81 FR 35652 - Television Broadcasting Services; Scottsbluff, Nebraska and Sidney, Nebraska

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range		35652-35653
FR Document		2016-12603

At the request of Gray Television License, LLC, licensee of station KDUH-TV, Channel 7, Scottsbluff, Nebraska, and New Rushmore Radio, Inc., former licensee of KDUH-TV (collectively, Petitioners), the Commission has before it an unopposed Notice of Proposed Rulemaking seeking to amend the Post-Transition Table of DTV Allotments to delete channel 7 at Scottsbluff, Nebraska and to substitute channel 7 at Sidney, Nebraska. Petitioners further request modification of KDUH-TV's license to specify Sidney as the station's community of license. Petitioners assert that their proposal to reallot channel 7 to Sidney is based on the technical specifications currently authorized for KDUH- TV and, therefore, the new allotment will be mutually exclusive with the station's existing allotment. Petitioners further state that their proposal would meet the Commission's allotment priorities by providing Sidney with its first local television service. and that Scottsbluff would remain well-served after the proposed reallotment because full- power television station KSTF(TV), channel 29, would remain licensed to that community.

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)

[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35652-35653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12603]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 16-29; RM-11758; DA 16-543]


Television Broadcasting Services; Scottsbluff, Nebraska and 
Sidney, Nebraska

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: At the request of Gray Television License, LLC, licensee of 
station KDUH-TV, Channel 7, Scottsbluff, Nebraska, and New Rushmore 
Radio, Inc., former licensee of KDUH-TV (collectively, Petitioners), 
the Commission has before it an unopposed Notice of Proposed Rulemaking 
seeking to amend the Post-Transition Table of DTV Allotments to delete 
channel 7 at Scottsbluff, Nebraska and to substitute channel 7 at 
Sidney, Nebraska. Petitioners further request modification of KDUH-TV's 
license to specify Sidney as the station's community of license. 
Petitioners assert that their proposal to reallot channel 7 to Sidney 
is based on the technical specifications currently authorized for KDUH-
TV and, therefore, the new allotment will be mutually exclusive with 
the station's existing allotment. Petitioners further state that their 
proposal would meet the Commission's allotment priorities by providing 
Sidney with its first local television service. and that Scottsbluff 
would remain well-served after the proposed reallotment because full-
power television station KSTF(TV), channel 29, would remain licensed to 
that community.

DATES: Effective July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Adrienne Denysyk, 
[email protected], Media Bureau, (202) 418-2651.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 16-29, adopted and released May 16, 
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://fjallfoss.fcc.gov/ecfs/). To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    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 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, see 5 U.S.C. 601-612, do not apply to this 
proceeding.
    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.

Thomas Horan,
Chief of Staff, Media Bureau.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.

[[Page 35653]]

Sec.  73.622  [Amended]

0
2. Amend Sec.  73.622(i), the Post-Transition Table of DTV Allotments 
under Nebraska, by removing channel 7 at Scottsbluff and adding, in 
alphabetical order, Sidney, channel 7.

[FR Doc. 2016-12603 Filed 6-2-16; 8:45 am]
 BILLING CODE 6712-01-P

35652 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

operating under the authority of the elements of the neuropsychological/ KSTF(TV), channel 29, would remain
credential, the Coast Guard fully expects neurocognitive evaluation, when such licensed to that community.
that this evaluation will be performed testing is requested by the Coast Guard.
DATES: Effective July 5, 2016.
by a specialist trained to perform such The current policy also specifies that
evaluations. The Coast Guard also notes medication administration should be FOR FURTHER INFORMATION CONTACT:
that while this testing may be time- witnessed and documented by a Adrienne Denysyk, Adrienne.Denysyk@
consuming and expensive, a formal provider prior to the conduct of fcc.gov, Media Bureau, (202) 418–2651.
neuropsychological/neurocognitive neuropsychological/neurocognitive
SUPPLEMENTARY INFORMATION: This is a
evaluation can provide critical evaluation, when such testing is
synopsis of the Commission’s Report
documentation on the presence or requested by the Coast Guard.
and Order, MB Docket No. 16–29,
absence of impairing medication effects
Authority adopted and released May 16, 2016. The
for those mariners seeking to use
This document is issued under the full text of this document is available for
potentially impairing medication, while
authority of 5 U.S.C. 552(a), 46 U.S.C. public inspection and copying during
operating under the authority of the
7101 et seq., 46 CFR part 10, subpart C, normal business hours in the FCC’s
credential. When the Coast Guard
and Department of Homeland Security Reference Information Center at Portals
determines that a formal
Delegation No. 0710.1. II, CY–A257, 445 12th Street SW.,
neuropsychological/neurocognitive
Washington, DC, 20554. This document
evaluation is needed, the results of the V.B. Gifford, will also be available via ECFS (http://
assessment will be considered in the
Captain, U.S. Coast Guard, Director of fjallfoss.fcc.gov/ecfs/). To request
context of the other extensive medical Inspections & Compliance. materials in accessible formats for
documentation provided to determine
[FR Doc. 2016–13158 Filed 6–2–16; 8:45 am] people with disabilities (braille, large
whether extenuating circumstances
BILLING CODE 9110–04–P print, electronic files, audio format),
exist that warrant special consideration
send an email to fcc504@fcc.gov or call
for a medical waiver. The decision of
the Consumer & Governmental Affairs
whether such testing is too time-
FEDERAL COMMUNICATIONS Bureau at 202–418–0530 (voice), 202–
consuming or too expensive will
COMMISSION 418–0432 (tty).
ultimately be left up to the individual
mariner who seeks to demonstrate This document does not contain
47 CFR Part 73 information collection requirements
extenuating circumstances.
On the question of which [MB Docket No. 16–29; RM–11758; DA 16– subject to the Paperwork Reduction Act
neuropsychological/neurocognitive 543] of 1995, Public Law 104–13. In addition,
functions should be measured, and the therefore, it does not contain any
Television Broadcasting Services; information collection burden ‘‘for
appropriate standard for test outcome,
Scottsbluff, Nebraska and Sidney, small business concerns with fewer than
one commenter opined that such a
Nebraska 25 employees,’’ pursuant to the Small
determination would require further
substantial research on individual job Business Paperwork Relief Act of 2002,
AGENCY: Federal Communications
requirements. Another commenter Public Law 107–198, see 44 U.S.C.
Commission.
recommended that the Coast Guard add 3506(c)(4). Provisions of the Regulatory
ACTION: Final rule. Flexibility Act of 1980, see 5 U.S.C.
memory and communication skills to
the proposed list of neuropsychological/ SUMMARY: At the request of Gray 601–612, do not apply to this
neurocognitive domains, to make the Television License, LLC, licensee of proceeding.
overall panel similar to that used by the station KDUH–TV, Channel 7, The Commission will send a copy of
Federal Aviation Administration. Scottsbluff, Nebraska, and New this Report and Order in a report to be
Another commenter recommended that Rushmore Radio, Inc., former licensee of sent to Congress and the Government
a witness observe the mariner applicant KDUH–TV (collectively, Petitioners), Accountability Office pursuant to the
taking the medication in question prior the Commission has before it an Congressional Review Act, see 5 U.S.C.
to the administration of the unopposed Notice of Proposed 801(a)(1)(A).
neuropsychological/neurocognitive Rulemaking seeking to amend the Post- List of Subjects in 47 CFR Part 73
evaluation. The Coast Guard considered Transition Table of DTV Allotments to
all of these comments and noted that delete channel 7 at Scottsbluff, Nebraska Television.
there are already well-established, and to substitute channel 7 at Sidney, Federal Communications Commission.
validated testing measures for various Nebraska. Petitioners further request
domains of neuropsychological/ modification of KDUH–TV’s license to Thomas Horan,
neurocognitive functioning. specify Sidney as the station’s Chief of Staff, Media Bureau.
Additionally, other modes of community of license. Petitioners assert Final Rule
transportation have identified specific that their proposal to reallot channel 7
neuropsychological/neurocognitive to Sidney is based on the technical For the reasons discussed in the
domains that are critical for tasks such specifications currently authorized for preamble, the Federal Communications
as flying an airplane or for driving a KDUH–TV and, therefore, the new Commission amends 47 CFR part 73 as
motor vehicle. The neuropsychological/ allotment will be mutually exclusive follows:
neurocognitive functions identified for with the station’s existing allotment.
mstockstill on DSK3G9T082PROD with RULES

evaluation in the proposed policy reflect Petitioners further state that their PART 73—RADIO BROADCAST
those functions recommended as critical proposal would meet the Commission’s SERVICES
for safe motor vehicle driving. In allotment priorities by providing Sidney
consideration of the public comments, with its first local television service. and ■ 1. The authority citation for part 73
the current policy has been revised to that Scottsbluff would remain well- continues to read as follows:
include testing of memory and served after the proposed reallotment Authority: 47 U.S.C. 154, 303, 334, 336,
communication skills as required because full-power television station and 339.

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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35653

§ 73.622 [Amended] fish with, set, or haul back drift gillnet index.html). These maps indicated that
■ 2. Amend § 73.622(i), the Post- gear in U.S. waters of the Pacific Ocean SSTs were above normal in the SCB.
Transition Table of DTV Allotments east of the 120° W. meridian from June NMFS concluded that a determination
under Nebraska, by removing channel 7 1 through August 31 during a of El Niño conditions off southern
at Scottsbluff and adding, in forecasted, or occurring, El Niño event California is warranted based on SSTs
alphabetical order, Sidney, channel 7. off the coast of southern California (50 that are warmer than normal during the
CFR 660.713(c)(2)). This area, which third and second months prior to the
[FR Doc. 2016–12603 Filed 6–2–16; 8:45 am]
falls within the Southern California month of the closure, consistent with
BILLING CODE 6712–01–P
Bight (SCB), is referred to in the regulations at 50 CFR 660.713(c)(2)(ii).
regulations as the ‘‘Pacific loggerhead If SSTs return to normal or below
conservation area.’’ normal during a closure period,
DEPARTMENT OF COMMERCE Under 50 CFR 660.713(c)(2)(ii), the regulations at 50 CFR 660.713(c)(2)(iii)
AA is to rely on information developed state that the AA may re-open the
National Oceanic and Atmospheric by NOAA offices (the Climate fishery after publishing a Federal
Administration Prediction Center (CPC) and the West Register notice announcing that El Niño
Coast Office of the Coast Watch conditions are no longer present in the
50 CFR Part 660 program) to make the determination that SCB.
[Docket No. 031125294–4091–02] an El Niño event is forecasted or
occurring off southern California. The Classification
RIN 0648–XE621 AA is to use monthly sea surface This action is required by regulations
Fisheries Off West Coast States; the temperature (SST) charts to determine at 50 CFR 660.713 and is exempt from
Highly Migratory Species Fishery; whether there are warmer-than-normal Office of Management and Budget
Closure SSTs off southern California ‘‘during the review under Executive Order 12866.
months prior to the closure months for NMFS finds good cause to waive the
AGENCY: National Marine Fisheries years in which an El Niño event has requirement to provide prior notice and
Service (NMFS), National Oceanic and been declared’’ by the CPC. Specifically, opportunity for public comment
Atmospheric Administration (NOAA), the AA is to use SST data from the third pursuant to the authority set forth at 5
Commerce. and second months prior to the month U.S.C. 553(b)(B) for the time-area
ACTION: Temporary rule; closure. of closure. closure of the DGN fishery. Notice and
NMFS published these regulations to comment procedures are impracticable
SUMMARY: NMFS is prohibiting fishing protect loggerhead sea turtles, which are and contrary to the public interest. The
with large-mesh drift gillnet (DGN) gear listed under the Endangered Species most recent El Niño determination
(>14 inches mesh) off the coast of Act. The regulations addressed a occurred on May 12, 2016, and
southern California east of 120° W. reasonable and prudent alternative regulations require that the closure
meridian from June 1, 2016, through (RPA) included in NMFS’ 2000 period begin on June 1; therefore, there
August 31, 2016. This prohibition is biological opinion on issuance of an is insufficient time for notice and
based on the Assistant Administrator for incidental take permit under the Marine comment procedures. For the same
Fisheries’ (AA’s) determination that El Mammal Protection Act. The biological reasons, NMFS also finds good cause
Niño conditions are occurring off the opinion concluded that bycatch in the under 5 U.S.C. 553(d)(3) to waive the
coast of southern California. This action DGN fishery was likely to jeopardize the general requirement for a 30-day delay
protects Endangered Species Act-listed continued existence of loggerhead sea in effectiveness for this action. This
loggerhead sea turtles (Caretta caretta), turtles and, as an RPA, recommended measure is based upon the best available
specifically the endangered North the fishery be closed during the summer information and is necessary for the
Pacific Ocean Distinct Population months when El Niño conditions are conservation of loggerhead sea turtles.
Segment. present to avoid the likelihood of The closure period anticipated by the
DATES: Effective 12:01 a.m. Pacific jeopardy. regulation ends, at the latest, on August
Daylight Time (PDT), June 1, 2016, On March 5, 2015, the CPC issued an 31, 2016. A delay in effectiveness may
through 11:59 p.m. PDT, August 31, El Niño Advisory, declaring that El Niño allow the fishery to interact with and
2016. conditions were present in equatorial injure or kill loggerhead sea turtles that
waters. Since that initial advisory, all may occur within the SCB during the
FOR FURTHER INFORMATION CONTACT: monthly CPC updates have stated that time period in which the regulation was
Keith Shattenkirk, West Coast Region El Niño conditions remain in these intended to protect loggerheads.
(WCR), NMFS, (562) 980–3248, waters. The May 12, 2016, update
keith.shattenkirk@noaa.gov. Authority: 16 U.S.C. 1801 et seq.
reaffirmed El Niño conditions are
SUPPLEMENTARY INFORMATION: The DGN currently present. Dated: May 27, 2016.
fishery is managed under the Fishery In May 2016, NMFS staff reviewed the Samuel D. Rauch III,
Management Plan for U.S. West Coast SST anomalies in the SCB during March Deputy Assistant Administrator for
Fisheries for Highly Migratory Species and April of 2016, relying on SST maps Regulatory Programs, National Marine
(50 CFR part 660, subpart K) and occurs available through NOAA’s Coast Watch Fisheries Service.
off the coast of California. NMFS program (for details see http:// [FR Doc. 2016–13137 Filed 5–31–16; 4:15 pm]
regulations provide that no person may coastwatch.pfeg.noaa.gov/erddap/ BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES

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Document Created: 2018-02-08 07:30:02
Document Modified: 2018-02-08 07:30:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective July 5, 2016.
Contact		Adrienne Denysyk, [email protected], Media Bureau, (202) 418-2651.
FR Citation		81 FR 35652