83 FR 5543 - Deletion of Rules Made Obsolete by the Digital Television Transition

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 27 (February 8, 2018)

Page Range		5543-5545
FR Document		2018-02552

In this document, the Federal Communications Commission (Commission) eliminates rules that have been made obsolete by the digital television transition.

Federal Register, Volume 83 Issue 27 (Thursday, February 8, 2018)

[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5543-5545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02552]


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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\
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    \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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    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\
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    \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.
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    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

Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations 5543

PART 52—APPROVAL AND 02), Office of Air Quality Planning and contained in the May 1995 Seitz
PROMULGATION OF Standards, U.S. Environmental Memorandum.
IMPLEMENTATION PLANS Protection Agency, Research Triangle The EPA anticipates that it will soon
Park, North Carolina 27711, telephone publish a Federal Register document to
■ 1. The authority citation for part 52 number: (919) 541–4347 or (919) 541– take comment on adding regulatory text
continues to read as follows: 2443, respectively; and email address: that will reflect EPA’s plain language
Authority: 42 U.S.C. 7401 et seq. torres.elineth@epa.gov or reading of the statute as discussed in
dalcher.debra@epa.gov, respectively. this memorandum.
Subpart XX—West Virginia Dated: January 25, 2018.
SUPPLEMENTARY INFORMATION: On
§ 52.2520 [Amended] January 25, 2018, the EPA issued a Panagiotis E. Tsirigotis,

■ 2. In § 52.2520, the table in paragraph guidance memorandum that addresses Director, Office of Air Quality Planning and
the question of when a major source Standards.
(c) is amended by:
■ a. Removing the table heading ‘‘[45
subject to a maximum achievable [FR Doc. 2018–02331 Filed 2–7–18; 8:45 am]

CSR] Series 39 Control of Annual control technology (MACT) standard BILLING CODE 6560–50–P

Nitrogen Oxide Emissions to Mitigate under CAA section 112 may be
Interstate Transport of Fine Particulate reclassified as an area source, and
Matter and Nitrogen Oxides’’ and the thereby avoid being subject thereafter to FEDERAL COMMUNICATIONS
entries ‘‘Section 45–39–1’’ through major source MACT and other COMMISSION
‘‘Section 45–39–90’’; requirements applicable to major
■ b. Removing the table heading ‘‘[45
sources under CAA section 112. As is 47 CFR Parts 27, 54, 73, 74, and 76
CSR] Series 41 Control of Annual Sulfur explained in the memorandum, the
[MB Docket No. 17–105; FCC 18–3]
Dioxides Emissions’’ and the entries plain language of the definitions of
‘‘Section 45–41–1’’ through ‘‘Section ‘‘major source’’ in CAA section 112(a)(1) Deletion of Rules Made Obsolete by
45–41–90’’. and of ‘‘area source’’ in CAA section the Digital Television Transition
112(a)(2) compels the conclusion that a
[FR Doc. 2018–02463 Filed 2–7–18; 8:45 am] AGENCY: Federal Communications
major source becomes an area source at
BILLING CODE 6560–50–P such time that the source takes an Commission.
enforceable limit on its potential to emit ACTION: Final rule.
(PTE) hazardous air pollutants (HAP)
ENVIRONMENTAL PROTECTION below the major source thresholds (i.e., SUMMARY: In this document, the Federal
AGENCY 10 tons per year (tpy) of any single HAP Communications Commission
or 25 tpy of any combination of HAP). (Commission) eliminates rules that have
40 CFR Part 63
In such circumstances, a source that was been made obsolete by the digital
[FRL–9973–51–OAR] previously classified as major, and television transition.
which so limits its PTE, will no longer DATES: These rule revisions are effective
RIN 2060–AM75
be subject either to the major source on February 8, 2018.
Issuance of Guidance Memorandum, MACT or other major source FOR FURTHER INFORMATION CONTACT: For
‘‘Reclassification of Major Sources as requirements that were applicable to it additional information on this
Area Sources Under Section 112 of the as a major source under CAA section proceeding, contact Raelynn Remy of
Clean Air Act’’ 112. the Policy Division, Media Bureau at
A prior EPA guidance memorandum Raelynn.Remy@fcc.gov, or (202) 418–
AGENCY: Environmental Protection had taken a different position. See 2120.
Agency (EPA). Potential to Emit for MACT Standards— SUPPLEMENTARY INFORMATION: This is a
ACTION: Issuance and withdrawal of Guidance on Timing Issues.’’ John Seitz, summary of the Commission’s Report
guidance memorandums. Director, Office of Air Quality Planning and Order (Order), FCC 18–3, adopted
and Standards, U.S. Environmental and released on January 24, 2018. The
SUMMARY: The Environmental Protection
Protection Agency, (May 16, 1995) (the full text is available for public
Agency (EPA) is notifying the public
‘‘May 1995 Seitz Memorandum’’). The inspection and copying during regular
that it has issued the guidance
May 1995 Seitz Memorandum set forth business hours in the FCC Reference
memorandum titled ‘‘Reclassification of
a policy, commonly known as ‘‘once in, Center, Federal Communications
Major Sources as Area Sources Under
always in’’ (the ‘‘OIAI policy’’), under Commission, 445 12th Street SW, Room
Section 112 of the Clean Air Act’’. The
which ‘‘facilities may switch to area CY–A257, Washington, DC 20554. This
EPA is also withdrawing the
source status at any time until the ‘first document will also be available via
memorandum titled ‘‘Potential to Emit
compliance date’ of the standard,’’ with ECFS at https://apps.fcc.gov/edocs_
for MACT Standards—Guidance on
‘‘first compliance date’’ being defined to public/attachmatch/FCC-18-3A1.docx.
Timing Issues.’’
mean the ‘‘first date a source must Documents will be available
DATES: Effective on February 8, 2018. comply with an emission limitation or electronically in ASCII, Microsoft Word,
ADDRESSES: You may view this guidance other substantive regulatory and/or Adobe Acrobat. The complete
memorandum electronically at: https:// requirement.’’ May 1995 Seitz text may be purchased from the
www.epa.gov/stationary-sources-air- Memorandum at 5. Thereafter, under Commission’s copy contractor, 445 12th
pollution/reclassification-major- the OIAI policy, ‘‘facilities that are
nshattuck on DSK9F9SC42PROD with RULES

Street SW, Room CY–B402, Washington,
sources-area-sources-under-section-112- major sources for HAP on the ‘first DC 20554. Alternative formats are
clean. compliance date’ are required to comply available for people with disabilities
FOR FURTHER INFORMATION CONTACT: Ms. permanently with the MACT standard.’’ (Braille, large print, electronic files,
Elineth Torres or Ms. Debra Dalcher, Id. at 9. audio format), by sending an email to
Policy and Strategies Group, Sector The guidance signed on January 25, fcc504@fcc.gov or calling the
Policies and Programs Division (D205– 2018, supersedes that which was Commission’s Consumer and

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5544 Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations

Governmental Affairs Bureau at (202) Allotments and is the ‘‘successor Commission amends 47 CFR parts 27,
418–0530 (voice), (202) 418–0432 regulation’’ to § 73.606.3 54, 73, 74, and 76 as follows:
(TTY). 4. The rule revisions adopted in this
Order are non-substantive, editorial PART 27—MISCELLANEOUS
Paperwork Reduction Act of 1995 revisions. Because these revisions WIRELESS COMMUNICATIONS
Analysis merely eliminate provisions that are no SERVICES
This document does not contain new longer effective and thus obsolete, we
find good cause to conclude that notice ■ 1. The authority citation for part 27
or modified information collection
and comment procedures are continues to read as follows:
requirements subject to the Paperwork
Reduction Act of 1995 (PRA). In unnecessary and would not serve any Authority: 47 U.S.C. 154, 301, 302a, 303,
addition, therefore, it does not contain useful purpose. For the same reason, 307, 309, 332, 336, 337, 1403, 1404, 1451,
and to expedite the elimination of such and 1452, unless otherwise noted.
any new or modified information
collection burden for small business obsolete references for the benefit of the § 27.20 [Removed]
concerns with fewer than 25 employees, public, we find good cause to make
these rule revisions effective upon ■ 2. Remove § 27.20.
pursuant to the Small Business
Paperwork Relief Act of 2002. publication in the Federal Register.
5. Because these rule changes do not PART 54—UNIVERSAL SERVICE
Synopsis require notice and comment, the ■ 3. The authority citation for part 54
1. In this Order, we make non- Regulatory Flexibility Act does not continues to read as follows:
substantive, editorial revisions to parts apply.
6. The Commission will send a copy Authority: 47 U.S.C. 151, 154(i), 155, 201,
27, 54, 73, 74, and 76 of the 205, 214, 219, 220, 254, 303(r), 403, and 1302
Commission’s rules as part of our of the Order in a report to Congress and
unless otherwise noted.
continuing efforts to modernize our the Government Accountability Office
media regulations and eliminate pursuant to the Congressional Review § 54.418 [Removed]
Act. 4. Remove § 54.418.
unnecessary rules.1 These revisions ■
7. Accordingly, it is ordered that,
delete rule provisions that are without
effective upon publication in the PART 73—RADIO BROADCAST
current legal effect and are therefore Federal Register, parts 27, 54, 73, 74,
obsolete.2 SERVICES
and 76 of the Commission’s rules are
2. We delete rules that impose amended pursuant to the authority ■ 5. The authority citation for part 73
consumer notification and station contained in sections 4(i) and 303(r) of continues to read as follows:
interference protection obligations the Communications Act of 1934, as
relating to the analog-to-digital Authority: 47 U.S.C. 154, 303, 309, 310,
amended, 47 U.S.C. 154(i), 303(r) and in 334, 336, and 339.
transition for full power television sections 553(b)(3)(B) and 553(d)(3) of
broadcast stations (DTV transition), the Administrative Procedure Act, 5 ■ 6. Revise § 73.606 to read as follows:
which concluded on June 12, 2009. In U.S.C. 553(b)(3)(B), 553(d)(3). § 73.606 Table of allotments.
particular, we delete §§ 27.20, 54.418,
73.616(a) and the accompanying Note, List of Subjects The table of allotments set forth in
73.674, 73.3526(e)(11)(iv), § 73.622(i) contains the channels
47 CFR Parts 27 and 54 designated for the listed communities in
73.3527(e)(13) and 76.1630 of the
Commission’s rules, which are without Communications, Communications the United States, its Territories, and
common carriers, Telecommunications. possessions. Channels designated with
current legal effect and obsolete. We
also delete the Note to § 73.625(a)(1), 47 CFR Parts 73 and 74 an asterisk are assigned for use by
which sets forth outdated DTV principal noncommercial educational broadcast
Communications, Television. stations only.
community coverage minimum field
strength requirements applicable to 47 CFR Part 76 §§ 73.607, 73.610, and 73.611 [Removed]
certain television broadcast licensees. Cable television, Communications, ■ 7. Remove §§ 73.607, 73.610, and
3. In addition, we delete rules that Television. 73.611.
were adopted in conjunction with full Federal Communications Commission.
power analog television broadcasting, Marlene H. Dortch, § 73.616 [Amended]
which is no longer permitted. ■ 8. Amend § 73.616 by removing
Secretary, Office of the Secretary.
Specifically, we delete §§ 73.607, paragraph (a), redesignating paragraphs
73.610, 73.611, 73.671(d), 73.6011, Final Rules (b) through (f) as paragraphs (a) through
73.6016, and 74.705 of the For the reasons discussed in the (e), and removing the note to § 73.616.
Commission’s rules, which are without preamble, the Federal Communications
current legal effect and obsolete. In § 73.625 [Amended]
addition, we amend § 73.606 of our 3 Section 73.606 (the analog TV Table of ■ 9. Amend § 73.625(a)(1) by removing
rules by deleting the Table of Allotments) is referenced in the statutory definition the note to the paragraph.
Allotments applicable to full power of a ‘‘qualified noncommercial educational
television station’’ that qualifies for must carry § 73.671 [Amended]
analog television broadcast service and rights, although the statute also refers to ‘‘any
cross-referencing § 73.622(i), which sets successor regulation’’ to § 73.606. The ‘‘successor ■ 10. Amend § 73.671 by removing and
forth the Post-Transition Table of DTV regulation’’ to § 73.606 is § 73.622(i), the Post- reserving paragraph (d).
nshattuck on DSK9F9SC42PROD with RULES

Transition Table of DTV Allotments. During the
post-incentive auction transition process, the § 73.674 [Removed]
1 Commission Launches Modernization of Media
Commission has explained that it will not use a
Regulation Initiative, Public Notice, 32 FCC Rcd codified Table of Allotments to implement post- ■ 11. Remove § 73.674.
4406 (MB 2017). auction channel changes and that the Media Bureau
2 We delegate authority to the Media Bureau to intends to initiate a proceeding to amend § 73.622 § 73.3526 [Amended]
make conforming amendments to other Commission of the rules to reflect all new full power channel
rules that cross-reference the rule sections deleted assignments as well as NCE status in a revised ■ 12. Amend § 73.3526 by removing
in this Order. Table of Allotments. paragraph (e)(11)(iv).

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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations 5545

§ 73.3527 [Amended] mammals incidental to conducting and reporting requirements. Section
■ 13. Amend § 73.3527 by removing and testing and training activities in the 101(a)(5)(A) of the MMPA and the
reserving paragraph (e)(13). Eglin Gulf Test and Training Range implementing regulations at 50 CFR part
(EGTTR) in the Gulf of Mexico over the 216, subpart I provide the legal basis for
§§ 73.6011 and 73.6016 [Removed] course of five years. These regulations issuing this rule and any subsequent
■ 14. Remove §§ 73.6011 and 73.6016. allow NMFS to issue a Letter of LOA pursuant to those regulations. As
Authorization (LOA) for the incidental directed by this legal authority, this
PART 74—EXPERIMENTAL RADIO, take of marine mammals during the final rule contains mitigation,
AUXILIARY, SPECIAL BROADCAST specified testing and training activities monitoring, and reporting requirements.
AND OTHER PROGRAM carried out during the rule’s period of Authorization for incidental takings
DISTRIBUTIONAL SERVICES effectiveness, set forth the permissible shall be granted if NMFS finds that the
methods of taking, set forth other means taking will have a negligible impact on
■ 15. The authority citation for part 74 of effecting the least practicable adverse the species or stock(s), will not have an
continues to read as follows: impact on marine mammal species or unmitigable adverse impact on the
Authority: 47 U.S.C. 154, 302a, 303, 307, stocks and their habitat, and set forth availability of the species or stock(s) for
309, 310, 336 and 554. requirements pertaining to the subsistence uses (where relevant), and if
monitoring and reporting of the the Secretary sets forth permissible
§ 74.705 [Removed] incidental take. The specific activities methods of taking and other means of
■ 16. Remove § 74.705. are classified as military readiness effecting the least practicable impact on
activities. the species or stock and its habitat.
PART 76—MULTICHANNEL VIDEO NMFS has defined ‘‘negligible impact’’
DATES: Effective February 13, 2018
AND CABLE TELEVISION SERVICE in 50 CFR 216.103 as ‘‘an impact
through February 12, 2023.
resulting from the specified activity that
■ 17. The authority citation for part 76 ADDRESSES: To obtain an electronic cannot be reasonably expected to, and is
continues to read as follows: copy of the USAF 96 CEG/CEIEA’s LOA not reasonably likely to, adversely affect
application or other referenced the species or stock through effects on
Authority: 47 U.S.C. 151, 152, 153, 154, documents, visit the internet at: http://
301, 302, 302a, 303, 303a, 307, 308, 309, 312, annual rates of recruitment or survival.’’
315, 317, 325, 338, 339, 340, 341, 503, 521,
www.nmfs.noaa.gov/pr/permits/ The National Defense Authorization
522, 531, 532, 534, 535, 536, 537, 543, 544, incidental/military.htm. Documents Act for Fiscal Year 2004 (Section 319,
544a, 545, 548, 549, 552, 554, 556, 558, 560, cited in this rule may also be viewed, by Pub. L. 108–136, November 24, 2003)
561, 571, 572, 573. appointment, during regular business (NDAA of 2004) removed the ‘‘small
hours, at 1315 East-West Highway, numbers’’ and ‘‘specified geographical
§ 76.1630 [Removed] SSMC III, Silver Spring, MD 20912. region’’ limitations indicated earlier and
■ 18. Remove § 76.1630. FOR FURTHER INFORMATION CONTACT: Rob amended the definition of harassment as
[FR Doc. 2018–02552 Filed 2–7–18; 8:45 am] Pauline, Office of Protected Resources, it applies to a ‘‘military readiness
BILLING CODE 6712–01–P
NMFS, (301) 427–8401. activity’’ to read as follows (Section
SUPPLEMENTARY INFORMATION: 3(18)(B) of the MMPA, 16 U.S.C.
1362(18)(B)): (i) Any act that injures or
Availability has the significant potential to injure a
DEPARTMENT OF COMMERCE A copy of the 96 CEG/CEIEA’s marine mammal or marine mammal
National Oceanic and Atmospheric application, NMFS proposed rule (82 FR stock in the wild (Level A Harassment);
Administration 61372; December 27, 2017), the USAF’s or (ii) any act that disturbs or is likely
Eglin Gulf Test and Training Range to disturb a marine mammal or marine
50 CFR Part 218 Environmental Assessment (Navy 2015) mammal stock in the wild by causing
and NMFS Finding of No Significant disruption of natural behavioral
[Docket No. 170831846–8105–02] Impact (FONSI) may be obtained by patterns, including, but not limited to,
visiting the internet at: http:// migration, surfacing, nursing, breeding,
RIN 0648–BH21
www.nmfs.noaa.gov/pr/permits/ feeding, or sheltering, to a point where
Taking and Importing Marine incidental/military.htm. Documents such behavioral patterns are abandoned
Mammals; Taking Marine Mammals cited in this rule may also be viewed, by or significantly altered (Level B
Incidental to Testing and Training appointment, during regular business Harassment).
Activities Conducted in the Eglin Gulf hours, at the aforementioned address
(see ADDRESSES). National Environmental Policy Act
Test and Training Range in the Gulf of
Mexico To comply with the National
Background Environmental Policy Act of 1969
AGENCY: National Marine Fisheries Section 101(a)(5)(A) of the MMPA (16 (NEPA; 42 U.S.C. 4321 et seq.) and
Service (NMFS), National Oceanic and U.S.C. 1371(a)(5)(A)) directs the NOAA Administrative Order (NAO)
Atmospheric Administration (NOAA), Secretary of Commerce to allow, upon 216–6A, NMFS must review the
Commerce. request, the incidental, but not proposed action (i.e., the issuance of
ACTION: Final rule. intentional taking of small numbers of regulations and an LOA) with respect to
marine mammals by U.S. citizens who potential impacts on the human
SUMMARY: Upon application from the engage in a specified activity (other than environment.
nshattuck on DSK9F9SC42PROD with RULES

United States Air Force (USAF), 96th commercial fishing) within a specified Accordingly, NMFS has adopted the
Civil Engineer Group/Environmental geographical region for up to five years USAF’s Eglin Gulf Test and Training
Planning Office (96 CEG/CEIEA) at Eglin if, after notice and public comment, the Range Environmental Assessment and
Air Force Base (hereafter referred to as agency makes certain findings and after an independent evaluation of the
Eglin AFB), NMFS is issuing regulations issues regulations that set forth document found that it included
under the Marine Mammal Protection permissible methods of taking pursuant adequate information analyzing the
Act (MMPA) for the taking of marine to that activity, as well as monitoring effects on the human environment of

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Document Created: 2018-02-08 00:16:29
Document Modified: 2018-02-08 00:16:29

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		These rule revisions are effective on February 8, 2018.
Contact		For additional information on this proceeding, contact Raelynn Remy of the Policy Division, Media Bureau at [email protected], or (202) 418-2120.
FR Citation		83 FR 5543
CFR Citation		47 CFR 27 47 CFR 54 47 CFR 73 47 CFR 74 47 CFR 76
CFR Associated		Communications; Communications Common Carriers; Telecommunications; Television and Cable Television