81350 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T01–0848 to read as 

follows: 

§ 165.T01–0848 Security Zone; Nantucket 

Memorial Airport, Abrams Point and 

Straight Wharf, Nantucket, MA. 

(a) Location. The following areas are 

security zones: All navigable waters 500 

yards from Nantucket Memorial Airport 

and Straight Wharf as well as 1,000 

yards from Abrams Point, Nantucket, 

Massachusetts. 

(b) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Southeastern New 

England (COTP) or the COTP’s 

designated representative. Designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of U.S. Coast Guard 

Sector Southeastern New England. 

(2) Vessels requiring entry into the 

security zones must request permission 

from the COTP or a designated 

representative. To seek entry into the 

security zones, contact the COTP or the 

COTP’s representative by telephone at 

508–457–3211 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter the security zones must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(c) Enforcement period. This section 

will be enforced from 12:01 a.m. on 

November 21, 2023, through 11:59 p.m. 

on November 26, 2023. To alleviate the 

effects of this section on the public, the 

COTP may elect to temporarily suspend 

enforcement of the security zones. 

Clinton J. Prindle, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Southeastern New England. 

[FR Doc. 2023–25956 Filed 11–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–286; RM–11960; DA 23– 

1054; FR ID 184696] 

Television Broadcasting Services 

Winnemucca, Nevada 

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 Gray Television Licensee, LLC 

(Petitioner or Gray), the licensee of 

unbuilt television station KWNV(DT) 

(KWNV or Station), channel 7, 

Winnemucca, Nevada (Winnemucca). 

The Petitioner has requested the 

substitution of UHF channel 16 for VHF 

channel 7 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 16. 

DATES: Effective November 22, 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 

59836 on August 30, 2023. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 16. No other 

comments were received. 

The Bureau believes the public 

interest would be served by substituting 

channel 16 for channel 7 at 

Winnemucca. In support of its channel 

substitution request, Gray states that 

building out its new station on a UHF 

channel will avoid well-documented 

issues with indoor digital VHF 

reception. Gray observes that the 

Commission has recognized the 

deleterious effects manmade noise has 

on the reception of VHF channel 

signals, and the large variability in the 

performance of indoor antennas 

receiving UHF and VHF signals, with 

the substantial majority poorly receiving 

high-VHF channel signals compared to 

UHF channel signals. We also find that 

the proposal complies with all relevant 

technical requirements for amendment 

of the Table of TV Allotments, including 

the interference protection requirements 

of section 73.616 of the rules, and the 

proposed channel 16 facility will 

provide full principal community 

coverage to Winnemucca. In addition, 

proposed channel 16 noise limited 

service contour (NLSC) almost entirely 

encompasses the authorized channel 7 

NLSC, and Gray does not propose a 

change in transmitter location. We also 

note that no viewers will lose any 

existing service because as a permittee, 

Gray has not commenced operations in 

Winnemucca. 

As proposed, channel 16 can be 

substituted for channel 7 at 

Winnemucca in compliance with the 

principal community coverage 

requirements of section 73.625(a) of the 

rules, at coordinates 41°00′31.0′′ N and 

117°46′13.0′′ 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. 

We also conclude that good cause exists 

to make this channel change effective 

immediately upon publication in the 

Federal Register, pursuant to section 

553(d)(3) of the Administrative 

Procedure Act. An expedited effective 

date is necessary in this case to ensure 

that KWNV can operate with improved 

service to its viewers as quickly as 

possible. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 23–286; RM–11960; DA 23– 

1054, 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 

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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81351 

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

TV Allotments under Nevada by 

revising the entry for Winnemucca to 

read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

Nevada 

* * * * * 

Winnemucca ......................... 16 

* * * * * 

[FR Doc. 2023–25394 Filed 11–21–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 231116–0271; RTID 0648– 

XR131] 

Endangered and Threatened Wildlife 

and Plants; Technical Correction for 

the Giant Manta Ray 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Direct final rule. 

SUMMARY: We, NMFS, announce the 

revised taxonomy of Manta birostris 

(giant manta ray) under the Endangered 

Species Act of 1973, as amended (ESA). 

We are revising the Enumeration of 

threatened marine and anadromous 

species for the giant manta ray to reflect 

the scientifically accepted taxonomy 

and nomenclature of this species. We 

revise the scientific name of the species 

to Mobula birostris. The changes to the 

taxonomic classification and 

nomenclature do not affect the species’ 

listing status under the ESA or any 

protections and requirements arising 

from its listing. 

DATES: This rule is effective January 22, 

2024 without further action, unless 

significant adverse comment is received 

by December 22, 2023. If significant 

adverse comments are received, the 

NMFS will publish a timely withdrawal 

of the rule in the Federal Register. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0141, by the following 

method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0141 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Maggie Miller, NMFS, Office of 

Protected Resources, (301) 427–8457. 

SUPPLEMENTARY INFORMATION: 

Purpose of This Rule 

The purpose of our direct final rule is 

to notify the public that we are revising 

the Enumeration of threatened marine 

and anadromous species (50 CFR 

223.102(e)) to reflect the scientifically 

accepted taxonomy and nomenclature of 

one fish species, the giant manta ray, 

listed under section 4 of the ESA (16 

U.S.C. 1531 et seq.). The change reflects 

the most recently accepted scientific 

name in accordance with 50 CFR 

223.102(b). 

We are publishing this rule as a direct 

final rule because this is a 

noncontroversial action that reflects 

decisions already taken in the scientific 

community, such that prior notice and 

an opportunity to comment is 

unnecessary. This rule does not change 

the listing status of the species under 

the ESA and does not alter any 

protections afforded the species or any 

other legal requirements arising from 

the species’ listing under the ESA. This 

change should be undertaken in as 

timely a manner as possible. This rule 

will be effective, as published in this 

document on the effective date specified 

in DATES, unless we receive significant 

adverse comments on or before the 

comment due date specified in DATES. 

Significant adverse comments are 

comments that provide strong scientific 

justification as to why the taxonomic 

and nomenclature changes to the 

Enumeration of the listed entity should 

not be adopted or why the rule should 

be changed. Please include sufficient 

scientific information with your 

comments that will allow us to verify 

the basis for any significant adverse 

comments. 

If we receive significant adverse 

comments, we will publish a notice in 

the Federal Register withdrawing this 

rule before the effective date, and we 

will engage in notice and comment 

rulemaking under the applicable 

requirements of the Administrative 

Procedure Act to promulgate these 

changes to 50 CFR 223.102(e). 

Background 

Under 50 CFR 223.102(b), we use the 

most recently accepted scientific name 

of any species that we have determined 

to be threatened under the ESA. The 

ESA likewise requires that listing 

decisions be based solely on the best 

scientific and commercial data available 

(see 16 U.S.C. 1533(b)(1)(A)). Using the 

best available scientific information, our 

direct final rule documents a taxonomic 

change (scientific name) to the giant 

manta ray. This change is supported by 

a study published in a peer-reviewed 

journal as well as acceptance by 

scientists and a number of national and 

international renowned organizations. 

We revise the scientific name of the 

giant manta ray listed under section 4 of 

the ESA (16 U.S.C. 1531 et seq.) as 

follows: Mobula birostris. We make this 

change to the Enumeration of threatened 

marine and anadromous species (50 

CFR 223.102(e)) to reflect the most 

recently accepted scientific name in 

accordance with 50 CFR 223.102(b). 

Taxonomy Classification 

Mobula Birostris 

The scientific name change to Mobula 

birostris (giant manta ray) from Manta 

birostris is supported by genetic and 

morphological evidence (White et al. 

2018). White et al. (2018) used 

molecular data from giant manta ray 

muscle tissues in Indonesia and the 

Philippines to describe the relationship 

of this species to ten other mobulid rays. 

Results from the phylogenetic analysis 

identified giant manta rays, as well as 

reef manta rays (previously Manta 

alfredi), to be nested within the genus 

Mobula, forming a sister relationship 

with Mobula mobular (White et al. 

2018). Prior to this comprehensive 

genetic analysis, both manta rays were 

considered to be under a separate genus, 

Manta, as they both had a distinct 

morphological character—a terminal 

mouth. The other mobulid rays, under 

the genus Mobula, all had subterminal 


khammond on DSKJM1Z7X2PROD with RULES