Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 16159 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a notice of proposed 

rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in § 1.1204(a) of the 

Commission’s rules, 47 CFR 1.1204(a). 

See §§ 1.415 and 1.420 of the 

Commission’s rules for information 

regarding the proper filing procedures 

for comments, 47 CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Proposed Rule 

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 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

Allotments under Montana by revising 

the entry for Bozeman to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

*****

MONTANA 

*****

Bozeman ................... *8, 27 

*****

[FR Doc. 2022–05933 Filed 3–21–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–118; RM–11924; DA– 

22–252; FR ID 77497] 

Television Broadcasting Services 

Helena, Montana 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Federal Communications 

Commission (Commission) has before it 

a petition for rulemaking filed by 

Scripps Broadcasting Holdings LLC 

(Petitioner), the licensee of KTVH–DT, 

channel 12, Helena, Montana. The 

Petitioner requests the substitution of 

channel 31 for channel 12 at Helena in 

the Table of Allotments. 

DATES: Comments must be filed on or 

before April 21, 2022 and reply 

comments on or before May 6, 2022. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 22–118, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

apps.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent 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. 

• 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 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

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 Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

In addition to filing comments with 

the FCC, interested parties should serve 

counsel for the Petitioner as follows: 

Christina A. Burrow, Esq., Cooley LLP, 

1299 Pennsylvania Avenue NW, 

Washington, DC 20004–2400. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking, MB Docket No. 

22–118; RM–11924; DA 22–252, 

adopted on March 10, 2022, and 

released on March 10, 2022. The full 

text of this document is available for 

download at https://www.fcc.gov/edocs. 

To request materials in accessible 

formats (braille, large print, computer 

diskettes, or audio recordings), please 

send an email to FCC504@fcc.gov or call 

the Consumer & Government Affairs 

Bureau at (202) 418–0530 (VOICE), (202) 

418–0432 (TTY). 

In support, the Petitioner states that 

the Commission has recognized that 

VHF channels have certain 

characteristics that pose challenges for 

their use in providing digital television 

service, including propagation 

characteristics that allow undesired 

signals and noise to be receivable at 

relatively far distances. According to the 

Petitioner, it has received many 

complaints from viewers unable to 

receive a reliable signal on channel 12. 

The proposed channel 31 contour 

would continue to reach virtually all of 

the population within the Station’s 

current service area and fully cover the 

city of Helena. An analysis using the 

Commission’s TVStudy software tool 

indicates that KTVH–DT’s move from 

channel 12 to channel 31 is predicted to 

create an area where 2,168 persons are 

predicted to lose service. The loss area, 

however, is partially overlapped by the 

noise limited contours of other NBC 

affiliated stations and reduces the 

number of people who are predicted to 

lose NBC network service to 226 

persons. Taking these other stations into 

account, less than 500 persons would 

lose NBC service if KTVH moves to 

channel 31, which Petitioner argues is 

de minimis. We note that in its 

calculation of viewer loss, Scripps relies 

on the NBC network service provided by 

Class A television station KDBZ–CD, 

Bozeman, Montana, as well as low 

power television (LPTV) station KTGF– 

LD, Great Falls, Montana, which is the 

NBC network affiliate in Great Falls. 


lotter on DSK11XQN23PROD with PROPOSALS1
16160 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 

While the LPTV station is secondary 

and can be displaced, we believe given 

the rural nature of Montana and 

neighboring states it is unlikely the 

LPTV station would be displaced, and if 

it was, Scripps would easily be able to 

find a displacement channel for it. 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. 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 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a notice of proposed 

rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in § 1.1204(a) of the 

Commission’s rules, 47 CFR 1.1204(a). 

Pursuant to §§ 1.415 and 1.420 of the 

Commission’s rules, 47 CFR 1.415, 

1.420, 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). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

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 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

Allotments under Montana by revising 

the entry for Helena to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

MONTANA 

* * * * * 

Helena ....................... 29, 31 

* * * * * 

[FR Doc. 2022–05863 Filed 3–21–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2021–0093] 

RIN 2105–AE94 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs: Addition of Oral Fluid 

Specimen Testing for Drugs; 

Extension of Comment Period 

AGENCY: Office of the Secretary, U.S. 

Department of Transportation (DOT). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The U.S. Department of 

Transportation is extending the 

comment period for its oral fluid notice 

of proposed rulemaking. The original 

comment period would close on March 

30, 2022. The extension is granted in 

response to requests received from 

stakeholders, who have stated the 

March 30 closing date does not provide 

sufficient time for them to prepare and 

submit of comments to the docket. The 

Department agrees to extend the 

comment period by 30 days. Therefore, 

the closing date for submission of 

comments is extended to April 29, 2022, 

which will provide those entities 

submitting requests for an extension and 

others interested in commenting on the 

proposed rulemaking additional time to 

submit comments to the docket. 

DATES: The comment period for the 

proposed rule published February 28, 

2022, at 87 FR 11156, is extended. 

Comments must be received on or 

before April 29, 2022. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

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

DOT-OST-2021-0093/document and 

follow the online instructions for 

submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE, West Building 

Ground Floor Room W12–140, 

Washington, DC 20590–0001. 

• Hand delivery: West Building 

Ground Floor, Room W–12–140, 1200 

New Jersey Ave. SE, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

Instructions: To ensure proper 

docketing of your comment, please 

include the agency name and docket 

number DOT–OST–2021–0093 or the 

Regulatory Identification Number (RIN), 

2105–AE94 for the rulemaking at the 

beginning of your comments. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Patrice M. Kelly, JD, Office of Drug and 

Alcohol Policy and Compliance, 1200 

New Jersey Avenue SE, Washington, DC 

20590; telephone number 202–366– 

3784; ODAPCwebmail@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 28, 2022, at 87 FR 11156, 

DOT published in the Federal Register 

a notice of proposed rulemaking 

proposing to amend its transportation 

industry drug testing program 

procedures regulations, 49 CFR part 40, 

to include oral fluid testing. The 

proposal includes other provisions to 

update the Department’s regulation, and 

to harmonize, as needed, with the new 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs using 

Oral Fluid established by the U.S. 

Department of Health and Human 

Services. In addition to adding oral fluid 

as a drug testing method and 

harmonizing with pertinent OFMG 

sections, we also propose to clarify 

certain part 40 provisions that cover 

urine drug testing procedures; to remove 

provisions that no longer are necessary; 

to add clarifying language to other 

provisions such as updated definitions 

and web links, as appropriate; and to 

update provisions to reflect issues that 

have arisen in recent practice. 

All members of the public, including 

DOT-regulated employers and 

employees, urine collectors, HHS–NLCP 

certified laboratories, Medical Review 

Officers, Substance Abuse Professionals, 

and Consortium/Third Party 

Administrations, Transportation trade 

organizations, and labor organizations 

are invited to submit comments. 

The original comment period for the 

proposal would have closed March 30, 


lotter on DSK11XQN23PROD with PROPOSALS1