Revitalization of the AM Radio Service, 13069-13072 [2017-04252]
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Rules and Regulations
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This rule does not have tribal
implications warranting the application
of Executive Order 13175. It does not
have substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612) applies to rules that
are subject to notice and comment
under section 553(b) of the APA. As
noted in the above discussion regarding
applicability of the Administrative
Procedure Act, the DEA was not
required to publish a general notice of
proposed rulemaking prior to this final
rule. Consequently, the RFA does not
apply.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., the DEA has
determined and certifies that this action
would not result in any Federal
mandate that may result ‘‘in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted for inflation) in any one year.’’
Therefore, neither a Small Government
Agency Plan nor any other action is
required under UMRA of 1995.
jstallworth on DSK7TPTVN1PROD with RULES
Paperwork Reduction Act of 1995
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995. 44 U.S.C. 3501–3521. This action
would not impose recordkeeping or
reporting requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Congressional Review Act
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act (CRA)). This rule will not
result in: An annual effect on the
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economy of $100,000,000 or more; a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of U.S.-based companies to
compete with foreign based companies
in domestic and export markets.
However, pursuant to the CRA, the DEA
has submitted a copy of this final rule
to both Houses of Congress and to the
Comptroller General.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
Accordingly, the interim final rule
amending 21 CFR part 1308, which
published on May 12, 2016 (81 FR
29487), is adopted as a final rule
without change.
■
Dated: February 22, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–04698 Filed 3–8–17; 8:45 am]
BILLING CODE 4410–09–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 74
[MB Docket No. 13–249; FCC 17–14]
Revitalization of the AM Radio Service
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document amends the
Commission’s rule setting forth the
allowable location of an FM translator
station rebroadcasting the signal of an
AM broadcast station. It changes the
rule so that an AM broadcaster has a
greater area in which an FM translator
rebroadcasting the AM signal may be
located, giving AM broadcasters greater
flexibility in reaching their listeners.
The change is necessary to
accommodate AM radio stations located
far from their communities of license, or
those with highly directional signal
patterns.
SUMMARY:
This rule is effective April 10,
2017. The effective date is delayed
indefinitely pending Office of
Management and Budget (OMB)
DATES:
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13069
approval of a non-substantive change to
the rule as originally proposed. The
Commission will publish a document in
the Federal Register announcing the
effective date.
FOR FURTHER INFORMATION CONTACT:
Peter Doyle, Chief, Media Bureau,
Audio Division, (202) 418–2700 or
Peter.Doyle@fcc.gov; Thomas Nessinger,
Senior Counsel, Media Bureau, Audio
Division, (202) 418–2700 or
Thomas.Nessinger@fcc.gov.
For additional information concerning
the Paperwork Reduction Act
information collection requirements
contained in this document, contact
Cathy Williams at 202–418–2918, or via
the Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order (Second R&O), FCC
17–14, adopted February 23, 2017, and
released February 24, 2017. The full text
of this document is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, 445 Twelfth Street SW., Room
CY–A257, Portals II, Washington, DC
20554. 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 and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Paperwork Reduction Act of 1995
Analysis
This Second R&O adopts new or
revised information collection
requirements, subject to the Paperwork
Reduction Act of 1995 (PRA) (Pub. L.
104–13, 109 Stat 163 (1995) (codified in
44 U.S.C. 3501–3520)). The Office of
Management and Budget (OMB)
preapproved the information collection
requirements, as set forth in the Further
Notice of Proposed Rulemaking
(FNPRM) in this proceeding, 81 FR
2818, January 19, 2016, as follows: FCC
Form 345, under OMB control number
3060–0075, on March 17, 2016; and FCC
Form 349, under OMB control number
3060–0405, on March 21, 2016. The
Commission will receive OMB’s final
approval for the information collection
requirements by submitting a nonsubstantive change submission to OMB
for review under section 3507(d) of the
PRA (44 U.S.C. 3507(d)).
In addition, we note that pursuant to
the Small Business Paperwork Relief
Act of 2002, Public Law 107–198, see 44
U.S.C. 3506(c)(4), we previously sought
specific comment on how the
Commission might ‘‘further reduce the
information collection burden for small
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business concerns with fewer than 25
employees.’’
Synopsis
1. In the FNPRM, the Commission
proposed to relax the current rule
setting forth where an FM fill-in
translator rebroadcasting an AM
broadcast station may be sited (47 CFR
74.1201(g)). Having recently granted
over 1,000 applications to acquire and
relocate FM translators to rebroadcast
AM stations, the Commission found it
desirable to act on the translator siting
proposal expeditiously, to provide the
recent translator modification
applicants maximum flexibility in
providing service to their communities
and nearby areas.
2. Section 74.1201(g) currently
requires that an FM translator
rebroadcasting an AM station must be
located such that the 60 dBm contour of
the FM translator station is contained
within the lesser of (a) the 2 millivolts
per meter (mV/m) daytime contour of
the AM station, or (b) a 25-mile radius
centered at the AM transmitter site.
Many commenters, responding to the
Notice of Proposed Rule Making in this
proceeding (28 FCC Rcd 15221 (2013)),
suggested that this standard is too
restrictive and should be changed to
provide that the coverage contour of an
FM translator rebroadcasting an AM
station as its primary station must be
contained within the greater of the 2
mV/m daytime contour or a 25-mile
radius. After considering these
comments, the Commission proposed in
the FNPRM to amend 47 CFR
74.1201(g), changing the standard to the
greater of the 2 mV/m daytime contour
or a 25-mile radius centered at the AM
transmitter site, but with the limitation
that the translator’s 1 mV/m coverage
contour may not extend beyond a 40mile (64 km) radius centered at the AM
transmitter site.
3. Commenters overwhelmingly
supported a relaxation of the current FM
translator siting rule. Some favored
increasing the 40-mile limit, with others
proposing to eliminate the 40-mile limit
altogether. Most commenters opposing
the 40-mile limit pointed to instances in
which substantial covered populations
lie within an AM station’s 2 mV/m
daytime contour but more than 40 miles
from the station’s transmitter.
4. Having read and considered the
comments addressing this proposal,
most of which supported the proposal
or slight variations from it, the
Commission adopted the proposal set
forth in the FNPRM, but eliminated the
40-mile limitation on translator siting
from the rule change as adopted. The
rule change as modified was deemed to
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be consistent with the Commission’s
objective, articulated in the FNPRM, to
provide flexibility to an AM station
using a cross-service translator to serve
its core market while not extending its
signal beyond the station’s core service
area. The Commission also reiterated a
desire to provide applicants who
participated in the Commission-ordered
2016 translator modification windows
with maximum flexibility in providing
service to their authorized communities
and nearby areas, and accordingly
announced that such applicants may
apply to further move their cross-service
FM translators already relocated
pursuant to the 2016 modification
windows, as a minor modification
application, as long as the proposed
further modification complies with both
the amended 47 CFR 74.1201(g) adopted
in the Second R&O and with the 250mile limitation imposed in the FNPRM
(30 FCC Rcd at 12152, para. 15). The
Commission also reiterated the
statement in the FNPRM, that a waiver
of an Auction 83 FM translator
construction deadline is presumptively
in the public interest for applicants
participating in one of the 2016
modification windows, provided that
the AM station licensee proposing to
use the FM translator for rebroadcasting
its AM station commits to prompt FM
translator station construction and
initiation of broadcast operations (30
FCC Rcd at 12152 n. 36). In the interest
of prompt station construction and
initiation of service, the Commission
limited any extensions of construction
deadlines to not more than six months
after the effective date of this Second
R&O.
5. The Commission therefore
amended 47 CFR 74.1201(g) to provide
that an FM translator rebroadcasting an
AM broadcast station must be located
such that the 60 dBm contour of the FM
translator station must be contained
within the greater of either (a) the 2 mV/
m daytime contour of the AM station, or
(b) a 25-mile radius centered at the AM
station’s transmitter site.
Final Regulatory Flexibility Analysis
6. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA) (5 U.S.C. 603), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated in the FNPRM (30
FCC Rcd 12145, 12202–05 (2015)). The
Commission sought written public
comment on the proposals in the
FNPRM, including comment on the
IRFA. The Commission received no
comments on the IRFA. This Final
Regulatory Flexibility Analysis (FRFA)
conforms to the RFA (see 5 U.S.C. 604).
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Need for, and Objectives of, the First
Report and Order
7. This Second R&O adopts a change
to the rule setting forth where an FM
translator station rebroadcasting an AM
broadcast station may be located.
Specifically, in the Second R&O the
Commission changes the current rule,
which requires that an FM translator
rebroadcasting an AM station be located
such that the 60 dBm contour of the FM
translator station must be contained
within the lesser of (a) the 2 millivolts
per meter (mV/m) daytime contour of
the AM station, or (b) a 25-mile radius
centered at the AM transmitter site. The
rule change specifies that an FM
translator rebroadcasting an AM station
may be located such that the 60 dBm
contour of the translator must be
contained within the greater of the AM
station’s 2 mV/m daytime contour or a
25-mile radius of the AM transmitter
site. This rule change was proposed, in
a slightly different form, in the FNPRM,
based on comments submitted during
the initial round of commenting in this
proceeding. The Commission
determined that, because it had
completed two filing windows allowing
the relocation of FM translator stations
to rebroadcast AM stations, immediate
adoption of this rule change would
benefit those station licensees and
permittees when determining where to
site the relocated FM translators.
Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
8. There were no comments to the
IRFA filed.
Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
9. Pursuant to the Small Business Jobs
Act of 2010, which amended the RFA,
the Commission is required to respond
to any comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments. 5 U.S.C.
604(a)(3). The Chief Counsel did not file
any comments in response to the
proposed rule in this proceeding.
Description and Estimate of the Number
of Small Entities To Which the Rules
Apply
10. The RFA directs the Commission
to provide a description of and, where
feasible, an estimate of the number of
small entities that will be affected by the
rules adopted herein. 5 U.S.C. 603(b)(3).
The RFA generally defines the term
‘‘small entity’’ as having the same
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meaning as the terms ‘‘small business,’’
small organization,’’ and ‘‘small
government jurisdiction.’’ 5 U.S.C.
601(6). In addition, the term ‘‘small
business’’ has the same meaning as the
term ‘‘small business concern’’ under
the Small Business Act. 5 U.S.C. 601(3).
A small business concern is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
15 U.S.C. 632.
11. The subject rules and policies
potentially will apply to all AM radio
broadcasting licensees and potential
licensees, as well as licensees and
potential licensees of FM translator
stations that rebroadcast an AM radio
broadcasting station as its primary
station. A radio broadcasting station is
an establishment primarily engaged in
broadcasting aural programs by radio to
the public. Included in this industry are
commercial, religious, educational, and
other radio stations. Radio broadcasting
stations which primarily are engaged in
radio broadcasting and which produce
radio program materials are similarly
included. However, radio stations that
are separate establishments and are
primarily engaged in producing radio
program material are classified under
another NAICS number. The SBA has
established a small business size
standard for this category, which is:
Firms having $38.5 million or less in
annual receipts. 13 CFR 121.201, NAICS
code 515112 (updated for inflation in
2008). According to the BIA/Kelsey,
MEDIA Access Pro Database on
December 21, 2016, 4,661 (99.94%) of
4,664 a.m. radio stations have revenue
of $38.5 million or less. Therefore, the
majority of such entities are small
entities. We note, however, that, in
assessing whether a business concern
qualifies as small under the above
definition, business (control) affiliations
must be included. Our estimate,
therefore, likely overstates the number
of small entities that might be affected
by our action, because the revenue
figure on which it is based does not
include or aggregate revenues from
affiliated companies.
12. The proposed policies could affect
licensees of FM translator stations, as
well as potential licensees in this radio
service. The same SBA definition that
applies to radio broadcast licensees
would apply to these stations. The SBA
defines a radio broadcast station as a
small business if such station has no
more than $38.5 million in annual
receipts. Currently, there are
approximately 6,962 licensed FM
translator and booster stations. In
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addition, there are approximately 225
applicants with pending applications
filed in the 2003 translator filing
window. Given the nature of these
services, we will presume that all of
these licensees and applicants qualify as
small entities under the SBA definition.
Description of Projected Reporting,
Record Keeping and Other Compliance
Requirements
13. As described, the rule change will
not result in substantial increases in
burdens on applicants, and in fact may
decrease burdens on many applicants by
providing additional flexibility in FM
translator siting. The rule change
adopted in the Second R&O is
substantive and does not involve
application changes, reporting
requirements, or record keeping
requirements beyond what is already
required.
Steps Taken To Minimize Significant
Impact of Small Entities, and
Significant Alternatives Considered
14. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities. 5 U.S.C. 603(c)(1)–
(c)(4).
15. The vast majority of commenters
on the FNPRM proposal adopted in the
Second R&O supported the proposal.
Some suggested variations on the rule
change as proposed; many in particular
suggested the Commission relax or
eliminate the proposed absolute
limitation on placing an FM translator
rebroadcasting an AM station so that its
1 mV/m contour would not extend
farther than 40 miles from the AM
station’s transmitter site. Based on these
comments, the Commission declined to
adopt the absolute 40-mile limitation,
thus providing applicants with greater
flexibility in locating FM translators
rebroadcasting AM stations, and further
minimizing the impact on small entities.
Additionally, the Commission stated
that it will treat applications to relocate
FM translators, modified during the
2016 modification windows for crossservice translators, as minor
modification applications as long as
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13071
they comply with the Second R&O and
the 250-mile limit set forth in the
FNPRM in this proceeding. The
Commission also reiterated its position,
taken in the FNPRM, that a waiver of an
Auction 83 FM translator construction
deadline is presumptively in the public
interest for applicants participating in
one of the 2016 modification windows,
provided that the AM station licensee
proposing to use the FM translator for
rebroadcasting its AM station commits
to prompt FM translator station
construction and initiation of broadcast
operations. An FM translator acquired
to rebroadcast an AM station signal may
thus apply to extend its construction
permit expiration date up to six months
from the effective date of the Second
R&O. These actions enable participants
in the 2016 modification windows for
cross-service translators, which as noted
above are small entities, to avail
themselves of the benefits of the relaxed
translator siting rule.
16. Report to Congress. The
Commission will send a copy of the
Second R&O, including this FRFA, in a
report to Congress and the Government
Accountability Office pursuant to the
Small Business Regulatory Enforcement
Fairness Act of 1996. 5 U.S.C.
801(a)(1)(a). In addition, the
Commission will send a copy of the
Second R&O, including the FRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
Second R&O and FRFA (or summaries
thereof) will also be published in the
Federal Register. See 5 U.S.C. 604(b).
Ordering Clauses
17. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 2, 4(i), 303, and 307 of the
Communications Act of 1934, 47 U.S.C.
151, 152, 154(i), 303, and 307, this
Second Report and Order is adopted.
18. It is further ordered that, pursuant
to the authority found in sections 1, 2,
4(i), 303, and 307 of the
Communications Act of 1934, 47 U.S.C.
151, 152, 154(i), 303, and 307, the
Commission’s rules are hereby amended
as set forth in Appendix A to the
Second Report and Order.
19. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Second Report and Order, including
the Final Regulatory Flexibility Act
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
20. It is further ordered that the
Commission shall send a copy of this
Second Report and Order in a report to
be sent to Congress and the Government
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Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
21. It is further ordered that the rule
change adopted herein, which contains
new or modified information collection
requirements that require approval by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA), will become effective after
the Commission publishes a notice in
the Federal Register announcing such
approval and the relevant effective date.
DEPARTMENT OF COMMERCE
List of Subjects in 47 CFR Part 74
AGENCY:
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 74 as
follows:
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
1. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 336 and 554.
2. Section 74.1201 is amended by
revising the last two sentences of
paragraph (g) to read as follows:
■
Definitions.
*
*
*
*
*
(g) * * * The coverage contour of an
FM translator rebroadcasting an AM
radio broadcast station as its primary
station must be contained within the
greater of either the 2 mV/m daytime
contour of the AM station or a 25-mile
(40 km) radius centered at the AM
transmitter site. The protected contour
for an FM translator station is its
predicted 1 mV/m contour.
*
*
*
*
*
[FR Doc. 2017–04252 Filed 3–8–17; 8:45 am]
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50 CFR Part 679
[Docket No. 160920866–7167–02]
RIN 0648–XF273
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Trawl
Catcher Vessels in the Western
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the A season
allowance of the 2017 Pacific cod total
allowable catch apportioned to trawl
catcher vessels in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 8, 2017
through 1200 hours, A.l.t., June 10,
2017.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2017
Pacific cod total allowable catch (TAC)
apportioned to trawl catcher vessels in
the Western Regulatory Area of the GOA
is 6,861 metric tons (mt), as established
by the final 2017 and 2018 harvest
specifications for groundfish of the GOA
(82 FR 12032, February 27, 2017).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
SUMMARY:
Final Rule
§ 74.1201
National Oceanic and Atmospheric
Administration
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determined that the A season allowance
of the 2017 Pacific cod TAC
apportioned to trawl catcher vessels in
the Western Regulatory Area of the GOA
will soon be reached. Therefore, the
Regional Administrator is establishing a
directed fishing allowance of 6,761 mt
and is setting aside the remaining 100
mt as bycatch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by catcher vessels using trawl gear
in the Western Regulatory Area of the
GOA. After the effective date of this
closure the maximum retainable
amounts at § 679.20(e) and (f) apply at
any time during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of
Pacific cod by catcher vessels using
trawl gear in the Western Regulatory
Area of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of March 6, 2017.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–04769 Filed 3–7–17; 4:15 pm]
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Agencies
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Rules and Regulations]
[Pages 13069-13072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04252]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket No. 13-249; FCC 17-14]
Revitalization of the AM Radio Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission's rule setting forth the
allowable location of an FM translator station rebroadcasting the
signal of an AM broadcast station. It changes the rule so that an AM
broadcaster has a greater area in which an FM translator rebroadcasting
the AM signal may be located, giving AM broadcasters greater
flexibility in reaching their listeners. The change is necessary to
accommodate AM radio stations located far from their communities of
license, or those with highly directional signal patterns.
DATES: This rule is effective April 10, 2017. The effective date is
delayed indefinitely pending Office of Management and Budget (OMB)
approval of a non-substantive change to the rule as originally
proposed. The Commission will publish a document in the Federal
Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau,
Audio Division, (202) 418-2700 or Peter.Doyle@fcc.gov; Thomas
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700
or Thomas.Nessinger@fcc.gov.
For additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Cathy Williams at 202-418-2918, or via the Internet at
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (Second R&O), FCC 17-14, adopted February 23, 2017,
and released February 24, 2017. The full text of this document is
available for public inspection and copying during regular business
hours in the FCC Reference Center, 445 Twelfth Street SW., Room CY-
A257, Portals II, Washington, DC 20554. 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 and Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This Second R&O adopts new or revised information collection
requirements, subject to the Paperwork Reduction Act of 1995 (PRA)
(Pub. L. 104-13, 109 Stat 163 (1995) (codified in 44 U.S.C. 3501-
3520)). The Office of Management and Budget (OMB) preapproved the
information collection requirements, as set forth in the Further Notice
of Proposed Rulemaking (FNPRM) in this proceeding, 81 FR 2818, January
19, 2016, as follows: FCC Form 345, under OMB control number 3060-0075,
on March 17, 2016; and FCC Form 349, under OMB control number 3060-
0405, on March 21, 2016. The Commission will receive OMB's final
approval for the information collection requirements by submitting a
non-substantive change submission to OMB for review under section
3507(d) of the PRA (44 U.S.C. 3507(d)).
In addition, we note that pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we
previously sought specific comment on how the Commission might
``further reduce the information collection burden for small
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business concerns with fewer than 25 employees.''
Synopsis
1. In the FNPRM, the Commission proposed to relax the current rule
setting forth where an FM fill-in translator rebroadcasting an AM
broadcast station may be sited (47 CFR 74.1201(g)). Having recently
granted over 1,000 applications to acquire and relocate FM translators
to rebroadcast AM stations, the Commission found it desirable to act on
the translator siting proposal expeditiously, to provide the recent
translator modification applicants maximum flexibility in providing
service to their communities and nearby areas.
2. Section 74.1201(g) currently requires that an FM translator
rebroadcasting an AM station must be located such that the 60 dB[micro]
contour of the FM translator station is contained within the lesser of
(a) the 2 millivolts per meter (mV/m) daytime contour of the AM
station, or (b) a 25-mile radius centered at the AM transmitter site.
Many commenters, responding to the Notice of Proposed Rule Making in
this proceeding (28 FCC Rcd 15221 (2013)), suggested that this standard
is too restrictive and should be changed to provide that the coverage
contour of an FM translator rebroadcasting an AM station as its primary
station must be contained within the greater of the 2 mV/m daytime
contour or a 25-mile radius. After considering these comments, the
Commission proposed in the FNPRM to amend 47 CFR 74.1201(g), changing
the standard to the greater of the 2 mV/m daytime contour or a 25-mile
radius centered at the AM transmitter site, but with the limitation
that the translator's 1 mV/m coverage contour may not extend beyond a
40-mile (64 km) radius centered at the AM transmitter site.
3. Commenters overwhelmingly supported a relaxation of the current
FM translator siting rule. Some favored increasing the 40-mile limit,
with others proposing to eliminate the 40-mile limit altogether. Most
commenters opposing the 40-mile limit pointed to instances in which
substantial covered populations lie within an AM station's 2 mV/m
daytime contour but more than 40 miles from the station's transmitter.
4. Having read and considered the comments addressing this
proposal, most of which supported the proposal or slight variations
from it, the Commission adopted the proposal set forth in the FNPRM,
but eliminated the 40-mile limitation on translator siting from the
rule change as adopted. The rule change as modified was deemed to be
consistent with the Commission's objective, articulated in the FNPRM,
to provide flexibility to an AM station using a cross-service
translator to serve its core market while not extending its signal
beyond the station's core service area. The Commission also reiterated
a desire to provide applicants who participated in the Commission-
ordered 2016 translator modification windows with maximum flexibility
in providing service to their authorized communities and nearby areas,
and accordingly announced that such applicants may apply to further
move their cross-service FM translators already relocated pursuant to
the 2016 modification windows, as a minor modification application, as
long as the proposed further modification complies with both the
amended 47 CFR 74.1201(g) adopted in the Second R&O and with the 250-
mile limitation imposed in the FNPRM (30 FCC Rcd at 12152, para. 15).
The Commission also reiterated the statement in the FNPRM, that a
waiver of an Auction 83 FM translator construction deadline is
presumptively in the public interest for applicants participating in
one of the 2016 modification windows, provided that the AM station
licensee proposing to use the FM translator for rebroadcasting its AM
station commits to prompt FM translator station construction and
initiation of broadcast operations (30 FCC Rcd at 12152 n. 36). In the
interest of prompt station construction and initiation of service, the
Commission limited any extensions of construction deadlines to not more
than six months after the effective date of this Second R&O.
5. The Commission therefore amended 47 CFR 74.1201(g) to provide
that an FM translator rebroadcasting an AM broadcast station must be
located such that the 60 dB[micro] contour of the FM translator station
must be contained within the greater of either (a) the 2 mV/m daytime
contour of the AM station, or (b) a 25-mile radius centered at the AM
station's transmitter site.
Final Regulatory Flexibility Analysis
6. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA) (5 U.S.C. 603), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the FNPRM (30 FCC Rcd 12145, 12202-
05 (2015)). The Commission sought written public comment on the
proposals in the FNPRM, including comment on the IRFA. The Commission
received no comments on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA (see 5 U.S.C. 604).
Need for, and Objectives of, the First Report and Order
7. This Second R&O adopts a change to the rule setting forth where
an FM translator station rebroadcasting an AM broadcast station may be
located. Specifically, in the Second R&O the Commission changes the
current rule, which requires that an FM translator rebroadcasting an AM
station be located such that the 60 dB[micro] contour of the FM
translator station must be contained within the lesser of (a) the 2
millivolts per meter (mV/m) daytime contour of the AM station, or (b) a
25-mile radius centered at the AM transmitter site. The rule change
specifies that an FM translator rebroadcasting an AM station may be
located such that the 60 dB[micro] contour of the translator must be
contained within the greater of the AM station's 2 mV/m daytime contour
or a 25-mile radius of the AM transmitter site. This rule change was
proposed, in a slightly different form, in the FNPRM, based on comments
submitted during the initial round of commenting in this proceeding.
The Commission determined that, because it had completed two filing
windows allowing the relocation of FM translator stations to
rebroadcast AM stations, immediate adoption of this rule change would
benefit those station licensees and permittees when determining where
to site the relocated FM translators.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
8. There were no comments to the IRFA filed.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
9. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments. 5 U.S.C. 604(a)(3). The
Chief Counsel did not file any comments in response to the proposed
rule in this proceeding.
Description and Estimate of the Number of Small Entities To Which the
Rules Apply
10. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the rules adopted herein. 5 U.S.C. 603(b)(3). The RFA
generally defines the term ``small entity'' as having the same
[[Page 13071]]
meaning as the terms ``small business,'' small organization,'' and
``small government jurisdiction.'' 5 U.S.C. 601(6). In addition, the
term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. 5 U.S.C. 601(3). A
small business concern is one which: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). 15 U.S.C. 632.
11. The subject rules and policies potentially will apply to all AM
radio broadcasting licensees and potential licensees, as well as
licensees and potential licensees of FM translator stations that
rebroadcast an AM radio broadcasting station as its primary station. A
radio broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Included in this
industry are commercial, religious, educational, and other radio
stations. Radio broadcasting stations which primarily are engaged in
radio broadcasting and which produce radio program materials are
similarly included. However, radio stations that are separate
establishments and are primarily engaged in producing radio program
material are classified under another NAICS number. The SBA has
established a small business size standard for this category, which is:
Firms having $38.5 million or less in annual receipts. 13 CFR 121.201,
NAICS code 515112 (updated for inflation in 2008). According to the
BIA/Kelsey, MEDIA Access Pro Database on December 21, 2016, 4,661
(99.94%) of 4,664 a.m. radio stations have revenue of $38.5 million or
less. Therefore, the majority of such entities are small entities. We
note, however, that, in assessing whether a business concern qualifies
as small under the above definition, business (control) affiliations
must be included. Our estimate, therefore, likely overstates the number
of small entities that might be affected by our action, because the
revenue figure on which it is based does not include or aggregate
revenues from affiliated companies.
12. The proposed policies could affect licensees of FM translator
stations, as well as potential licensees in this radio service. The
same SBA definition that applies to radio broadcast licensees would
apply to these stations. The SBA defines a radio broadcast station as a
small business if such station has no more than $38.5 million in annual
receipts. Currently, there are approximately 6,962 licensed FM
translator and booster stations. In addition, there are approximately
225 applicants with pending applications filed in the 2003 translator
filing window. Given the nature of these services, we will presume that
all of these licensees and applicants qualify as small entities under
the SBA definition.
Description of Projected Reporting, Record Keeping and Other Compliance
Requirements
13. As described, the rule change will not result in substantial
increases in burdens on applicants, and in fact may decrease burdens on
many applicants by providing additional flexibility in FM translator
siting. The rule change adopted in the Second R&O is substantive and
does not involve application changes, reporting requirements, or record
keeping requirements beyond what is already required.
Steps Taken To Minimize Significant Impact of Small Entities, and
Significant Alternatives Considered
14. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. 5 U.S.C. 603(c)(1)-(c)(4).
15. The vast majority of commenters on the FNPRM proposal adopted
in the Second R&O supported the proposal. Some suggested variations on
the rule change as proposed; many in particular suggested the
Commission relax or eliminate the proposed absolute limitation on
placing an FM translator rebroadcasting an AM station so that its 1 mV/
m contour would not extend farther than 40 miles from the AM station's
transmitter site. Based on these comments, the Commission declined to
adopt the absolute 40-mile limitation, thus providing applicants with
greater flexibility in locating FM translators rebroadcasting AM
stations, and further minimizing the impact on small entities.
Additionally, the Commission stated that it will treat applications to
relocate FM translators, modified during the 2016 modification windows
for cross-service translators, as minor modification applications as
long as they comply with the Second R&O and the 250-mile limit set
forth in the FNPRM in this proceeding. The Commission also reiterated
its position, taken in the FNPRM, that a waiver of an Auction 83 FM
translator construction deadline is presumptively in the public
interest for applicants participating in one of the 2016 modification
windows, provided that the AM station licensee proposing to use the FM
translator for rebroadcasting its AM station commits to prompt FM
translator station construction and initiation of broadcast operations.
An FM translator acquired to rebroadcast an AM station signal may thus
apply to extend its construction permit expiration date up to six
months from the effective date of the Second R&O. These actions enable
participants in the 2016 modification windows for cross-service
translators, which as noted above are small entities, to avail
themselves of the benefits of the relaxed translator siting rule.
16. Report to Congress. The Commission will send a copy of the
Second R&O, including this FRFA, in a report to Congress and the
Government Accountability Office pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801(a)(1)(a). In
addition, the Commission will send a copy of the Second R&O, including
the FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Second R&O and FRFA (or summaries
thereof) will also be published in the Federal Register. See 5 U.S.C.
604(b).
Ordering Clauses
17. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i), 303, and 307 of the Communications
Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, and 307, this Second
Report and Order is adopted.
18. It is further ordered that, pursuant to the authority found in
sections 1, 2, 4(i), 303, and 307 of the Communications Act of 1934, 47
U.S.C. 151, 152, 154(i), 303, and 307, the Commission's rules are
hereby amended as set forth in Appendix A to the Second Report and
Order.
19. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Second Report and Order, including the Final Regulatory
Flexibility Act Analysis, to the Chief Counsel for Advocacy of the
Small Business Administration.
20. It is further ordered that the Commission shall send a copy of
this Second Report and Order in a report to be sent to Congress and the
Government
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Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
21. It is further ordered that the rule change adopted herein,
which contains new or modified information collection requirements that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA), will become effective after the
Commission publishes a notice in the Federal Register announcing such
approval and the relevant effective date.
List of Subjects in 47 CFR Part 74
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.
0
2. Section 74.1201 is amended by revising the last two sentences of
paragraph (g) to read as follows:
Sec. 74.1201 Definitions.
* * * * *
(g) * * * The coverage contour of an FM translator rebroadcasting
an AM radio broadcast station as its primary station must be contained
within the greater of either the 2 mV/m daytime contour of the AM
station or a 25-mile (40 km) radius centered at the AM transmitter
site. The protected contour for an FM translator station is its
predicted 1 mV/m contour.
* * * * *
[FR Doc. 2017-04252 Filed 3-8-17; 8:45 am]
BILLING CODE 6712-01-P