43556 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 

1See Expanding the Economic and Innovation 

Opportunities of Spectrum Through Incentive 

Auctions, Report and Order, 29 FCC Rcd 6567, 

6820, paras. 618–19 (2014), 79 FR 48442 (Aug. 15, 

2014), (Incentive Auction R&O). 

2See Consolidated Appropriations Act, 2018, 

Public Law 115–141, at Division E, Title V, sec. 511, 

132 Stat. 348 (2018) (codified at 47 U.S.C. 1452(j)– 

(n)). 

3See 47 U.S.C. 1452(j)(3)(B). Section 511(j)(3)(C) 

provides that, if all reimbursements pursuant to the 

Spectrum Act and the Reimbursement Expansion 

Act have been made before July 3, 2023, ‘‘the 

Commission shall submit to the Secretary of the 

Treasury a certification that all such 

reimbursements have been made.’’ Id. sec. 

1452(j)(3)(C). In addition, the Reimbursement 

Expansion Act provides that reimbursement 

payments to LPTV/translator and FM stations may 

not be made after April 13, 2020 unless the 

Commission ‘‘submits to Congress a certification 

that such payments are necessary to reimburse costs 

reasonably incurred’’ by such stations. See id. sec. 

1452(j)(2)(C)(ii), (iii). 

butadiene styrene copolymer (PMN P– 

17–260) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. The requirements of this section 

do not apply to quantities of the 

substance after they have been reacted 

(cured). 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k). It is a 

significant new use to modify the 

manufacture, process or use activities if 

it results in inhalation exposure to 

vapor, dust, mist or aerosols to the 

substance. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

[FR Doc. 2018–18403 Filed 8–24–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 18–214, 12–268; FCC 18– 

113] 

LPTV, TV Translator, and FM 

Broadcast Station Reimbursement; 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action. 

SUMMARY: In this document, the 

Commission directs the Media Bureau 

to engage a contractor to assist in the 

reimbursement process and 

administration of the Reimbursement 

Fund for LPTV, TV translator, and FM 

stations, and also directs the Bureau to 

make determinations regarding eligible 

costs and the reimbursement process, 

such as calculating the amount of 

allocations to eligible entities and 

seeking comment on a revised Catalog of 

Eligible Expenses. The Commission also 

determines that the Media Bureau will 

announce, pursuant to the requirements 

in the Reimbursement Expansion Act, 

when the reimbursement program for all 

entities eligible for reimbursement 

pursuant to the Spectrum Act and the 

Reimbursement Expansion Act will end. 

Finally, the Commission interprets the 

Reimbursement Expansion Act as 

providing at least $50 million for use by 

the Commission to fund its efforts to 

educate consumers about the 

reorganization of broadcast television 

spectrum under the United States Code. 

DATES: This action is effective August 

27, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Maria Mullarkey, Maria.Mullarkey@

fcc.gov, of the Media Bureau, Policy 

Division, (202) 418–2120. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, contact Cathy Williams at 

(202) 418–2918 or send an email to 

PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

FCC 18–113, adopted on August 2, 

2018, and released on August 3, 2018. 

The full text of this document is 

available electronically via the FCC’s 

Electronic Document Management 

System (EDOCS) website at http://

fjallfoss.fcc.gov/edocs_public/ or via the 

FCC’s Electronic Comment Filing 

System (ECFS) website at http://

fjallfoss.fcc.gov/ecfs2/. Documents will 

be available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

This document is also available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Information Center, Federal 

Communications Commission, 445 12th 

Street SW, CY–A257, Washington, DC 

20554. Alternative formats are available 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), by sending an email to fcc504@

fcc.gov or calling the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

The Order does not contain new or 

modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995. In addition, 

therefore, it does not contain any new 

or modified information collection 

burdens for small business concerns 

with fewer than 25 employees, pursuant 

to the Small Business Paperwork Relief 

Act of 2002. 

I. Order 

1. Reimbursement Contractor. Similar 

to the approach the Commission took 

with respect to full power, Class A, and 

MVPD entities,1 we direct the Media 

Bureau to engage a contractor to assist 

in the reimbursement process and 

administration of the Reimbursement 

Fund for LPTV/translator and FM 

stations. We direct the Media Bureau to 

engage a third-party contractor to assist 

in the reimbursement process, which 

will be overseen by the Bureau. 

2. Reimbursement Process. We direct 

the Media Bureau to revise the forms to 

be used by eligible LPTV/translator and 

FM stations to claim reimbursement 

from the Reimbursement Fund and for 

any other Reimbursement Fund-related 

purposes. We also direct the Media 

Bureau to calculate the amount of the 

allocations to eligible entities from the 

Reimbursement Fund, develop a revised 

Catalog of Eligible Expenses, and make 

other determinations regarding eligible 

costs and the reimbursement process. 

Finally, we direct the Media Bureau to 

implement the necessary policies and 

procedures relating to eligibility 

certifications, allocations, draw downs, 

payments, obligations, and expenditures 

of money from the Reimbursement Fund 

in order to protect against waste, fraud, 

and abuse and in the event of 

bankruptcy. Given the importance of 

maintaining the integrity of the Fund, 

the Media Bureau will consult with the 

Office of General Counsel and the Office 

of the Managing Director in acting 

pursuant to this direction. 

3. Reimbursement Period. The 

Reimbursement Expansion Act 2

provides that the Commission must 

make all reimbursements using the 

additional funds appropriated by the 

Reimbursement Expansion Act to the 

Reimbursement Fund by July 3, 2023.3

With respect to LPTV/translators and 

FM stations, we authorize the Media 

Bureau to announce, in one or more 

public notices to be issued following the 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 43557 

4See Incentive Auction R&O, 29 FCC Rcd at 6819, 

para. 617. 5The deadline for full power and Class A stations 

to transition to their new channels is July 13, 2020. 6 47 U.S.C. 1452(j)(2)(C)(i). 

7 Id. sec. 1452(j)(3)(B). 8 Id. sec. 1452(j)(2)(A)(iv). 

adoption of an Order, the date by which 

these entities must file their Eligibility 

Certification, when allocations to these 

entities will be made, the deadline by 

which these entities must file any 

remaining requests for reimbursement, 

and the final date when reimbursement 

funds will be issued. 

4. The Commission indicated in the 

Incentive Auction R&O that the Media 

Bureau will announce the date by which 

full power, Class A, and MVPD entities 

must submit their final expense 

documentation to the Commission.4 At 

the time of that delegation, the 

Spectrum Act imposed a deadline for 

the Commission to make all required 

reimbursements to full power, Class A, 

and MVPD entities of April 13, 2020.5

The Reimbursement Expansion Act 

permits the Commission to extend the 

deadline for reimbursements to full 

power, Class A, and MVPD entities, 

from the funds appropriated for this 

purpose by the Reimbursement 

Expansion Act, beyond April 13, 2020,6

but no later than July 3, 2023, as long 

as the certification requirements set 

forth in the Reimbursement Expansion 

Act are met.7 The Incentive Auction 

R&O stated that the Media Bureau may 

announce the final date reimbursement 

funds will be issued to full power and 

Class A stations and MVPDs and a 

deadline for the submission of final 

expense documentation, and we clarify 

that the Bureau also is authorized to set 

deadlines for funds appropriated by the 

Reimbursement Expansion Act. 

5. Consumer Education. The 

Reimbursement Expansion Act provides 

that at least $50 million from the funds 

appropriated to the Reimbursement 

Fund will be available to the 

Commission to make ‘‘payments solely 

for the purposes of consumer education 

relating to the reorganization of 

broadcast television spectrum’’ under 47 

U.S.C. 1452(b).8 We interpret this 

provision as providing at least $50 

million for use by the Commission to 

fund its efforts to educate consumers 

about the reorganization of broadcast 

television spectrum under 47 U.S.C. 

1452(b), with any unused funds to be 

returned to the U.S. Treasury. We 

anticipate, among other initiatives, 

hosting a dedicated consumer service 

call center to provide consumers 

technical support and assistance on 

such matters as rescanning and other 

means to resolve potential reception 

issues. We also intend to perform 

targeted outreach to specific 

communities about rescanning, and, 

where appropriate, we may use local 

media or other outreach to disseminate 

rescanning information. Consumer 

education funding could also be used in 

developing additional online resources 

to support consumers. In all our 

activities, we will coordinate closely 

with industry stakeholders to ensure 

that our consumer education efforts are 

complementary to, and not duplicative 

of, industry efforts. In so doing, we will 

guard against unnecessary or wasteful 

spending. We welcome input from 

consumers and industry on other ways 

we can best use the funding to help 

mitigate disruption by consumers 

during the transition period. 

II. Procedural Matters 

A. Final Regulatory Flexibility Act 

Analysis 

6. Because the actions taken in the 

Order do not require notice and 

comment, the Regulatory Flexibility Act 

does not apply. 

III. Ordering Clauses 

7. It is ordered that, pursuant to the 

authority contained in Sections 1, 4, 

5(b), 5(c), 303, and 336(f) of the 

Communications Act of 1934, as 

amended, Section 6403 of the Middle 

Class Tax Relief and Job Creation Act of 

2012, and Section 511, Division E, Title 

V of the Consolidated Appropriations 

Act, 2018, Pub. L. 115–141 (2018), 47 

U.S.C. 151, 154, 155(b), 155(c), 303, 

336(f), 1452, the Order is adopted and 

will become effective on August 27, 

2018. 

8. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

9. It is further ordered that the 

Commission will send a copy of the 

Order in a report to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act (CRA), see 5 U.S.C. 801(a)(1)(A). 

Federal Communications Commission. 

Cecilia Sigmund, 

Federal Register Liaison Officer. 

[FR Doc. 2018–17945 Filed 8–24–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XG435 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2018 

Commercial Accountability Measures 

and Closure for Atlantic Migratory 

Group Cobia 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

Atlantic migratory group (Atlantic) 

cobia that are sold (commercial) and 

harvested from the exclusive economic 

zone (EEZ) of the Atlantic. NMFS 

projects that commercial landings of 

Atlantic cobia have reached the 

commercial quota. Therefore, NMFS 

closes the commercial sector for 

Atlantic cobia in the EEZ on September 

5, 2018, and it will remain closed until 

the next fishing year that begins on 

January 1, 2019. This closure is 

necessary to protect the Atlantic cobia 

resource. 

DATES: This rule is effective from 12:01 

a.m., local time, September 5, 2018, 

until 12:01 a.m., local time, on January 

1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

includes king mackerel, Spanish 

mackerel, and cobia, and is managed 

under the Fishery Management Plan for 

Coastal Migratory Pelagic Resources in 

the Gulf of Mexico and Atlantic Region 

(FMP). The FMP was prepared by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Separate migratory groups of cobia 

were established in Amendment 18 to 

the FMP (76 FR 82058, December 29, 

2011), and then revised in Amendment 

20B to the FMP (80 FR 4216, January 27, 

2015). The southern boundary for 

Atlantic cobia occurs at a line that 


amozie on DSK3GDR082PROD with RULES