Deletion of Rules Made Obsolete by the Digital Television Transition, 5543-5545 [2018-02552]
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
02), Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711, telephone
number: (919) 541–4347 or (919) 541–
2443, respectively; and email address:
torres.elineth@epa.gov or
dalcher.debra@epa.gov, respectively.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
§ 52.2520
2. In § 52.2520, the table in paragraph
(c) is amended by:
■ a. Removing the table heading ‘‘[45
CSR] Series 39 Control of Annual
Nitrogen Oxide Emissions to Mitigate
Interstate Transport of Fine Particulate
Matter and Nitrogen Oxides’’ and the
entries ‘‘Section 45–39–1’’ through
‘‘Section 45–39–90’’;
■ b. Removing the table heading ‘‘[45
CSR] Series 41 Control of Annual Sulfur
Dioxides Emissions’’ and the entries
‘‘Section 45–41–1’’ through ‘‘Section
45–41–90’’.
■
[FR Doc. 2018–02463 Filed 2–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[FRL–9973–51–OAR]
RIN 2060–AM75
Issuance of Guidance Memorandum,
‘‘Reclassification of Major Sources as
Area Sources Under Section 112 of the
Clean Air Act’’
Environmental Protection
Agency (EPA).
ACTION: Issuance and withdrawal of
guidance memorandums.
AGENCY:
The Environmental Protection
Agency (EPA) is notifying the public
that it has issued the guidance
memorandum titled ‘‘Reclassification of
Major Sources as Area Sources Under
Section 112 of the Clean Air Act’’. The
EPA is also withdrawing the
memorandum titled ‘‘Potential to Emit
for MACT Standards—Guidance on
Timing Issues.’’
DATES: Effective on February 8, 2018.
ADDRESSES: You may view this guidance
memorandum electronically at: https://
www.epa.gov/stationary-sources-airpollution/reclassification-majorsources-area-sources-under-section-112clean.
nshattuck on DSK9F9SC42PROD with RULES
SUMMARY:
Ms.
Elineth Torres or Ms. Debra Dalcher,
Policy and Strategies Group, Sector
Policies and Programs Division (D205–
VerDate Sep<11>2014
14:13 Feb 07, 2018
contained in the May 1995 Seitz
Memorandum.
The EPA anticipates that it will soon
publish a Federal Register document to
take comment on adding regulatory text
that will reflect EPA’s plain language
reading of the statute as discussed in
this memorandum.
On
January 25, 2018, the EPA issued a
guidance memorandum that addresses
the question of when a major source
subject to a maximum achievable
control technology (MACT) standard
under CAA section 112 may be
reclassified as an area source, and
thereby avoid being subject thereafter to
major source MACT and other
requirements applicable to major
sources under CAA section 112. As is
explained in the memorandum, the
plain language of the definitions of
‘‘major source’’ in CAA section 112(a)(1)
and of ‘‘area source’’ in CAA section
112(a)(2) compels the conclusion that a
major source becomes an area source at
such time that the source takes an
enforceable limit on its potential to emit
(PTE) hazardous air pollutants (HAP)
below the major source thresholds (i.e.,
10 tons per year (tpy) of any single HAP
or 25 tpy of any combination of HAP).
In such circumstances, a source that was
previously classified as major, and
which so limits its PTE, will no longer
be subject either to the major source
MACT or other major source
requirements that were applicable to it
as a major source under CAA section
112.
A prior EPA guidance memorandum
had taken a different position. See
Potential to Emit for MACT Standards—
Guidance on Timing Issues.’’ John Seitz,
Director, Office of Air Quality Planning
and Standards, U.S. Environmental
Protection Agency, (May 16, 1995) (the
‘‘May 1995 Seitz Memorandum’’). The
May 1995 Seitz Memorandum set forth
a policy, commonly known as ‘‘once in,
always in’’ (the ‘‘OIAI policy’’), under
which ‘‘facilities may switch to area
source status at any time until the ‘first
compliance date’ of the standard,’’ with
‘‘first compliance date’’ being defined to
mean the ‘‘first date a source must
comply with an emission limitation or
other substantive regulatory
requirement.’’ May 1995 Seitz
Memorandum at 5. Thereafter, under
the OIAI policy, ‘‘facilities that are
major sources for HAP on the ‘first
compliance date’ are required to comply
permanently with the MACT standard.’’
Id. at 9.
The guidance signed on January 25,
2018, supersedes that which was
Dated: January 25, 2018.
Panagiotis E. Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
SUPPLEMENTARY INFORMATION:
[Amended]
FOR FURTHER INFORMATION CONTACT:
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5543
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[FR Doc. 2018–02331 Filed 2–7–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 27, 54, 73, 74, and 76
[MB Docket No. 17–105; FCC 18–3]
Deletion of Rules Made Obsolete by
the Digital Television Transition
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) eliminates rules that have
been made obsolete by the digital
television transition.
DATES: These rule revisions are effective
on February 8, 2018.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Raelynn Remy of
the Policy Division, Media Bureau at
Raelynn.Remy@fcc.gov, or (202) 418–
2120.
SUMMARY:
This is a
summary of the Commission’s Report
and Order (Order), FCC 18–3, adopted
and released on January 24, 2018. The
full text is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street SW, Room
CY–A257, Washington, DC 20554. This
document will also be available via
ECFS at https://apps.fcc.gov/edocs_
public/attachmatch/FCC-18-3A1.docx.
Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. The complete
text may be purchased from the
Commission’s copy contractor, 445 12th
Street SW, Room CY–B402, Washington,
DC 20554. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format), by sending an email to
fcc504@fcc.gov or calling the
Commission’s Consumer and
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08FER1.SGM
08FER1
5544
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Paperwork Reduction Act of 1995
Analysis
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA). In
addition, therefore, it does not contain
any new or modified information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002.
nshattuck on DSK9F9SC42PROD with RULES
Synopsis
1. In this Order, we make nonsubstantive, editorial revisions to parts
27, 54, 73, 74, and 76 of the
Commission’s rules as part of our
continuing efforts to modernize our
media regulations and eliminate
unnecessary rules.1 These revisions
delete rule provisions that are without
current legal effect and are therefore
obsolete.2
2. We delete rules that impose
consumer notification and station
interference protection obligations
relating to the analog-to-digital
transition for full power television
broadcast stations (DTV transition),
which concluded on June 12, 2009. In
particular, we delete §§ 27.20, 54.418,
73.616(a) and the accompanying Note,
73.674, 73.3526(e)(11)(iv),
73.3527(e)(13) and 76.1630 of the
Commission’s rules, which are without
current legal effect and obsolete. We
also delete the Note to § 73.625(a)(1),
which sets forth outdated DTV principal
community coverage minimum field
strength requirements applicable to
certain television broadcast licensees.
3. In addition, we delete rules that
were adopted in conjunction with full
power analog television broadcasting,
which is no longer permitted.
Specifically, we delete §§ 73.607,
73.610, 73.611, 73.671(d), 73.6011,
73.6016, and 74.705 of the
Commission’s rules, which are without
current legal effect and obsolete. In
addition, we amend § 73.606 of our
rules by deleting the Table of
Allotments applicable to full power
analog television broadcast service and
cross-referencing § 73.622(i), which sets
forth the Post-Transition Table of DTV
1 Commission Launches Modernization of Media
Regulation Initiative, Public Notice, 32 FCC Rcd
4406 (MB 2017).
2 We delegate authority to the Media Bureau to
make conforming amendments to other Commission
rules that cross-reference the rule sections deleted
in this Order.
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14:13 Feb 07, 2018
Jkt 244001
Allotments and is the ‘‘successor
regulation’’ to § 73.606.3
4. The rule revisions adopted in this
Order are non-substantive, editorial
revisions. Because these revisions
merely eliminate provisions that are no
longer effective and thus obsolete, we
find good cause to conclude that notice
and comment procedures are
unnecessary and would not serve any
useful purpose. For the same reason,
and to expedite the elimination of such
obsolete references for the benefit of the
public, we find good cause to make
these rule revisions effective upon
publication in the Federal Register.
5. Because these rule changes do not
require notice and comment, the
Regulatory Flexibility Act does not
apply.
6. The Commission will send a copy
of the Order in a report to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act.
7. Accordingly, it is ordered that,
effective upon publication in the
Federal Register, parts 27, 54, 73, 74,
and 76 of the Commission’s rules are
amended pursuant to the authority
contained in sections 4(i) and 303(r) of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r) and in
sections 553(b)(3)(B) and 553(d)(3) of
the Administrative Procedure Act, 5
U.S.C. 553(b)(3)(B), 553(d)(3).
List of Subjects
47 CFR Parts 27 and 54
Communications, Communications
common carriers, Telecommunications.
47 CFR Parts 73 and 74
Communications, Television.
47 CFR Part 76
Cable television, Communications,
Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
3 Section
73.606 (the analog TV Table of
Allotments) is referenced in the statutory definition
of a ‘‘qualified noncommercial educational
television station’’ that qualifies for must carry
rights, although the statute also refers to ‘‘any
successor regulation’’ to § 73.606. The ‘‘successor
regulation’’ to § 73.606 is § 73.622(i), the PostTransition Table of DTV Allotments. During the
post-incentive auction transition process, the
Commission has explained that it will not use a
codified Table of Allotments to implement postauction channel changes and that the Media Bureau
intends to initiate a proceeding to amend § 73.622
of the rules to reflect all new full power channel
assignments as well as NCE status in a revised
Table of Allotments.
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Commission amends 47 CFR parts 27,
54, 73, 74, and 76 as follows:
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICES
1. The authority citation for part 27
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302a, 303,
307, 309, 332, 336, 337, 1403, 1404, 1451,
and 1452, unless otherwise noted.
§ 27.20
■
[Removed]
2. Remove § 27.20.
PART 54—UNIVERSAL SERVICE
3. The authority citation for part 54
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 254, 303(r), 403, and 1302
unless otherwise noted.
§ 54.418
■
[Removed]
4. Remove § 54.418.
PART 73—RADIO BROADCAST
SERVICES
5. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 309, 310,
334, 336, and 339.
■
6. Revise § 73.606 to read as follows:
§ 73.606
Table of allotments.
The table of allotments set forth in
§ 73.622(i) contains the channels
designated for the listed communities in
the United States, its Territories, and
possessions. Channels designated with
an asterisk are assigned for use by
noncommercial educational broadcast
stations only.
§§ 73.607, 73.610, and 73.611
[Removed]
7. Remove §§ 73.607, 73.610, and
73.611.
■
§ 73.616
[Amended]
8. Amend § 73.616 by removing
paragraph (a), redesignating paragraphs
(b) through (f) as paragraphs (a) through
(e), and removing the note to § 73.616.
■
§ 73.625
[Amended]
9. Amend § 73.625(a)(1) by removing
the note to the paragraph.
■
§ 73.671
[Amended]
10. Amend § 73.671 by removing and
reserving paragraph (d).
■
§ 73.674
■
[Removed]
11. Remove § 73.674.
§ 73.3526
[Amended]
12. Amend § 73.3526 by removing
paragraph (e)(11)(iv).
■
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
§ 73.3527
[Amended]
13. Amend § 73.3527 by removing and
reserving paragraph (e)(13).
■
§§ 73.6011 and 73.6016
■
[Removed]
14. Remove §§ 73.6011 and 73.6016.
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
15. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 336 and 554.
§ 74.705
■
[Removed]
16. Remove § 74.705.
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
17. The authority citation for part 76
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572, 573.
§ 76.1630
■
[Removed]
18. Remove § 76.1630.
[FR Doc. 2018–02552 Filed 2–7–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 218
[Docket No. 170831846–8105–02]
RIN 0648–BH21
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Testing and Training
Activities Conducted in the Eglin Gulf
Test and Training Range in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
nshattuck on DSK9F9SC42PROD with RULES
AGENCY:
Upon application from the
United States Air Force (USAF), 96th
Civil Engineer Group/Environmental
Planning Office (96 CEG/CEIEA) at Eglin
Air Force Base (hereafter referred to as
Eglin AFB), NMFS is issuing regulations
under the Marine Mammal Protection
Act (MMPA) for the taking of marine
SUMMARY:
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
mammals incidental to conducting
testing and training activities in the
Eglin Gulf Test and Training Range
(EGTTR) in the Gulf of Mexico over the
course of five years. These regulations
allow NMFS to issue a Letter of
Authorization (LOA) for the incidental
take of marine mammals during the
specified testing and training activities
carried out during the rule’s period of
effectiveness, set forth the permissible
methods of taking, set forth other means
of effecting the least practicable adverse
impact on marine mammal species or
stocks and their habitat, and set forth
requirements pertaining to the
monitoring and reporting of the
incidental take. The specific activities
are classified as military readiness
activities.
DATES: Effective February 13, 2018
through February 12, 2023.
ADDRESSES: To obtain an electronic
copy of the USAF 96 CEG/CEIEA’s LOA
application or other referenced
documents, visit the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm. Documents
cited in this rule may also be viewed, by
appointment, during regular business
hours, at 1315 East-West Highway,
SSMC III, Silver Spring, MD 20912.
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the 96 CEG/CEIEA’s
application, NMFS proposed rule (82 FR
61372; December 27, 2017), the USAF’s
Eglin Gulf Test and Training Range
Environmental Assessment (Navy 2015)
and NMFS Finding of No Significant
Impact (FONSI) may be obtained by
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm. Documents
cited in this rule may also be viewed, by
appointment, during regular business
hours, at the aforementioned address
(see ADDRESSES).
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1371(a)(5)(A)) directs the
Secretary of Commerce to allow, upon
request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region for up to five years
if, after notice and public comment, the
agency makes certain findings and
issues regulations that set forth
permissible methods of taking pursuant
to that activity, as well as monitoring
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Frm 00025
Fmt 4700
Sfmt 4700
5545
and reporting requirements. Section
101(a)(5)(A) of the MMPA and the
implementing regulations at 50 CFR part
216, subpart I provide the legal basis for
issuing this rule and any subsequent
LOA pursuant to those regulations. As
directed by this legal authority, this
final rule contains mitigation,
monitoring, and reporting requirements.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the Secretary sets forth permissible
methods of taking and other means of
effecting the least practicable impact on
the species or stock and its habitat.
NMFS has defined ‘‘negligible impact’’
in 50 CFR 216.103 as ‘‘an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.’’
The National Defense Authorization
Act for Fiscal Year 2004 (Section 319,
Pub. L. 108–136, November 24, 2003)
(NDAA of 2004) removed the ‘‘small
numbers’’ and ‘‘specified geographical
region’’ limitations indicated earlier and
amended the definition of harassment as
it applies to a ‘‘military readiness
activity’’ to read as follows (Section
3(18)(B) of the MMPA, 16 U.S.C.
1362(18)(B)): (i) Any act that injures or
has the significant potential to injure a
marine mammal or marine mammal
stock in the wild (Level A Harassment);
or (ii) any act that disturbs or is likely
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of natural behavioral
patterns, including, but not limited to,
migration, surfacing, nursing, breeding,
feeding, or sheltering, to a point where
such behavioral patterns are abandoned
or significantly altered (Level B
Harassment).
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review the
proposed action (i.e., the issuance of
regulations and an LOA) with respect to
potential impacts on the human
environment.
Accordingly, NMFS has adopted the
USAF’s Eglin Gulf Test and Training
Range Environmental Assessment and
after an independent evaluation of the
document found that it included
adequate information analyzing the
effects on the human environment of
E:\FR\FM\08FER1.SGM
08FER1
Agencies
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5543-5545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02552]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 27, 54, 73, 74, and 76
[MB Docket No. 17-105; FCC 18-3]
Deletion of Rules Made Obsolete by the Digital Television
Transition
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) eliminates rules that have been made obsolete by the
digital television transition.
DATES: These rule revisions are effective on February 8, 2018.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Raelynn Remy of the Policy Division, Media Bureau
at [email protected], or (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order), FCC 18-3, adopted and released on January 24, 2018.
The full text is available for public inspection and copying during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW, Room CY-A257,
Washington, DC 20554. This document will also be available via ECFS at
https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-3A1.docx.
Documents will be available electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. The complete text may be purchased from the
Commission's copy contractor, 445 12th Street SW, Room CY-B402,
Washington, DC 20554. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to [email protected] or calling the Commission's Consumer
and
[[Page 5544]]
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Paperwork Reduction Act of 1995 Analysis
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA). In addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002.
Synopsis
1. In this Order, we make non-substantive, editorial revisions to
parts 27, 54, 73, 74, and 76 of the Commission's rules as part of our
continuing efforts to modernize our media regulations and eliminate
unnecessary rules.\1\ These revisions delete rule provisions that are
without current legal effect and are therefore obsolete.\2\
---------------------------------------------------------------------------
\1\ Commission Launches Modernization of Media Regulation
Initiative, Public Notice, 32 FCC Rcd 4406 (MB 2017).
\2\ We delegate authority to the Media Bureau to make conforming
amendments to other Commission rules that cross-reference the rule
sections deleted in this Order.
---------------------------------------------------------------------------
2. We delete rules that impose consumer notification and station
interference protection obligations relating to the analog-to-digital
transition for full power television broadcast stations (DTV
transition), which concluded on June 12, 2009. In particular, we delete
Sec. Sec. 27.20, 54.418, 73.616(a) and the accompanying Note, 73.674,
73.3526(e)(11)(iv), 73.3527(e)(13) and 76.1630 of the Commission's
rules, which are without current legal effect and obsolete. We also
delete the Note to Sec. 73.625(a)(1), which sets forth outdated DTV
principal community coverage minimum field strength requirements
applicable to certain television broadcast licensees.
3. In addition, we delete rules that were adopted in conjunction
with full power analog television broadcasting, which is no longer
permitted. Specifically, we delete Sec. Sec. 73.607, 73.610, 73.611,
73.671(d), 73.6011, 73.6016, and 74.705 of the Commission's rules,
which are without current legal effect and obsolete. In addition, we
amend Sec. 73.606 of our rules by deleting the Table of Allotments
applicable to full power analog television broadcast service and cross-
referencing Sec. 73.622(i), which sets forth the Post-Transition Table
of DTV Allotments and is the ``successor regulation'' to Sec.
73.606.\3\
---------------------------------------------------------------------------
\3\ Section 73.606 (the analog TV Table of Allotments) is
referenced in the statutory definition of a ``qualified
noncommercial educational television station'' that qualifies for
must carry rights, although the statute also refers to ``any
successor regulation'' to Sec. 73.606. The ``successor regulation''
to Sec. 73.606 is Sec. 73.622(i), the Post-Transition Table of DTV
Allotments. During the post-incentive auction transition process,
the Commission has explained that it will not use a codified Table
of Allotments to implement post-auction channel changes and that the
Media Bureau intends to initiate a proceeding to amend Sec. 73.622
of the rules to reflect all new full power channel assignments as
well as NCE status in a revised Table of Allotments.
---------------------------------------------------------------------------
4. The rule revisions adopted in this Order are non-substantive,
editorial revisions. Because these revisions merely eliminate
provisions that are no longer effective and thus obsolete, we find good
cause to conclude that notice and comment procedures are unnecessary
and would not serve any useful purpose. For the same reason, and to
expedite the elimination of such obsolete references for the benefit of
the public, we find good cause to make these rule revisions effective
upon publication in the Federal Register.
5. Because these rule changes do not require notice and comment,
the Regulatory Flexibility Act does not apply.
6. The Commission will send a copy of the Order in a report to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act.
7. Accordingly, it is ordered that, effective upon publication in
the Federal Register, parts 27, 54, 73, 74, and 76 of the Commission's
rules are amended pursuant to the authority contained in sections 4(i)
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r) and in sections 553(b)(3)(B) and 553(d)(3) of the
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), 553(d)(3).
List of Subjects
47 CFR Parts 27 and 54
Communications, Communications common carriers, Telecommunications.
47 CFR Parts 73 and 74
Communications, Television.
47 CFR Part 76
Cable television, Communications, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 27, 54, 73, 74, and 76 as
follows:
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
1. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
Sec. 27.20 [Removed]
0
2. Remove Sec. 27.20.
PART 54--UNIVERSAL SERVICE
0
3. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
254, 303(r), 403, and 1302 unless otherwise noted.
Sec. 54.418 [Removed]
0
4. Remove Sec. 54.418.
PART 73--RADIO BROADCAST SERVICES
0
5. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.
0
6. Revise Sec. 73.606 to read as follows:
Sec. 73.606 Table of allotments.
The table of allotments set forth in Sec. 73.622(i) contains the
channels designated for the listed communities in the United States,
its Territories, and possessions. Channels designated with an asterisk
are assigned for use by noncommercial educational broadcast stations
only.
Sec. Sec. 73.607, 73.610, and 73.611 [Removed]
0
7. Remove Sec. Sec. 73.607, 73.610, and 73.611.
Sec. 73.616 [Amended]
0
8. Amend Sec. 73.616 by removing paragraph (a), redesignating
paragraphs (b) through (f) as paragraphs (a) through (e), and removing
the note to Sec. 73.616.
Sec. 73.625 [Amended]
0
9. Amend Sec. 73.625(a)(1) by removing the note to the paragraph.
Sec. 73.671 [Amended]
0
10. Amend Sec. 73.671 by removing and reserving paragraph (d).
Sec. 73.674 [Removed]
0
11. Remove Sec. 73.674.
Sec. 73.3526 [Amended]
0
12. Amend Sec. 73.3526 by removing paragraph (e)(11)(iv).
[[Page 5545]]
Sec. 73.3527 [Amended]
0
13. Amend Sec. 73.3527 by removing and reserving paragraph (e)(13).
Sec. Sec. 73.6011 and 73.6016 [Removed]
0
14. Remove Sec. Sec. 73.6011 and 73.6016.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
15. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.
Sec. 74.705 [Removed]
0
16. Remove Sec. 74.705.
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
17. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503,
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
Sec. 76.1630 [Removed]
0
18. Remove Sec. 76.1630.
[FR Doc. 2018-02552 Filed 2-7-18; 8:45 am]
BILLING CODE 6712-01-P