58210 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, this proposed rulemaking 

action, pertaining to New York’s 

submissions, is not approved to apply 

on any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have Tribal 

implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The NYSDEC did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2023–18283 Filed 8–24–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–281; RM–11958; DA 23– 

706; FR ID 165158] 

Television Broadcasting Services; 

Alamogordo, New Mexico 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by Vision 

Broadcasting Networks, Inc. (Petitioner), 

requesting the allotment of reserved 

noncommercial educational (NCE) 

channel *4 to Alamogordo, New Mexico 

as the community’s first local television 

service. 

DATES: Comments must be filed on or 

before September 25, 2023 and reply 

comments on or before October 10, 

2023. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

James L. Oyster, Esq., 108 Oyster Lane, 

Castleton, Virginia 22716. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Petitioner contends that Alamogordo is 

a community deserving of a new 

television broadcast service. In support, 

the Petitioner states that Alamogordo, 

with a 2020 population of 30,898 is the 

county seat of Otero County. 

Alamogordo has a mayor, six 

Commissioners, and a city manager; 

police, fire, public works, and utility 

departments, planning, engineering, and 

community and economic development 

departments; a library, school district, 

numerous businesses and places of 

worship; and its own ZIP Code. The 

Petitioner states its intention to file an 

application for channel *4, if allotted, 

and take all necessary steps to obtain a 

construction permit. The proposed 

amendment to the Table of TV 

Allotments warrants consideration. The 

Petitioner’s proposal would result in a 

first local service to Alamogordo under 

Allotment Priority (2) of the 

Commission’s television allotment 

priority standard. The Petitioner 

demonstrates, and a staff engineering 

analysis confirms, that channel *4 can 

be allotted to Alamogordo, New Mexico, 

consistent with the minimum 

geographic spacing requirements for 

new allotments in section 73.623(d) of 

the Commission’s rules. In addition, the 

allotment point complies with section 

73.625(a)(1) of the rules as the entire 

community of Alamogordo is 

encompassed by the 35 dBm contour. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–281; 

RM–11958; DA 23–706, adopted August 

16, 2023, and released August 16, 2023. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov or call the Consumer & 

Government Affairs Bureau at (202) 

418–0530 (VOICE), (202) 418–0432 

(TTY). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 58211 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a Notice of Proposed 

Rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in section 1.1204(a) 

of the Commission’s rules, 47 CFR 

1.1204(a). 

See sections 1.415 and 1.420 of the 

Commission’s rules for information 

regarding the proper filing procedures 

for comments, 47 CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Proposed Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. Amend § 73.622 by adding, in the 

table in paragraph (j), under New 

Mexico, in alphabetical order the entry 

for ‘‘Alamogordo’’ to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

New Mexico 

* * * * * 

Alamogordo .......................... * 4 

* * * * * 

[FR Doc. 2023–18343 Filed 8–24–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[PSHSB: PS Docket No. 23–239; FCC 23– 

65 FR ID 166265] 

Cybersecurity Labeling for Internet of 

Things 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes measures to 

improve consumer confidence and 

understanding of the security of their 

connected devices—commonly known 

as Internet of Things (IoT) devices—that 

are woven into the fabric of their 

everyday lives. To provide consumers 

with the peace of mind that the 

technology being brought into their 

homes is reasonably secure, and to help 

guard against risks to communications, 

the Commission proposes a voluntary 

cybersecurity labeling program that 

would provide easily understood, 

accessible information to consumers on 

the relative security of an IoT device or 

product, and assure consumers that 

manufacturers of devices bearing the 

Commission’s IoT cybersecurity label 

adhere to widely accepted cybersecurity 

standards. In this regard, the 

Commission’s cybersecurity labeling 

program would help consumers 

compare IoT devices and make 

informed purchasing decisions, drive 

consumers toward purchasing devices 

with greater security, incentivize 

manufacturers to meet higher 

cybersecurity standards to meet market 

demand, and encourage retailers to 

market secure devices. The proposed 

IoT label would offer a trusted, 

government-backed symbol for devices 

that comply with IoT cybersecurity 

standards. 

DATES: Comments are due on or before 

September 25, 2023 and reply 

comments are due on or before October 

10, 2023. Written comments on the 

Paperwork Reduction Act proposed 

information collection requirements 

must be submitted by the public and 

other interested parties on or before 

October 24, 2023. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 23–239, by 

any of the following methods: 

• Federal Communications 

Commission’s website: https://

www.apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Parties who choose to file by 

paper must file an original and one copy 

of each filing. If more than one docket 

or rulemaking number appears in the 

caption of this proceeding, filers must 

submit two additional copies for each 

additional docket or rulemaking 

number. Filings can be sent by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People with Disabilities. 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 & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Erika Olsen, Acting Chief, Cybersecurity 

and Communications Reliability 

Division, Public Safety and Homeland 

Security Bureau, (202) 418–2868, or by 

email to erika.olsen@fcc.gov; or James 

Zigouris, Attorney-Advisor, 

Cybersecurity and Communications 

Reliability Division, Public Safety and 

Homeland Security Bureau, (202) 418– 

0697, or by email to james.zigouris@

fcc.gov. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, send an 

email to PRA@fcc.gov or contact Nicole 

Ongele, Office of Managing Director, 

Performance Evaluation and Records 

Management, 202–418–2991, or by 

email to PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), FCC 23– 

65, adopted August 6, 2023, and 

released August 10, 2023. The full text 

of this document is available by 


ddrumheller on DSK120RN23PROD with PROPOSALS1