Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations involving persons who were not parties to the litigation, the Department must 1 Publish that document, either in full or by citation if publicly available, in the Federal Register or on the Departments guidance repository described in 1.4, and 2 Publish an explanation of the documents jurisdictional implications.
c Before seeking judicial deference to the Departments interpretation of a document arising out of litigation other than a publicly published opinion of an adjudicator in order to establish a new or expanded claim of jurisdiction in a different case, the Department must 1 Publish the document or a notice of availability in the Federal Register or on the Departments guidance repository described in 1.4, and 2 Publish an explanation of the documents jurisdictional implications.
7. Section 1.9 is added to read as follows:

khammond on DSKJM1Z7X2PROD with RULES

1.9 Opportunity to contest agency determination.

a Departmental overview. Except as provided in paragraph c of this section, prior to the Department taking any civil enforcement action with respect to a particular entity that has legal consequence for that entity, including by issuing to such a person a notice of noncompliance, or other similar notice that has immediate regulatory consequence, but excluding communications that have no immediate regulatory implications for the entity, such as those that serve as an interim step in the agencys compliance communications with the entity or that are intended to encourage voluntary compliance, the Department shall provide 1 Written notice to the affected entity of the initial legal and factual determinations underpinning the initial adverse determination;
2 An opportunity for the affected entity to respond in writing and, if determined appropriate by the Department, orally; and 3 A written response from the Department to the affected entity after receiving a timely request from the affected entity under paragraph a2 of this section.
b Timing and content of written responses. 1 The Department will select a meaningful amount of time in which the affected entity must submit a written response to the Department.
This writing must be submitted within the time period specified by the Department, unless the Department concludes an extension is warranted, and state the reasons for the entitys disagreement with the Departments
VerDate Sep<11>2014

18:22 Jan 13, 2021

Jkt 253001

proposed action for purposes of requiring a response in accordance with paragraph a3 of this section.
2 The Departments written response must respond to the affected entity and articulate the basis for its final decision.
This written response may be issued contemporaneous to the Department taking the action with legal consequence.
c Exceptions. The procedures in paragraphs a and b of this section do not apply where the Department, in its discretion, determines there is a serious threat to health, safety, or similar emergency, or where a statute specifically authorizes proceeding without a prior opportunity to be heard.
In such event, HHS would still provide an affected entity with an opportunity to be heard and a written response as soon as practicable. The procedures in paragraphs a and b do not apply to settlement negotiations between agencies and regulated parties, to notices of a prospective legal action, to litigation before courts, or any action related to a criminal investigation or prosecution, including undercover operations that may be used in a criminal investigation or prosecution, or any civil enforcement action either related to an investigation by the Department of Justice, or referred to the Department of Justice.
Dated: January 7, 2021.
Alex M. Azar II, Secretary, Department of Health and Human Services.
FR Doc. 202100592 Filed 11221; 4:15 pm BILLING CODE 415026P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
MB Docket No. 20340; RM11865; DA 20
1425; FRS 17287

Television Broadcasting Services;
Minneapolis, Minnesota.
Federal Communications Commission.
ACTION: Final rule.
AGENCY:

The Media Bureau, Video Division Bureau has before it a Notice of Proposed Rulemaking issued in response to a petition for rulemaking filed by Multimedia Holdings Corporation Multimedia, licensee of KARE, channel 11, Minneapolis, Minnesota, requesting the substitution of channel 31 for channel 11 at Minneapolis in the DTV Table of Allotments. The Bureau had instituted a
SUMMARY:

PO 00000

Frm 00063

Fmt 4700

Sfmt 4700

3015

freeze on the acceptance of rulemaking petitions by full power television stations requesting channel substitutions in May 2011 and waived the freeze to consider Multimedias proposal to substitute channel 31 at Minneapolis. TEGNA, Inc., filed comments in support of the petition reaffirming its commitment to applying for channel 31. The Bureau believes the public interest would be served by the substitution and will permit the station to better serve its viewers, who have experienced reception problems with VHF channel 11.
DATES:

Effective January 14, 2021.

FOR FURTHER INFORMATION CONTACT:

Joyce Bernstein, Media Bureau, at Joyce.Bernstein@fcc.gov.
This is a synopsis of the Commissions Report and Order, MB Docket No. 20340; RM
11865; DA 201425, adopted December 2, 2020, and released December 2, 2020.
The full text of this document is available for download at https
www.fcc.gov/edocs. 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 Consumer & Governmental Affairs Bureau at 2024180530 voice, 202
4180432 tty.
This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 10413. In addition, therefore, it does not contain any proposed information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C.
3506c4. Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601
612, do not apply to this proceeding.
The Commission will 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.
801a1A.

SUPPLEMENTARY INFORMATION:

List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan, Chief of Staff, Media Bureau.

Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows:

E:FRFM14JAR1.SGM

14JAR1