73536 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Rules and Regulations 

the Commission’s rules, reaffirming its 

commitment to apply for channel *3, 

and if authorized, to construct the 

facility. 

DATES: Effective November 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov; or 

Emily Harrison, Media Bureau, at (202) 

418–1665 or Emily.Harrison@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 88 FR 

57032 on August 22, 2023. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel *3. No other 

comments were received. 

The Bureau believes the public 

interest would be served by allotting 

channel *3 at Tulare, which has a 

population of 70,733 and clearly 

qualifies for community of license status 

for allotment purposes. As stated in the 

NPRM, Tulare is known for its 

agricultural production and is home to 

the nation’s largest single-site dairy 

complex. In addition, Petitioner states 

that Tulare has a mayor and five council 

members; police, public works, 

planning, engineering, and community 

and economic development 

departments; a library, school district; 

and numerous businesses and places of 

worship. In addition, the proposal 

would result in a first local service to 

Tulare under the Commission’s second 

allotment priority. The Petitioner 

demonstrates, and a staff engineering 

analysis confirms, that channel *3 can 

be allotted to Tulare consistent with the 

minimum geographic spacing 

requirements for new DTV allotments in 

section 73.623(d) of the rules. In 

addition, the allotment point complies 

with section 73.625(a)(1) of the rules as 

the entire community of Tulare is 

encompassed by the 35 dBm contour. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 23–279; RM–11956; DA 23– 

981, adopted October 16, 2023, and 

released October 16, 2023. The full text 

of this document is available for 

download at https://www.fcc.gov/edocs. 

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). 

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 

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. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 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. In § 73.622(j), amend the Table of 

TV Allotments, under California, by 

adding an entry for Tulare to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

California 

* * * * * 

Tulare .................................... *3 

* * * * * 

[FR Doc. 2023–23468 Filed 10–25–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

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

998; FR ID 181232] 

Television Broadcasting Services 

Alamogordo, New Mexico 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Video Division, Media 

Bureau (Bureau) has before it a Notice 

of Proposed Rulemaking issued in 

response to a Petition for Rulemaking 

filed by Vision Broadcasting Network, 

Inc. (Petitioner). The Petitioner requests 

the allotment of reserved 

noncommercial educational (NCE) 

channel *4 to Alamogordo, New Mexico 

(Alamogordo), in the Table of TV 

Allotments as the community’s first 

local television service. The Petitioner 

filed comments in support of the 

petition, as required by the 

Commission’s rules (rules), reaffirming 

its commitment to apply for channel *4 

and if authorized, to construct the 

facility. 

DATES: Effective November 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Emily Harrison, Media Bureau, at (202) 

418–1665 or Emily.Harrison@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 88 FR 

58210 on August 25, 2023. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel *4. No other 

comments were received. 

The Bureau believes the public 

interest would be served by allotting 

channel *4 at Alamogordo, which, as of 

2020, has a population of 30,898 and 

clearly qualifies for community of 

license status for allotment purposes. 

Alamogordo is the county seat of Otero 

County and has its own seat of 

government consisting of a mayor, six 

Commissioners, and a city manager, as 

well as its own police, fire, public 

works, utility, planning, engineering, 

and community and economic 

development departments. Alamogordo 

also has a library, school district, 

numerous businesses and places of 

worship, and its own ZIP Code. The 

proposal would also result in a first 

local service to Alamogordo under the 

Commission’s second allotment priority. 

The Petitioner demonstrates, and a staff 

engineering analysis confirms, that 

channel *4 can be allotted to 

Alamogordo consistent with the 

minimum geographic spacing 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Rules and Regulations 73537 

1See 49 U.S.C. 114(d). 

2See 49 U.S.C. 44901(a). 

3See 68 FR 7444 (Feb. 14, 2003) (initial 

interpretive rule); 68 FR 9902 (Mar. 3, 2003) 

(technical corrections); 70 FR 9877 (Mar. 1, 2005) 

(prohibiting lighters); 70 FR 51679 (Aug. 31, 2005) 

(permitting certain small scissors that persons with 

ostomies need); 70 FR 72930 (Dec. 8, 2005) 

(allowing small scissors and small tools); and 72 FR 

40262 (July 24, 2007) (new enforcement policy 

regarding lighters, allowing one lighter). 

4 68 FR at 7445. 

requirements for new DTV allotments in 

section 73.623(d) of the 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 Report and Order, MB 

Docket No. 23–281; RM–11958; DA 23– 

998, adopted October 20, 2023, and 

released October 20, 2023. The full text 

of this document is available for 

download at https://www.fcc.gov/edocs. 

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). 

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 

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. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 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. In § 73.622(j), amend the Table of 

TV Allotments, under New Mexico, by 

adding an entry for Alamogordo to read 

as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

New Mexico 

* * * * * 

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

* * * * * 

[FR Doc. 2023–23663 Filed 10–25–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1540 

Prohibited Items 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Interpretive rule. 

SUMMARY: The Transportation Security 

Administration (TSA) is amending its 

interpretive rule that provides guidance 

to the public on the types of items that 

TSA considers to be weapons, 

explosives, and incendiaries, which are 

prohibited in airport sterile areas, in the 

cabins of aircraft, or in passengers’ 

checked baggage. This document adds a 

limited type of unpressurized gas 

cylinders for air guns used in 

competitive shooting to those items that 

may be placed in checked baggage but 

continue to be prohibited in sterile areas 

and aircraft cabins. This document also 

provides clarification on prohibited 

sharp objects and certain self-defense 

items. 

DATES: This rule is effective October 26, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Justin Keear, Requirements 

Development Branch, Requirements and 

Capabilities Analysis, Transportation 

Security Administration, 6595 

Springfield Center Drive, Springfield, 

VA 20598–6016; Telephone (571) 422– 

7202; email ORCAPIL@tsa.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Document 

You can find an electronic copy of 

this rulemaking using the internet by 

accessing the Government Publishing 

Office’s web page at https://

www.govinfo.gov/app/collection/FR/ to 

view the daily published Federal 

Register edition or accessing the Office 

of the Federal Register’s web page at 

https://www.federalregister.gov. Copies 

are also available by contacting the 

individual identified in the FOR FURTHER

INFORMATION CONTACT section. 

Statutory and Regulatory Background 

TSA is responsible for security in all 

modes of transportation, including 

aviation.1 In addition, TSA is required 

to screen all passengers and property, 

including carry-on and checked 

baggage, and other articles.2 Under 

TSA’s regulation on acceptance and 

screening of individuals and accessible 

property, 49 CFR 1540.111(a), an 

individual (other than law enforcement 

personnel or other authorized 

individuals) may not have a weapon, 

explosive, or incendiary, on or about the 

individual’s person or accessible 

property— 

(1) When performance has begun of 

the inspection of the individual’s person 

or accessible property before entering a 

sterile area, or before boarding an 

aircraft for which screening is 

conducted under this subchapter; 

(2) When the individual is entering or 

in a sterile area; or 

(3) When the individual is attempting 

to board or onboard an aircraft for 

which screening is conducted under 49 

CFR 1544.201, 1546.201, or 1562.23. 

Under 49 CFR 1540.111(c), a 

passenger may not transport the 

following items in checked baggage: any 

loaded firearms; any unloaded firearms 

unless it meets specific packaging 

requirements and is properly declared; 

or any unauthorized explosive or 

incendiary. 

Since February 2003, TSA has 

published a series of interpretive rules 

that provide guidance to the public on 

the types of property TSA considers to 

be weapons, explosives, and 

incendiaries prohibited on an 

individual’s person, accessible property, 

or in checked baggage, as well as items 

that may be permitted, if they clear 

TSA’s required screening.3

As noted in the first interpretive rule, 

neither the prohibited items list nor the 

permitted items list in this regulatory 

interpretation contains all possible 

items.4 As a result, items not 

specifically included on the prohibited 

items list may be prohibited in a sterile 

area and the cabin of an aircraft. 


ddrumheller on DSK120RN23PROD with RULES1