8000 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

for Universal Service Support, Connect 

America Fund. 

Form Number: FCC Forms 497, 481 & 

555. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Individuals or 

households and business or other forprofit. 

Number of Respondents: 28,009,115 

respondents; 30,541,922 responses. 

Estimated Time per Response: 0.0167 

hours to 250 hours. 

Frequency of Response: Daily or 

monthly, every 60 days, annual, 

biennial, on occasion reporting 

requirements, third party disclosure 

requirement and record keeping 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority is contained in Section 1, 4(i), 

201–205, 214, 254, and 403 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 1, 4(i), 201–205, 

214, 254 and 403. 

Total Annual Burden: 22,064,798 

hours. 

Total Annual Cost: None. 

Privacy Act Impact Assessment: Yes. 

The Commission completed a Privacy 

Impact Assessment (PIA) for some of the 

information collection requirements 

contain in this collection. The PIA was 

published in the Federal Register at 78 

FR 73535 on December 6, 2013. The PIA 

may be reviewed at: http://www.fcc.gov/ 

omd/privacyact/Privacy_Impact_

Assessment.html. 

Nature and Extent of Confidentiality: 

Some of the requirements contained in 

this information collection does affect 

individuals or households, and thus, 

there are impacts under the Privacy Act. 

The FCC’s system of records notice 

(SORN), FCC/WCB–1, ‘‘Lifeline 

Program.’’ The Commission will use the 

information contained in FCC/WCB–1 

to cover the personally identifiable 

information (PII) that is required as part 

of the Lifeline Program (‘‘Lifeline’’). As 

required by the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a, the 

Commission also published a SORN, 

FCC/WCB–1 ‘‘Lifeline Program’’ in the 

Federal Register on December 6, 2013 

(78 FR 73535). 

Also, respondents may request 

materials or information submitted to 

the Commission or to the Universal 

Service Administrative Company 

(USAC or Administrator) be withheld 

from public inspection under 47 CFR 

0.459 of the FCC’s rules. We note that 

USAC must preserve the confidentiality 

of all data obtained from respondents; 

must not use the data except for 

purposes of administering the universal 

service programs; and must not disclose 

data in company-specific form unless 

directed to do so by the Commission. 

Needs and Uses: In June 2015, the 

Commission adopted an order reforming 

its low-income universal service 

support mechanisms. Lifeline and Link 

Up Reform and Modernization; 

Telecommunications Carriers Eligible 

for Universal Service Support; Connect 

America Fund, WC Docket Nos. 11–42, 

09–197, 10–90, Second Further Notice 

of Proposed Rulemaking, Order on 

Reconsideration, Second Report and 

Order, and Memorandum Opinion and 

Order, (Lifeline Second Reform Order). 

This revised information collection 

addresses requirements to carry out the 

reforms to which the Commission 

committed itself in the Lifeline Second 

Reform Order. Under this information 

collection, the Commission will 

implement the revised rules adopted in 

the 2015 Lifeline Second Reform Order, 

regarding the retention of subscriber 

eligibility documentation, eligible 

telecommunications carrier (ETC) 

designation, and ETC reimbursement 

under the Lifeline program; update the 

number of respondents for all the 

existing information collection 

requirements, thus increasing the total 

burden hours for some requirements 

and decreasing the total burden hours 

for other requirements; eliminate some 

requirements as part of this information 

collection, because they are no longer 

applicable; revise the FCC Form 555 and 

the accompanying instructions to 

require ETCs to provide a Service 

Provider Identification Number (SPIN); 

and make non-substantive changes to 

this information collection, pursuant to 

44 U.S.C. 3507, to update the FCC Form 

497 Instructions. These updates do not 

modify the burdens or costs contained 

in this information collection. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2016–03075 Filed 2–16–16; 8:45 am] 

BILLING CODE 6712–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1180 

[Docket No. EP 714] 

Information Required in Notices and 

Petitions Containing Interchange 

Commitments 

AGENCY: Surface Transportation Board. 

ACTION: Final rule. 

SUMMARY: The Surface Transportation 

Board (STB or Board) is issuing a final 

rule to insert language that was 

inadvertently omitted when an 

amended rule was promulgated on 

September 5, 2013. This decision is 

effective on its date of publication. 

DATES: This rule is effective on February 

17, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Amy C. Ziehm at (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: On 

September 5, 2013, the Board, with Vice 

Chairman Begeman dissenting, adopted 

final rules that established additional 

disclosure requirements for notices and 

petitions for exemption where the 

underlying lease or line sale includes an 

interchange commitment. Information 

Required in Notices and Petitions 

Containing Interchange Commitments 

(2013 Final Rules), EP 714 (STB served 

Sept. 5, 2013). Interchange 

commitments are ‘‘contractual 

provisions included with a sale or lease 

of a rail line that limit the incentive or 

the ability of the purchaser or tenant 

carrier to interchange traffic with rail 

carriers other than the seller or lessor 

railroad.’’ Review of Rail Access & 

Competition Issues—Renewed Pet. of 

the W. Coal Traffic League, EP 575, slip 

op. at 1 (STB served Oct. 30, 2007). The 

purpose of this rulemaking was to 

improve the ability of the Board and 

affected parties to determine at the 

outset whether a transaction that 

includes an interchange commitment is 

appropriate for the exemption process 

or raises competitive issues that require 

a more detailed examination. 

The 2013 Final Rules’ addition of a 

requirement to certify the existence of 

any interchange commitments was 

intended to apply to all notices and 

petitions for exemption involving 

transactions where the underlying lease 

or line sale could include an 

interchange commitment. 2013 Final 

Rules 1, 3. The Board included such 

language in the amended versions of 

1121.3(d)(1), 1150.33(h)(1), and 

1150.43(h)(1). Due to an oversight, 

however, the introductory language of 

49 CFR 1180.4(g)(4)(i) was not modified. 

This inadvertent error will now be 

addressed by amending 49 CFR 

1180.4(g)(4)(i). Specifically, 49 CFR 

1180.4(g)(4)(i) will now state that the 

filing party must certify whether or not 

a proposed acquisition or operation of a 

rail line involves a provision or 

agreement that may limit future 

interchange with a third-party 

connecting carrier, whether by outright 

prohibition, per-car penalty, adjustment 

in the purchase price or rental, positive 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 8001 

1Board procedures allow for the issue of final 

rules without notice or comment when those rules 

are interpretive, general statements of policy, or 

relate to organization, procedure, or practice before 

the Board. See 49 CFR 1110.3(a). 

economic inducement, or other means 

(‘‘interchange commitment’’). 

Futhermore, 49 CFR 1180.4(g)(4)(i) will 

now state that if such a provision or 

agreement exists, additional information 

must be provided (the information in 

paragraphs (g)(4)(i)(B), (D), and (G) of 

this section may be filed with the Board 

under 49 CFR 1104.14(a) and will be 

kept confidential without need for the 

filing of an accompanying motion for a 

protective order under 49 CFR 

1104.14(b)). 

As this action relates solely to the 

rules of agency practice and procedure, 

it will be issued as a final rule without 

requesting public comment.1 5 U.S.C. 

553(b)(3)(A). 

In the 2013 Final Rules, the Board 

certified that the rules as amended 

would not have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612. 2013 Final 

Rules 8. The Board further analyzed the 

burdens associated with the additional 

filing requirements pursuant to 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501–3549 and stated its belief 

that the additional disclosure 

requirements would not discourage 

parties from entering into efficiencyenhancing transactions. See 2013 Final 

Rules 6, 8. Those analyses and 

conclusions apply equally to this 

decision, and therefore, we adopt those 

analyses and conclusions and certify 

under 5 U.S.C. 605(b) that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities within the meaning of the RFA. 

List of Subjects in 49 CFR Part 1180 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements. 

It is ordered: 

1. The Board adopts the final rule as 

set forth in this decision. Notice of the 

adopted rules will be published in the 

Federal Register. 

2. This decision is effective on the 

date of publication. 

By the Board, Chairman Elliot, Vice 

Chairman Miller, and Commissioner Begman. 

Raina S. Contee, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, the Surface Transportation 

Board amends part 1180 title 49, chapter 

X, of the Code of Federal Regulations as 

follows: 

PART 1180—RAILROAD ACQUISITION, 

CONTROL, MERGER, 

CONSOLIDATION PROJECT, 

TRACKAGE RIGHTS, AND LEASE 

PROCEDURES 

■ 1. The authority for part 1180 

continues to read as follows: 

Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 

1172; 49 U.S.C. 721, 10502, 11323–11325. 

■ 2. Amend § 1180.4 by revising 

paragraphs (g)(4)(i) introductory text to 

read as follows: 

1180.4 Procedures. 

* * * * * 

(g) * * * 

(4) Transactions imposing 

interchange commitments. (i) The filing 

party must certify whether or not a 

proposed acquisition or operation of a 

rail line involves a provision or 

agreement that may limit future 

interchange with a third-party 

connecting carrier, whether by outright 

prohibition, per-car penalty, adjustment 

in the purchase price or rental, positive 

economic inducement, or other means 

(‘‘interchange commitment’’). If such a 

provision or agreement exists, the 

following additional information must 

be provided (the information in 

paragraphs (g)(4)(i)(B), (D), and (G) of 

this section may be filed with the Board 

under 49 CFR 1104.14(a) and will be 

kept confidential without need for the 

filing of an accompanying motion for a 

protective order under 49 CFR 

1104.14(b)): 

* * * * * 

[FR Doc. 2016–03199 Filed 2–16–16; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 13 and 22 

[Docket No. FWS–HQ–MB–2015–0155; 

FF09M21200–167–FXMB123209EAGL0L2] 

RIN 1018–BB20 

Eagle Permits; Removal of Regulations 

Extending Maximum Permit Duration 

of Programmatic Nonpurposeful Take 

Permits 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with a court 

order that had the effect of vacating 

provisions of regulations governing 

eagle nonpurposeful take permits that 

extended the maximum term of 

programmatic permits to 30 years. 

Pursuant to the U.S. District Court for 

the Northern District of California’s 

order dated August 11, 2015, and 

subsequent order amending judgment 

dated September 16, 2015, this rule 

removes regulatory provisions that 

extended maximum programmatic 

permit duration1 to 30 years and 

reinstates the previous 5-year limit. 

DATES: This action is effective February 

17, 2016. 

ADDRESSES: This final rule is available 

on the Internet at http://

www.regulations.gov at Docket No. 

FWS–HQ–MB–2015–0155. It will also 

be available for inspection, by 

appointment, during normal business 

hours at U.S. Fish and Wildlife Service, 

Headquarters Office, 5275 Leesburg 

Pike, Falls Church, Virginia 22041– 

3803. Call (703) 358–2329 to make 

arrangements. 

FOR FURTHER INFORMATION CONTACT: 

Eliza Savage, Eagle Program Manager, at 

the Headquarters Office (see ADDRESSES) 

or telephone (703) 358–2329. 

Individuals who are hearing impaired or 

speech impaired may call the Federal 

Relay Service at 1–800–877–8337 for 

TTY assistance. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2009, the Service published a rule 

authorizing the incidental take of eagles 

under the Bald and Golden Eagle 

Protection Act (16 U.S.C. 668–668d) (74 

FR 46836, September 11, 2009). The 

rule authorized programmatic permits to 

cover long-term, incidental take of 

eagles by individual projects, including 

wind-energy facilities. On December 9, 

2013, the Service published a rule to 

extend the maximum tenure for 

programmatic permits for 

nonpurposeful take of eagles from 5 to 

30 years (78 FR 73704). The change was 

intended to promote the responsible 

development of projects that will be in 

operation for many decades and bring 

them into compliance with statutory 

mandates protecting eagles. In addition 

to extending the maximum term of 

programmatic permits, the rule added 

provisions for 5-year evaluations of 

longer term permits, increased the 

permit application processing fees for 

programmatic eagle permits, and 

provided permit transfer and right-ofsuccession for eagle nonpurposeful take 

permits. 

In 2014, a lawsuit was filed 

challenging the 2013 rule on the basis 

that the Service improperly excluded 

analysis of any environmental effects of 

the rule under the National 


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