34158 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

17 66 FR 28355 (May 22, 2001). 

18 61 FR 4729 (Feb. 7, 1996). 

has determined, therefore, that this 

interim final rule would not cause 

disproportionately high and adverse 

human health or environmental effects 

on minority populations and lowincome populations. 

H. E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

Agencies must prepare a Statement of 

Energy Effects for significant energy 

actions under E.O. 13211.17 This interim 

final rule is not a ‘‘significant energy 

action’’ because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

I. E.O. 12988, Civil Justice Reform 

Under section 3(a) of E.O. 12988,18

agencies must review their proposed 

regulations to eliminate drafting errors 

and ambiguities, draft them to minimize 

litigation, and provide a clear legal 

standard for affected conduct. Section 

3(b) provides a list of specific issues that 

agencies should consider when 

conducting the reviews required by 

section 3(a). CEQ has conducted this 

review and determined that this interim 

final rule complies with the 

requirements of E.O. 12988. 

J. Unfunded Mandate Reform Act 

Section 201 of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531) requires Federal agencies to assess 

the effects of their regulatory actions on 

State, Tribal, and local governments, 

and the private sector to the extent that 

such regulations incorporate 

requirements specifically set forth in 

law. Before promulgating a rule that 

may result in the expenditure by a State, 

Tribal, or local government, in the 

aggregate, or by the private sector of 

$100 million, adjusted annually for 

inflation, in any 1 year, an agency must 

prepare a written statement that assesses 

the effects on State, Tribal, and local 

governments and the private sector. 2 

U.S.C. 1532. This interim final rule 

applies to Federal agencies and would 

not result in expenditures of $100 

million or more for State, Tribal, and 

local governments, in the aggregate, or 

the private sector in any 1 year. This 

action also does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of 2 U.S.C. 1531–1538. 

K. Paperwork Reduction Act 

This interim final rule does not 

impose any new information collection 

burden that would require additional 

review or approval by OMB under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 40 CFR Part 1507 

Administrative practice and 

procedure, Environmental impact 

statements, Environmental protection, 

Natural resources. 

Dated: June 22, 2021. 

Brenda Mallory, 

Chair. 

For the reasons stated in the 

preamble, the Council on 

Environmental Quality amends part 

1507 in title 40 of the Code of Federal 

Regulations to read as follows: 

PART 1507—AGENCY COMPLIANCE 

■ 1. The authority citation for part 1507 

continues to read as follows: 

Authority: 42 U.S.C. 4321–4347; 42 U.S.C. 

4371–4375; 42 U.S.C. 7609; E.O. 11514, 35 

FR 4247, 3 CFR, 1966–1970, Comp., p. 902, 

as amended by E.O. 11991, 42 FR 26967, 3 

CFR, 1977 Comp., p. 123; and E.O. 13807, 82 

FR 40463, 3 CFR, 2017, Comp., p. 369. 

■ 2. Amend § 1507.3 by revising the first 

sentence of paragraph (b) introductory 

text to read as follows: 

§ 1507.3 Agency NEPA procedures. 

* * * * * 

(b) No more than 36 months after 

September 14, 2020, or 9 months after 

the establishment of an agency, 

whichever comes later, each agency 

shall develop or revise, as necessary, 

proposed procedures to implement the 

regulations in this subchapter, including 

to eliminate any inconsistencies with 

the regulations in this subchapter. 

* * * 

* * * * * 

[FR Doc. 2021–13770 Filed 6–28–21; 8:45 am] 

BILLING CODE 3225–F1–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–127; RM–11894; DA 21– 

700; FR ID 34398] 

Television Broadcasting Services 

Schenectady, New York 

AGENCY: Federal Communications 

Commission (FCC). 

ACTION: Final rule. 

SUMMARY: On April 5, 2021, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by WRGB Licensee, 

LLC (Petitioner), the licensee of WRGB, 

channel 6 (CBS), Schenectady, New 

York, requesting the substitution of 

channel 35 for channel 6 at Schenectady 

in the DTV Table of Allotments. For the 

reasons set forth in the Report and 

Order referenced below, the Bureau 

amends FCC regulations to substitute 

channel 35 for channel 6 at 

Schenectady. 

DATES: Effective June 29, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 21–127; RM– 

11894; DA 21–700, adopted and 

released on June 16, 2021. The full text 

of this document is available for 

download on the FCC’s website at 

https://docs.fcc.gov/public/ 

attachments/DA-21-700A1.pdf. 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). 

The proposed rule was published at 

86 FR 21681 on April 23, 2021. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 35. No other 

comments were filed. The Petitioner 

states that VHF channels have certain 

propagation characteristics which may 

cause reception issues for some viewers. 

In addition, WRGB has received 

numerous complaints from viewers 

unable to receive the Station’s over-theair signal, despite being able to receive 

signals from other stations. While the 

proposed channel 35 noise limited 

contour does not completely encompass 

the relevant channel 6 noise limited 

contour, WRGB is a CBS affiliate and 

there are three other CBS affiliated 

stations that serve some portion of the 

loss area. In addition, the Petitioner 

submitted an analysis, using the 

Commission’s TVStudy software 

analysis program, demonstrating that, 

after taking into account service 

provided by other CBS stations, all of 

the population located within WRGB’s 

original post-DTV transition channel 6 

noise limited contour will continue to 

receive CBS service, except for 30 

people, a number the Commission 

considers de minimis. As the Bureau 

explained in the NPRM, it used the 

technical parameters of WRGB’s original 

post-transition digital channel 6 facility 

(File No. BPCDT–20080307AAK) in 


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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 34159 

determining any predicted loss which 

may occur. 

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 Communication Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rules 

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(i), amend the PostTransition Table of DTV Allotments, 

under New York, by revising the entry 

for Schenectady to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) * * * 

Community Channel No. 

* * * * * 

NEW YORK 

* * * * * 

Schenectady ......................... * 34, 35, 43 

* * * * * 

[FR Doc. 2021–13812 Filed 6–28–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 210623–0136] 

RIN 0648–BK34 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gray 

Triggerfish Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement management measures 

described in a framework action to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP), as prepared by the Gulf of 

Mexico Fishery Management Council 

(Council). This final rule modifies catch 

limits in the Gulf of Mexico (Gulf) 

exclusive economic zone (EEZ) for gray 

triggerfish. The purpose of this final rule 

and the framework action is to modify 

the catch limits, as applicable, 

consistent with the most recent interim 

analysis for gray triggerfish and to 

achieve optimum yield (OY) for the 

stock. 

DATES: This final rule is effective July 

29, 2021. 

ADDRESSES: Electronic copies of the 

framework action, which includes an 

environmental assessment, a regulatory 

impact review, and a Regulatory 

Flexibility Act analysis, may be 

obtained from the Southeast Regional 

Office website at https://

www.fisheries.noaa.gov/action/ 

framework-action-modification-graytriggerfish-catch-limits. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, Southeast Regional 

Office, NMFS, telephone: 727–824– 

5305, email: Kelli.ODonnell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes gray 

triggerfish, is managed under the FMP. 

The FMP was prepared by the Council 

and is implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

On April 21, 2021, NMFS published 

a proposed rule for the framework 

action and requested public comment 

(86 FR 20649). The proposed rule and 

the framework action outline the 

rationale for the actions contained in 

this final rule, which is unchanged from 

the proposed rule. A summary of the 

management measures described in the 

framework action and implemented by 

this final rule is described below. All 

weights in the final rule are described 

in round weight. 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and to 

achieve, on a continuing basis, the OY 

from federally managed fish stocks to 

ensure that fishery resources are 

managed for the greatest overall benefit 

to the nation, particularly with respect 

to providing food production and 

recreational opportunities, and 

protecting marine ecosystems. 

Gray triggerfish in the Gulf EEZ are 

managed using both commercial and 

recreational sector measures with each 

sector having its own annual catch limit 

(ACL) and annual catch target (ACT). 

The sector allocation of the stock ACL, 

which equals the acceptable biological 

catch (ABC), is 21 percent commercial 

and 79 percent recreational and was 

implemented in 2008 through 

Amendment 30A to the FMP (73 FR 

38139; July 3, 2008). Inseason 

accountability measures (AMs) for gray 

triggerfish specify that if commercial or 

recreational landings meet or are 

projected to meet the respective sector’s 

ACT, that sector will close for the 

remainder of the fishing year. For the 

commercial sector, the post-season AM 

specifies that if the commercial ACL is 

exceeded despite the quota closure, then 

the following fishing year’s commercial 

ACL and ACT (commercial quota) will 

be reduced by the amount of the prior 

year’s commercial ACL overage. For the 

recreational sector, if the recreational 

ACL is exceeded and gray triggerfish are 

overfished, then in the following fishing 

year the recreational ACL and ACT 

would be reduced by the amount of the 

ACL overage in the prior fishing year. 

The current gray triggerfish ACLs, ACTs 

(set at 5 percent and 10 percent less 

than the commercial and recreational 

sector ACLs, respectively), and inseason 

AMs for both sectors and the post 

season AM for the recreational sector, 

were established in 2013, through 

Amendment 37 to the FMP (78 FR 

27084; May 9, 2013). The postseason 

AM for the commercial sector was 

established in 2008, through 

Amendment 30A to the FMP (73 FR 

38139). 

The most recent Southeast Data, 

Assessment, and Review (SEDAR) stock 

assessment for gray triggerfish was 

completed and reviewed by the 


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