Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 34627 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it modifies the 

Class E airspace at Dillon Airport, 

Dillon, MT, to ensure the safety and 

management of IFR operations at the 

airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 18484; April 9, 2021) for 

Docket No. FAA–2021–0210 to modify 

the Class E airspace at Dillon Airport, 

Dillon, MT. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. One 

comment, in favor of the airspace 

modification, was received. 

Class E5 airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11E, dated July 21, 2020, 

and effective September 15, 2020, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to 14 CFR part 71 

modifies the Class E airspace, extending 

upward from 1,200 feet above the 

surface, at Dillon Airport, Dillon, MT. 

This airspace is designed to contain IFR 

aircraft transitioning to/from the 

terminal and en route environments. 

This action increases the airspace’s 

radius from ‘‘25 miles’’ to ‘‘50 miles’’ 

around the airport. The 50-mile radius 

will properly contain IFR aircraft 

transitioning to/from the airport. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial, and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant the preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM MT E5 Dillon, MT [Amended] 

Dillon Airport, MT 

(Lat. 45°15′19′′ N, long. 112°33′09′′ W) 

That airspace extending upward from 700 

feet above the surface within a 5.2-mile 

radius of the airport, and within 3 miles each 

side of the 205° bearing from the airport, 

extending from the 5.2-mile radius to 9.9 

miles southwest of the airport, and that 

airspace within 8 miles west and 4 miles east 

of the 005° bearing from the airport, 

extending from the 5.2-mile radius to 16 

miles north of the airport; and that airspace 

extending upward from 1,200 feet above the 

surface within a 50-mile radius of Dillon 

Airport. 

Issued in Des Moines, Washington, on June 

24, 2021. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2021–13895 Filed 6–29–21; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 14–50, 09–182, 07–294, 04– 

256, 17–289; DA 21–656; FR ID 33718] 

Media Bureau Reinstates 

Commission’s Prior Rule Changes 

Regarding Media Ownership 

Consistent With the U.S. Supreme 

Court’s Decision 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, consistent 

with the U.S. Supreme Court’s decision 

in FCC v. Prometheus Radio Project, the 

Media Bureau of the Federal 

Communications Commission reinstates 

the rule changes that were previously 

adopted by the Commission in its media 

ownership proceedings but then vacated 

and remanded by the U.S. Third Circuit 

Court of Appeals in 2019. As such, the 

Newspaper/Broadcast Cross-Ownership 

Rule, the Radio/Television CrossOwnership Rule, and the Television 

Joint Sales Agreement Attribution Rule 

are eliminated, and the Local Television 

Ownership Rule and Local Radio 

Ownership Rule are reinstated as 

adopted in the Commission’s 2017 

Order on Reconsideration. In addition, 

the eligible entity standard and its 


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34628 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 

application to regulatory measures as set 

forth in the Commission’s 2016 Second 

Report and Order are reinstated. Finally, 

the regulatory measures adopted in the 

Commission’s 2018 Incubator Order are 

reinstated. 

DATES: Effective June 30, 2021. 

FOR FURTHER INFORMATION CONTACT: Ty 

Bream, Industry Analysis Division, 

Media Bureau, Ty.Bream@fcc.gov, (202) 

418–0644. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order in 

MB Docket Nos. 14–50, 09–182, 07–294, 

04–256, and 17–289, DA 21–656, that 

was adopted and released on June 4, 

2021. The full text of this document is 

available for public inspection online at 

https://docs.fcc.gov/public/ 

attachments/DA-21-656A1.pdf. 

Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. Alternative 

formats are available for people with 

disabilities (Braille, large print, 

electronic files, audio format, etc.) and 

reasonable accommodations (accessible 

format documents, sign language 

interpreters, CART, etc.) may be 

requested by sending an email to 

fcc504@fcc.gov or calling the FCC’s 

Consumer and Governmental Affairs 

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

418–0432 (TTY). 

Synopsis 

1. In FCC v. Prometheus Radio 

Project, 141 S.Ct. 1150 (2021), the U.S. 

Supreme Court reversed the decision of 

the U.S. Court of Appeals for the Third 

Circuit in Prometheus Radio Project v. 

FCC, 939 F.3d 567 (3rd Cir. 2019), 

regarding the Commission’s media 

ownership rules. The Third Circuit had 

vacated and remanded, in their entirety, 

the Commission’s 2018 Incubator Order 

(83 FR 43773, Aug. 28, 2018) and the 

Commission’s 2017 Order on 

Reconsideration (83 FR 755, Jan. 8, 

2018). The Third Circuit also had 

vacated and remanded the definition of 

eligible entities adopted in the 

Commission’s 2016 Second Report and 

Order (81 FR 76262, Nov. 1, 2016). 

2. Consistent with the Supreme 

Court’s decision, the Media Bureau’s 

Order reinstates the changes adopted in 

the Incubator Order and Order on 

Reconsideration and the eligible entity 

definition as adopted in the Second 

Report and Order. As such, the 

Newspaper/Broadcast Cross-Ownership 

Rule, the Radio/Television CrossOwnership Rule, and the Television 

Joint Sales Agreement Attribution Rule 

are eliminated, and the Local Television 

Ownership Rule and Local Radio 

Ownership Rule are reinstated as 

adopted in the Order on 

Reconsideration. The presumption 

under the Local Radio Ownership Rule 

that would apply a two-prong test for 

waiver requests involving existing 

parent markets with multiple embedded 

markets is reinstated. Note 5 to 

§ 73.3555 is reinstated to the version as 

amended when the Commission 

adopted the streamlined procedures in 

March 2019 for reauthorizing television 

satellite stations when such stations are 

assigned or transferred. See Streamlined 

Reauthorization Procedures for 

Assigned or Transferred Television 

Satellite Stations, Modernization of 

Media Regulation Initiative (84 FR 

15125, Apr. 15, 2019). The Order on 

Reconsideration revised § 73.3613(d)(2) 

of the Commission’s rules regarding the 

filing requirement for joint sales 

agreements. Because that filing 

requirement has since been eliminated, 

the revision to § 73.3613(d)(2) adopted 

in the Order on Reconsideration is not 

reinstated. See Amendment of Section 

73.3613 of the Commission’s Rules 

Regarding Filing of Contracts, 

Modernization of Media Regulation 

Initiative (83 FR 65551, Dec. 21, 2018). 

3. In addition, the eligible entity 

standard and its application to 

regulatory measures as set forth in the 

Second Report and Order are reinstated. 

Finally, the regulatory measures 

adopted in the Incubator Order are 

reinstated. 

4. The Bureau finds that notice and 

comment are unnecessary for these rule 

amendments under 5 U.S.C. 553(b) 

because this ministerial order merely 

implements the decision of the U.S. 

Supreme Court. Because this Order is 

being adopted without notice and 

comment, the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., does not 

apply. 

5. Accordingly, it is ordered that 

§ 73.3555 of the Commission’s rules, 47 

CFR 73.3555, is amended as set forth in 

the Final Rules, effective upon 

publication in the Federal Register. 

Because of the need during the current 

broadcast station license renewal cycle 

to alert prospective applicants to the 

current, applicable rules, there is ‘‘good 

cause’’ under 5 U.S.C. 553(d) to make 

the rules effective immediately upon 

publication in the Federal Register. 

6. This action is taken pursuant to the 

authority contained in sections 1, 2(a), 

4(i) and (j), 5(c), 257, 303, 307, 308, 309, 

310, and 403 of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

152(a), 154(i), 154(j), 155(c), 257, 303, 

307, 308, 309, 310, and 403, section 

202(h) of the Telecommunications Act 

of 1996, and §§ 0.61 and 0.283 of the 

Commission’s rules, 47 CFR 0.61, 0.283. 

7. The Bureau has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that these rules are non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Order to Congress 

and the Government Accountability 

Office pursuant to 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 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. Amend § 73.3555 by: 

■ a. Revising paragraph (b); 

■ b. Removing and reserving paragraphs 

(c) and (d); 

■ c. In Note 2, revising the introductory 

text and paragraphs (a) through (d) and 

(g) through (k); 

■ d. Revising Note 4 through Note 7 and 

Note 9; and 

■ e. Removing Note 12. 

The revisions read as follows: 

§ 73.3555 Multiple ownership. 

* * * * * 

(b) Local television multiple 

ownership rule. (1) An entity may 

directly or indirectly own, operate, or 

control two television stations licensed 

in the same Designated Market Area 

(DMA) (as determined by Nielsen Media 

Research or any successor entity) if: 

(i) The digital noise limited service 

contours of the stations (computed in 

accordance with § 73.622(e)) do not 

overlap; or 

(ii) At the time the application to 

acquire or construct the station(s) is 

filed, at least one of the stations is not 

ranked among the top four stations in 

the DMA, based on the most recent allday (9 a.m.–midnight) audience share, 

as measured by Nielsen Media Research 

or by any comparable professional, 

accepted audience ratings service. 

(2) Paragraph (b)(1)(ii) (Top-Four 

Prohibition) of this section shall not 

apply in cases where, at the request of 

the applicant, the Commission makes a 


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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 34629 

finding that permitting an entity to 

directly or indirectly own, operate, or 

control two television stations licensed 

in the same DMA would serve the 

public interest, convenience, and 

necessity. The Commission will 

consider showings that the Top-Four 

Prohibition should not apply due to 

specific circumstances in a local market 

or with respect to a specific transaction 

on a case-by-case basis. 

* * * * * 

Note 2 to § 73.3555: In applying the 

provisions of this section, ownership and 

other interests in broadcast licensees will be 

attributed to their holders and deemed 

cognizable pursuant to the following criteria: 

a. Except as otherwise provided 

herein, partnership and direct 

ownership interests and any voting 

stock interest amounting to 5% or more 

of the outstanding voting stock of a 

corporate broadcast licensee will be 

cognizable; 

b. Investment companies, as defined 

in 15 U.S.C. 80a–3, insurance 

companies and banks holding stock 

through their trust departments in trust 

accounts will be considered to have a 

cognizable interest only if they hold 

20% or more of the outstanding voting 

stock of a corporate broadcast licensee, 

or if any of the officers or directors of 

the broadcast licensee are 

representatives of the investment 

company, insurance company or bank 

concerned. Holdings by a bank or 

insurance company will be aggregated if 

the bank or insurance company has any 

right to determine how the stock will be 

voted. Holdings by investment 

companies will be aggregated if under 

common management. 

c. Attribution of ownership interests 

in a broadcast licensee that are held 

indirectly by any party through one or 

more intervening corporations will be 

determined by successive multiplication 

of the ownership percentages for each 

link in the vertical ownership chain and 

application of the relevant attribution 

benchmark to the resulting product, 

except that wherever the ownership 

percentage for any link in the chain 

exceeds 50%, it shall not be included 

for purposes of this multiplication. For 

purposes of paragraph i. of this note, 

attribution of ownership interests in a 

broadcast licensee that are held 

indirectly by any party through one or 

more intervening organizations will be 

determined by successive multiplication 

of the ownership percentages for each 

link in the vertical ownership chain and 

application of the relevant attribution 

benchmark to the resulting product, and 

the ownership percentage for any link in 

the chain that exceeds 50% shall be 

included for purposes of this 

multiplication. [For example, except for 

purposes of paragraph (i) of this note, if 

A owns 10% of company X, which 

owns 60% of company Y, which owns 

25% of ‘‘Licensee,’’ then X’s interest in 

‘‘Licensee’’ would be 25% (the same as 

Y’s interest because X’s interest in Y 

exceeds 50%), and A’s interest in 

‘‘Licensee’’ would be 2.5% (0.1 × 0.25). 

Under the 5% attribution benchmark, 

X’s interest in ‘‘Licensee’’ would be 

cognizable, while A’s interest would not 

be cognizable. For purposes of 

paragraph i. of this note, X’s interest in 

‘‘Licensee’’ would be 15% (0.6 × 0.25) 

and A’s interest in ‘‘Licensee’’ would be 

1.5% (0.1 × 0.6 × 0.25). Neither interest 

would be attributed under paragraph i. 

of this note.] 

d. Voting stock interests held in trust 

shall be attributed to any person who 

holds or shares the power to vote such 

stock, to any person who has the sole 

power to sell such stock, and to any 

person who has the right to revoke the 

trust at will or to replace the trustee at 

will. If the trustee has a familial, 

personal or extra-trust business 

relationship to the grantor or the 

beneficiary, the grantor or beneficiary, 

as appropriate, will be attributed with 

the stock interests held in trust. An 

otherwise qualified trust will be 

ineffective to insulate the grantor or 

beneficiary from attribution with the 

trust’s assets unless all voting stock 

interests held by the grantor or 

beneficiary in the relevant broadcast 

licensee are subject to said trust. 

* * * * * 

g. Officers and directors of a broadcast 

licensee are considered to have a 

cognizable interest in the entity with 

which they are so associated. If any 

such entity engages in businesses in 

addition to its primary business of 

broadcasting, it may request the 

Commission to waive attribution for any 

officer or director whose duties and 

responsibilities are wholly unrelated to 

its primary business. The officers and 

directors of a parent company of a 

broadcast licensee, with an attributable 

interest in any such subsidiary entity, 

shall be deemed to have a cognizable 

interest in the subsidiary unless the 

duties and responsibilities of the officer 

or director involved are wholly 

unrelated to the broadcast licensee, and 

a statement properly documenting this 

fact is submitted to the Commission. 

[This statement may be included on the 

appropriate Ownership Report.] The 

officers and directors of a sister 

corporation of a broadcast licensee shall 

not be attributed with ownership of that 

licensee by virtue of such status. 

h. Discrete ownership interests will be 

aggregated in determining whether or 

not an interest is cognizable under this 

section. An individual or entity will be 

deemed to have a cognizable investment 

if: 

1. The sum of the interests held by or 

through ‘‘passive investors’’ is equal to 

or exceeds 20 percent; or 

2. The sum of the interests other than 

those held by or through ‘‘passive 

investors’’ is equal to or exceeds 5 

percent; or 

3. The sum of the interests computed 

under paragraph h. 1. of this note plus 

the sum of the interests computed under 

paragraph h. 2. of this note is equal to 

or exceeds 20 percent. 

i.1. Notwithstanding paragraphs e. 

and f. of this Note, the holder of an 

equity or debt interest or interests in a 

broadcast licensee subject to the 

broadcast multiple ownership rules 

(‘‘interest holder’’) shall have that 

interest attributed if: 

A. The equity (including all 

stockholdings, whether voting or 

nonvoting, common or preferred) and 

debt interest or interests, in the 

aggregate, exceed 33 percent of the total 

asset value, defined as the aggregate of 

all equity plus all debt, of that broadcast 

licensee; and 

B.(i) The interest holder also holds an 

interest in a broadcast licensee in the 

same market that is subject to the 

broadcast multiple ownership rules and 

is attributable under paragraphs of this 

note other than this paragraph i.; or 

(ii) The interest holder supplies over 

fifteen percent of the total weekly 

broadcast programming hours of the 

station in which the interest is held. For 

purposes of applying this paragraph, the 

term, ‘‘market,’’ will be defined as it is 

defined under the specific multiple 

ownership rule that is being applied, 

except that for television stations, the 

term ‘‘market’’ will be defined by 

reference to the definition contained in 

the local television multiple ownership 

rule contained in paragraph (b) of this 

section. 

2. Notwithstanding paragraph i.1. of 

this Note, the interest holder may 

exceed the 33 percent threshold therein 

without triggering attribution where 

holding such interest would enable an 

eligible entity to acquire a broadcast 

station, provided that: 

i. The combined equity and debt of 

the interest holder in the eligible entity 

is less than 50 percent, or 

ii. The total debt of the interest holder 

in the eligible entity does not exceed 80 

percent of the asset value of the station 

being acquired by the eligible entity and 

the interest holder does not hold any 

equity interest, option, or promise to 


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34630 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 

acquire an equity interest in the eligible 

entity or any related entity. For 

purposes of this paragraph i.2, an 

‘‘eligible entity’’ shall include any entity 

that qualifies as a small business under 

the Small Business Administration’s 

size standards for its industry grouping, 

as set forth in 13 CFR 121.201, at the 

time the transaction is approved by the 

FCC, and holds: 

A. 30 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet; or 

B. 15 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet, provided that no other 

person or entity owns or controls more 

than 25 percent of the outstanding stock 

or partnership interests; or 

C. More than 50 percent of the voting 

power of the corporation that will own 

the media outlet if such corporation is 

a publicly traded company. 

j. ‘‘Time brokerage’’ (also known as 

‘‘local marketing’’) is the sale by a 

licensee of discrete blocks of time to a 

‘‘broker’’ that supplies the programming 

to fill that time and sells the commercial 

spot announcements in it. 

1. Where two radio stations are both 

located in the same market, as defined 

for purposes of the local radio 

ownership rule contained in paragraph 

(a) of this section, and a party (including 

all parties under common control) with 

a cognizable interest in one such station 

brokers more than 15 percent of the 

broadcast time per week of the other 

such station, that party shall be treated 

as if it has an interest in the brokered 

station subject to the limitations set 

forth in paragraph (a) of this section. 

This limitation shall apply regardless of 

the source of the brokered programming 

supplied by the party to the brokered 

station. 

2. Where two television stations are 

both located in the same market, as 

defined in the local television 

ownership rule contained in paragraph 

(b) of this section, and a party 

(including all parties under common 

control) with a cognizable interest in 

one such station brokers more than 15 

percent of the broadcast time per week 

of the other such station, that party shall 

be treated as if it has an interest in the 

brokered station subject to the 

limitations set forth in paragraphs (b) 

and (e) of this section. This limitation 

shall apply regardless of the source of 

the brokered programming supplied by 

the party to the brokered station. 

3. Every time brokerage agreement of 

the type described in this Note shall be 

undertaken only pursuant to a signed 

written agreement that shall contain a 

certification by the licensee or permittee 

of the brokered station verifying that it 

maintains ultimate control over the 

station’s facilities including, 

specifically, control over station 

finances, personnel and programming, 

and by the brokering station that the 

agreement complies with the provisions 

of paragraph (b) of this section if the 

brokering station is a television station 

or with paragraph (a) of this section if 

the brokering station is a radio station. 

k. ‘‘Joint Sales Agreement’’ is an 

agreement with a licensee of a 

‘‘brokered station’’ that authorizes a 

‘‘broker’’ to sell advertising time for the 

‘‘brokered station.’’ 

1. Where two radio stations are both 

located in the same market, as defined 

for purposes of the local radio 

ownership rule contained in paragraph 

(a) of this section, and a party (including 

all parties under common control) with 

a cognizable interest in one such station 

sells more than 15 percent of the 

advertising time per week of the other 

such station, that party shall be treated 

as if it has an interest in the brokered 

station subject to the limitations set 

forth in paragraph (a) of this section. 

2. Every joint sales agreement of the 

type described in this Note shall be 

undertaken only pursuant to a signed 

written agreement that shall contain a 

certification by the licensee or permittee 

of the brokered station verifying that it 

maintains ultimate control over the 

station’s facilities, including, 

specifically, control over station 

finances, personnel and programming, 

and by the brokering station that the 

agreement complies with the limitations 

set forth in paragraph (a) of this section 

if the brokering station is a radio station. 

* * * * * 

Note 4 to § 73.3555: Paragraphs (a) and (b) 

of this section will not be applied so as to 

require divestiture, by any licensee, of 

existing facilities, and will not apply to 

applications for assignment of license or 

transfer of control filed in accordance with 

§ 73.3540(f) or § 73.3541(b), or to applications 

for assignment of license or transfer of 

control to heirs or legatees by will or 

intestacy, or to FM or AM broadcast minor 

modification applications for intra-market 

community of license changes, if no new or 

increased concentration of ownership would 

be created among commonly owned, 

operated or controlled broadcast stations. 

Paragraphs (a) and (b) of this section will 

apply to all applications for new stations, to 

all other applications for assignment or 

transfer, to all applications for major changes 

to existing stations, and to all other 

applications for minor changes to existing 

stations that seek a change in an FM or AM 

radio station’s community of license or create 

new or increased concentration of ownership 

among commonly owned, operated or 

controlled broadcast stations. Commonly 

owned, operated or controlled broadcast 

stations that do not comply with paragraphs 

(a) and (b) of this section may not be assigned 

or transferred to a single person, group or 

entity, except as provided in this Note, the 

Report and Order in Docket No. 02–277, 

released July 2, 2003 (FCC 02–127), or the 

Second Report and Order in MB Docket No. 

14–50, FCC 16–107 (released August 25, 

2016). 

Note 5 to § 73.3555: Paragraphs (b) and (e) 

of this section will not be applied to cases 

involving television stations that are 

‘‘satellite’’ operations. Such cases will be 

considered in accordance with the analysis 

set forth in the Report and Order in MM 

Docket No. 87–8, FCC 91–182 (released July 

8, 1991), as further explained by the Report 

and Order in MB Docket No. 18–63, FCC 19– 

17, (released March 12, 2019), in order to 

determine whether common ownership, 

operation, or control of the stations in 

question would be in the public interest. An 

authorized and operating ‘‘satellite’’ 

television station, the digital noise limited 

service contour of which overlaps that of a 

commonly owned, operated, or controlled 

‘‘non-satellite’’ parent television broadcast 

station may subsequently become a ‘‘nonsatellite’’ station under the circumstances 

described in the aforementioned Report and 

Order in MM Docket No. 87–8. However, 

such commonly owned, operated, or 

controlled ‘‘non-satellite’’ television stations 

may not be transferred or assigned to a single 

person, group, or entity except as provided 

in Note 4 of this section. 

Note 6 to § 73.3555: Requests submitted 

pursuant to paragraph (b)(2) of this section 

will be considered in accordance with the 

analysis set forth in the Order on 

Reconsideration in MB Docket Nos. 14–50, et 

al. (FCC 17–156). 

Note 7 to § 73.3555: The Commission will 

entertain applications to waive the 

restrictions in paragraph (b) of this section 

(the local television ownership rule) on a 

case-by-case basis. In each case, we will 

require a showing that the in-market buyer is 

the only entity ready, willing, and able to 

operate the station, that sale to an out-ofmarket applicant would result in an 

artificially depressed price, and that the 

waiver applicant does not already directly or 

indirectly own, operate, or control interest in 

two television stations within the relevant 

DMA. One way to satisfy these criteria would 

be to provide an affidavit from an 

independent broker affirming that active and 

serious efforts have been made to sell the 

permit, and that no reasonable offer from an 

entity outside the market has been received. 

We will entertain waiver requests as 

follows: 

1. If one of the broadcast stations 

involved is a ‘‘failed’’ station that has 

not been in operation due to financial 

distress for at least four consecutive 

months immediately prior to the 


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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 34631 

application, or is a debtor in an 

involuntary bankruptcy or insolvency 

proceeding at the time of the 

application. 

2. If one of the television stations 

involved is a ‘‘failing’’ station that has 

an all-day audience share of no more 

than four per cent; the station has had 

negative cash flow for three consecutive 

years immediately prior to the 

application; and consolidation of the 

two stations would result in tangible 

and verifiable public interest benefits 

that outweigh any harm to competition 

and diversity. 

3. If the combination will result in the 

construction of an unbuilt station. The 

permittee of the unbuilt station must 

demonstrate that it has made reasonable 

efforts to construct but has been unable 

to do so. 

* * * * * 

Note 9 to § 73.3555: Paragraph (a)(1) of this 

section will not apply to an application for 

an AM station license in the 1605–1705 kHz 

band where grant of such application will 

result in the overlap of the 5 mV/m 

groundwave contours of the proposed station 

and that of another AM station in the 535– 

1605 kHz band that is commonly owned, 

operated or controlled. 

* * * * * 

[FR Doc. 2021–13811 Filed 6–29–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 380, 383, and 384 

[Docket No. FMCSA–2007–27748] 

RIN 2126–AC25 

Extension of Compliance Date for 

Entry-Level Driver Training 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA finalizes its February 

4, 2020 interim final rule (interim rule), 

which revised a December 8, 2016, final 

rule, ‘‘Minimum Training Requirements 

for Entry-Level Commercial Motor 

Vehicle Operators’’ (ELDT final rule). 

This action finalizes the extension of the 

compliance date for the ELDT final rule 

from February 7, 2020, to February 7, 

2022. This action provides FMCSA 

additional time to complete 

development of the Training Provider 

Registry (TPR) and provides State Driver 

Licensing Agencies (SDLAs) time to 

modify their information technology 

(IT) systems and procedures, as 

necessary, to accommodate their receipt 

of driver-specific ELDT data from the 

TPR. 

DATES: This final rule is effective on July 

30, 2021. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than July 

30, 2021. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joshua Jones, Commercial Driver’s 

License Division, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001, (202) 366–7332, 

Joshua.Jones@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: This final 

rule is organized as follows: 

I. Rulemaking Documents 

A. Availability of Rulemaking Documents 

B. Privacy Act 

II. Executive Summary 

A. Purpose of the Regulatory Action 

B. Summary of Major Provisions 

C. Costs and Benefits 

III. Abbreviations, Acronyms, and Symbols 

IV. Legal Basis 

V. Regulatory History 

A. 2016 ELDT Final Rule 

B. NPRM To Extend Partially the ELDT 

Compliance Date 

C. Interim Final Rule 

VI. Discussion of Comments and Changes to 

the Interim Final Rule 

VII. Section-by-Section Analysis 

VIII. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT Regulatory 

Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. Privacy 

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

J. National Environmental Policy Act of 

1969 

I. Rulemaking Documents 

A. Availability of Rulemaking 

Documents 

For access to docket FMCSA–2007– 

27748 to read background documents 

and comments received, go to https://

www.regulations.gov at any time, or to 

Dockets Operations at U.S. Department 

of Transportation, Room W12–140, West 

Building Ground Floor, 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. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice ‘‘DOT/ALL 

14—Federal Docket Management 

System (FDMS),’’ which can be 

reviewed at https://

www.transportation.gov/privacy. 

II. Executive Summary 

A. Purpose of the Regulatory Action 

FMCSA finalizes the extension of the 

compliance date for the ELDT final rule, 

‘‘Minimum Training Requirements for 

Entry-Level Commercial Motor Vehicle 

Operators’’ (81 FR 88732, Dec. 8, 2016), 

from February 7, 2020, to February 7, 

2022. As noted in the interim final rule, 

this extension is necessary so that 

FMCSA can complete the IT 

infrastructure to support the TPR, which 

will allow training providers to selfcertify, to request listing on the TPR, 

and to upload the driver-specific ELDT 

completion information to the TPR. 

Completion of the TPR technology 

platform is also necessary before driverspecific ELDT completion information 

can be transmitted from the TPR to the 

SDLAs. This delay also provides SDLAs 

with time to make changes, as 

necessary, to their IT systems and 

internal procedures to allow them to 

receive the driver ELDT completion 

information transmitted from the TPR. 

B. Summary of Major Provisions 

This action finalizes the 2-year 

extension of the interim final rule. The 

extension applies to all requirements 

established by the ELDT final rule, 

including: 

1. The date by which training 

providers must begin uploading driverspecific ELDT certification information 

to the TPR; 

2. The date by which SDLAs must 

confirm that applicants for a 

commercial driver’s license (CDL) have 

complied with ELDT requirements prior 

to taking a specified knowledge or skills 

test; 

3. The date by which training 

providers wishing to provide ELDT 

must be listed on the TPR; and 

4. The date by which drivers seeking 

a CDL or endorsement must complete 

the required training, as set forth in the 

ELDT final rule. 

In addition to finalizing this delay, 

FMCSA is also making clarifying and 


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