Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 78655 

[FR Doc. 2023–25239 Filed 11–15–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[GN Docket No. 16–142; FCC 23–53; FR ID 

184482] 

Authorizing Permissive Use of the 

‘‘Next Generation’’ Broadcast 

Television Standard 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with the Commission’s rules 

in a Report and Order on authorizing 

permissive use of the ‘‘Next Generation’’ 

Broadcast Television Standard. This 

document is consistent with the 

Commission’s Report and Order, which 

stated that the Commission would 

publish a document in the Federal 

Register announcing the effective date 

of those rules. 

DATES: The amendments to 47 CFR 

73.3801(f) and (i), 73.6029(f) and (i), and 

74.782(g) and (j) are published at 88 FR 

45347, July 17, 2023 are effective as of 

November 16, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Evan Baranoff, Policy Division, Media 

Bureau, at 202–418–7142, or via email 

at evan.baranoff@ffc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on November 

7, 2023, OMB approved the information 

collection requirements contained in 

§§ 73.3801, 73.6029, and 74.782 of the 

Commission’s rules. The OMB Control 

Number is 3060–1254. The Commission 

publishes this document as an 

announcement of the effective date of 

these rules. If you have any comments 

on the burden estimates listed below, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 3–317, 45 L Street 

NE, Washington, DC 20554. Please 

include the OMB Control Number, 

3060–1254, in your correspondence. 

The Commission will also accept your 

comments via email at PRA@fcc.gov. 

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 and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on 

November 7, 2023, for the information 

collection requirements contained in 

§§ 73.3801, 73.6029, and 74.782 of the 

Commission’s rules. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1254. 

OMB Approval Date: November 7, 

2023. 

OMB Expiration Date: November 30, 

2026. 

Title: Next Gen TV/ATSC 3.0 Local 

Simulcasting Rules; 47 CFR 73.3801 

(full-power TV), 73.6029 (Class A TV), 

and 74.782 (low-power TV) and FCC 

Form 2100 (Next Gen TV License 

Application). 

Form Number: FCC Form 2100 (Next 

Gen TV License Application). 

Respondents: Business or other forprofit entities, state, local, or tribal 

government and not for profit 

institutions. 

Number of Respondents and 

Responses: 1,222 respondents; 11,260 

responses. 

Estimated Time per Response: 0.017– 

8 hours. 

Frequency of Response: On occasion 

reporting requirement; Recordkeeping 

requirement; Third party disclosure. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in sections 1, 

4, 7, 301, 303, 307, 308, 309, 316, 319, 

325(b), 336, 338, 399b, 403, 614, and 

615 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 154, 157, 

301, 303, 307, 308, 309, 316, 319, 

325(b), 336, 338, 399b, 403, 534, and 

535. 

Total Annual Burden: 3,802 hours. 

Total Annual Cost: $147,000. 

Needs and Uses: On June 23, 2023, 

the Commission released a Third Report 

and Order (Third R&O), FCC 23–53, in 

GN Docket No. 16–142. In this Third 

R&O, the Commission makes changes to 

its Next Gen TV rules designed to 

preserve over-the-air (OTA) television 

viewers’ access to multicast streams 

during television broadcasters’ 

transition to ATSC 3.0. 

Multicast Licensing. The Commission 

generally adopts its proposal in the Next 

Gen TV Multicast Licensing FNPRM to 

allow a Next Gen TV station to seek 

modification of its license to include 

certain of its non-primary video 

programming streams (multicast 

streams) that are aired on ‘‘host’’ 

stations during a transitional period. In 

adopting this proposal, the Commission 

follows the same licensing framework, 

and to a large extent the same regulatory 

regime, established for the simulcast of 

primary video programming streams on 

‘‘host’’ station facilities. 

Form 2100. The Commission adopts 

the Next Gen TV Multicast Licensing 

FNPRM’s proposal to modify its Next 

Gen TV license application form (FCC 

Form 2100) to accommodate multicast 

licensing by collecting information 

similar to that already collected in the 

interim STA process. The Commission 

requires certain additional information 

as an addendum to Form 2100 if 

stations seek to include hosted multicast 

streams within their license. It also 

clarifies and slightly modifies the 

requirements of its rules governing 

Form 2100 to reflect the possibility of 

reliance on multiple hosts. 

Specifically, applicants must prepare 

an Exhibit identifying each proposed 

hosted stream and provide the following 

information about each stream, as 

broadcast: 

• the host station; 

• channel number (RF and virtual); 

• network affiliation (or type of 

programming if unaffiliated); 

• resolution (e.g., 1080i, 720p, 480p, 

or 480i); 

• the predicted percentage of 

population within the noise limited 

service contour served by the station’s 

original ATSC 1.0 signal that will be 

served by the host, with a contour 

overlay map identifying areas of service 

loss and, in the case of 1.0 streams, 

coverage of the originating station’s 

community of license; and 

• whether the stream will be 

simulcast, and if so, the ‘‘paired’’ stream 

in the other service. 

Finally, the Exhibit must either state 

that the applicant will be airing the 

same programming that it is airing in 1.0 


lotter on DSK11XQN23PROD with RULES1
78656 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 

at the time of the application or identify 

the station that has aired or is airing the 

same or a similar programming lineup at 

the same resolutions on the same type 

of facility (individual or shared), as well 

as that station’s lineup (with 

resolutions). This Exhibit must be 

placed on the applicant’s public website 

or in the applicant’s online public 

inspection file if the station does not 

have a dedicated website, with a link 

provided in the application. This 

information is consistent both with that 

currently collected in STA applications 

and the approach identified in the Next 

Gen TV Multicast Licensing FNPRM. As 

with broadcast licenses generally, 

modifications to this license application 

or its accompanying exhibit (with 

respect to the primary or multicast 

streams) must be preceded by the filing 

and approval of a new application. 

Changes to the affiliation or content of 

a stream, or the elimination of a stream, 

however, do not implicate the concerns 

raised in this proceeding if they would 

not result in the use of additional 

capacity and if information about the 

change is easily available to the public. 

Therefore, in order to streamline this 

process for both broadcasters and the 

Commission, such changes may be 

implemented without prior Commission 

approval. They need only be reflected in 

a timely update to the Exhibit that the 

applicant makes available on its public 

website or in the applicant’s online 

public inspection file and in an email 

notice to the Chief of the Media 

Bureau’s Video Division. The new 

information collection requirements are 

contained in §§ 73.3801(f) and (i), 

73.6029(f) and (i), and 74.782(g) and (j) 

of the Commission’s rules. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2023–25305 Filed 11–15–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 386 and 387 

[Docket No. FMCSA–2016–0102] 

RIN 2126–AC10 

Broker and Freight Forwarder 

Financial Responsibility 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends the 

regulations pertaining to financial 

responsibility requirements for brokers 

of property and freight forwarders in 

five separate areas: assets ‘‘readily 

available’’; immediate suspension of 

broker/freight forwarder operating 

authority; surety or trust responsibilities 

in cases of broker/freight forwarder 

financial failure or insolvency; 

enforcement authority; and entities 

eligible to provide trust funds for 

brokers and freight forwarders, which 

are filed using Form BMC–85, Broker’s 

or Freight Forwarder’s Trust Fund 

Agreement under 49 U.S.C. 13906 or 

Notice of Cancellation of the Agreement. 

DATES: 

Effective date: This regulation is 

effective January 16, 2024. 

Expiration dates: Section 387.307T, 

which contains the current regulations 

on broker of property surety bonds or 

trust funds, expires as of January 16, 

2025. 

Section 387.307, which contains the 

revised regulations on broker of 

property surety bonds or trust funds, is 

stayed until January 16, 2025. 

Compliance dates: Brokers, surety 

providers, and financial institutions 

must comply with the provisions 

regarding immediate suspension, 

financial failure or insolvency, and 

enforcement authority on January 16, 

2025. 

Brokers, surety providers, and 

financial institutions must comply with 

the provisions regarding assets readily 

available and entities eligible to provide 

trust funds for Form BMC–85 trust fund 

filings on January 16, 2026. 

Petition submittal date: Petitions for 

reconsideration of this final rule must 

be submitted to the FMCSA 

Administrator no later than December 

18, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey L. Secrist, Chief, Registration, 

Licensing, and Insurance Division, 

Office of Registration, FMCSA, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, (202) 385–2367, 

Jeff.Secrist@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: FMCSA 

organizes this final rule as follows: 

I. Availability of Rulemaking Documents 

II. Executive Summary 

A. Summary of Major Provisions 

B. Costs and Benefits 

III. Abbreviations 

IV. Legal Basis for the Rulemaking 

V. Discussion of Proposed Rulemaking and 

Comments 

A. Proposed Rulemaking 

B. Comments and Responses 

1. Assets Readily Available 

2. Immediate Suspension of Broker/Freight 

Forwarder Operating Authority 

3. Surety or Trust Responsibility in Case of 

Broker/Freight Forwarder Financial 

Failure or Insolvency 

4. Enforcement Authority 

5. Entities Eligible To Provide Trust Funds 

for Form BMC–85 Trust Fund Filings 

6. Proposed Changes to the Regulatory Text 

7. Implementation Timeline 

8. Out of Scope Comments 

VI. Discussion of the Final Rule 

A. Assets Readily Available 

B. Immediate Suspension of Broker/Freight 

Forwarder Operating Authority 

C. Surety or Trust Responsibility in Case of 

Broker/Freight Forwarder Financial 

Failure or Insolvency 

D. Enforcement Authority 

E. Entities Eligible To Provide Trust Funds 

for Form BMC–85 Trust Fund Filings 

VII. Section-by-Section Analysis 

VIII. Severability 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), E.O. 

14094 (Modernizing Regulatory Review), 

and DOT Regulatory Policies and 

Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2016-0102/document and 

choose the document to review. To view 

comments, click this final rule, then 

click ‘‘Browse Comments.’’ If you do not 

have access to the internet, you may 

view the docket online by visiting 

Dockets Operations at U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

II. Executive Summary 

A. Summary of Major Provisions 

This final rule modifies the following 

five regulatory areas relating to broker 

and freight forwarder financial 

responsibility: 


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