Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80993 

§ 423.60 How special use areas are 

designated. 

(a) * * * 

(1) Establish special use areas within 

Reclamation facilities, lands, or 

waterbodies for application of 

reasonable schedules of visiting hours; 

public use limits; and other conditions, 

restrictions, allowances, or prohibitions 

on particular uses or activities that vary 

from the provisions of subpart C of this 

part, except § 423.28(a); and 

* * * * * 

■ 14. Revise § 423.63 to read as follows: 

§ 423.63 Existing special use areas. 

Areas where rules were in effect on 

April 17, 2006, that differ from the rules 

set forth in subpart C of this part are 

considered existing special use areas, 

and such differing rules remain in effect 

to the extent allowed by subpart A of 

this part, and to the extent they are 

consistent with § 423.28(a). For those 

existing special use areas, compliance 

with §§ 423.60 through 423.62 is not 

required until the rules applicable in 

those special use areas are modified or 

terminated. 

Michael Brain, 

Principal Deputy Assistant Secretary for 

Water and Science. 

[FR Doc. 2023–25466 Filed 11–20–23; 8:45 am] 

BILLING CODE 4332–90–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–287; RM–11961; DA 23– 

1055; FR ID 184580] 

Television Broadcasting Services 

Idaho Falls, Idaho 

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 NPG of Idaho, Inc. (Petitioner), 

the licensee of station KIFI–TV (KIFI or 

Station), channel 8, Idaho Falls, Idaho 

(Idaho Falls). The Petitioner has 

requested the substitution of UHF 

channel 18 for VHF channel 8 in the 

Table of TV Allotments. The Petitioner 

filed comments in support of the 

petition, as required by the 

Commission’s rules (rules), reaffirming 

its commitment to apply for channel 18. 

DATES: Effective November 21, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 88 FR 

60612 on September 5, 2023. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 18. No other 

comments were received. 

The Bureau believes the public 

interest would be served by substituting 

channel 18 for channel 8 at Idaho Falls, 

Idaho. In support of its channel 

substitution request, the Petitioner 

states that KIFI has received numerous 

complaints about reception of its 

channel 8 facility since the end of the 

DTV transition in 2009, and that the 

channel substitution will serve the 

public interest by resolving the 

reception issues currently experienced 

by viewers in the Station’s service area 

and expanding the availability of 

reliable, free over-the-air network 

television service within the Station’s 

market. In this regard, the Petitioner 

notes that the Commission has 

recognized that VHF channels pose 

challenges in providing digital 

television service, including 

propagation characteristics in the band 

that allow undesired signals and noise 

to interfere at relatively farther distances 

compared to UHF channels, and for 

nearby electrical devices to cause 

interference. Therefore, many current 

viewers within the Station’s noise 

limited service contour who do not 

currently receive the Station will be able 

to do so once the channel substitution 

is implemented. Moreover, when using 

the Commission’s TVStudy software 

tool, the proposed channel 18 facility 

will create a predicted service loss of 

only 327 persons, which the Petitioner 

asserts is de minimis. 

As proposed, channel 18 can be 

substituted for channel 8 at Idaho Falls 

in compliance with the principal 

community coverage requirements of 

section 73.625(a) of the rules, at 

coordinates 43°30′04.0′′ N and 

112°39′46.0′′ W. In addition, we find 

that this channel change meets the 

technical requirements set forth in 

sections 73.616 and 73.623 of the rules 

with the following specifications. 

Although the Petitioner’s proposal 

would result in a loss of programming 

to a limited number of viewers, we find 

that the overall benefits of the proposed 

channel change in resolving reception 

issues outweighs any possible harm to 

the public interest. When taking into 

account terrain, the Petitioner’s 

proposal would result in a loss of 

service to 327 persons, which the 

Commission considers to be a de 

minimis loss of service. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 23–287; RM–11961; DA 23– 

1055, adopted November 7, 2023, and 

released November 7, 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 

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. In § 73.622(j), amend the Table of 

TV Allotments, under Idaho, by revising 

the entry for Idaho Falls to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 


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80994 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

Community Channel No. 

* * * * * 

Idaho 

* * * * * 

Idaho Falls ................. 18, 20, 36. 

* * * * * 

* * * * * 

[FR Doc. 2023–25393 Filed 11–20–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number 230921–0231] 

RIN 0660–AA39 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management 

AGENCY: National Telecommunications 

and Information Administration (NTIA), 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) is making 

certain changes to its regulations 

relating to the public availability of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual). NTIA has 

the authority, delegated by the 

president, to assign frequencies to radio 

stations or classes of radio stations 

belonging to and operated by the United 

States. NTIA’s manual reflects this 

authority and provides for the 

coordination of Executive branch 

agencies’ spectrum management and 

coordination. Specifically, NTIA is 

releasing a revised edition of the NTIA 

Manual, with which Federal agencies 

must comply when requesting use of 

radio frequency spectrum. 

DATES: Effective: November 21, 2023. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of November 21, 2023. 

ADDRESSES: A reference copy of the 

NTIA Manual, including all revisions in 

effect, is available in the Office of 

Spectrum Management, 1401 

Constitution Avenue NW, Room 1087, 

Washington, DC 20230 and online at 

https://ntia.gov/publications/redbookmanual. 

FOR FURTHER INFORMATION CONTACT: 

Alan Frable, Office of Spectrum 

Management, at (202) 482–1670 or 

afrable@ntia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Incorporation by 

Reference 

NTIA authorizes the U.S. 

Government’s use of radio frequency 

spectrum. 47 U.S.C. 902(b)(2)(A). As 

part of this authority, NTIA developed 

the NTIA Manual to provide further 

guidance to applicable Federal agencies 

on the use of the radio frequency 

spectrum for radio transmissions for 

telecommunications or for other 

purposes. The NTIA Manual is the 

compilation of policies and procedures 

that govern the use of the radio 

frequency spectrum by the U.S. 

Government. Federal Government 

agencies are required to follow these 

policies and procedures in their use of 

spectrum. Part 300 of title 47 of the 

Code of Federal Regulations (CFR) 

provides information about the process 

by which NTIA regularly revises the 

NTIA Manual and makes public this 

document and all revisions. Federal 

agencies are required to comply with 

the specifications in the NTIA Manual 

when requesting frequency assignments. 

See 47 U.S.C. 901 et seq., Executive 

Order 12046 (March 27, 1978), 43 FR 

13349, 3 CFR, 1978 Comp., p. 158. This 

rule updates § 300.1 of title 47 of the 

Code of Federal Regulations to specify 

the edition of the NTIA Manual with 

which Federal agencies must comply 

when requesting frequency assignments. 

This rule amends the section by 

incorporating by reference the 2023 

edition of the NTIA Manual. Upon the 

effective date of this rule, Federal 

agencies must comply with the 

requirements set forth in the 2023 

edition of the NTIA Manual. The NTIA 

Manual is available from the 

Superintendent of Documents, U.S. 

Government Printing Office, 

Washington, DC 20402, by referring to 

Catalog Number 903–008–00000–8, and 

online at https://ntia.gov/publications/ 

redbook-manual. The material is 

available from: Commerce Department, 

National Telecommunications and 

Information Administration, Office of 

Spectrum Management, 1401 

Constitution Avenue NW, Washington, 

DC 20230, https://ntia.gov/publications/ 

redbook-manual; and Superintendent of 

Documents, U.S. Government Printing 

Office, Washington, DC 20402, https://

bookstore.gpo.gov/ (reference Catalog 

Number 903–008–00000–8). 

II. Paperwork Reduction Act 

This action does not contain 

collection of information requirements 

subject to the Paperwork Reduction Act 

(PRA). Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information subject 

to the Paperwork Reduction Act unless 

that collection displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. 

III. Executive Order 12866 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

IV. Administrative Procedure Act and 

Regulatory Flexibility Act 

NTIA finds good cause under 5 U.S.C. 

553(b)(3)(B) to waive prior notice and 

opportunity for public comment as it is 

unnecessary. This action merely amends 

the regulations to include the date of the 

most current edition of the NTIA 

Manual. These changes do not impact 

the rights or obligations to the public. 

The NTIA Manual applies only to 

Federal agencies. Because these changes 

impact only Federal agencies, and has 

no other substantive impact, NTIA finds 

it unnecessary to provide for the notice 

and comment requirements of 5 U.S.C. 

553. NTIA finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effectiveness for the same 

reasons provided above. Because notice 

and opportunity for comment are not 

required pursuant to 5 U.S.C. 553 or any 

other law, the analytical requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) are not applicable. 

Therefore, a regulatory flexibility 

analysis is not required and has not 

been prepared. 

V. Executive Order 13132 

This rule does not contain policies 

having federalism implications as that 

term is defined in Executive Order 

13132. 

List of Subjects in 47 CFR Part 300 

Communications, Incorporation by 

reference, Radio. 

For the reasons set forth in the 

preamble, NTIA amends 47 CFR part 

300 as follows: 

PART 300—MANUAL OF 

REGULATIONS AND PROCEDURES 

FOR FEDERAL RADIO FREQUENCY 

MANAGEMENT 

■ 1. The authority citation for part 300 

continues to read as follows: 


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