83 FR 12313 - Elimination of Obligation To File Broadcast Mid-Term Report (Form 397)
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 55 (March 21, 2018)
Federal Register Volume 83, Issue 55 (March 21, 2018)
| Page Range | 12313-12318 | |
| FR Document | 2018-05726 |
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)] [Proposed Rules] [Pages 12313-12318] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05726] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 18-23; FCC 18-20] Elimination of Obligation To File Broadcast Mid-Term Report (Form 397) AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (FCC or Commission) proposes to eliminate the rules requiring certain broadcast television and radio stations to file Form 397, the EEO Broadcast Mid-Term Report. This proposal will continue the Commission's efforts to modernize regulations and reduce unnecessary requirements that no longer serve the public interest. DATES: Comments are due on or before May 21, 2018; reply comments are due on or before June 19, 2018. ADDRESSES: You may submit comments, identified by MB Docket No. 18-23, by any of the following methods:Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. Mail: Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418- 0530 or TTY: (202) 418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For additional information, contact Jonathan Mark, Jonathan.Mark@fcc.gov, of the [[Page 12314]] Media Bureau, Policy Division, (202) 418-3634. Direct press inquiries to Janice Wise at (202) 418-8165. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), FCC 18-20, adopted and released on February 22, 2018. The full text of this document is available electronically via the FCC's Electronic Document Management System (EDOCS) website at http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic Comment Filing System (ECFS) website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also available for public inspection and copying during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. The complete text may be purchased from the Commission's copy contractor, 445 12th Street SW, Room CY-B402, Washington, DC 20554. 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). Synopsis I. Notice of Proposed Rulemaking 1. In the NPRM, we propose to eliminate the requirement in Sec. 73.2080(f)(2) of the Commission's rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). In response to a Public Notice launching the Commission's Modernization of Media Regulation Initiative, a number of parties have asked the Commission to consider eliminating this reporting obligation because it is unnecessary and unduly burdensome. By proposing to eliminate Form 397, we continue our efforts to modernize our regulations and reduce unnecessary requirements that no longer serve the public interest. 2. Section 334(b) of the Communications Act of 1934, as amended (the Act), directed the Commission to revise its regulations to require a mid-term review of broadcast stations' employment practices. Although section 334(b) only applies to TV stations, the Commission currently conducts mid-term reviews for both broadcast TV and radio stations. Pursuant to this direction, and as specified in Sec. 73.2080(f)(2), Commission staff reviews the equal employment opportunity (EEO) practices of all broadcast television stations in station employment units \1\ with five or more full-time employees, and all radio stations in employment units with eleven or more full-time employees, around the midpoint of broadcasters' eight-year license terms. After completing a mid-term review, staff informs licensees of any necessary improvements in recruitment practices to ensure that they are in compliance with the Commission's EEO rules. --------------------------------------------------------------------------- \1\ A station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee. --------------------------------------------------------------------------- 3. To facilitate mid-term reviews, the Commission adopted the current Form 397 in 2002. Stations subject to mid-term reviews must file Form 397 at least four months prior to the four-year anniversary of the station's most recent license expiration date. Form 397 consists of three sections and requires stations to provide information that, with one exception, also is available in stations' public inspection files. First, stations must certify whether they have the requisite number of full-time employees to be subject to a mid-term review. Stations that do not have the requisite number of full-time employees are not required to file Form 397, but may do so if they choose. Second, stations must identify, by name and title, ``a particular official with overall responsibility for equal employment opportunity at the station.'' This question is also asked in Form 396, Broadcast Equal Employment Opportunity Program Report, which must be included in a station's public file. 4. Third, all stations subject to mid-term reviews must attach to Form 397 copies of their two most recent annual EEO public file reports. Separately, pursuant to Sec. 73.2080(c)(6) of the Commission's rules, each broadcast station must place its EEO public file report both in its public inspection file and on its website, if it has one, on an annual basis.\2\ The report must be retained in the public file until the station's next license renewal is granted. --------------------------------------------------------------------------- \2\ We note that under 47 CFR 73.2080(d), stations in small employment units with fewer than five employees are exempt from this requirement. --------------------------------------------------------------------------- 5. We tentatively conclude that eliminating Form 397 will advance the Commission's goal of reducing unnecessary regulatory burdens without undermining our statutorily-required mid-term reviews of broadcaster compliance with the EEO rules. As mentioned above, nearly all the information in Form 397, such as the name of a station official with responsibility for compliance with the Commission's EEO rules and copies of a station's annual public file reports, is also available in stations' public inspection files. The only piece of information required by Form 397 that is not, to date, available in the public inspection file is whether the station has enough full-time employees to trigger a mid-term review. As discussed below, however, we do not believe that the filing of the Form 397 is the only means available by which to obtain this information. We therefore agree with NAB and other commenters that, in light of the nearly-complete transition to online public inspection files, Form 397 is no longer needed to facilitate implementation of the Commission's mid-term review obligations. We therefore tentatively agree with commenters who assert that requiring broadcasters to file Form 397 has become ``redundant and unnecessarily burdensome.'' 6. We also tentatively conclude that eliminating Form 397 is consistent with section 334 of the Act. As an initial matter, because section 334 applies expressly to ``television broadcast station licensees,'' it does not implicate Commission regulation of radio licensees. Specifically, Section 334(a) only limits changes to certain Commission EEO regulations governing television; it prohibits revisions to EEO rules ``in effect on September 1, 1992 (47 CFR 73.2080) as such regulations apply to television broadcast station licensees and permittees'' and to the forms ``used by such licensees and permittees to report pertinent employment data to the Commission.'' The legislative history identifies those forms as FCC Forms 395-B and 396. Indeed, as noted above, the Commission originally adopted Form 397 in 2000, eight years after Congress enacted section 334 of the Act. Accordingly, based on the statutory language and legislative history, we tentatively conclude that Form 397 is not subject to the statutory limitation on revisions found in section 334(a) of the Act. 7. As discussed above, Section 334(b) directed the Commission to revise its regulations to ``require a midterm review of television broadcast station licensees' employment practices'' and to ``inform such licensees of necessary improvements in recruitment practices identified as a consequence of such review.'' However, this provision does not require the Commission to adopt Form 397 and does not prohibit the [[Page 12315]] Commission from revising or eliminating it. Because, among other reasons, the Commission will continue to conduct mid-term reviews of broadcast licensees' employment practices even if we eliminate Form 397, we tentatively conclude that section 334(b) does not bar the Commission from modifying or eliminating the Form. We also tentatively conclude that section 334(c) does not preclude the Commission from eliminating Form 397. Considered in context, subsection (c) is most reasonably read as an exception to subsection (a)'s limitation prohibiting the Commission from revising the 1992 EEO rules. While subsection (a) prohibits the Commission from revising the 1992 EEO rules, subsection (c) permits the Commission ``to make nonsubstantive technical or clerical revisions'' to those rules as are ``necessary to reflect changes in technology, terminology, or Commission organization.'' Because the limitation in (a), by its terms, does not apply to Form 397, neither does the exception to (a) that Congress carved out, as reflected in subsection (c). We seek comment on the tentative conclusions related to these statutory interpretations. 8. We also seek comment on how the Commission should identify which stations are subject to a mid-term review, absent Form 397. Commission staff currently conducts mid-term reviews of stations that self- identify as subject to the mid-term review rule by filing Form 397. NAB proposes two possible solutions to identify stations subject to mid- term review, and we seek comment on these suggestions as well as any other approach that would allow such stations to be identified with the least necessary expenditure of resources by both regulatees and the Commission. NAB's first proposal is to require all subject stations to indicate whether they are subject to a mid-term review on their annual EEO public file report. We note that this proposal would not provide information in a format that easily could be aggregated by Commission staff and potentially would require staff to manually review each station's EEO public file reports prior to the mid-term review period to determine which stations are subject to mid-term review. These reports do not follow a prescribed uniform structure, so this information could appear in different locations and in different formats in each report. Although it appears that the costs of including this information on the annual EEO report would likely be de minimis, we seek comment on the scope of any potential costs to licensees. Would this approach constitute an overall reduction in the costs incurred by licensees with respect to mid-term reviews? 9. Alternatively, NAB suggests modifying the online public file database itself to require all stations to indicate whether they are subject to a mid-term review as a prerequisite to filing their annual EEO public file report. If we modify the online public file database to include this information, should we adopt NAB's proposed prerequisite approach, such as by adding questions regarding staff size to each station's public file that must be answered before the station can upload its EEO public file report, or should we make some other change? Any such modification to the online file would impose information technology resource costs on the Commission and new burdens on broadcast licensees. What would be the scope of these costs for licensees? Would this approach constitute an overall reduction in the costs incurred by licensees with respect to mid-term reviews? In proposing alternatives to Form 397, commenters should keep in mind that our goal is to reduce the regulatory burden on regulatees while at the same time minimizing the administrative burden and costs on the Commission in its effort to satisfy the statutory objectives of section 334 of the Act. 10. Additionally, we seek comment on whether we should require stations to designate a point of contact responsible for a station's EEO compliance on a more routine basis, if we eliminate Form 397. As noted above, point-of-contact information will continue to be provided through a station's Form 396. Given that Form 396 is filed only once every eight years, however, should we specify a means for stations to update their EEO points of contact more frequently? For example, should we require this information to be included in a station's annual EEO public file report? Are there other options we should consider, such as requiring this information to be included in a station's online public file? Alternatively, should we conclude that the requirement to include a specific EEO point of contact in Form 396 is sufficient? 11. We also seek input on the relative costs and benefits of Form 397 as a means to facilitate mid-term reviews. We ask that parties explain how any benefits derived from the Form compare with the costs. Finally, we seek comment on the FCC's track record on EEO enforcement and how the agency can make improvements to EEO compliance and enforcement. Beyond the mid-term review, would elimination of Form 397 impact the FCC's ability to ensure compliance and enforcement of EEO rules, and if so, how? Similarly, if Form 397 were eliminated, what other mechanisms will the FCC have to monitor and enforce its EEO rules? II. Procedural Matters A. Initial Paperwork Reduction Act Analysis 12. This document contains new information collection requirements. It seeks comment on whether and how Commission rules would need to be revised if Form 397 is eliminated, so that Commission staff would be able to determine which broadcast stations are subject to the mid-term review of employment practices, and the name and title of station employees responsible for EEO compliance. The Commission, as part of its continuing efforts to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, we seek specific comment on how we might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' B. Initial Regulatory Flexibility Analysis 13. As required by the Regulatory Flexibility Act of 1980, as amended, (RFA) the Commission has prepared this Initial Regulatory Flexibility Act Analysis (IRFA) concerning the possible significant economic impact on small entities by the rules proposed in this Notice of Proposed Rulemaking (NPRM). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments provided on the first page of the NPRM. Pursuant to the requirements established in 5 U.S.C. 603(a), The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register. 14. Need for, and Objectives of, the Report and Order. The proposed rule changes stem from a Public Notice issued by the Commission in May 2017 launching an initiative to modernize the Commission's media regulations. Numerous parties in that proceeding argued for elimination of the [[Page 12316]] recordkeeping requirement at issue as redundant and unnecessary. The NPRM proposes to eliminate a provision of the Commission's rules that obligate certain broadcasters to file a Broadcast Mid-Term Report documenting their compliance with the Commission's EEO requirements, without eliminating the mid-term review of employment practices. 15. Specifically, the NPRM proposes to eliminate the requirement in 47 CFR 73.2080(f)(2) that broadcast television stations in station employment units (SEUs) with five or more full-time employees, and radio stations in SEUs with 11 or more full-time employees, file Form 397 four months prior to the date four years after their most recent license expiration date. This proposal is intended to reduce outdated regulations and unnecessary regulatory burdens that can impede competition and innovation in media markets. The NPRM also seeks comment on whether it will be necessary to make other changes to Sec. 73.2080 or the rules governing the online public file in order for Commission staff to determine which stations are subject to the statutory mid-term review of employment practices and the name and title of station employees responsible for EEO compliance. 16. Legal Basis. The proposed action is authorized pursuant to sections 1, 4(i), 4(j), and 334 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 334. 17. Description and Estimates of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act.\3\ A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.\4\ The rules proposed herein will directly affect certain small television and radio broadcast stations, and cable entities. Below is a description of these small entities, as well as an estimate of the number of such small entities, where feasible. --------------------------------------------------------------------------- \3\ 5 U.S.C. 601(3) (incorporating by reference the definition of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies ``unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.'' 5 U.S.C. 601(3). \4\ 15 U.S.C. 632. Application of the statutory criteria of dominance in its field of operation and independence are sometimes difficult to apply in the context of broadcast television. Accordingly, the Commission's statistical account of television stations may be over-inclusive. --------------------------------------------------------------------------- 18. Television Broadcasting. This Economic Census category ``comprises establishments primarily engaged in broadcasting images together with sound.'' These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public. These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for such businesses: Those having $38.5 million or less in annual receipts. The 2012 Economic Census reports that 751 firms in this category operated in that year. Of that number, 656 had annual receipts of $25,000,000 or less. Based on this data, we estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard. 19. In addition, the Commission has estimated the number of licensed commercial television stations to be 1,384. Of this total, 1,264 stations had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on February 24, 2017. Such entities, therefore, qualify as small entities under the SBA definition. The Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 394. The Commission, however, does not compile and does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. 20. We note, however, that in assessing whether a business concern qualifies as ``small'' under the above definition, business (control) affiliations \5\ must be included. Our estimate, therefore likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, another element of the definition of ``small business'' requires that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television broadcast station is dominant in its field of operation. Accordingly, the estimate of small businesses to which the proposed rules would apply does not exclude any television station from the definition of a small business on this basis and therefore could be over-inclusive. --------------------------------------------------------------------------- \5\ ``[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has the power to control both.'' 13 CFR 21.103(a)(1). --------------------------------------------------------------------------- 21. There are also 417 Class A stations. Given the nature of this service, we will presume that all 417 of these stations qualify as small entities under the above SBA small business size standard. 22. Radio Stations. This economic Census category ``comprises establishments primarily engaged in broadcasting aural programs by radio to the public.'' The SBA has created the following small business size standard for this category: Those having $38.5 million or less in annual receipts. Census data for 2012 shows that 2,849 firms in this category operated in that year. Of this number, 2,806 firms had annual receipts of less than $25,000,000. Because the Census has no additional classifications that could serve as a basis for determining the number of stations whose receipts exceeded $38.5 million in that year, we conclude that the majority of television broadcast stations were small under the applicable SBA size standard. 23. Apart from the U.S. Census, the Commission has estimated the number of licensed commercial AM radio stations to be 4,486 stations and the number of commercial FM radio stations to be 6,755, for a total number of 11,241. Of this total, 9,898 stations had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) in October 2014. In addition, the Commission has estimated the number of noncommercial educational FM radio stations to be 4,111. NCE stations are non-profit, and therefore considered to be small entities.\6\ Therefore, we estimate that the [[Page 12317]] majority of radio broadcast stations are small entities. --------------------------------------------------------------------------- \6\ 5 U.S.C. 601(4), (6). --------------------------------------------------------------------------- 24. We note again, however, that in assessing whether a business concern qualifies as ``small'' under the above definition, business (control) affiliations \7\ must be included. Because we do not include or aggregate revenues from affiliated companies in determining whether an entity meets the applicable revenue threshold, our estimate of the number of small radio broadcast stations affected is likely overstated. In addition, as noted above, one element of the definition of ``small business'' is that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific radio broadcast station is dominant in its field of operation. Accordingly, our estimate of small radio stations potentially affected by the proposed rules includes those that could be dominant in their field of operation. For this reason, such estimate likely is over-inclusive. --------------------------------------------------------------------------- \7\ ``[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has the power to control both.'' --------------------------------------------------------------------------- 25. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. In this section, we identify the reporting, recordkeeping, and other compliance requirements proposed in the NPRM and consider whether small entities are affected disproportionately by any such requirements. 26. Reporting Requirements. The NPRM does not propose to adopt reporting requirements. 27. Recordkeeping Requirements. The NPRM does not propose to adopt recordkeeping requirements. 28. Other Compliance Requirements. The NPRM does not propose to adopt other compliance requirements. It does seek comment on whether and how Commission rules would need to be revised if Form 397 is eliminated, so that Commission staff would be able to determine which broadcast stations are subject to the mid-term review of employment practices and the name and title of station employees responsible for EEO compliance. 29. The proposed rule revisions, if adopted, will reduce the compliance burden on all affected Commission regulatees, including small entities, by eliminating the requirement to file Form 397. No party in the proceeding has opposed the proposals set forth in the NPRM. We thus find it reasonable to conclude that the benefits of eliminating the rules at issue will outweigh any costs. 30. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.\8\ --------------------------------------------------------------------------- \8\ 5 U.S.C. 603(c)(1)-(c)(4). --------------------------------------------------------------------------- 31. The NPRM proposes to eliminate the obligation, imposed on certain broadcasters, to file a Broadcast Mid-Term Report on employment practices. Eliminating this requirement is intended to modernize the Commission's regulations and reduce costs and recordkeeping burdens for affected entities, including small entities. Under the current rules, affected entities must expend time and resources gathering and filing consolidated information that is largely already otherwise supplied to the Commission. As noted, the proposed rule revisions are unopposed in the media modernization docket. Thus, we anticipate that affected small entities only stand to benefit from such revisions, if adopted. 32. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rule. None. C. Ex Parte Rules 33. Permit-But-Disclose. This proceeding shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. D. Filing Requirements 34. Comments and Replies. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, [[Page 12318]] Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554. 35. Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. 36. People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). III. Ordering Clauses 37. It is ordered that, pursuant to the authority found in sections 1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), this Report and Order is hereby adopted. 38. It is further ordered that, pursuant to the authority found in sections 1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), the Commission's rules are amended as set forth in Rules Appendix A of the NPRM, effective as of the date of publication of a summary in the Federal Register.\9\ --------------------------------------------------------------------------- \9\ These rules serve to ``reliev[e] a restriction.'' 5 U.S.C. 553(d)(1). --------------------------------------------------------------------------- 39. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 40. It is further ordered that the Commission shall send a copy of this Report and 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). 41. It is further ordered that, should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 17-231 shall be TERMINATED and its docket closed. List of Subjects in 47 CFR Part 73 Equal employment opportunity, Radio, Reporting and recordkeeping requirements, Television. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. Proposed Rules 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, 309, 310, 334, 336, and 339. 0 2. Amend Sec. 73.2080 by revising paragraph (f)(2) to read as follows: Sec. 73.2080 Equal Employment Opportunities (EEO). * * * * * (f) * * * (2) The Commission will conduct a mid-term review of the employment practices of each broadcast television station that is part of an employment unit of five or more full-time employees and each radio station that is part of an employment unit of 11 or more full-time employees four years following the station's most recent license expiration date as specified in Sec. 73.1020. If a broadcast licensee acquires a station pursuant to FCC Form 314 or FCC Form 315 during the period that is to form the basis for the mid-term review, that review will cover the licensee's EEO recruitment activity during the period starting with the date it acquired the station. * * * * * [FR Doc. 2018-05726 Filed 3-20-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12313
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to establish an exemption from the method allows determination of its acid AGENCY: Federal Communications
requirement of a tolerance in 40 CFR metabolite for the proposed uses. Commission.
part 180 for residues of the fungicide ACTION: Proposed rule.
Contact: RD.
Pseudomonas sp. strain DSMZ 13134 in
or on all food commodities. The Notice of Filing—New Tolerances for SUMMARY: In this document, the Federal
petitioner believes no analytical method Non-Inerts Communications Commission (FCC or
is needed because an exemption from Commission) proposes to eliminate the
the requirement of a tolerance is being PP 7E8631. (EPA–HQ–OPP–2017– rules requiring certain broadcast
proposed. Contact: BPPD. 0694). The Interregional Research television and radio stations to file Form
3. PP 7F8574. (EPA–HQ–OPP–2017– Project No. 4 (IR–4), Rutgers, The State 397, the EEO Broadcast Mid-Term
0703). OmniLytics, Inc., 9100 South 500 University of New Jersey, 500 College Report. This proposal will continue the
West, Sandy, UT 84070, requests to Road East, Suite 201 W, Princeton, NJ Commission’s efforts to modernize
establish an exemption from the 08540, requests to establish a tolerance regulations and reduce unnecessary
requirement of a tolerance in 40 CFR in 40 CFR part 180.672 for residues of requirements that no longer serve the
part 180 for residues of the bactericide the insecticide cyantraniliprole, 3- public interest.
bacteriophage active against bromo-1-(3-chloro-2-pyridinyl)-N-[4- DATES: Comments are due on or before
Xanthomonas citri subsp. citri in or on cyano-2-methyl-6- May 21, 2018; reply comments are due
citrus fruit, including orange, grapefruit, [((methylamino)carbonyl]phenyl]-1H- on or before June 19, 2018.
pummelo, mandarin, lemon, lime, pyrazole-5-carboxamide, including its ADDRESSES: You may submit comments,
tangerine, tangelo, and kumquat. The metabolites and degradates in or on the
petitioner believes no analytical method identified by MB Docket No. 18–23, by
following commodities in or on Berry, any of the following methods:
is needed because an exemption from low growing, except strawberry,
the requirement of a tolerance is being • Federal Communications
subgroup 13–07H, except blueberry, Commission’s website: http://
proposed. Contact: BPPD. lowbush and lingonberry at 0.08 parts
4. PP 7F8621. (EPA–HQ–OPP–2017– www.fcc.gov/cgb/ecfs/. Follow the
per million (ppm) (proposal to replace instructions for submitting comments.
0727). Andermatt Biocontrol AG, an existing tolerance at the same level
Stahlermatten 6, CH–6146 Grossdietwil, • Mail: Filings can be sent by hand or
that is only for imported Berry, low messenger delivery, by commercial
Switzerland (in care of SciReg, Inc., growing, except strawberry, subgroup
12733 Director’s Loop, Woodbridge, VA overnight courier, or by first-class or
13–07H, with a tolerance supporting overnight U.S. Postal Service mail
22192), requests to establish an both domestic production and imported
exemption from the requirement of a (although the Commission continues to
low growing berries, except experience delays in receiving U.S.
tolerance in 40 CFR part 180 for strawberries); Brassica, leafy greens,
residues of the insecticide Autographa Postal Service mail). All filings must be
subgroup 4–16B at 30 ppm; Caneberry addressed to the Commission’s
californica multiple subgroup 13–07A at 4.0 ppm; Celtuce at
nucleopolyhedrovirus (AcMNPV) strain • Secretary, Office of the Secretary,
20 ppm; Coffee, green bean at 0.05 ppm Federal Communications Commission.
FV#11 in or on all food commodities. (proposal to replace an existing
The petitioner believes no analytical • People With Disabilities: Contact
tolerance at the same level that is only the FCC to request reasonable
method is needed because AcMNPV for imported Coffee, green bean with a
strain FV#11 is naturally occurring and accommodations (accessible format
tolerance supporting both domestic documents, sign language interpreters,
is not toxic or pathogenic; therefore, production and imported coffee);
exposure to any residues of AcMNPV CART, etc.) by email: FCC504@fcc.gov
Florence fennel at 20 ppm; Kohlrabi at or phone: (202) 418–0530 or TTY: (202)
strain FV#11 should not be of concern 3.0 ppm; Leafy greens subgroup 4–16A 418–0432.
sradovich on DSK3GMQ082PROD with PROPOSALS
for human health. Contact: BPPD. at 20 ppm; Leaf petiole vegetable For detailed instructions for
Notice of Filing—New Tolerances for subgroup 22B at 20 ppm; and Vegetable, submitting comments and additional
Inerts brassica, head and stem, group 5–16 at information on the rulemaking process,
PP IN–11030. (EPA–HQ–OPP– 2017– 3.0 ppm. The high-pressure liquid see the SUPPLEMENTARY INFORMATION
0591). Interregional Research Project chromatography with ESI–MS/MS section of this document.
No. 4, Rutgers, The State University of detection is used to measure and FOR FURTHER INFORMATION CONTACT: For
New Jersey, 500 College Road East, evaluate cyantraniliprole. Contact: RD. additional information, contact Jonathan
Suite 201 W, Princeton, NJ 08540 Authority: 21 U.S.C. 346a. Mark, Jonathan.Mark@fcc.gov, of the
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![12316 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules
recordkeeping requirement at issue as additional criteria established by the estimate, therefore likely overstates the
redundant and unnecessary. The NPRM SBA.4 The rules proposed herein will number of small entities that might be
proposes to eliminate a provision of the directly affect certain small television affected by our action, because the
Commission’s rules that obligate certain and radio broadcast stations, and cable revenue figure on which it is based does
broadcasters to file a Broadcast Mid- entities. Below is a description of these not include or aggregate revenues from
Term Report documenting their small entities, as well as an estimate of affiliated companies. In addition,
compliance with the Commission’s EEO the number of such small entities, another element of the definition of
requirements, without eliminating the where feasible. ‘‘small business’’ requires that an entity
mid-term review of employment 18. Television Broadcasting. This not be dominant in its field of operation.
practices. Economic Census category ‘‘comprises We are unable at this time to define or
15. Specifically, the NPRM proposes establishments primarily engaged in quantify the criteria that would
to eliminate the requirement in 47 CFR broadcasting images together with establish whether a specific television
73.2080(f)(2) that broadcast television sound.’’ These establishments operate broadcast station is dominant in its field
stations in station employment units television broadcast studios and of operation. Accordingly, the estimate
(SEUs) with five or more full-time facilities for the programming and of small businesses to which the
employees, and radio stations in SEUs transmission of programs to the public. proposed rules would apply does not
with 11 or more full-time employees, These establishments also produce or exclude any television station from the
file Form 397 four months prior to the transmit visual programming to definition of a small business on this
date four years after their most recent affiliated broadcast television stations, basis and therefore could be over-
license expiration date. This proposal is which in turn broadcast the programs to inclusive.
intended to reduce outdated regulations the public on a predetermined schedule.
and unnecessary regulatory burdens that Programming may originate in their own 21. There are also 417 Class A
can impede competition and innovation studio, from an affiliated network, or stations. Given the nature of this
in media markets. The NPRM also seeks from external sources. The SBA has service, we will presume that all 417 of
comment on whether it will be created the following small business these stations qualify as small entities
necessary to make other changes to size standard for such businesses: Those under the above SBA small business
§ 73.2080 or the rules governing the having $38.5 million or less in annual size standard.
online public file in order for receipts. The 2012 Economic Census 22. Radio Stations. This economic
Commission staff to determine which reports that 751 firms in this category Census category ‘‘comprises
stations are subject to the statutory mid- operated in that year. Of that number, establishments primarily engaged in
term review of employment practices 656 had annual receipts of $25,000,000 broadcasting aural programs by radio to
and the name and title of station or less. Based on this data, we estimate the public.’’ The SBA has created the
employees responsible for EEO that the majority of commercial following small business size standard
compliance. television broadcasters are small entities for this category: Those having $38.5
16. Legal Basis. The proposed action under the applicable SBA size standard. million or less in annual receipts.
is authorized pursuant to sections 1, 19. In addition, the Commission has Census data for 2012 shows that 2,849
4(i), 4(j), and 334 of the estimated the number of licensed firms in this category operated in that
Communications Act of 1934, as commercial television stations to be year. Of this number, 2,806 firms had
amended, 47 U.S.C. 151, 154(i), 154(j), 1,384. Of this total, 1,264 stations had annual receipts of less than $25,000,000.
and 334. revenues of $38.5 million or less,
17. Description and Estimates of the Because the Census has no additional
according to Commission staff review of classifications that could serve as a basis
Number of Small Entities to Which the
the BIA Kelsey Inc. Media Access Pro for determining the number of stations
Proposed Rules Will Apply. The RFA
Television Database (BIA) on February whose receipts exceeded $38.5 million
directs agencies to provide a description
24, 2017. Such entities, therefore, in that year, we conclude that the
of and, where feasible, an estimate of
qualify as small entities under the SBA majority of television broadcast stations
the number of small entities that may be
definition. The Commission has were small under the applicable SBA
affected by the proposed rules, if
estimated the number of licensed size standard.
adopted. The RFA generally defines the
noncommercial educational (NCE)
term ‘‘small entity’’ as having the same 23. Apart from the U.S. Census, the
meaning as the terms ‘‘small business,’’ television stations to be 394. The
Commission has estimated the number
‘‘small organization,’’ and ‘‘small Commission, however, does not compile
of licensed commercial AM radio
governmental jurisdiction.’’ In addition, and does not have access to information
stations to be 4,486 stations and the
the term ‘‘small business’’ has the same on the revenue of NCE stations that
number of commercial FM radio
meaning as the term ‘‘small business would permit it to determine how many
stations to be 6,755, for a total number
concern’’ under the Small Business such stations would qualify as small
of 11,241. Of this total, 9,898 stations
Act.3 A small business concern is one entities.
20. We note, however, that in had revenues of $38.5 million or less,
which: (1) Is independently owned and according to Commission staff review of
assessing whether a business concern
operated; (2) is not dominant in its field the BIA Kelsey Inc. Media Access Pro
qualifies as ‘‘small’’ under the above
of operation; and (3) satisfies any Television Database (BIA) in October
definition, business (control)
affiliations 5 must be included. Our 2014. In addition, the Commission has
3 5 U.S.C. 601(3) (incorporating by reference the
sradovich on DSK3GMQ082PROD with PROPOSALS
estimated the number of noncommercial
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory 4 15 U.S.C. 632. Application of the statutory educational FM radio stations to be
definition of a small business applies ‘‘unless an criteria of dominance in its field of operation and 4,111. NCE stations are non-profit, and
agency, after consultation with the Office of independence are sometimes difficult to apply in therefore considered to be small
Advocacy of the Small Business Administration the context of broadcast television. Accordingly, the entities.6 Therefore, we estimate that the
and after opportunity for public comment, Commission’s statistical account of television
establishes one or more definitions of such term stations may be over-inclusive.
which are appropriate to the activities of the agency 5 ‘‘[Business concerns] are affiliates of each other or has the power to control both.’’ 13 CFR
and publishes such definition(s) in the Federal when one concern controls or has the power to 21.103(a)(1).
Register.’’ 5 U.S.C. 601(3). control the other or a third party or parties controls 6 5 U.S.C. 601(4), (6).
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![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12317
majority of radio broadcast stations are 30. Steps Taken to Minimize consisted in whole or in part of the
small entities. Significant Economic Impact on Small presentation of data or arguments
24. We note again, however, that in Entities, and Significant Alternatives already reflected in the presenter’s
assessing whether a business concern Considered. The RFA requires an written comments, memoranda or other
qualifies as ‘‘small’’ under the above agency to describe any significant, filings in the proceeding, the presenter
definition, business (control) specifically small business, alternatives may provide citations to such data or
affiliations 7 must be included. Because that it has considered in reaching its arguments in his or her prior comments,
we do not include or aggregate revenues proposed approach, which may include memoranda, or other filings (specifying
from affiliated companies in the following four alternatives (among the relevant page and/or paragraph
determining whether an entity meets the others): (1) The establishment of numbers where such data or arguments
applicable revenue threshold, our differing compliance or reporting can be found) in lieu of summarizing
estimate of the number of small radio requirements or timetables that take into them in the memorandum. Documents
broadcast stations affected is likely account the resources available to small shown or given to Commission staff
overstated. In addition, as noted above, entities; (2) the clarification, during ex parte meetings are deemed to
one element of the definition of ‘‘small consolidation, or simplification of be written ex parte presentations and
business’’ is that an entity not be compliance and reporting requirements must be filed consistent with rule
dominant in its field of operation. We under the rule for such small entities; 1.1206(b). In proceedings governed by
are unable at this time to define or (3) the use of performance, rather than rule 1.49(f) or for which the
quantify the criteria that would design, standards; and (4) an exemption Commission has made available a
establish whether a specific radio from coverage of the rule, or any part method of electronic filing, written ex
broadcast station is dominant in its field thereof, for small entities.8 parte presentations and memoranda
of operation. Accordingly, our estimate 31. The NPRM proposes to eliminate summarizing oral ex parte
of small radio stations potentially the obligation, imposed on certain presentations, and all attachments
affected by the proposed rules includes broadcasters, to file a Broadcast Mid- thereto, must be filed through the
those that could be dominant in their Term Report on employment practices. electronic comment filing system
field of operation. For this reason, such Eliminating this requirement is available for that proceeding, and must
estimate likely is over-inclusive. intended to modernize the be filed in their native format (e.g., .doc,
25. Description of Projected Commission’s regulations and reduce .xml, .ppt, searchable .pdf). Participants
Reporting, Recordkeeping, and Other costs and recordkeeping burdens for in this proceeding should familiarize
Compliance Requirements. In this affected entities, including small themselves with the Commission’s ex
section, we identify the reporting, entities. Under the current rules, parte rules.
recordkeeping, and other compliance affected entities must expend time and
requirements proposed in the NPRM resources gathering and filing D. Filing Requirements
and consider whether small entities are consolidated information that is largely 34. Comments and Replies. Pursuant
affected disproportionately by any such already otherwise supplied to the to §§ 1.415 and 1.419 of the
requirements. Commission. As noted, the proposed Commission’s rules, 47 CFR 1.415,
26. Reporting Requirements. The rule revisions are unopposed in the 1.419, interested parties may file
NPRM does not propose to adopt media modernization docket. Thus, we comments and reply comments on or
reporting requirements. anticipate that affected small entities before the dates indicated on the first
27. Recordkeeping Requirements. The only stand to benefit from such page of this document. Comments may
NPRM does not propose to adopt revisions, if adopted. be filed using the Commission’s
recordkeeping requirements. 32. Federal Rules that May Duplicate, Electronic Comment Filing System
28. Other Compliance Requirements. Overlap, or Conflict with the Proposed (ECFS). See Electronic Filing of
The NPRM does not propose to adopt Rule. None. Documents in Rulemaking Proceedings,
other compliance requirements. It does 63 FR 24121 (1998).
seek comment on whether and how C. Ex Parte Rules • Electronic Filers: Comments may be
Commission rules would need to be 33. Permit-But-Disclose. This filed electronically using the internet by
revised if Form 397 is eliminated, so proceeding shall be treated as a ‘‘permit- accessing the ECFS: http://
that Commission staff would be able to but-disclose’’ proceeding in accordance fjallfoss.fcc.gov/ecfs2/
determine which broadcast stations are with the Commission’s ex parte rules. • Paper Filers: Parties who choose to
subject to the mid-term review of Persons making ex parte presentations file by paper must file an original and
employment practices and the name and must file a copy of any written one copy of each filing. If more than one
title of station employees responsible for presentation or a memorandum docket or rulemaking number appears in
EEO compliance. summarizing any oral presentation the caption of this proceeding, filers
29. The proposed rule revisions, if within two business days after the must submit two additional copies for
adopted, will reduce the compliance presentation (unless a different deadline each additional docket or rulemaking
burden on all affected Commission applicable to the Sunshine period number. Filings can be sent by hand or
regulatees, including small entities, by applies). Persons making oral ex parte messenger delivery, by commercial
eliminating the requirement to file Form presentations are reminded that overnight courier, or by first-class or
397. No party in the proceeding has memoranda summarizing the overnight U.S. Postal Service mail. All
opposed the proposals set forth in the presentation must (1) list all persons filings must be addressed to the
sradovich on DSK3GMQ082PROD with PROPOSALS
NPRM. We thus find it reasonable to attending or otherwise participating in Commission’s Secretary, Office of the
conclude that the benefits of eliminating the meeting at which the ex parte Secretary, Federal Communications
the rules at issue will outweigh any presentation was made, and (2) Commission.
costs. summarize all data presented and • All hand-delivered or messenger-
arguments made during the delivered paper filings for the
7 ‘‘[Business concerns] are affiliates of each other
when one concern controls or has the power to
presentation. If the presentation Commission’s Secretary must be
control the other or a third party or parties controls delivered to FCC Headquarters at 445
or has the power to control both.’’ 85 U.S.C. 603(c)(1)–(c)(4). 12th St. SW, Room TW–A325,
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![12318 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules
Washington, DC 20554. The filing hours Congressional Review Act, see 5 U.S.C. NATIONAL CREDIT UNION
are 8:00 a.m. to 7:00 p.m. All hand 801(a)(1)(A). ADMINISTRATION
deliveries must be held together with 41. It is further ordered that, should
rubber bands or fasteners. Any 48 CFR Part 9
no petitions for reconsideration or
envelopes and boxes must be disposed petitions for judicial review be timely RIN: 3133–AE85
of before entering the building.
filed, MB Docket No. 17–231 shall be
• Commercial overnight mail (other NCUA Suspension and Debarment
than U.S. Postal Service Express Mail TERMINATED and its docket closed.
Procedures
and Priority Mail) must be sent to 9050 List of Subjects in 47 CFR Part 73
Junction Drive, Annapolis Junction, MD AGENCY: National Credit Union
20701. Equal employment opportunity, Administration (NCUA).
• U.S. Postal Service first-class, Radio, Reporting and recordkeeping ACTION: Proposed Suspension and
Express, and Priority mail must be requirements, Television. Debarment Procedures with request for
addressed to 445 12th Street SW, comments.
Washington, DC 20554. Federal Communications Commission.
35. Availability of Documents. Marlene H. Dortch, SUMMARY: The NCUA Board (Board)
Comments, reply comments, and ex Secretary, Office of the Secretary. proposes to adopt suspension and
parte submissions will be available for debarment procedures to establish an
public inspection during regular Proposed Rules administrative process protecting the
business hours in the FCC Reference For the reasons discussed in the Federal Government’s interest in only
Center, Federal Communications preamble, the Federal Communications doing business with presently
Commission, 445 12th Street SW, CY– Commission proposes to amend 47 CFR responsible contractors. This proposal
A257, Washington, DC 20554. These sets forth the NCUA’s proposed policies
part 73 as follows:
documents will also be available via for suspension and debarment and
ECFS. Documents will be available PART 73—RADIO BROADCAST establishes administrative proceedings
electronically in ASCII, Microsoft Word, SERVICES for contractors subject to the policies.
and/or Adobe Acrobat. DATES: Comments must be received on
36. People with Disabilities. To or before May 21, 2018.
■ 1. The authority citation for part 73
request materials in accessible formats ADDRESSES: You may submit comments
for people with disabilities (Braille, continues to read as follows:
by any of the following methods (Please
large print, electronic files, audio Authority: 47 U.S.C. 154, 303, 309, 310,
send comments by one method only):
format), send an email to fcc504@fcc.gov 334, 336, and 339.
• Federal eRulemaking Portal: http://
or call the FCC’s Consumer and www.regulations.gov. Follow the
■ 2. Amend § 73.2080 by revising
Governmental Affairs Bureau at (202) instructions for submitting comments.
paragraph (f)(2) to read as follows:
418–0530 (voice), (202) 418–0432 • NCUA website: http://
(TTY). § 73.2080 Equal Employment www.ncua.gov/Legal/Regs/Pages/
III. Ordering Clauses Opportunities (EEO). PropRegs.aspx. Follow the instructions
37. It is ordered that, pursuant to the * * * * * for submitting comments.
authority found in sections 1, 4(i), and (f) * * * • Email: Address to regcomments@
4(j) of the Communications Act of 1934, ncua.gov. Include ‘‘[Your name]—
(2) The Commission will conduct a Comments on Proposed Suspension and
as amended, 47 U.S.C. 151, 154(i), and mid-term review of the employment
154(j), this Report and Order is hereby Debarment Procedures’’ in the email
practices of each broadcast television subject line.
adopted. station that is part of an employment
38. It is further ordered that, pursuant • Fax: (703) 518–6319. Use the
unit of five or more full-time employees subject line described above for email.
to the authority found in sections 1, 4(i),
and 4(j) of the Communications Act of
and each radio station that is part of an • Mail: Address to Gerard Poliquin,
employment unit of 11 or more full-time Secretary of the Board, National Credit
1934, as amended, 47 U.S.C. 151, 154(i),
employees four years following the Union Administration, 1775 Duke
and 154(j), the Commission’s rules are
amended as set forth in Rules Appendix station’s most recent license expiration Street, Alexandria, Virginia 22314–
A of the NPRM, effective as of the date date as specified in § 73.1020. If a 3428.
of publication of a summary in the broadcast licensee acquires a station • Hand Delivery/Courier: Same as
Federal Register.9 pursuant to FCC Form 314 or FCC Form mail address.
39. It is further ordered that the 315 during the period that is to form the Public Inspection: You can view all
Commission’s Consumer and basis for the mid-term review, that public comments on the NCUA’s
Governmental Affairs Bureau, Reference review will cover the licensee’s EEO website at http://www.ncua.gov/Legal/
Information Center, shall send a copy of recruitment activity during the period Regs/Pages/PropRegs.aspx as submitted,
this Report and Order, including the starting with the date it acquired the except for those that cannot be posted
Final Regulatory Flexibility Analysis, to station. for technical reasons. The NCUA will
the Chief Counsel for Advocacy of the not edit or remove any identifying or
* * * * * contact information from the public
sradovich on DSK3GMQ082PROD with PROPOSALS
Small Business Administration. [FR Doc. 2018–05726 Filed 3–20–18; 8:45 am]
40. It is further ordered that the comments submitted. You may inspect
BILLING CODE 6712–01–P
Commission shall send a copy of this paper copies of comments at the
Report and Order in a report to be sent NCUA’s headquarters at 1775 Duke
to Congress and the Government Street, Alexandria, Virginia 22314, by
Accountability Office pursuant to the appointment weekdays between 9 a.m.
and 3 p.m. To make an appointment,
9 These rules serve to ‘‘reliev[e] a restriction.’’ 5 call (703) 518–6546 or send an email to
U.S.C. 553(d)(1). OGCMail@ncua.gov.
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Document Created: 2018-03-21 00:46:00
Document Modified: 2018-03-21 00:46:00
| 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 are due on or before May 21, 2018; reply comments are due on or before June 19, 2018. | |
| Contact | For additional information, contact Jonathan Mark, [email protected], of the Media Bureau, Policy Division, (202) 418-3634. Direct press inquiries to Janice Wise at (202) 418-8165. | |
| FR Citation | 83 FR 12313 | |
| CFR Associated | Equal Employment Opportunity; Radio; Reporting and Recordkeeping Requirements and Television |
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