Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 62471 

1Update to Publication for Television Broadcast 

Station DMA Determinations for Cable and Satellite 

Carriage, Report and Order, FCC 22–89, MB Docket 

No. 22–239 (rel. Nov. 18, 2022). 

2 Id. at Appendix B, Final Rules, para. 3. 

3 47 U.S.C. 325(b)(3)(B) (‘‘The regulations 

required by subparagraph (A) shall require that 

television stations, within one year after October 5, 

1992, and every three years thereafter, make an 

election between the right to grant retransmission 

consent under this subsection and the right to 

signal carriage under section 534 of this title.’’). 

4 Id. 

5 5 U.S.C. 553(b)(3)(B) (notice and comment is not 

necessary ‘‘when the agency for good cause finds 

(and incorporates the finding and a brief statement 

of reasons therefor in the rules issued) that notice 

and public procedure thereon are impracticable, 

unnecessary, or contrary to the public interest’’). 

6The Paperwork Reduction Act of 1995, Public 

Law 104–13, 109 Stat. 163 (1995) (codified in 

Chapter 35 of title 44 U.S.C.). 

7The Small Business Paperwork Relief Act of 

2002 (SBPRA), Public Law 107–198, 116 Stat. 729 

(2002) (codified in Chapter 35 of title 44 U.S.C.); see 

44 U.S.C. 3506(c)(4). 

TABLE 2 TO PARAGRAPH (d)—Continued 

Commodity Parts per 

million 

Vegetable, Brassica, head and stem, group 5–16 .............................................................................................................................. 0.015 

Vegetable, bulb, group 3–07 ............................................................................................................................................................... 0.03 

Vegetable, legume, forage and hay, group 7–22, forage ................................................................................................................... 0.09 

Vegetable, legume, forage and hay, group 7–22, hay ........................................................................................................................ 0.4 

Vegetable, leafy, group 4–16 .............................................................................................................................................................. 0.015 

Vegetable, leaves of root and tuber, group 2 ..................................................................................................................................... 0.015 

Vegetable, legume, group 6–22 .......................................................................................................................................................... 0.8 

Vegetable, root, subgroup 1B .............................................................................................................................................................. 0.02 

[FR Doc. 2023–19607 Filed 9–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 22–239; DA 23–740; FR ID 

169282] 

Update to Publication for Television 

Broadcast Station DMA Determinations 

for Cable and Satellite Carriage 

AGENCY: Federal Communications 

Commission. 

ACTION: Technical amendment. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) conforms a section of its 

rules to the requirements of the 

Communications Act, correcting errors 

that were inadvertently introduced in 

the prior Report and Order, which 

revised Commission rules to use the 

Nielsen Company’s Local TV Station 

Information Report as the successor 

publication to the annual Station Index 

Directory and United States Television 

Household Estimates in determining a 

television station’s designated market 

area for satellite and cable carriage 

under the Commission’s regulations. 

This action makes no substantive 

changes to this regulation. 

DATES: This rule is effective October 12, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Contact Kenneth Lewis, Kenneth.lewis@

fcc.gov, of the Media Bureau, Policy 

Division, (202) 418–2622. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Media Bureau’s Order, 

in MB Docket No. 22–239; DA 23–740, 

adopted and released on August 21, 

2023. The full text of this document is 

available for download at https://

docs.fcc.gov/public/attachments/DA-23- 

740A1.pdf. To request materials in 

accessible formats (braille, large print, 

computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov (mailto:FCC504@

fccc.gov) or call the Consumer and 

Government Affairs Bureau at (202) 

418–0530 (VOICE), (202) 418–0432 

(TTY). 

Synopsis 

On November 17, 2022, the 

Commission adopted the Nielsen 

Update Report and Order, MB Docket 

No. 22–239, FCC 22–89, which revised 

Commission rules to use the Nielsen 

Company’s Local TV Station 

Information Report as the successor 

publication to the annual Station Index 

Directory and United States Television 

Household Estimates in determining a 

television station’s designated market 

area for satellite and cable carriage 

under the Commission’s regulations.1

Pursuant to that change, § 76.66(e)(3) of 

the Commission’s rules was revised, and 

the time periods mentioned in that rule 

were brought up to date.2 These updates 

were intended to reflect the upcoming 

statutorily-established carriage election 

cycle periods,3 but contained errors. 

Technical Correction 

Section 47 U.S.C. 325(b)(3)(B) 

requires that television stations, within 

one year after October 5, 1992, and 

every three years thereafter, make an 

election between the right to grant 

retransmission consent under this 

subsection and the right to signal 

carriage under section 534 of this 

title.’’ 4 In this Order, we revise 

§ 76.66(e)(3) of the Commission’s rules 

in order to conform to the requirements 

of the Communications Act. 

Specifically, we correct the references to 

the upcoming carriage election cycles in 

the first and second sentences to 

confirm that the next cycle runs from 

2024–2026 (not 2024–2027), and the 

following cycle runs from 2027–2029 

(not 2028–2030). 

Regulatory Analyses 

Administrative Procedure Act 

We find that notice and comment 

procedures are unnecessary under the 

‘‘good cause’’ exception of the 

Administrative Procedure Act (APA) 

because correcting the references in 

§ 76.66(e)(3) entails no exercise of our 

administrative discretion.5 The dates of 

each carriage cycle are long-established 

as a matter of law, and the reference to 

these dates in § 76.66 is merely as an aid 

to understanding. The rule change does 

not establish additional regulatory 

obligations or burdens on regulated 

entities. Consequently, we find notice 

and comment procedures are 

unnecessary for this action. 

Paperwork Reduction Act Analysis 

This document does not contain any 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA).6 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 2002.7

Congressional Review Act 

Because this is a technical correction, 

there is no impact under the 

Congressional Review Act, 5 U.S.C. 

804(2). Thus, the Bureau will not send 


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62472 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 

8 5 U.S.C. 601 et seq. See id. section 601(2). 

a copy of this Order to Congress or the 

Government Accountability Office. 

Regulatory Flexibility Act 

Because these rule changes are being 

adopted without notice and comment, 

the Regulatory Flexibility Act 8 does not 

apply. 

List of Subjects in 47 CFR Part 76 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 76 by 

making the following technical 

amendment: 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 1. 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. 

■ 2. Section 76.66 is amended by 

revising paragraph (e)(3) to read as 

follows: 

§ 76.66 Satellite broadcast signal carriage. 

* * * * * 

(e) * * * 

(3) A satellite carrier shall use the 

October 2021 Nielsen Local TV Station 

Information for the retransmission 

consent-mandatory carriage election 

cycle commencing on January 1, 2024, 

and ending on December 31, 2026. The 

October 2024 Nielsen Local TV Station 

Information Report shall be used for the 

retransmission consent-mandatory 

carriage election cycle commencing 

January 1, 2027, and ending December 

31, 2029, and so forth using the 

publications for the October two years 

prior to each triennial election pursuant 

to this section. Provided, however, that 

a county deleted from a market by 

Nielsen need not be subtracted from a 

market in which a satellite carrier 

provides local-into-local service, if that 

county is assigned to that market in the 

1999–2000 Nielsen Station Index 

Directory or any subsequent issue of 

that publication, or the Local TV Station 

Information Report commencing with 

October 2021, and every three years 

thereafter (i.e., October 2024, October 

2027, etc.). A satellite carrier may 

determine which local market in the 

State of Alaska will be deemed to be the 

relevant local market in connection with 

each subscriber in an area in the State 

of Alaska that is outside of a designated 

market, as described in paragraph (e)(2) 

of this section. 

* * * * * 

[FR Doc. 2023–19612 Filed 9–11–23; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 515, 538, and 552 

[GSAR Case 2019–G503; Docket No. 2022– 

0019; Sequence No. 1] 

RIN 3090–AK09 

General Services Administration 

Acquisition Regulation (GSAR); 

Streamline GSA Commercial Contract 

Clause Requirements 

AGENCY: Office of Acquisition Policy, 

General Services Administration. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is issuing this 

final rule amending the GSAR to clarify 

and streamline the clauses contracting 

officers should reference in acquisitions 

for commercial products and services. 

DATES: Effective: October 12, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Nicholas Giles or Ms. Johnnie 

McDowell, Procurement Analysts at 

202–718–6112 or GSARPolicy@gsa.gov. 

For information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegsec@gsa.gov. 

Please cite GSAR Case 2019–G503. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA published a proposed rule in the 

Federal Register at 87 FR 77783 on 

December 20, 2022, to amend the GSAR 

to streamline, reorganize, and delete 

duplicative and outdated clauses. These 

changes can be categorized into three 

areas: reorganization of commercial 

clauses and applicable parts; relocation 

of an FSS clause; and editorial changes. 

This rule updates several clauses and 

other related parts by eliminating out of 

date references and any requirements 

that are not necessary by law. 

Specifically, GSA streamlined and 

reorganized the references in GSAR 

Clauses 552.212–71 and 552.212–72, 

and other related GSAR sections to 

reduce duplicative content and to 

ensure consistency within GSA’s 

guidance as it relates to the acquisition 

of commercial products and commercial 

services. 

In addition, GSA identified several 

duplicative and outdated clauses 

incorporated by reference at GSAR 

552.212–71 Contract Terms and 

Conditions Applicable to GSA 

Acquisitions of Commercial Products 

and Commercial Services, GSAR 

552.212–72 Contract Terms and 

Conditions Required To Implement 

Statutes or Executive Orders Applicable 

to GSA Acquisition of Commercial 

Products and Commercial Services, and 

other related GSAR sections. 

II. Discussion of the Final Rule 

A. Analysis of Public Comments 

GSA provided the public a 60-day 

comment period (December 20, 2022, to 

February 21, 2023). GSA did not receive 

any comments from the public. 

B. Summary of Changes 

GSA did not make any significant 

changes, or changes of any kind, since 

publication of the proposed rule. 

III. Expected Impact of the Rule 

This final rule will assist GSA’s 

contracting officers in ensuring 

appropriate safeguards are followed 

when procuring commercial products 

and services. Contracting officers will be 

able to clearly identify which clauses to 

consider inserting in solicitations and 

contracts when procuring commercial 

products and services. In addition, the 

removal of duplicative and outdated 

clauses will reduce the amount of time 

contracting officers need in preparing 

solicitation packages and monitoring 

contracts. 

IV. Executive Orders 12866, 13563 and 

14094 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 14094 (Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in E.O. 

12866 and E.O. 13563. The Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB) has determined that this 


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