Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43145 

be removed, resulting in the removal of 

existing extensions, and adding the 

following extensions; 155° bearing, from 

the 12 mile radius to 18 miles southeast 

of the airport, 285° bearing, from the 12 

mile radius to 15 miles west of the 

airport, and 335° bearing, from the 12 

mile radius to 15.4 mile northwest of 

the airport. Also, the geographic 

coordinates would be updated to 

coincide with the FAA’s data base. This 

action would enhance the safety and 

management of controlled airspace 

within the national airspace system. 

Class E airspace designations are 

published in Paragraphs 6002 and 6005, 

respectively, of FAA Order 7400.11E, 

dated July 21, 2020, and effective 

September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal would be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6002 Class E Surface Airspace. 

* * * * * 

ANE NH E2 Concord, NH [Removed] 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANE NH E5 Concord, NH [Amended] 

Concord Municipal Airport, NH 

(Lat. 43°12′2710′′ N, long. 71°30′08′′ W) 

That airspace extending upward from 700 

feet above the surface within a 12-mile radius 

of Concord Municipal Airport, and within 

3.1-miles each side of the 155° bearing from 

the airport, extending from the 12-mile 

radius to 18-miles southeast of the airport; 

and within 3-miles each side of the 285° 

bearing from the airport, extending from the 

12-mile radius to 15-miles west of the airport; 

and within 2-miles each side of the 335° 

bearing from the airport, extending from the 

12-mile radius to 15.4-miles northwest of the 

airport. 

Issued in College Park, Georgia, on August 

2, 2021. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–16773 Filed 8–5–21; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 21–263; FCC 21–84; FR ID 

38739] 

Updating Broadcast Radio Technical 

Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Federal Communication 

Commission proposes to amend the 

rules applicable to broadcast radio 

stations to better reflect current 

requirements and eliminate redundant, 

outdated, or conflicting technical 

provisions. 

DATES: Comments may be filed on or 

before September 7, 2021 and reply 

comments may be filed on or before 

September 20, 2021. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 21–263, by 

any of the following methods: 

• Federal Communications 

Commission’s Electronic Comment 

Filing System (ECFS): http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. Commercial overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9050 Junction Drive, Annapolis 

Junction, MD 20743. U.S. Postal Service 

First Class, Express, and Priority mail 

must be addressed to 45 L Street NE, 

Washington, DC 20554. All filings must 

be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 888– 

835–5322. 

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 Notice of 

Proposed Rulemaking (NPRM), MB 

Docket No. 21–263, FCC 21–84, adopted 

and released on July 12, 2021. The full 

text of this document will be available 

for public inspection and copying via 

ECFS. The full text of this document can 

also be downloaded in Word or Portable 

Document Format (PDF) at http://

www.fcc.gov/ndbedp. 

Synopsis 

1. The Federal Communication 

Commission proposes to amend 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 

proposes to amend 47 CFR 73.1665(b) to 


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remove the maximum rated transmitter 

power limit for AM stations and delete 

the corresponding ‘‘Table 1 to paragraph 

(b).’’ The Commission tentatively 

concludes that an equipment limitation 

on potential transmitter power is 

outdated and unnecessary given its 

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 restriction 

on AM transmitter power goes back 

many decades and was adopted in 

substantially its current form in 1978. 

The Commission tentatively concludes 

that retaining an equipment-based 

maximum rated transmitter power rule 

is unnecessary and inconsistent with 

the standard governing the operating 

power of AM stations set out in 47 CFR 

73.51. It seeks comment on eliminating 

this requirement and on any other 

changes to the rules necessary or 

appropriate to reflect this change. 

3. NCE community of license 

coverage. The Commission proposes to 

amend 47 CFR 73.316(c)(2)(ix)(B) and 

73.1690(c)(8)(i) to harmonize with the 

later-adopted NCE FM community 

coverage standard set out in 47 CFR 

73.515. Specifically, it proposes that the 

requirement in section 73.515 that 

stations reach 50% of their community 

of license or 50% of the population in 

their community should replace the 

more general requirement in sections 

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

that the station cover ‘‘a portion of the 

community.’’ Applications covered by 

sections 73.316(c)(2)(ix)(B) and 

73.1690(c)(8)(i) must already satisfy the 

requirement set out in section 73.515. 

To harmonize these provisions, the 

Commission proposes to amend these 

two rules to state that an NCE FM 

station operating on a reserved channel 

must provide a predicted 60 dBm signal 

to at least 50% of its community of 

license or reach 50% of the population 

within the community. It seeks 

comment on this proposal. 

4. FM transmitter interference to 

nearby antennas. The Commission 

proposes to eliminate 47 CFR 73.316(d), 

which it tentatively concludes is an 

unnecessary burden on applicants. This 

is a seldom-used rule, which the 

Commission tentatively concludes does 

not prevent interference to any 

significant degree, if at all. The 

Commission seeks comment on this 

tentative conclusion as well as any other 

applicable considerations it should take 

into account when eliminating this rule. 

Section 73.316(d) provides that 

‘‘[a]pplications 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 approximate 

operation.’’ Based on the Commission’s 

experience, it tentatively concludes that 

broadcast radio antennas within this 

physical proximity are unlikely to create 

interference problems if they are 

otherwise compliant with the 

transmission system requirements set 

out in 47 CFR 73.317 and states that it 

is not aware of any industry complaints 

of such interference during the more 

than 70 years this rule has been in 

effect. Therefore, the Commission 

proposes to eliminate section 73.316(d) 

as an unnecessary application 

requirement and seeks comment on this 

proposal. 

5. NCE FM Class D second-adjacent 

channel interference ratio. The 

Commission proposes to amend 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. This change 

will create consistency across different 

NCE FM station classes regarding 

contour overlap limitations. The 

Commission tentatively concludes that 

the current Class D contour overlap 

requirement is not necessary given the 

proven efficacy of the less restrictive 

requirements for other stations and 

anticipates that this change will allow 

Class D stations greater site selection 

flexibility as well as the opportunity to 

potentially increase their coverage areas. 

Currently, section 73.509(b) provides 

that applications by NCE FM Class D 

station licensees will not be accepted if 

they propose overlap of the applicant 

station’s 80 dBu (interfering) contour 

with the 60 dBu (protected) contour of 

any second-adjacent channel station 

(i.e., a 20 dBu interference ratio). In 

contrast, section 73.509(a) prohibits 

overlap of any other NCE applicant 

station’s 100 dBu (interfering) contour 

with the 60 dBu (protected) contour of 

any second-adjacent channel station 

(i.e., a 40 dBu interference ratio). When 

it adopted section 73.509(a) in 2000, the 

Commission explained that the 100 dBu 

standard is a better gauge of potential 

second-adjacent channel interference 

than the 80 dBu standard and that 

adoption of a less preclusive 100 dBu 

standard would create opportunities for 

NCE FM and FM translator stations to 

increase power and coverage, and 

provide them with greater site selection 

flexibility. However, because of a thenpending proceeding to establish the 

LPFM service, the Commission deferred 

any action on proposals involving NCE 

FM Class D stations. The LPFM service 

has now been established and is 

currently a relatively mature service, so 

the Commission tentatively concludes 

that the time is ripe to extend the 

otherwise universal 100 dBu contour 

overlap standard for second-adjacent 

channels to NCE FM Class D stations. It 

seeks comment on this proposal. 

6. Protection for grandfathered 

common carriers in Alaska in the 76– 

100 MHz band. The Commission 

proposes to delete the outdated 

requirement that radio stations 

operating in the 76–100 MHz band 

protect common carrier services in 

Alaska. It states that this rule is 

unnecessary and obsolete because the 

Commission’s licensing databases 

indicate that there are no common 

carrier services remaining in this band 

in Alaska. The relevant provisions, 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 contain similar 

language requiring broadcast services to 

protect grandfathered common carrier 

services in Alaska operating in the 76– 

100 MHz frequency band. With the 

exception of section 74.786(b), which 

was added in 2004 to apply the Alaska 

rule to digital LPTV and TV translators, 

this suite of rule provisions was created 

in 1982 when the Commission 

reallocated the 76–100 MHz band in 

Alaska from government and nongovernment fixed services to broadcast 

services. In doing so, the Commission 

grandfathered existing common carrier 

operations, protecting them from new 

broadcast services in that band. At the 

time, the Commission anticipated that 

such protection would become 

unnecessary as the common carriers 

gradually moved to other parts of the 

spectrum. Accordingly, in 2005, the 

Commission deleted two of the original 

five rules on the basis that there were no 

longer any common carrier stations in 

Alaska in the 76–100 MHz band. For the 

same reason, the Commission proposes 

to delete the remaining sections 

73.501(b), 74.1202(b)(3), and portions of 

74.702(a)(1) and 74.786(b) of the 

Commission’s rules as obsolete and 

unnecessary. It seeks comment on this 

proposal. 

7. AM fill-in area definition. The 

Commission proposes to amend 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.’’ It does not propose any change to 


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section 74.1201(g). The Commission 

anticipates that this change will create 

consistency across different rules 

governing fill-in translator transmitter 

siting. In 2009, when it modified the FM 

translator rules to allow AM stations to 

retransmit using fill-in FM translators, 

the Commission adopted new section (j) 

and amended section (g) to define an 

AM fill-in area for FM translators as the 

lesser of the 2 mV/m daytime contour of 

the AM station and a 25-mile (40 km) 

radius centered at the AM transmitter 

site. When the Commission relaxed this 

cross-service siting requirement in 2017, 

it amended section (g) to provide that an 

FM translator rebroadcasting an AM 

broadcast station must be located such 

that the 60 dBu contour is contained 

within the greater of either (a) the 2 mV/ 

m daytime contour of the AM station, or 

(b) a 25-mile radius centered at the AM 

station’s transmitter site. However, it 

did not update section (j) to reflect this 

change. The Commission proposes to do 

so now and seeks comment on this 

proposal. 

8. International agreements. To fully 

implement the provisions of relevant 

agreements with the Canadian and 

Mexican governments, the Commission 

proposes to amend 47 CFR 73.207(b) 

and 74.1235(d). Section 73.207(b)(2) 

states, ‘‘Under the Canada-United States 

FM Broadcasting Agreement, domestic 

U.S. allotments and assignments within 

320 kilometers (199 miles) of the 

common border must be separated from 

Canadian allotments and assignments 

by not less than the distances given in 

Table B, which follows.’’ The 1991 U.S.- 

Canada FM Broadcasting Agreement 

contains minimum distance separations 

but also offers contour overlap 

parameters for short-spaced stations to 

demonstrate compliance with the 

Agreement. Accordingly, the 

Commission proposes to include 

contour overlap-based protection for 

short-spaced stations in this rule. It also 

proposes to replace the current Table B 

with the superseding minimum distance 

separations table set out in a 1997 

Amendment to the 1991 U.S.-Canada 

FM Broadcasting Agreement. 

9. Currently, section 73.207(b)(3) 

provides that ‘‘[u]nder the 1992 MexicoUnited States FM Broadcasting 

Agreement, domestic U.S. assignments 

or allotments within 320 kilometers 

(199 miles) of the common border must 

be separated from Mexican assignments 

or allotments by not less than the 

distances given in Table C in this 

paragraph (b)(3).’’ This provision is no 

longer accurate, as, except for 

intermediate frequency separations, the 

1992 U.S.-Mexico FM Broadcasting 

Agreement provides for contouroverlap-based protection as well as 

minimum spacing protection. Therefore, 

the Commission proposes to revise this 

section to include contour overlapbased protection for short-spaced 

stations. It seeks comment on these 

proposed changes. 

10. The Commission also proposes to 

update 47 CFR 74.1235(d), governing 

FM translators, to conform with the 

relevant treaties. With respect to 

Canada, section 74.1235(d) states, 

‘‘Applications for FM translator stations 

located within 320 km of the Canadian 

border will not be accepted if they 

specify more than 50 watts effective 

radiated power in any direction or have 

a 34 dBu interference contour, 

calculated in accordance with § 74.1204 

of this part, that exceeds 32 km.’’ This 

provision codifies section 4.3 of the 

1991 U.S.-Canada FM Broadcasting 

Agreement. In 1997, the United States 

and Canada amended section 4.3 of the 

1991 U.S.-Canada FM Broadcasting 

Agreement to increase the permissible 

effective radiated power (ERP) for 

border FM translator stations from 50 to 

250 watts and the interference contour 

from 32 to 60 kilometers. To implement 

this change, in 1998, the Commission 

amended section 74.1235 by adding 

section (d)(3), which states, 

‘‘Applications for translator or booster 

stations within 320 km of the Canadian 

border may employ an ERP up to a 

maximum of 250 watts, as specified in 

§ 74.1235(a) and (b). The distance to the 

34 dBu interfering contour may not 

exceed 60 km in any direction.’’ 

Because the first sentence of section (d) 

is now outdated and conflicts with 

section (d)(3), the Commission proposes 

to modify it to conform to current treaty 

requirements and to eliminate section 

(d)(3). 

11. With respect to Mexico, section 

74.1235(d) provides, ‘‘FM translator 

stations located within 320 kilometers 

of the Mexican border must be separated 

from Mexican allotments and 

assignments in accordance with 

§ 73.207(b)(3) of this chapter and are 

limited to a transmitter power output of 

10 watts or less. For purposes of 

compliance with that section, FM 

translators will be considered as Class D 

FM stations.’’ In the 1992 U.S.-Mexico 

FM Broadcasting Agreement, translator 

stations are classified as LPFM stations 

rather than full service stations, and 

thus not subject to distance separation 

requirements. The Commission 

tentatively concludes that neither the 

rules nor the relevant international 

agreements require translator stations to 

adhere to those distance separations. In 

addition, the 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 consistent with 

current treaty requirements. For these 

reasons, the Commission proposes to 

delete these two sentences in the 

introductory paragraph of section 

74.1235(d) and seeks comments on this 

proposal. 

12. Finally, the Commission proposes 

to revise the translator power 

limitations set out in 47 CFR 

74.1235(d)(1) and (2). The 1992 U.S.- 

Mexico FM Broadcasting Agreement 

provides in relevant part that a 

translator’s ERP may not exceed 50 

watts in the direction of the other 

country nor produce an interfering 

contour more than 32 kilometers in the 

direction of the other country. Within 

125 km of the common border, the 

maximum distance to the protected 

contour of a translator must be 8.7 km 

in the direction of the other country. 

However, a translator located more than 

125 km from the border may operate 

with more than 50 watts in the direction 

of the other country, provided that its 

protected contour is not greater than, 

starting from 125 km from the border, 

8.7 km in the direction of the other 

country. In addition, under the 1992 

U.S.-Mexico FM Broadcasting 

Agreement, translators must protect the 

allotments and assignments of the other 

country based on their maximum 

permitted parameters. To accurately 

implement these provisions, the 

Commission proposes to amend sections 

74.1235(d)(1) and (2) to reflect current 

treaty requirements, as set out in 

Appendix A. Because these changes are 

intended to codify the existing state of 

international agreements to which the 

United States is a party, the Commission 

requests commenters to focus on 

whether the proposed changes properly 

implement the relevant treaty 

provisions rather than suggest changes 

to any of the agreed-upon limits. 

Comments and Reply Comments 

13. Filing Requirements.—Comments 

and Replies. Pursuant to 47 CFR 1.415 

and 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated in the DATES

section of this notice. Comments may be 

filed using the Commission’s Electronic 

Comment Filing System (ECFS). See 

Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121 

(1998). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 


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43148 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by commercial 

overnight courier or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20743. 

• U.S. Postal Service First Class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

14. People with Disabilities. 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 & Government 

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

202–418–0432 (tty). 

15. Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available via 

ECFS. 

Procedural Matters 

Ex Parte Rules 

16. This proceeding shall be treated as 

a ‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules, 47 CFR 1.1200 et seq. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine Period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to the Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with 47 CFR 

1.1206(b). In proceedings governed by 

47 CFR 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppl, searchable .ppl). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

17. Initial Paperwork Reduction Act 

Analysis. 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). 

Initial Regulatory Flexibility Analysis 

18. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared 

this Initial Regulatory Flexibility 

Analysis (IRFA) of the possible 

significant economic impact on a 

substantial number of small entities by 

the policies proposed in the Notice of 

Proposed Rulemaking (NPRM). Written 

public comments are requested on this 

IRFA. Comments must be identified as 

responses to the IRFA and must be filed 

by the deadlines for comments on the 

NPRM provided on the first page of the 

NPRM. The Commission will send a 

copy of this entire NPRM, including this 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA). In addition, the NPRM and the 

IRFA (or summaries thereof) will be 

published in the Federal Register. 

A. Need for, and Objectives of, the 

Proposed Rule Changes 

19. The Commission initiates this 

rulemaking proceeding to obtain 

comments regarding its proposal to 

update certain of its technical rules to 

better reflect current requirements and 

eliminate redundant, outdated, or 

conflicting provisions. Specifically, the 

Commission seeks comment on the 

following proposed rule changes: (1) 

Eliminating the maximum rated 

transmitter power limit rule for AM 

stations; (2) updating rule provisions 

containing an NCE FM community of 

license coverage requirement; (3) 

eliminating the requirement that 

applicants demonstrate the effect of any 

FM applicant transmitting antenna on 

nearby FM or TV broadcast antennas; (4) 

updating the signal strength contour 

overlap requirements for NCE FM Class 

D stations to harmonize with the 

contour overlap requirements for all 

other NCE FM stations; (5) eliminating 

the requirement for broadcast services to 

protect grandfathered common carrier 

services in Alaska operating in the 76– 

100 MHz frequency band; (6) 

harmonizing the definition of an ‘‘AM 

fill-in area’’ set out in multiple rule 

sections; and (7) amending the power 

limits for translators within 320 

kilometers of the Mexican and Canadian 

borders to comply with current treaty 

provisions. 

B. Legal Basis 

20. The proposed action is authorized 

pursuant to sections 1, 4(i), 4(j), 301, 

303, 307, 308, 309, 316, and 319 of the 

Communications Act, 47 U.S.C. 151, 

154(i), 154(j), 301, 303, 307, 308, 309, 

316, 319. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

21. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

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 SBA. The rules 

proposed herein will directly affect 

small television and radio broadcast 

stations. Below, we provide a 

description of these small entities, as 

well as an estimate of the number of 

such small entities, where feasible. 

22. Radio Stations. This Economic 

Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public.’’ The SBA has created the 

following small business size standard 

for this category: Those having $41.5 

million or less in annual receipts. 


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Census data for 2012 show that 2,849 

firms in this category operated in that 

year. Of this number, 2,806 firms had 

annual receipts of less than $25 million, 

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. 

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

Commission has estimated the number 

of licensed commercial AM radio 

stations to be 4,406 and the number of 

commercial FM radio stations to be 

6,726 for a total number of 11,132, along 

with 8,126 FM translator and booster 

stations. As of September 2019, 4,294 

AM stations and 6,739 FM stations had 

revenues of $41.5 million or less, 

according to Commission staff review of 

the BIA Kelsey Inc. Media Access Pro 

Television Database (BIA). In addition, 

the Commission has estimated the 

number of noncommercial educational 

FM radio stations to be 4,195. NCE 

stations are non-profit, and therefore 

considered to be small entities. 

Therefore, we estimate that the majority 

of radio broadcast stations are small 

entities. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

24. The NPRM proposes to amend 

existing rules to better reflect current 

requirements and eliminate redundant, 

outdated, or conflicting provisions. 

None of the proposed revisions require 

additional paperwork obligations and in 

one instance eliminates a currently 

required application showing. 

E. Steps Taken To Minimize Significant 

Impact on Small Entities and 

Significant Alternatives Considered 

25. 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. 

26. In the NPRM, the Commission 

proposes to amend existing rules to 

better reflect current requirements and 

eliminate redundant, outdated, or 

conflicting provisions. The proposed 

rules will eliminate the requirement that 

applicants demonstrate the effect of any 

FM applicant transmitting antenna on 

nearby FM or TV broadcast antennas. 

They will also eliminate the need for 

small entities and other licensees to 

comply with outdated technical 

regulations such as the maximum rated 

transmitter power limit rule for AM 

stations, the signal strength contour 

overlap requirements for NCE FM Class 

D stations, and the requirement for 

broadcast services to protect 

grandfathered common carrier services 

in Alaska operating in the 76–100 MHz 

frequency band. In addition, the rules 

clarify and harmonize provisions such 

as the definition of an ‘‘AM fill-in area,’’ 

power limits for FM translators near the 

Canadian and Mexican borders, and 

required community of license coverage 

for NCE FM stations, many of whom are 

small entities. These revisions will 

make the rules more transparent and 

accessible to small entities and thus 

reduce the need for expert engineering 

or legal assistance with compliance and 

reporting requirements. 

27. Alternatives considered by the 

Commission include retaining the 

existing rules and amending other, 

related rules to further improve the 

accuracy of the Code of Federal 

Regulations. The Commission seeks 

comment on the effect of the proposed 

rule changes on all affected entities. The 

Commission is open to consideration of 

alternatives to the proposals under 

consideration, including but not limited 

to alternatives that will minimize the 

burden on broadcasters, many of whom 

are small businesses. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rule 

28. None. 

Ordering Clauses 

29. 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, 

this Notice of Proposed Rulemaking is 

adopted. 

30. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects 

47 CFR Part 73 

Mexico, Radio. 

47 CFR Part 74 

Radio. 

Federal Communications Commission. 

Cecilia Sigmund, 

Federal Register Liaison Officer, Office of the 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 and part 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 revising 

paragraphs (b)(2) and (3) to read as 

follows: 

§ 73.207 Minimum distance separation 

between stations. 

* * * * * 

(b) * * * 

(2) Unless demonstrating compliance 

with the overlap provisions of the 1991 

United States-Canada FM Broadcasting 

Agreement, any domestic U.S. allotment 

or assignment within 320 kilometers 

(199 miles) of the common border must 

be separated from Canadian allotments 

and assignments by not less than the 

distances given in Table B, which 

follows. When applying Table B, 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. 


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43150 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 

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

Relation 

Co-channel Adjacent channels I.F. 

0 kHz 200 kHz 400 kHz 600 kHz 10.6/10.8 MHz 

A1–A1 .................................................................................. 78 45 24 20 4 

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

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

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

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

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

A–A ...................................................................................... 151 98 51 42 10 

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

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

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

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

B1–B1 .................................................................................. 197 131 70 57 24 

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

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

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

B–B ...................................................................................... 237 164 94 74 24 

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

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

C1–C1 .................................................................................. 292 217 134 101 48 

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

C–C ...................................................................................... 306 241 153 113 48 

(3) Unless demonstrating compliance 

with the overlap provisions of 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 be separated from Mexican 

assignments or allotments by not less 

than the distances given in Table C in 

this paragraph (b)(3). However, the I.F. 

minimum distance separations in Table 

C apply regardless of short-spaced 

status. When applying Table C— 

* * * * * 

■ 3. Amend § 73.316 by revising the 

second sentence of (c)(2)(ix)(B), 

removing paragraph (d), and 

redesignating paragraph (e) as paragraph 

(d) to 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. 

* * * * * 

§ 73.501 [Amended] 

■ 4. Amend § 73.501 by removing and 

reserving paragraph (b). 

■ 5. Amend § 73.509 by revising 

paragraph (b) to read as follows: 

§ 73.509 Prohibited overlap. 

* * * * * 

(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 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). 

■ 6. Amend § 73.1665 by revising 

paragraph (b) and removing Table 1 to 

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. 

* * * * * 

■ 7. 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 

■ 8. 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. 


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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43151 

§ 74.702 [Amended] 

■ 9. Amend § 74.702 by removing the 

second sentence of paragraph (a)(1). 

§ 74.786 [Amended] 

■ 10. Amend § 74.786 by removing the 

second sentence of paragraph (b). 

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] 

■ 11. Amend § 74.1202 by removing 

paragraph (b)(3). 

■ 12. Amend § 74.1235 by revising 

paragraph (d) to read as follows: 

§ 74.1235 Power limitations and antenna 

systems. 

* * * * * 

(d) Applications for FM translator 

stations located within 320 km of the 

Canadian border will not be accepted if 

they specify more than 250 watts 

effective radiated power in any 

direction or have a 34 dBu interference 

contour that exceeds 60 km. 

Applications for FM translator stations 

located within 320 kilometers of the 

Mexican border must adhere to the 

following provisions. 

(1) Translator stations located within 

125 kilometers of the Mexican border 

may operate with a maximum ERP of 

250 watts (0.250 kW) but must not 

exceed an ERP of 50 watts (0.050 kW) 

in the direction of the Mexican border. 

A translator station 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 of the translator 

station exceed 8.7 km from the 

transmitter site in the direction of the 

Mexican border. 

(2) Translator stations located 

between 125 kilometers and 320 

kilometers from the Mexican border 

may operate with a maximum ERP of 

250 watts in any direction. However, in 

no event shall the location of the 60 dBu 

contour lie within 116.3 km of the 

Mexican border. 

[FR Doc. 2021–15684 Filed 8–5–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 210730–0156; RTID 0648– 

XT040] 

Atlantic Highly Migratory Species; 

2022 Atlantic Shark Commercial 

Fishing Year 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

adjust quotas and retention limits and 

establish the opening date for the 2022 

fishing year for the Atlantic commercial 

shark fisheries. Quotas would be 

adjusted as required or allowable based 

on any underharvests experienced 

during the 2021 fishing year. NMFS 

proposes the opening date and 

commercial retention limits to provide, 

to the extent practicable, fishing 

opportunities for commercial shark 

fishermen in all regions and areas. The 

proposed measures could affect fishing 

opportunities for commercial shark 

fishermen in the northwestern Atlantic 

Ocean, the Gulf of Mexico, and the 

Caribbean Sea. 

DATES: Written comments must be 

received by September 7, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2021–0056, by electronic 

submission. Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal. Go to https://

www.regulations.gov and enter ‘‘NOAA– 

NMFS–2021–0056’’ in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

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 

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). 

Copies of this proposed rule and 

supporting documents are available 

from the HMS Management Division 

website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by 

contacting Lauren Latchford 

(lauren.latchford@noaa.gov) by phone at 

301–427–8503. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Latchford (lauren.latchford@

noaa.gov), Derek Kraft (derek.kraft@

noaa.gov), or Karyl Brewster-Geisz 

(karyl.brewster-geisz@noaa.gov) at 301– 

427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic commercial shark 

fisheries are managed under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The 2006 

Consolidated Atlantic Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP) and its amendments are 

implemented by regulations at 50 CFR 

part 635. For the Atlantic commercial 

shark fisheries, the 2006 Consolidated 

HMS FMP and its amendments 

established default commercial shark 

retention limits, commercial quotas for 

species and management groups, and 

accounting measures for underharvests 

and overharvests. The retention limits, 

commercial quotas, and accounting 

measures can be found at 50 CFR 

635.24(a) and 635.27(b). Regulations 

also include provisions allowing 

flexible opening dates for the fishing 

year (§ 635.27(b)(3)) and inseason 

adjustments to shark trip limits 

(§ 635.24(a)(8)), which provide 

management flexibility in furtherance of 

equitable fishing opportunities, to the 

extent practicable, for commercial shark 

fishermen in all regions and areas. In 

addition, § 635.28(b)(4) lists species 

and/or management groups with quotas 

that are linked. If quotas are linked, 

when the specified quota threshold for 

one management group or species is 

reached and that management group or 

species is closed, the linked 

management group or species closes at 

the same time (§ 635.28(b)(3)). Lastly, 

pursuant to § 635.27(b)(3), any annual or 

inseason adjustments to the base annual 

commercial overall, regional, or subregional quotas will be published in the 

Federal Register. 

2022 Proposed Commercial Shark 

Quotas 

NMFS proposes adjusting the quota 

levels for the various shark stocks and 

management groups for the 2022 

Atlantic commercial shark fishing year 


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