section 553(b), an agency may issue a rule without notice of proposed rulemaking and the pre-promulgation opportunity for public comment, with regard to ``interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.'' The CSB determined that many of the revisions were to interpretive rules issued by the CSB. Moreover, the CSB determined that the remaining revisions were rules of agency procedure or practice, as they did not change the substantive standards the agency applies in implementing the FOIA. The CSB also concluded that a pre-publication public comment period was unnecessary. The revisions in 40 CFR part 1601 merely implemented statutory changes, aligned the CSB's regulations with controlling judicial decisions, and clarified agency procedures. Unfunded Mandates Reform Act (2 U.S.C. Ch. 25) This rule is not subject to the Unfunded Mandates Reform Act because it does not contain a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000.00 or more in any one year. Nor will it have a significant or unique effect on small governments. Regulatory Flexibility Act (5 U.S.C. Ch. 6) This rule is not subject to the Regulatory Flexibility Act. The CSB has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The rule implements the procedures for processing FOIA requests within the CSB. Under the FOIA, agencies may recover only the direct costs of searching for, reviewing, and duplicating the records processed for the requesters. Thus, fees accessed by CSB will be nominal. Further, the ``small entities'' that make FOIA requests, as compared with individual and other requesters, are relatively few in number. Paperwork Reduction Act (44 U.S.C. Ch. 35) This rule does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. The Paperwork Reduction Act imposes certain requirements on Federal agencies in connection with the conducting or sponsoring of any collection of information. This rule does not contain any new collection of information requirement within the meaning of the Act. Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. Ch. 6) This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (as amended), 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000.00 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. National Environmental Policy Act of 1969 (5 U.S.C. 804) This rule will not have a significant effect on the human environment. Accordingly, this rule is categorically excluded from environmental analysis under 43 CFR 46.210(i). E-Government Act of 2002 (44 U.S.C. 3504) Section 206 of the E-Government Act requires agencies, to the extent practicable, to ensure that all information about that agency required to be published in the Federal Register is also published on a publicly accessible Web site. All information about the CSB required to be published in the Federal Register may be accessed at http://www.csb.gov/. The E-Government Act also requires, to the extent practicable, that agencies ensure that a publicly accessible Federal Government Web site contains electronic dockets for rulemakings under the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this Act, an electronic docket consists of all submissions under section 553(c) of title 5, United States Code; and all other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically. The Web site http://www.csb.gov/ will contain an electronic dockets for this rulemaking. Plain Writing Act of 2010 (5 U.S.C. 301) Under this Act, the term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. To ensure that this rulemaking was written in plain and clear language so that it can be used and understood by the public, the CSB modeled the [[Page 57876]] language of this rule on the Federal Plain Language Guidelines. List of Subjects in 40 CFR Part 1601 Administrative practice and procedure, Archives and records, Confidential business information, Freedom of information, Privacy. Accordingly, the interim rule amending 40 CFR part 1601, which was published at 82 FR 45502 on September 29, 2017, is adopted as final without change. Ray Porfiri, Deputy General Counsel, Chemical Safety and Hazard Investigation Board. [FR Doc. 2017-26438 Filed 12-7-17; 8:45 am] BILLING CODE 6350-01-P
![Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations 57875
Dated: December 5, 2017. agency may issue a rule without notice information requirement within the
E. Scott Pruitt, of proposed rulemaking and the pre- meaning of the Act.
Administrator. promulgation opportunity for public
Small Business Regulatory Enforcement
[FR Doc. 2017–26655 Filed 12–7–17; 8:45 am] comment, with regard to ‘‘interpretative
Fairness Act of 1996 (5 U.S.C. Ch. 6)
BILLING CODE 6560–50–P
rules, general statements of policy, or
rules of agency organization, procedure, This rule is not a major rule as
or practice.’’ The CSB determined that defined by section 251 of the Small
many of the revisions were to Business Regulatory Enforcement
CHEMICAL SAFETY AND HAZARD
interpretive rules issued by the CSB. Fairness Act of 1996 (as amended), 5
INVESTIGATION BOARD
Moreover, the CSB determined that the U.S.C. 804. This rule will not result in
40 CFR Part 1601 remaining revisions were rules of an annual effect on the economy of
agency procedure or practice, as they $100,000,000.00 or more; a major
[Agency Docket Number CSB 17–1] did not change the substantive increase in costs or prices; or significant
standards the agency applies in adverse effects on competition,
Freedom of Information Act Program implementing the FOIA. The CSB also employment, investment, productivity,
AGENCY: Chemical Safety and Hazard concluded that a pre-publication public innovation, or on the ability of United
Investigation Board. comment period was unnecessary. The States-based enterprises to compete
ACTION: Final rule.
revisions in 40 CFR part 1601 merely with foreign-based enterprises in
implemented statutory changes, aligned domestic and export markets.
SUMMARY: The Chemical Safety and the CSB’s regulations with controlling
National Environmental Policy Act of
Hazard Investigation Board (CSB) judicial decisions, and clarified agency
1969 (5 U.S.C. 804)
published an interim final Freedom of procedures.
Information Act (FOIA) rule in the Unfunded Mandates Reform Act (2 This rule will not have a significant
Federal Register on September 29, 2017. U.S.C. Ch. 25) effect on the human environment.
This final rule confirms that the interim Accordingly, this rule is categorically
final rule is adopted as final without This rule is not subject to the excluded from environmental analysis
change. Unfunded Mandates Reform Act under 43 CFR 46.210(i).
DATES: This rule is effective December 8, because it does not contain a Federal
E-Government Act of 2002 (44 U.S.C.
2017. mandate that may result in the
3504)
expenditure by state, local, and tribal
FOR FURTHER INFORMATION CONTACT: Kara governments, in the aggregate, or by the Section 206 of the E-Government Act
Wenzel, Acting General Counsel, 202– private sector, of $100,000,000.00 or requires agencies, to the extent
261–7600, or kara.wenzel@csb.gov. more in any one year. Nor will it have practicable, to ensure that all
SUPPLEMENTARY INFORMATION: a significant or unique effect on small information about that agency required
Executive Summary governments. to be published in the Federal Register
Regulatory Flexibility Act (5 U.S.C. is also published on a publicly
The CSB published an interim final accessible Web site. All information
FOIA rule in the Federal Register on Ch. 6)
about the CSB required to be published
September 29, 2017, 82 FR 45502. As an This rule is not subject to the in the Federal Register may be accessed
interim final rule, the rule became Regulatory Flexibility Act. The CSB has at http://www.csb.gov/. The E-
effective immediately upon publication reviewed this regulation and by Government Act also requires, to the
in the Federal Register. Nonetheless, approving it certifies that this regulation extent practicable, that agencies ensure
the CSB welcomed public comments will not have a significant economic that a publicly accessible Federal
from interested persons regarding the impact on a substantial number of small Government Web site contains
interim final rule. The due date for entities. The rule implements the electronic dockets for rulemakings
comments ended on October 30, 2017. procedures for processing FOIA requests under the Administrative Procedure Act
The CSB did not receive any comments within the CSB. Under the FOIA, of 1946 (5 U.S.C. 551 et seq.). Under this
on the interim final rule. The CSB has agencies may recover only the direct Act, an electronic docket consists of all
determined that no further revisions are costs of searching for, reviewing, and submissions under section 553(c) of title
required to the interim final rule. duplicating the records processed for 5, United States Code; and all other
Therefore, the CSB now issues this final the requesters. Thus, fees accessed by materials that by agency rule or practice
rule to confirm that the interim final CSB will be nominal. Further, the are included in the rulemaking docket
rule published previously shall be the ‘‘small entities’’ that make FOIA under section 553(c) of title 5, United
final CSB FOIA rule. The interim final requests, as compared with individual States Code, whether or not submitted
rule published September 29, 2017, 82 and other requesters, are relatively few electronically. The Web site http://
FR 45502, will be codified at 40 CFR in number. www.csb.gov/ will contain an electronic
part 1601 at the next regular update to dockets for this rulemaking.
the Code of Federal Regulations. Paperwork Reduction Act (44 U.S.C.
Ch. 35) Plain Writing Act of 2010 (5 U.S.C. 301)
Regulatory Procedures
This rule does not impose reporting or Under this Act, the term ‘‘plain
Administrative Procedure Act (5 U.S.C. recordkeeping requirements under the writing’’ means writing that is clear,
sradovich on DSK3GMQ082PROD with RULES
Ch. 5) Paperwork Reduction Act of 1995. The concise, well-organized, and follows
The CSB’s previous implementation Paperwork Reduction Act imposes other best practices appropriate to the
of this rule as an interim final rule, with certain requirements on Federal subject or field and intended audience.
provision for post-promulgation public agencies in connection with the To ensure that this rulemaking was
comment, was based on section 553(b) conducting or sponsoring of any written in plain and clear language so
of the Administrative Procedure Act. 5 collection of information. This rule does that it can be used and understood by
U.S.C. 553(b). Under section 553(b), an not contain any new collection of the public, the CSB modeled the
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![57876 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations
language of this rule on the Federal Reference Center, Federal rule dissuades broadcasters from
Plain Language Guidelines. Communications Commission, 445 12th launching a station, even if the
Street SW., Room CY–A257, broadcaster has already obtained a
List of Subjects in 40 CFR Part 1601
Washington, DC 20554. This document construction permit for the station.
Administrative practice and will also be available via ECFS at http:// Eliminating the rule thus may lead to
procedure, Archives and records, fjallfoss.fcc.gov/ecfs/. Documents will increased broadcast service in those
Confidential business information, be available electronically in ASCII, areas. In addition, as commenters
Freedom of information, Privacy. Microsoft Word, and/or Adobe Acrobat. suggest, eliminating the main studio
Accordingly, the interim rule Copies of the materials can be obtained rule will provide broadcasters with the
amending 40 CFR part 1601, which was from the FCC’s Reference Information same flexibility as Internet radio
published at 82 FR 45502 on September Center at (202) 418–0270. Alternative stations and cable and satellite
29, 2017, is adopted as final without formats are available for people with providers, none of which are subject to
change. disabilities (Braille, large print, a main studio requirement. While we
electronic files, audio format), by recognize the importance of local
Ray Porfiri, sending an email to fcc504@fcc.gov or broadcast television and radio stations
Deputy General Counsel, Chemical Safety and calling the Commission’s Consumer and as a source of news and information, we
Hazard Investigation Board. Governmental Affairs Bureau at (202) agree with NAB that the record does not
[FR Doc. 2017–26438 Filed 12–7–17; 8:45 am] 418–0530 (voice), (202) 418–0432 provide any ‘‘evidence that the physical
BILLING CODE 6350–01–P (TTY). location of a station’s main studio is the
reason local broadcasters are able to
Synopsis
deliver content that meets the needs and
FEDERAL COMMUNICATIONS 1. The Commission in this R&O interest[s] of their communities, or that
COMMISSION adopts the proposal in the Notice of the location and staffing of the studio
Proposed Rulemaking (NPRM), 82 FR has any relationship to the ability of a
47 CFR Parts 1 and 73 25590 (June 2, 2017), to eliminate the station to serve its local audience.’’
Commission rule requiring AM, FM, 3. We affirm the tentative conclusion
[MB Docket No. 17–106; FCC 17–137]
and television broadcast stations to in the NPRM that technological
Elimination of Main Studio Rule maintain a local main studio.1 We also innovations have rendered local studios
adopt the proposal to eliminate the unnecessary as a means for viewers and
AGENCY: Federal Communications associated staffing and program listeners to communicate with or access
Commission. origination capability requirements that their local stations and to carry out the
ACTION: Final rule. apply to main studios. To ensure that other traditional functions that they
community members retain the ability have served. The record shows that it is
SUMMARY: In this document, the Federal to communicate with and obtain exceedingly rare for a member of the
Communications Commission (FCC or information regarding their local public to visit a station’s main studio,
Commission) eliminates the rule that stations, we retain the existing with community members
requires each AM, FM, and television requirement that broadcasters maintain overwhelmingly choosing instead to
broadcast station to maintain a main a local or toll-free telephone number. communicate with stations through
studio located in or near its community We also require stations to maintain any more efficient means such as email,
of license. The FCC also eliminates portion of their public file that is not station Web sites, social media, mail, or
existing requirements associated with part of the online public file at a telephone.3 This has been the case even
the rule, including the requirement that publicly accessible location within the more so since the Commission created
the main studio have full-time station’s community of license. Finally, the online public inspection file. Once
management and staff present during we make conforming edits to other broadcasters fully transition to the
normal business hours, and that it have Commission rules that are necessitated online public file in early 2018,
program origination capability. by the elimination of the main studio requiring stations to maintain a fully
DATES: Effective January 8, 2018, except rule. staffed main studio for purposes of
for §§ 73.3526(c)(1) and 73.3527(c)(1), 2. We agree with the vast majority of providing access to the file will no
which contain new or modified commenters 2 in this proceeding that the longer be practical or justifiable. It is
information collection requirements, main studio rule should be eliminated. also relevant that community members
and which shall become effective after We are persuaded that eliminating the already participate in station shows
the Commission publishes a document rule will result in significant cost from outside the main studio, for
in the Federal Register announcing savings for broadcasters and other example by appearing via telephone or
OMB approval and the relevant effective public interest benefits. For example, Skype. As some commenters state, in-
date. the record shows that in some small person visits from community members
FOR FURTHER INFORMATION CONTACT: For towns and rural areas the cost of are now ‘‘unnecessary, if not obsolete,’’
additional information on this complying with the current main studio as a result of the ‘‘near ubiquity of
proceeding, contact Diana Sokolow, remote communication.’’ 4
1 Because we are eliminating the main studio
Diana.Sokolow@fcc.gov, of the Policy
rule, we need not address one commenter’s 3 Although broadcast licensees are obligated to
Division, Media Bureau, (202) 418– argument that the current main studio rule is serve ‘‘the public interest, convenience, and
2120. unenforceable under the Administrative Procedure necessity,’’ we find that ‘‘convenience’’ need not
sradovich on DSK3GMQ082PROD with RULES
Act. We also decline to address herein arguments include reasonable physical access to the station’s
SUPPLEMENTARY INFORMATION: This is a that are outside the scope of this proceeding, which facilities in the community of license, contrary to
summary of the Commission’s Report is limited to elimination of the main studio rule and the suggestion of one commenter, given how rarely
and Order (R&O), FCC 17–137, adopted the associated staffing and program origination community members today opt to access such
and released on October 24, 2017. The capability requirements. facilities.
2 Contrary to the suggestion of Common 4 In addition, some commenters point to the
full text of this document is available for Frequency, the ample record in this proceeding legitimate public safety concerns that are associated
public inspection and copying during provides the Commission with sufficient with allowing uninvited members of the public to
regular business hours in the FCC information to proceed to this R&O. visit a station’s main studio.
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Document Created: 2017-12-08 01:43:22
Document Modified: 2017-12-08 01:43:22
| 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. | |
| Dates | This rule is effective December 8, 2017. | |
| Contact | Kara Wenzel, Acting General Counsel, 202-261-7600, or [email protected] | |
| FR Citation | 82 FR 57875 | |
| CFR Associated | Administrative Practice and Procedure; Archives and Records; Confidential Business Information; Freedom of Information and Privacy |
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