Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 15339 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 9, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.682 amend Table 1 to 

Paragraph (a) (1) by adding in 

alphabetical order the entries ‘‘Banana’’; 

‘‘Broccoli’’; ‘‘Hop, dried cones’’; 

‘‘Horseradish’’; ‘‘Onion, bulb’’; ‘‘Onion, 

green’’; ‘‘Papaya’’; ‘‘Strawberry’’; ‘‘Sweet 

potato, tuber’’; ‘‘Timothy, forage’’; 

Timothy, hay’’; and ‘‘Watermelon’’ to 

read as follows: 

§ 180.682 Bicyclopyrone; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

Banana ....................................... 0.01 

* * * * * 

Broccoli ....................................... 0.01 

* * * * * 

Hop, dried cones ........................ 0.04 

* * * * * 

Horseradish ................................ 0.02 

* * * * * 

Onion, bulb ................................. 0.02 

Onion, green ............................... 0.05 

Papaya ........................................ 0.01 

* * * * * 

Strawberry .................................. 0.01 

* * * * * 

Sweet potato, tuber .................... 0.02 

Timothy, forage ........................... 1.5 

Timothy, hay ............................... 2 

* * * * * 

Watermelon ................................ 0.01 

* * * * * 

* * * * * 

[FR Doc. 2022–05737 Filed 3–17–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 21–263; FCC 22–13; FR ID 

76380] 

Broadcast Radio Technical Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communication 

Commission (Commission or FCC) 

amends the rules applicable to 

broadcast radio stations to better reflect 

current requirements and eliminate 

redundant, outdated, or conflicting 

technical provisions. 

DATES: Effective April 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

James Bradshaw, Deputy Division Chief, 

Media Bureau, Audio Division (202) 

418–2739, James.Bradshaw@fcc.gov; 

Christine Goepp, Attorney Advisor, 

Media Bureau, Audio Division, (202) 

418–7834, Christine.Goepp@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), MB Docket No. 21– 

263, FCC 22–13, adopted on February 

16, 2022, and released on February 17, 

2022. The full text of the R&O will be 

available electronically via the FCC’s 

Electronic Document Management 

System (EDOCS) website at 

www.fcc.gov/edocs or via the FCC’s 

Electronic Comment Filing System 

(ECFS) website at www.fcc.gov/ecfs. The 

Commission published the notice of 

proposed rulemaking (NPRM) at 86 FR 

43145 on August 6, 2021. 

Synopsis 

1. The Federal Communication 

Commission amends the following rules 

applicable to broadcast radio stations to 

better reflect current requirements and 

eliminate redundant, outdated, or 

conflicting technical provisions. 

2. Maximum rated transmitter power 

for AM stations. The Commission 

amends 47 CFR 73.1665(b) to remove 

the maximum rated transmitter power 

limit for AM stations and deletes the 

corresponding ‘‘Table 1 to paragraph 

(b).’’ This equipment limitation on 

potential transmitter power is outdated 

and unnecessary given the 

Commission’s current reliance on actual 

operating antenna input power as the 

most accurate and effective means of 

ensuring that AM stations adhere to 

their authorized power limits. The 

Commission anticipates that elimination 

of this technical restriction on AM 

transmitters will allow AM stations of 

any class to use transmitters of any rated 

power, thus benefiting the AM service 

by broadening the market of transmitters 

available to stations, enhancing the 

secondary market for AM transmitters, 

and reducing the number of transmitters 

that need to be disposed of. 

Accordingly, it amends 47 CFR 

73.1665(b) by removing the maximum 

rated transmitter power for AM stations, 

deletes the ‘‘Table 1 to paragraph (b),’’ 

and replaces ‘‘power rating limit’’ in the 

first sentence with ‘‘manufacturer-rated 

power limit’’ to indicate that this is a 

technical specification established by 

the transmitter manufacturer. 

3. Noncommercial Educational (NCE) 

community of license coverage. The 

Commission eliminates the 

inconsistency between 47 CFR 

73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) 

and the NCE FM community coverage 

standard set out in 47 CFR 73.515. 

Specifically, it amends 


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§§ 73.316(c)(2)(ix)(B) and 

73.1690(c)(8)(i) to conform to the 

updated standard that NCE applicants 

must show that their predicted 60 dBu 

contour will cover at least 50% of the 

relevant community of license or reach 

50% of the population within the 

community. 

4. FM transmitter interference to 

nearby antennas. The Commission 

declines to eliminate the proximate 

interference rule, 47 CFR 73.316(d), on 

the basis of industry feedback. However, 

it correct a typographical error in this 

rule by replacing the word 

‘‘approximate’’ with ‘‘proximate.’’ 

5. NCE FM Class D second-adjacent 

channel interference ratio. The 

Commission amends 47 CFR 73.509(b), 

which sets out signal strength contour 

overlap requirements for NCE FM Class 

D stations, to harmonize with the more 

permissive standard applied to all other 

NCE–FM stations. The Commission 

states that the less restrictive 

requirements have proven effective for 

other station classes and that there is no 

reason to continue treating Class D 

stations differently in this context. 

Although this distinction was originally 

designed to accommodate the 

establishment of the low power FM 

(LPFM) service, because the LPFM 

service is now mature, it is appropriate 

to extend the general contour overlap 

limits to Class D NCE stations. The 

Commission anticipates that the less 

preclusive requirement will create 

opportunities for NCE stations to 

increase power and coverage, as well as 

provide them with greater site selection 

flexibility. Accordingly, it amends 47 

CFR 73.509(b) as set out in the final 

rules and makes non-substantive and 

formatting edits to the table contained 

in 47 CFR 73.509(a). 

6. Protection for grandfathered 

common carriers in Alaska in the 76– 

100 MHz band. The Commission deletes 

47 CFR 73.501(b), 74.1202(b)(3), the 

second sentence of 74.702(a)(1), and the 

second sentence of 74.786(b), all 

containing similar language requiring 

broadcast services to protect 

grandfathered common carrier services 

in Alaska operating in the 76–100 MHz 

frequency band. The Commission 

explains that this requirement is 

unnecessary and obsolete because the 

Commission’s licensing databases 

indicate that there are no longer any 

common carrier services remaining in 

this frequency band in Alaska. 

7. AM fill-in area definition. The 

Commission amends the definition of 

‘‘AM fill-in area’’ set out in 47 CFR 

74.1201(j) to conform to the requirement 

in 47 CFR 74.1201(g) that the ‘‘coverage 

contour of an FM translator 

rebroadcasting an AM radio broadcast 

station as its primary station must be 

contained within the greater of either 

the 2 mV/m daytime contour of the AM 

station or a 25-mile (40 km) radius 

centered at the AM transmitter site.’’ 

This change harmonizes the various 

rules governing fill-in translator 

transmitter siting and does not affect the 

signal coverage requirement set out in 

47 CFR 74.1201(g). 

8. International coordinations. The 

Commission updates 47 CFR 73.207(b) 

and 74.1235(d) to comport with the 

relevant international treaties. 

Specifically, it updates 47 CFR 

73.207(b)(2) and the associated table to 

reflect the spacing requirements set out 

in the 1997 amendment to the 1991 

U.S.-Canada FM Broadcasting 

Agreement and to reference the contour 

overlap provisions of section 5.2 of the 

Agreement. The Commission concludes 

that there is no need to grandfather 

stations that do not meet the new 

requirements because, at the time that 

the 1997 amendment took effect, the 

Commission coordinated with Canada 

Table B allotment modifications in 

accordance with the increase of Class A 

allotments to 6kW and has subsequently 

applied the distance separations set out 

in the amended 1991 U.S.-Canada FM 

Broadcasting Agreement when 

processing applications for more than 

two decades. The Commission clarifies 

that no facility modifications will be 

ordered because of the administrative 

updates to the distance separation 

requirements and that any Class A FM 

station may continue to operate under 

its licensed parameters. However, any 

application to modify the technical 

parameters in the station’s license must 

include a showing that the proposed 

facilities satisfy the treaty requirements 

with respect to the Canadian border as 

set out in amended 47 CFR 73.207(b)(2). 

9. The Commission also updates 47 

CFR 73.207(b)(3) and the associated 

table to reflect the spacing requirements 

set out in the 1992 U.S.-Mexico FM 

Broadcasting Agreement. It clarifies 

that, for the purposes of the table 

associated with 47 CFR 73.207(b)(3), 

U.S. Class C0 assignments or allotments 

are considered Class C. In addition, the 

Commission states that the distances in 

both 47 CFR 73.207(b)(2) and (3) are to 

be calculated using the distance 

calculation methodology set out in the 

two respective Agreements. Finally, it 

makes non-substantive and formatting 

edits to all of the minimum distance 

separation tables contained in 47 CFR 

73.207(b). 

10. The Commission also updates 47 

CFR 74.1235(d) to eliminate 

inconsistent provisions and reflect 

current treaty requirements applicable 

to FM translators. Specifically, it deletes 

all of the current introductory language 

of paragraph (d) prior to paragraphs 

(d)(1), (2), and (3). The first sentence of 

that introductory paragraph is 

inconsistent with the current treaty 

power limits established in the 1991 

U.S.-Canada FM Broadcasting 

Agreement, as amended, which are 

already codified in paragraph (d)(3). The 

remainder of the introductory paragraph 

is inconsistent with the terms of the 

1992 U.S.-Mexico FM Broadcasting 

Agreement, which specifies that FM 

translator stations are subject to a 

contour overlap based spacing 

methodology and are thus not subject to 

the distance separations of 47 CFR 

73.207(b)(3). Finally, the reference in 

that paragraph to a 10-watt transmitter 

power output limitation is a superseded 

provision originally set out in the U.S.- 

Mexican FM Broadcast Agreement of 

1972 and is no longer required under 

the current treaty. For these reasons, the 

Commission deletes all of the 

introductory language of § 74.1235(d) as 

obsolete. 

Paperwork Reduction Act Analysis 

11. This document does not contain 

proposed new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 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). 

Final Regulatory Flexibility Analysis 

12. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

notice of proposed rulemaking (NPRM) 

to this proceeding. The Commission 

sought written public comment on the 

proposals in the NPRM, including 

comment on the IRFA. The Commission 

received no comments on the IRFA. 

This Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

A. Need for, and Objectives of, the 

Report and Order 

13. This document adopts several rule 

changes to better reflect current 

requirements and eliminate redundant, 

outdated, or conflicting provisions. 

Specifically, the Commission: 

• Eliminates the maximum rated 

transmitter power limit rule for AM 

stations. The Commission finds that an 

equipment limitation on potential 


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transmitter power that is established by 

the transmitter manufacturer is outdated 

and unnecessary given the 

Commission’s current reliance on actual 

operating antenna input power as the 

most accurate and effective means of 

ensuring that AM stations adhere to 

their authorized power limits. 

• Updates several rule provisions 

containing an obsolete noncommercial 

educational (NCE) FM community of 

license coverage standard to harmonize 

with the later-adopted, more specific, 

NCE community of license coverage 

requirement. 

• Updates the signal strength contour 

overlap requirements for NCE FM Class 

D stations to harmonize with the 

contour overlap requirements for all 

other classes of NCE FM stations. The 

Commission concludes that there is no 

reason to continue treating Class D 

stations differently in this context and 

that a less preclusive standard will 

create opportunities for NCE stations to 

increase power and coverage, as well as 

provide them with greater site selection 

flexibility. 

• Eliminates the requirement for 

radio broadcast services to protect 

grandfathered common carrier services 

in Alaska operating in the 76–100 MHz 

frequency band. This requirement is no 

longer necessary as there are no more 

common carriers in this band in Alaska. 

• Harmonizes the definition of an 

‘‘AM fill-in area’’ set out in multiple 

rule sections. This correction applies 

the most up-to-date definition of ‘‘AM 

fill-in area’’ consistently across the 

relevant rules. 

• Amends regulations applicable to 

broadcast stations within 320 kilometers 

of the Mexican and Canadian borders to 

implement the most current treaty 

provisions. 

Amending these rules to accurately 

reflect current requirements will reduce 

potential confusion and eliminate 

unnecessary burdens on broadcasters. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

14. There were no comments to the 

IRFA filed. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

15. Pursuant to the Small Business 

Jobs Act of 2010, which amended the 

RFA, the Commission is required to 

respond to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rules as a 

result of those comments. The Chief 

Counsel did not file any comments in 

response to the proposed rules in this 

proceeding. 

D. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Apply 

16. The RFA directs the Commission 

to provide a description of and, where 

feasible, an estimate of the number of 

small entities that will be affected by the 

rules adopted herein. The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small government jurisdiction.’’ In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act. A small business concern 

is one which: (1) Is independently 

owned and operated; (2) is not 

dominant in its field of operation; and 

(3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

17. Radio Stations. Radio stations are 

an Economic Census category that 

‘‘comprises establishments primarily 

engaged in broadcasting aural programs 

by radio to the public. Programming 

may originate in their own studio, from 

an affiliated network, or from external 

sources.’’ The SBA has established a 

small business size standard for this 

category as firms having $41.5 million 

or less in annual receipts. Economic 

Census data for 2012 shows that 2,849 

radio station firms operated during that 

year. Of that number, 2,806 operated 

with annual receipts of less than $25 

million per year, and 43 firms had 

annual receipts of $25 million or more. 

Because the Census has no additional 

classifications that could serve as a basis 

for determining the number of stations 

whose receipts exceeded $41.5 million 

in that year, we conclude that the 

majority of radio broadcast stations were 

small entities under the applicable SBA 

size standard. 

18. Apart from the U.S. Census, the 

Commission has estimated the number 

of licensed commercial AM stations to 

be 4,509 and the number of commercial 

FM stations to be 6,676 for a total of 

11,185, along with 8,866 FM translator 

and booster stations. According to BIA/ 

Kelsey Publications, Inc.’s Media Access 

Pro Database, as of March 2020, 4,389 

a.m. stations and 6,767 FM stations had 

revenues of $41.5 million or less. In 

addition, the Commission has estimated 

the number of noncommercial 

educational FM radio stations to be 

4,204. NCE stations are non-profit, and 

therefore considered to be small entities. 

Accordingly, we estimate that the 

majority of radio broadcast stations are 

small entities. We note, however, that, 

in assessing whether a business concern 

qualifies as small under the above 

definition, business affiliations must be 

included. Our estimate, therefore, likely 

overstates the number of small entities 

that might be affected by our action, 

because the revenue figure on which it 

is based does not include or aggregate 

revenues from affiliated companies. 

19. Moreover, as noted above, an 

element of the definition of ‘‘small 

business’’ is that the entity not be 

dominant in its field of operation. The 

Commission is unable at this time to 

define or quantify the criteria that 

would establish whether a specific radio 

station is dominant in its field of 

operation. Accordingly, the estimate of 

small businesses to which rules may 

apply does not exclude any radio station 

from the definition of a small business 

on this basis and therefore may be overinclusive to that extent. Also, as noted, 

an additional element of the definition 

of ‘‘small business’’ is that the entity 

must be independently owned and 

operated. The Commission notes that it 

is difficult at times to assess these 

criteria in the context of media entities 

and the estimates of small businesses to 

which they apply may be over-inclusive 

to this extent. 

E. Description of Projected Reporting, 

Record Keeping and Other Compliance 

Requirements 

20. The rule changes adopted in the 

Report and Order do not include any 

notification or recordkeeping 

requirements. 

F. Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

21. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

22. The rules adopted or amended in 

the Report and Order do not impose any 

new substantive requirements on 

broadcast radio stations. Rather, they 

clarify existing technical requirements, 

create consistency across different rules, 

and ensure that current treaty terms are 


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15342 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 

accurately reflected in the rules. These 

measures will help small entities by 

reducing their need to rely on third 

parties, such as legal counsel, to 

understand the rules and comply with 

regulatory requirements. Significant 

alternatives would include leaving the 

rules as they are; however, in the 

Commission’s judgment the increased 

transparency and certainty under the 

amended rules would outweigh any 

benefit of familiarity with the existing 

rules. The Commission did take this 

alternative approach when it decided to 

retain the proximate interference rule 

set out in § 73.316(d), responding to 

industry feedback that that rule serves a 

useful purpose. 

G. Report to Congress 

23. The Commission will send a copy 

of the Report and Order, including the 

FRFA, in a report to Congress and the 

Government Accountability Office 

pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996. In addition, the Commission will 

send a copy of the Report and Order, 

including the FRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. A copy of the 

Report and Order and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

Ordering Clauses 

24. Accordingly, it is ordered that, 

pursuant to the authority contained in 

Sections 1, 4(i), 4(j), 301, 303, 307, 308, 

309, 316, and 319 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 154(j), 

301, 303, 307, 308, 309, 316, and 319, 

the Report and Order is adopted and 

will become effective 30 days after 

publication in the Federal Register. 

25. It is further ordered that parts 73 

and 74 of the Commission’s Rules ARE 

amended as set forth in the final rules 

and such rule amendments will become 

effective 30 days after publication in the 

Federal Register. 

26. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Report and Order, including the 

Final Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

27. It is further ordered that the 

Commission shall send a copy of the 

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). 

28. It is further ordered that, should 

no petitions for reconsideration or 

petitions for judicial review be timely 

filed, MB Docket No. 21–263 shall be 

terminated and its docket closed. 

List of Subjects 

47 CFR Part 73 

Mexico, Radio. 

47 CFR Part 74 

Mexico, Radio. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR chapter I, 

parts 73 and 74, 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. Amend § 73.207 by: 

■ a. Revising the first sentence of 

paragraph (b) introductory text; 

■ b. In paragraph (b)(1), revising the 

introductory text and the heading for 

the table; 

■ c. Revising paragraphs (b)(2), (b)(3) 

introductory text, and (b)(3)(iv) and (v); 

■ d. Adding paragraph (b)(3)(vi); and 

■ e. Redesignating Table C following 

paragraph (b)(3) as table 3 to paragraph 

(b) and revising the heading of the 

newly redesignated table. 

The revisions and addition read as 

follows: 

§ 73.207 Minimum distance separation 

between stations. 

* * * * * 

(b) The distances listed in Tables 1, 2, 

and 3 of this paragraph (b) apply to 

allotments and assignments on the same 

channel and each of five pairs of 

adjacent channels. * * * 

(1) Domestic distance separation. 

Domestic allotments and assignments 

must be separated from each other by 

not less than the distances in Table 1 to 

this paragraph (b): 

TABLE 1 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS

[Miles] 

* * * * * * * 

(2) Canadian border distance 

separation. Under the 1991 United 

States-Canada FM Broadcasting 

Agreement, as amended, any domestic 

U.S. allotment or assignment within 320 

kilometers (199 miles) of the common 

border must either satisfy the contour 

overlap provisions set out in the 

Agreement or be separated from 

Canadian allotments and assignments 

by not less than the distance given in 

Table 2 to this paragraph (b), using the 

distance calculation methodology set 

out in the Agreement. When applying 

Table 2, U.S. Class C0 allotments and 

assignments are considered to be Class 

C; U.S. Class C2 allotments and 

assignments are considered to be Class 

B; and U.S. Class C3 allotments and 

assignments are considered to be Class 

B1. 

TABLE 2 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS

[Canada] 

Relation Co-channel 200 kHz 400 kHz 600 kHz 10.6/10.8 MHz 

(I.F.) 

A1 to A1 ............................................................................... 78 45 24 20 4 

A1 to A ................................................................................. 131 78 44 40 7 

A1 to B1 ............................................................................... 164 98 57 53 9 

A1 to B ................................................................................. 190 117 71 67 12 


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TABLE 2 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS—Continued 

[Canada] 

Relation Co-channel 200 kHz 400 kHz 600 kHz 10.6/10.8 MHz 

(I.F.) 

A1 to C1 ............................................................................... 223 148 92 88 19 

A1 to C ................................................................................. 227 162 103 99 26 

A to A ................................................................................... 151 98 51 42 10 

A to B1 ................................................................................. 184 119 64 55 12 

A to B ................................................................................... 210 137 78 69 15 

A to C1 ................................................................................. 243 168 99 90 22 

A to C ................................................................................... 247 182 110 101 29 

B1 to B1 ............................................................................... 197 131 70 57 24 

B1 to B ................................................................................. 223 149 84 71 24 

B1 to C1 ............................................................................... 256 181 108 92 40 

B1 to C ................................................................................. 259 195 116 103 40 

B to B ................................................................................... 237 164 94 74 24 

B to C1 ................................................................................. 271 195 115 95 40 

B to C ................................................................................... 274 209 125 106 40 

C1 to C1 ............................................................................... 292 217 134 101 48 

C1 to C ................................................................................. 302 230 144 111 48 

C to C ................................................................................... 306 241 153 113 48 

(3) Mexican border distance 

separation. Under the 1992 United 

States-Mexico FM Broadcasting 

Agreement, any domestic U.S. 

assignment or allotment within 320 

kilometers (199 miles) of the common 

border must either satisfy the contour 

overlap provisions set out in section 7.3 

of the Agreement or be separated from 

Mexican assignments or allotments by 

not less than the distances given in 

Table 3 to this paragraph (b), using the 

distance calculation methodology set 

out in the Agreement. The minimum 

required distance separation between 

I.F. allotments and assignments cannot 

be reduced. When applying Table 3— 

* * * * * 

(iv) U.S. Class C2 assignments or 

allotments are considered Class B; 

(v) Class C1 assignments or allotments 

assume maximum facilities of 100 kW 

ERP at 300 meters HAAT. However, 

U.S. Class C1 stations may not, in any 

event, exceed the domestic U.S. limit of 

100 kW ERP at 299 meters HAAT, or the 

equivalent; and 

(vi) U.S. Class C0 assignments or 

allotments are considered Class C. 

TABLE 3 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS

[Mexico] 

* * * * * * * 

■ 3. Amend § 73.316 by: 

■ a. In paragraph (c)(2)(ix)(B): 

■ i. In the first sentence, removing 

‘‘where’’ and adding ‘‘Where’’ in its 

place; and 

■ ii. Revising the second sentence; and 

■ b. Revising paragraph (d). 

The revisions read as follows: 

§ 73.316 FM antenna systems. 

* * * * * 

(c) * * * 

(2) * * * 

(ix) * * * 

(B) * * * The application for license 

must also demonstrate that coverage of 

the community of license by the 70 dBu 

contour is maintained for stations 

authorized pursuant to § 73.215 on 

Channels 221 through 300, as required 

by § 73.315(a), while noncommercial 

educational stations operating on 

Channels 201 through 220 must show 

that the proposed transmitter location 

will provide a minimum field strength 

of 1 mV/m (60 dBu) over at least 50 

percent of its community of license or 

reach 50 percent of the population 

within the community. 

(d) Applications proposing the use of 

FM transmitting antennas in the 

immediate vicinity (i.e., 60 meters or 

less) of other FM or TV broadcast 

antennas must include a showing as to 

the expected effect, if any, of such 

proximate operation. 

* * * * * 

§ 73.501 [Amended] 

■ 4. Amend § 73.501 by removing and 

reserving paragraph (b) and removing 

the parenthetical authority citation at 

the end of the section. 

■ 5. Amend § 73.507 by: 

■ a. Revising paragraph (c); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 73.507 Minimum distance separations 

between stations. 

* * * * * 

(c)(1) Stations separated in frequency 

by 10.6 or 10.8 MHz (53 or 54 channels) 

from allotments or assignments on nonreserved channels will not be 

authorized unless they conform to the 

separations given in Table 1 to 

paragraph (b) of § 73.207. 

(2) Under the United States-Mexican 

FM Broadcasting Agreement, for 

stations and assignments differing in 

frequency by 10.6 to 10.8 MHz (53 or 54 

channels), U.S. noncommercial 

educational FM allotments and 

assignments must meet the separations 

given in Table 3 to paragraph (b) of 

§ 73.207 to Mexican allotments or 

assignments in the border area. 

■ 6. Amend § 73.509 by: 

■ a. In paragraph (a): 

■ i. Revising the introductory text; and 

■ ii. Adding a heading for the table; and 

■ b. Revising paragraph (b). 

The revisions read as follows: 

§ 73.509 Prohibited overlap. 

(a) An application for a new or 

modified NCE–FM station other than a 


jspears on DSK121TN23PROD with RULES1
15344 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 

Class D (secondary) station will not be 

accepted if the proposed operation 

would involve overlap of signal strength 

contours with any other station licensed 

by the Commission and operating in the 

reserved band (Channels 200–220, 

inclusive) as set forth in Table 1 to this 

paragraph (a): 

TABLE 1 TO PARAGRAPH (a) 

*******

(b) An application by a Class D 

(secondary) station, other than an 

application to change class, will not be 

accepted if the proposed operation 

would involve overlap of signal strength 

contours with any other station as set 

forth in Table 2 to this paragraph (b): 

TABLE 2 TO PARAGRAPH (b) 

Frequency separation Contour of 

proposed station 

Contour of 

any other station 

Co-channel ............................................................................................................... 0.1 mV/m (40 dBu) ................................. 1 mV/m (60 dBu) 

200 kHz .................................................................................................................... 0.5 mV/m (54 dBu) ................................. 1 mV/m (60 dBu) 

400/600 kHz ............................................................................................................. 100 mV/m (100 dBu) .............................. 1 mV/m (60 dBu) 

* * * * * 

■ 7. Amend § 73.1665 by revising 

paragraph (b) to read as follows: 

§ 73.1665 Main transmitters. 

* * * * * 

(b) There is no maximum 

manufacturer-rated power limit for AM, 

FM, TV or Class A TV station 

transmitters. 

* * * * * 

■ 8. Amend § 73.1690 by revising the 

second sentence of paragraph (c)(8)(i) to 

read as follows: 

§ 73.1690 Modification of transmission 

systems. 

* * * * * 

(c) * * * 

(8) * * * 

(i) * * * Noncommercial educational 

FM stations must continue to provide a 

60 dBu contour over at least 50 percent 

of its community of license or reach 50 

percent of the population within the 

community. * * * 

* * * * * 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 9. The authority citation for part 74 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 307, 

309, 310, 336 and 554. 

§ 74.702 [Amended] 

■ 10. Amend § 74.702 by removing the 

second sentence of paragraph (a)(1). 

§ 74.786 [Amended] 

■ 11. Amend § 74.786 by removing the 

second sentence of paragraph (b). 

■ 12. Amend § 74.1201 by revising 

paragraph (j) to read as follows: 

§ 74.1201 Definitions. 

* * * * * 

(j) AM Fill-in area. The area within 

the greater of the 2 mV/m daytime 

contour of the AM radio broadcast 

station being rebroadcast or a 25-mile 

(40 km) radius centered at the AM 

transmitter site. 

* * * * * 

§ 74.1202 [Amended] 

■ 13. Amend § 74.1202 by removing 

paragraph (b)(3). 

■ 14. Amend § 74.1235 by: 

■ a. Removing paragraph (d) 

introductory text; and 

■ b. Revising paragraph (d)(1) and the 

first sentence of paragraph (d)(2). 

The revisions read as follows: 

§ 74.1235 Power limitations and antenna 

systems. 

* * * * * 

(d)(1) Translator or booster stations 

located within 125 kilometers of the 

Mexican border may not exceed an ERP 

of 50 watts (0.050 kW) in the direction 

of the Mexican border. Such stations 

also may not produce an interfering 

contour in excess of 32 km from the 

transmitter site in the direction of the 

Mexican border, nor may the 60 dBu 

service contour exceed 8.7 km from the 

transmitter site in the direction of the 

Mexican border. 

(2) Translator or booster stations 

located between 125 kilometers and 320 

kilometers from the Mexican border 

may operate with an ERP in excess of 

50 watts. * * * 

* * * * * 

[FR Doc. 2022–05684 Filed 3–17–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 380 

[Docket No. FMCSA–2007–27748] 

RIN 2126–AB66 

Minimum Training Requirements for 

Entry-Level Commercial Motor Vehicle 

Operators; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: FMCSA removes obsolete 

regulatory text from its June 30, 2021, 

entry-level driver training (ELDT) final 

rule. The section-by-section analysis in 

the March 7, 2016 notice of proposed 

rulemaking (NPRM) concerning the 

ELDT requirements proposed that, upon 

the effective date of the final rule, the 

subpart setting out the old driver 

training standards would be removed 

from the regulations and the subpart 

reserved for future use. However, the 

Agency omitted the amendatory 

instruction needed to remove and 

reserve the subpart from the December 

8, 2016 final rule. FMCSA corrects the 

omission, which was repeated in 

subsequent ELDT rulemaking notices, 

the most recent being the June 2021 

final rule. 

DATES: This correction is effective 

March 18, 2022, and is applicable 

beginning February 7, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joshua Jones, Commercial Driver’s 

License Division, FMCSA, 1200 New 


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