Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Proposed Rules 8171 

1The NPRM was published in the Federal 

Register on July 8, 2015 (80 FR 39045). 

2The recently enacted Surface Transportation 

Board Reauthorization Act of 2015, Public Law 

114–110, recodifies provisions of title 49, United 

States Code, redesignating 49 U.S.C. 721, as § 1321. 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 16–29, RM–11758; DA 16– 

139] 

Television Broadcasting Services; 

Scottsbluff, Nebraska and Sidney, 

Nebraska 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by Gray 

Television License, LLC, proposed 

assignee of KDUH–TV, Scottsbluff, 

Nebraska and New Rushmore Radio, 

Inc., the licensee of station KDUH–TV, 

channel 7, Scottsbluff, Nebraska 

(collectively ‘‘Petitioners’’), requesting 

an amendment of the DTV Table of 

Allotments to delete channel 7 at 

Scottsbluff and substitute channel 7 at 

Sidney, Nebraska. While the 

Commission instituted a freeze on the 

acceptance of full power television 

rulemaking petitions requesting channel 

substitutions in May 2011, Petitioners 

are seeking a waiver asserting that 

because the proposed change in 

community of license does not involve 

any proposed change in technical 

facilities, grant of the petition would not 

impact on the Post-Transition Table of 

DTV Allotments. Petitioners believe that 

a waiver here would serve the public 

interest and that community in Sidney 

would remain well-served after 

reallotment. 

DATES: Comments must be filed on or 

before March 21, 2016, and reply 

comments on or before April 4, 2016. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Gray Television Licensee, LLC, c/o 

Cooley LLP, John R. Feore, Jr. Esq. and 

Derek Teslik, Esq., 1299 Pennsylvania 

Avenue NW., Suite 700, Washington, 

DC 20004; New Rushmore Radio Inc., c/ 

o Law Office of Jack N. Goodman, Jack 

N. Goodman, Esq., 1200 New 

Hampshire Ave. NW., Suite 600, 

Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–2561. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

16–29, adopted February 8, 2016, and 

released February 8, 2016. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW., Washington, 

DC 20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.). To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an email to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

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

418–0432 (TTY). This document does 

not contain proposed 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 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts (other than ex parte 

presentations exempt under 47 CFR 

1.1204(a)) are prohibited in Commission 

proceedings, such as this one, which 

involve channel allotments. See 47 CFR 

1.1208 for rules governing restricted 

proceedings. 

For information regarding proper 

filing procedures for comments, see 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 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, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Nebraska is amended by 

removing channel 7 at Scottsbluff. 

■ 3. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Nebraska is amended by adding 

Sidney. 

■ 4. Section 73.622(i), the PostTransition Table of DTV allotments 

under Nebraska is amended by adding 

channel 7 at Sidney. 

[FR Doc. 2016–03345 Filed 2–17–16; 8:45 am] 

BILLING CODE 6712–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Parts 1241, 1242, 1243, 1244, 

1245, 1246, 1247, and 1248 

[Docket No. EP 701] 

Accelerating Reporting Requirements 

for Class I Railroads 

AGENCY: Surface Transportation Board. 

ACTION: Proposed rule, withdrawn. 

SUMMARY: The Board is withdrawing the 

proposed rules and discontinuing the 

EP 701 rulemaking proceeding which 

proposed to accelerate the filing 

deadlines for certain financial, 

employee, and traffic reports submitted 

by Class I railroads. 

DATES: The proposed rule is withdrawn 

and the rulemaking proceeding is 

discontinued on February 18, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: On July 8, 

2015, the Board issued a Notice of 

Proposed Rulemaking (NPRM) seeking 

public comment on a proposal to 

accelerate the filing deadlines for 

certain financial, employee, and traffic 

reports submitted by Class I railroads.1

The Board has authority to collect 

financial and statistical data from 

railroads as necessary for the economic 

oversight of the industry. 49 U.S.C. 

1321(b),2 11145. To this end, the 

Board’s regulations require Class I 

railroads to submit annual, quarterly, 

and monthly reports containing 

financial and operating statistics, 

including employment and traffic data. 


wgreen on DSK2VPTVN1PROD with PROPOSALS
8172 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Proposed Rules 

49 U.S.C. 11145; 49 CFR 1241–1248. 

The data collected is used by the Board 

in various proceedings, as well as by 

other governmental agencies and 

interested parties in evaluating the 

railroad industry. 

In the NPRM, the Board proposed 

changing the filing deadlines for a 

number of these reports. Specifically, 

the NPRM proposed the following 

deadlines: Schedule 250 would be filed 

by March 31 each year, at the same time 

as the Annual Report Form R–1; 

Quarterly Report Form RE&I, Form CBS, 

Quarterly Wage Forms A & B, and 

Reports of Fuel Cost, Consumption, and 

Surcharge Revenue would be filed 

within 15 days after the end of each 

quarter; Annual Wage Forms A & B and 

Annual Form QCS would be filed 30 

days after the end of each year; 

Quarterly Form QCS would be filed 30 

days after the end of each quarter; Form 

STB–54 would be filed within 60 days 

after the end of each year; and Form C 

would be filed 10 days after the end of 

each month. 

The NPRM also proposed to: Update 

several form titles; clarify the method by 

which carriers arrive at the number of 

employees reported on Form C, 

pursuant to part 1246; replace 

references to the ‘‘Interstate Commerce 

Act’’ with ‘‘pt. A of subtitle IV of tit. 49, 

United States Code’’ between 49 CFR 

parts 1241 and 1248 to accurately 

describe the current controlling statute; 

and eliminate the requirement of 

railroads to file duplicate copies of 

reports, with the exception of the 

Annual Report Form R–1, which 

requires hard copies to be filed. 

On August 21, 2015, the AAR filed 

comments on the proposed rules. AAR 

expresses concern that the proposed 

accelerated deadlines would impose 

significant burdens while not conferring 

a public benefit. (AAR Comment 7.) 

AAR states that the proposed deadlines 

for the STB reports would be 

incompatible with and would create 

additional reporting obligations for the 

railroads under Securities and Exchange 

Commission (SEC) regulations. (Id. at 

10–12.) AAR also states that accelerated 

deadlines could cause investor 

confusion because the information in 

Board filings is based on a different 

corporate entity than information in the 

SEC filings, and there are also 

differences in accounting between 

Board reports and SEC reports. (Id. at 

13.) 

Based on AAR’s comments, the 

proposed rules could impose a 

significant burden on the railroads and 

conflict with SEC reporting 

requirements. No other comments were 

submitted. Therefore, we will not adopt 

the proposed accelerated deadlines and 

will discontinue this proceeding. 

However, some of the nonsubstantive 

updates that the Board proposed will be 

adopted in Improving Regulation and 

Regulatory Review, EP 712. These 

updates include changing the following 

form titles: ‘‘Form MRRE’’ to ‘‘Form C’’ 

(49 CFR 1246.1) and; ‘‘Form QRSC’’ and 

‘‘Form ARSC’’ to ‘‘Quarterly Wage 

Forms A & B’’ and ‘‘Annual Wage Forms 

A & B’’ respectively (49 CFR 1245.2). In 

that proceeding, we will also eliminate 

the requirement for railroads to file 

duplicate copies of reports, with the 

exception of the Annual Report Form R– 

1, which requires hard copies to be 

filed. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Decided: February 11, 2016. 

By the Board, Chairman Elliott, Vice 

Chairman Miller, and Commissioner 

Begeman. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2016–03332 Filed 2–17–16; 8:45 am] 

BILLING CODE 4915–01–P 


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