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time allowed by this notice, you should Nature of Extent of Confidentiality: FEDERAL COMMUNICATIONS advise the contact listed below as soon The Commission is not requesting that COMMISSION as possible. the respondents submit confidential [MB Docket No. 18–11; FCC 18–2] ADDRESSES: Direct all PRA comments to information to the FCC. Respondents Nicole Ongele, FCC, via email PRA@ may, however, request confidential Birach Broadcasting Corporation, fcc.gov and to [email protected]. treatment for information they believe to Applications for Renewal of Licenses FOR FURTHER INFORMATION CONTACT: For be confidential under 47 CFR 0.459 of of AM Radio Stations WBVA, Bayside, additional information about the the Commission’s rules. Virginia and WVAB, Virginia Beach, information collection, contact Nicole Needs and Uses: This collection will Virginia Ongele at (202) 418–2991. be submitted as an extension to the AGENCY: Federal Communications SUPPLEMENTARY INFORMATION: As part of Office of Management and Budget Commission. its continuing effort to reduce (OMB) in order to obtain the full three ACTION: Notice. paperwork burdens, and as required by year clearance. the Paperwork Reduction Act (PRA) of In CC Docket No. 96–187, the SUMMARY: This document commences a 1995 (44 U.S.C. 3501–3520), the Federal hearing to determine whether the Communications Commission (FCC or Commission adopted measures to streamline tariff filing requirements for applications filed by Birach Commission) invites the general public Broadcasting Corporation (Birach) to local exchange carriers (LECs) pursuant and other Federal agencies to take this renew its licenses for AM radio stations to the Telecommunications Act of 1996. opportunity to comment on the WBVA, Bayside, Virginia and WVAB, following information collections. In order to achieve a streamlined and Virginia Beach, Virginia, should be Comments are requested concerning: deregulatory environment for LEC tariff granted. The applications have been Whether the proposed collection of filings, LECs are required to file tariffs designated for hearing based on the information is necessary for the proper electronically. Other carriers are stations’ extended periods of silence performance of the functions of the permitted to file their tariffs since April 1, 2008, when Birach Commission, including whether the electronically. There are six information became the licensee of the stations. information shall have practical utility; collection requirements under this OMB DATES: Persons desiring to participate as the accuracy of the Commission’s control number: (1) Electronic filing parties in the hearing shall file a burden estimate; ways to enhance the requirement; (2) requirement that petition for leave to intervene not later quality, utility, and clarity of the carriers desiring tariffs proposing rate than April 11, 2018. information collected; ways to minimize decreases to be effective in seven days ADDRESSES: File documents with the the burden of the collection of file separate transmittals; (3) Office of the Secretary, Federal information on the respondents, requirement that carriers identify Communications Commission, 445 12th including the use of automated transmittals filed pursuant to the Street SW, Washington, DC 20554, with collection techniques or other forms of streamlined provisions of the a copy mailed to each party to the information technology; and ways to Telecommunications Act of 1996; (4) proceeding. Each document that is filed further reduce the information requirement that price cap LECs file in this proceeding must display on the collection burden on small business their Tariff Review Plans (TRPs) prior to front page the docket number of this concerns with fewer than 25 employees. filing their annual access tariffs; (5) hearing, ‘‘MB Docket No. 18–11.’’ OMB Control Number: 3060–0745. Title: Implementation of the Local petitions and replies; and (6) standard FOR FURTHER INFORMATION CONTACT: Exchange Carrier Tariff Streamlining protective orders. Albert Shuldiner, Media Bureau, (202) Provisions in the Telecommunications The information collected under the 418–2700. Act of 1996, CC Docket No. 96–187. electronic filing program will facilitate SUPPLEMENTARY INFORMATION: This is a Form Number: N/A. access to tariffs and associated summary of the Hearing Designation Type of Review: Extension of a documents by the public, especially by Order (Order), MB Docket No. 18–11, currently approved collection. interested persons who do not have FCC 18–2, adopted January 19, 2018, Respondents: Business or other for- ready access to the Commission’s public and released January 22, 2018. The full profit. reference room, and state and federal text of the Order is available for Number of Respondents and regulators. Ready electronic access to inspection and copying during normal Responses: 50 respondents; 1,536 carrier tariffs should also facilitate the business hours in the FCC’s Reference responses. compilation of aggregate data for Information Center at Portals II, CY– Estimated Time per Response: .25–6 A257, 445 12th Street SW, Washington, industry analysis purposes without hours. DC 20554. The full text is also available imposing new reporting requirements Obligation to Respond: Required to online at http://apps.fcc.gov/ecfs/. obtain or maintain benefits. Statutory on carriers. All of the requirements will authority for this information collection be used to ensure that LECs comply Summary of the Hearing Designation is contained in sections 1, 4(i), and with their obligations under the Order 204(a)(3) of the Communications Act of Communications Act of 1934, as 1. The Order commences a hearing 1934, as amended 47 U.S.C. 151, 154(i) amended and that the Commission will proceeding before the Commission to and 204(a)(3). be able to ensure compliance within the determine whether the applications Frequency of Response: On occasion streamlined timeframes established by filed by Birach Broadcasting reporting requirement, recordkeeping the 1996 Act. Corporation (Birach) to renew the requirement and third-party disclosure Federal Communications Commission. licenses for AM radio stations WBVA, requirement. Bayside, Virginia (WBVA Renewal Marlene H. Dortch, Total Annual Burden: 4,054 hours. Application), and WVAB(AM), Virginia Total Annual Cost: $701,550. Secretary, Office of the Secretary. Beach, Virginia (WVAB Renewal Privacy Act Impact Assessment: No [FR Doc. 2018–04944 Filed 3–9–18; 8:45 am] Application) should be granted impact(s). BILLING CODE 6712–01–P pursuant to section 309(k)(1) of the

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Communications Act of 1934 (Act), 47 remaining license term from April 1, 12 days in 2015, 19 days in 2016, and U.S.C. 309(k)(1). The WBVA Renewal 2008 to October 1, 2011 (with 151 of 249 days in 2017). Application and the WVAB Renewal those days unauthorized) and for 2186 9. WVAB is a Class C AM station Applications are designated for hearing days from October 2, 2011 to November licensed to operate with 5 kilowatts of based on the stations’ records of 30, 2017 (with 141 of those days power. Within the relevant time extended periods of silence during and unauthorized); and (b) operating at 30 periods, WVAB has always been co- following their license renewal terms. watts of power pursuant to special located with WBVA. WVAB’s 2. A broadcast licensee’s temporary authority (STA) for 54 days operational history has been similar to authorization to use radio spectrum in during the remaining license term in WBVA’s during the time period under the public interest carries with it the 2009–2011 (22 days in 2009, 10 days in review, except WVAB has operated with obligation that the station serve its 2010, and 22 days in 2011) and for 66 only 6 watts of power during its STA community, providing programming days from the end of the license term operations. At the STA power level of responsive to local needs and interests. until November 30, 2017 (14 days in 6 watts, WVAB serves only a small Broadcast licensees also are required to 2012, 6 days in 2013, 4 days in 2014, 8 portion of its community of license operate in compliance with the Act and days in 2015, 8 days in 2016, and 26 (Virginia Beach, Virginia). A the Commission’s rules (Rules). These days in 2017). modification of a licensed AM station requirements include the obligation to 5. WBVA is a Class C AM station requires 50 percent coverage of the transmit potentially lifesaving national licensed to operate with 1 kilowatt of population and land area of the station’s level Emergency Alert System (EAS) power from a site in Virginia Beach, community of license with a city-grade messages in times of emergency and to Virginia. Shortly before Birach signal. WVAB’s STA service provides a engage in periodic tests to ensure that purchased WBVA, the interim trustee in predicted city-grade signal to only 6.3 their stations are equipped to do so. bankruptcy filed an application for STA percent of the Virginia Beach 3. The basic duty of broadcast to go silent, explaining that the station’s population and 1.7 percent of the licensees to serve their communities is tower had been vandalized and fallen, Virginia Beach land area. As for overall reflected in the license renewal on or about March 15, 2008. During signal coverage, WVAB’s predicted provisions of the Act. In 1996, Congress Birach’s tenure as licensee of WBVA for coverage for its STA operation is less revised the Commission’s license the balance of the license term ending than two percent of its licensed renewal process and the renewal in 2011, the station was silent except for coverage area. standards for broadcast stations by brief periods of operations from 10. Section 309(k)(3) of the Act, 47 adopting Section 309(k) of the Act, 47 temporary sites with a power level of 30 U.S.C. 309(k)(3), requires ‘‘notice and U.S.C. 309(k). Section 309(k)(1) of the watts. On May 18, 2011, Birach filed the opportunity for a hearing as provided in Act, 47 U.S.C. 309(k)(1), provides that WBVA Renewal Application. subsection (e).’’ Section 309(e), 47 the Commission shall grant a license 6. Following the filing of the WBVA U.S.C. 309(e), requires a ‘‘full hearing in renewal application if it finds, with Renewal Application, WBVA continued which the applicant and all other respect to the applying station, that its pattern of brief 30-watt operations parties in interest shall be permitted to during the preceding license term: (a) followed by extended periods of silence. participate.’’ The Commission and The station has served the public In 2013, Birach sought and received a courts have held that the hearing need interest, convenience, and necessity; (b) construction permit for permanent full- not be a trial-type evidentiary hearing there have been no serious violations by power operation at a new transmitter meeting the standards of sections 554 the licensee of the Act or the Rules; and site. However, that permit expired after and 556 of the Administrative (c) there have been no other violations three years. Birach stated that it was Procedure Act, 5 U.S.C. 554, 556. The by the licensee of the Act or the Rules unable to obtain zoning approval to Commission has repeatedly observed which, taken together, would constitute construct a tower at that site. that trial-type hearings impose a pattern of abuse. Section 309(k)(2) of 7. WBVA’s temporary 30-watt significant burdens and delays, both on the Act, 47 U.S.C. 309(k)(2), provides operations were limited in the area applicants and the agency. We have that if a station fails to meet the served as well as the days of operation. found no substantial issues of material foregoing standard, the Commission Although those low-power operations fact or any credibility issues regarding may deny the renewal application provided city-grade coverage of the these renewal applications. We thus pursuant to section 309(k)(3), 47 U.S.C. community of license (Bayside, believe cases such as this one can be 309(k)(3), or grant the application on Virginia), they covered approximately appropriately resolved with a ‘‘paper’’ appropriate terms and conditions, ten percent of the station’s licensed hearing. including a short-term renewal. Section service area, excluding areas covered by 11. We have identified no substantial 309(k)(3) of the Act, 47 U.S.C. 309(k)(3), water. and material questions of fact with provides that if the Commission 8. WVAB’s operational history from respect to the WBVA Renewal determines, after notice and opportunity April 1, 2008 through November 30, Application and the WVAB Renewal for hearing, that the licensee has failed 2017 is as follows: (a) Silent for 1231 Application, which present only a to meet the standard of section days during the remaining license term narrow range of issues for Commission 309(k)(1), 47 U.S.C. 309(k)(1), and that from April 1, 2008 to October 1, 2011 consideration. Thus, many Subpart B no mitigating factors justify the (with 157 of those days unauthorized) rules are facially irrelevant to this imposition of lesser sanctions, the and for 1943 days from October 2, 2011 proceeding. In these circumstances, we Commission shall issue an order to November 30, 2017 (with 153 of those find that the use of summary procedures denying the license renewal application days unauthorized); and (b) operating at would expedite the resolution of this for the station. 6 watts of power pursuant to STA for 48 hearing while affording Birach the full 4. The assignment of the licenses of days during the remaining license term hearing required by section 309, 47 WBVA and WVAB from an estate in in 2009–2011 (16 days in 2009, 10 days U.S.C. 309, and not placing unnecessary bankruptcy to Birach was consummated in 2010, and 22 days in 2011) and for burdens on the licensee. Accordingly, on April 1, 2008. WBVA’s operational 309 days from the end of the license we find that the following rules are history since that date is as follows: (a) term until November 30, 2017 (14 days either inapplicable to or would serve no Silent for 1225 days during the in 2012, 6 days in 2013, 9 days in 2014, useful purpose in this proceeding: 47

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CFR 1.221(c)–(h); 1.241–1.253; 1.255– record in this docket. Birach has the would constitute a pattern of abuse; and 1.279; 1.282(a) and (b)(2); 1.297–1.340; burden of proceeding with evidence and (d) In light of the evidence adduced and 1.352–1.364. the burden of proof in this hearing. pursuant to issue (c) above, whether the 12. Anyone seeking status as a party Within 60 days of publication of notice captioned application for renewal of the in interest in this proceeding must file of the Order in the Federal Register, license for Station WVAB(AM) should a petition to intervene in accordance Birach will file a written direct case on be granted on such terms and conditions with 47 CFR 1.223(a). Anyone else the designated issues for WBVA and as are appropriate, including renewal seeking to participate in the hearing as WVAB, no longer than 50 pages, and for a term less than the maximum a party may file a petition for leave to supported by an affidavit or unsworn otherwise permitted, or denied due to intervene in accordance with 47 CFR declaration pursuant to 47 CFR 1.16. failure to satisfy the requirements of 1.223(b). Any filing in this docket must Within 30 days of Birach’s filing, any section 309(k)(1) of the Communications be served in accordance with 47 CFR other person granted party status may Act of 1934, as amended, 47 U.S.C. 1.211 on all other parties, including file a responsive submission, no longer 309(k)(1). each person or entity that has filed a than 25 pages and supported by an 17. It is further ordered, pursuant to petition to intervene or petition for affidavit or unsworn declaration. Within section 309(e) of the Communications leave to intervene, pending a ruling on 10 days of the deadline for filing such Act of 1934, as amended, 47 U.S.C. each such petition. We expect that responses, Birach may file a rebuttal 309(e), and section 1.254 of the intervenor status will be granted only submission addressing all responses, no Commission’s rules, 47 CFR 1.254, that with respect to a specific Birach station longer than 25 pages and supported by the burden of proceeding with the unless a showing is made that the an affidavit or unsworn declaration. introduction of evidence and the burden intervenor has standing to participate 16. Accordingly, it is ordered, of proof with respect to the issues more broadly. pursuant to sections 309(e) and (k)(3) specified in Paragraph 22 of the Order 13. Birach shall have the right to seek shall be on the applicant, Birach reconsideration of any interlocutory and 312(g) of the Communications Act of 1934, as amended, 47 U.S.C. 309(e), Broadcasting Corporation. action in this proceeding. Accordingly, 18. It is further ordered that Birach we waive the 47 CFR 1.106(a) restriction 309(k)(3) and 312(g), the captioned Broadcasting Corporation is made a limiting the filing of a petition for applications for renewal of licenses for party to this proceeding. reconsideration by Birach of this Stations WBVA(AM) and WVAB(AM) 19. It is further ordered that, to avail hearing designation order. are designated for a hearing upon the 14. Birach shall file in this docket, following issues: (a) To determine, with itself of the opportunity to be heard and within 30 days of publication of notice respect to Station WBVA(AM), Bayside, the right to present evidence at a of the Order in the Federal Register, Virginia, whether, during the preceding hearing in these proceedings, Birach complete copies of the following records license term, (i) the station has served Broadcasting Corporation shall file for WBVA and WVAB (as such records the public interest, convenience, and complete and correct copies of the exist as of the release date of the Order): necessity, (ii) there have been any documents described in Paragraph 20 of (a) All station logs for the relevant serious violations by the licensee of the the Order, on or before the date license term; (b) all quarterly issues and Communications Act of 1934, as specified. If Birach Broadcasting programs lists for the relevant license amended, or the rules and regulations of Corporation fails to file such documents term; and (c) to the extent not included the Commission, and (iii) there have for either WBVA(AM) or WVAB(AM) in the station logs, all EAS System been any other violations of the within the time specified, or a petition participant records for the relevant Communications Act of 1934, as to accept, for good cause shown, such license term. Birach may not destroy or amended, or the rules and regulations of filing beyond the expiration of such remove any of such records prior to the Commission which, taken together, period, its captioned license renewal such filing, or redact or modify any would constitute a pattern of abuse; (b) application for such station shall be information in such records as they In light of the evidence adduced dismissed with prejudice for failure to exist as of the release date of the Order. pursuant to issue (a) above, whether the prosecute and the license of such station In the event that, on or after the release captioned application for renewal of the shall be terminated. date of the Order, Birach creates or license for Station WBVA(AM) should 20. It is further ordered that Birach modifies any documents that it so be granted on such terms and conditions Broadcasting Corporation shall, provides, each such document should as are appropriate, including renewal pursuant to section 311(a)(2) of the be prominently marked with the date for a term less than the maximum Communications Act of 1934, as that it was created or revised otherwise permitted, or denied due to amended, 47 U.S.C. 311(a)(2), and 47 (identifying the revision(s)) and Birach failure to satisfy the requirements of CFR 73.3594, give notice of the hearing should include in the sponsoring section 309(k)(1) of the Communications within the time and in the manner affidavit or declaration an explanation Act of 1934, as amended, 47 U.S.C. prescribed therein, and thereafter of who created or revised the document 309(k)(1); (c) To determine, with respect submit the statement described in 47 and when he or she did so. We to Station WVAB(AM), Virginia Beach, CFR 73.3594(g). otherwise will conduct the hearing Virginia, whether, during the preceding 21. It is further ordered that a copy of without discovery, although the license term, (i) the station has served this Order shall be sent by Certified Commission or its staff may make the public interest, convenience, and Mail, Return Receipt Requested, and by inquiries or conduct investigations necessity, (ii) there have been any regular first-class mail to Birach pursuant to Part 73 of the Rules and any serious violations by the licensee of the Broadcasting Corporation, 21700 reports filed in this docket as a result of Communications Act of 1934, as Northwestern Highway, Tower 14, Suite such inquiries or investigations will amended, or the rules and regulations of 1190, Southfield MI 48075, with a copy become part of the record in this the Commission, and (iii) there have to its counsel of record, John C. Trent, hearing. been any other violations of the Esq., 200 South Church Street, 15. We will take official notice of all Communications Act of 1934, as Woodstock, VA 22664. publicly-available Commission records amended, or the rules and regulations of 22. It is further ordered that the for WBVA and WVAB as part of the the Commission which, taken together, Secretary of the Commission shall cause

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to have this Order or a summary thereof CONTACT PERSON FOR MORE INFORMATION: SUMMARY: The Centers for Disease published in the Federal Register. Judith Ingram, Press Officer; Telephone: Control and Prevention CDC is seeking nominations for membership on the Federal Communications Commission. (202) 694–1220. BSC, NCIPC. The BSC, NCIPC consists Marlene H. Dortch, Dayna C. Brown, of 18 experts in fields associated with Secretary. Secretary and Clerk of the Commission. surveillance, basic epidemiologic [FR Doc. 2018–04942 Filed 3–9–18; 8:45 am] [FR Doc. 2018–04999 Filed 3–8–18; 11:15 am] research, intervention research, and BILLING CODE 6712–01–P BILLING CODE 6715–01–P implementation, dissemination, and evaluation of promising and evidence- based strategies for the prevention of GOVERNMENT ACCOUNTABILITY injury and violence. Nominations are FEDERAL ELECTION COMMISSION OFFICE being sought for individuals who have expertise and qualifications necessary to Sunshine Act Meeting Comptroller General’s Advisory contribute to the accomplishments of Council on Government Auditing the committee’s objectives. Nominees TIME AND DATE: Wednesday, March 14, Standards; Notice of Meeting will be selected based on expertise in 2018 at 2:00 p.m. The Advisory Council on Government the fields of knowledgeable in the Auditing Standards will meet Tuesday, pertinent disciplines involved in injury PLACE: 999 E Street NW, Washington, and violence prevention, including, but April 10, 2018, from 9:00 a.m. to 3:15 DC (Ninth Floor). not limited to, epidemiologists, p.m., in the Staats Briefing Room (7C13) statisticians, trauma surgeons, STATUS: This meeting will be open to the of the U.S. Government Accountability rehabilitation medicine specialists, public. Office building, 441 G Street NW, behavioral scientists, health economists, Washington, DC. CHANGES IN THE MEETING: This meeting program evaluation specialists, political The Advisory Council on Government has been moved from Tuesday, March science, law, criminology and Auditing Standards will hold a meeting 13 at 10:00 a.m. to Wednesday, March specialists in various aspects of injury to discuss updates and revisions to the management. Federal employees will 14 at 2:00 p.m. Government Auditing Standards. The not be considered for membership. MATTERS TO BE CONSIDERED: REG 2011– meeting is open to the public. Members Members may be invited to serve for 02: Draft Notice of Proposed of the public will be provided an four-year terms. opportunity to address the Council with Rulemaking on internet Communication DATES: a brief (five-minute) presentation in the Nominations for membership on Disclaimers and Definition of ‘‘Public the NCIPC BSC must be received no Communication.’’ afternoon on matters directly related to the proposed update and revision. later than June 1, 2018. Packages Management and Administrative Any interested person who plans to received after this time will not be Matters. attend the meeting as an observer must considered for the current membership cycle. CONTACT PERSON FOR MORE INFORMATION: contact Cecil Davis, Engagement ADDRESSES: All nominations should be Judith Ingram, Press Officer, Telephone: Operations Assistant, 202–512–9362. A emailed to [email protected]. (202) 694–1220. form of picture identification must be presented to the GAO Security Desk on FOR FURTHER INFORMATION CONTACT: Dr. Individuals who plan to attend and the day of the meeting to obtain access Gwendolyn Haile Cattledge, Designated require special assistance, such as sign to the GAO building. You must enter the Federal Official for the NCIPC BSC, language interpretation or other building at the G Street entrance. For telephone (770) 488–1430, Email: reasonable accommodations, should further information, please contact Ms. [email protected]. contact Dayna C. Brown, Secretary and Davis. The meeting agenda will be SUPPLEMENTARY INFORMATION: The U.S. Clerk, at (202) 694–1040, at least 72 available upon request one week before Department of Health and Human hours prior to the meeting date. the meeting. Services policy stipulates that Dayna C. Brown, Authority: Pub. L. 67–13, 42 Stat. 20 (June committee membership be balanced in 10, 1921). terms of points of view represented, and Secretary and Clerk of the Commission. the committee’s function. Appointments [FR Doc. 2018–05068 Filed 3–8–18; 4:15 pm] James R. Dalkin, shall be made without discrimination BILLING CODE 6715–01–P Director, Financial Management and on the basis of age, race, ethnicity, Assurance. gender, sexual orientation, gender [FR Doc. 2018–04934 Filed 3–9–18; 8:45 am] identity, HIV status, disability, and FEDERAL ELECTION COMMISSION BILLING CODE 1610–02–P cultural, religious, or socioeconomic status. Nominees must be U.S. citizens, Sunshine Act Meetings and cannot be full-time employees of DEPARTMENT OF HEALTH AND the U.S. Government. Current FEDERAL REGISTER CITATION NOTICE OF HUMAN SERVICES participation on federal workgroups or PREVIOUS ANNOUNCEMENT: 83 FR 9316 prior experience serving on a federal (March 5, 2018). Centers for Disease Control and advisory committee does not disqualify Prevention PREVIOUSLY ANNOUNCED TIME AND DATE OF a candidate; however, HHS policy is to avoid excessive individual service on THE MEETING: Thursday, March 8, 2018 Solicitation of Nominations for at 10:00 a.m. advisory committees and multiple Appointment to the Board of Scientific committee memberships. Committee CHANGES IN THE MEETING: The Following Counselors, National Center for Injury members are Special Government Item Was Also Discussed: Draft Prevention and Control, (BSC, NCIPC) Employees, requiring the filing of Advisory Opinion 2018–01—Libertarian financial disclosure reports at the ACTION: Notice. Party of Utah. beginning and annually during their

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