41916 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules 

Information Contact’’ section of this 

preamble for more information). 

V. Proposed Action 

EPA is proposing to approve and 

incorporate into South Carolina’s SIP 

the aforementioned changes to South 

Carolina Regulation 61–62.1, Section I— 

Definitions, state effective on April 24, 

2020. EPA has determined that these 

revisions meet the applicable 

requirements of Section 110 of the CAA 

and the applicable regulatory 

requirements at 40 CFR part 51. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule for 

South Carolina does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it does not have 

substantial direct effects on an Indian 

Tribe. The Catawba Indian Nation 

Reservation is located within the state of 

South Carolina. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120, ‘‘all state and local 

environmental laws and regulations 

apply to the [Catawba Indian Nation] 

and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ EPA 

notes this action will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 22, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–16032 Filed 8–3–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–21–921; RM–11891; DA 

21–921; FR ID 41251] 

Television Broadcasting Services 

Henderson, Nevada 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by KVVU 

Broadcasting Corporation (Petitioner), 

the licensee of KVVU (FOX), channel 9, 

Henderson, Nevada. The Petitioner 

requests the substitution of channel 24 

for channel 9 in the DTV Table of 

Allotments. 

DATES: Comments must be filed on or 

before September 3, 2021 and reply 

comments on or before September 20, 

2021. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

Christina Burrow, Esq., Cooley LLP, 

1299 Pennsylvania Avenue NW, Suite 

700, Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: In support 

of its channel substitution request, the 

Petitioner states that the Commission 

has recognized that VHF channels have 

certain characteristics that pose 

challenges for their use in providing 

digital television service, including 

propagation characteristics that allow 

undesired signals and noise to be 

receivable at relatively far distances and 

nearby electrical devices to cause 

interference. According to the 

Petitioner, it has received numerous 

complaints of poor or no reception from 

viewers, and explains the importance of 

a strong over-the-air signal in the Las 

Vegas area during emergencies, when, it 

states, cable and satellite service may go 

out of operation. It also explained that 

improving KVVU’s signal would serve 

the public interest because more than 25 

percent of viewers in the Las Vegas area 

receive television broadcast signals 

over-the-air. Finally, the Petitioner 

recognized that the channel 24 noise 

limited contour would not fully 

encompass the existing channel 9 

contour, but stated that only 152 

persons in the lost coverage area would 

lose service from KVVU–TV, a number 

the Commission considers de minimis, 

and no viewers would lose access to 

their first or second over-the-air 

television service. The Petitioner also 

performed an analysis using the 

Commission’s TVStudy software, which 

indicated that Petitioner’s proposal 

would result in no more than 0.5 

percent new interference to any 

surrounding co-channel or adjacentchannel facility. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 21–921; 

RM–11891; DA 21–921, adopted July 27, 

2021, and released July 28, 2021. The 

full text of this document is available for 

download at https://www.fcc.gov/edocs. 

To request materials in accessible 

formats (braille, large print, computer 

diskettes, or audio recordings), please 

send an email to FCC504@fcc.gov or call 

the Consumer & Government Affairs 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules 41917 

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

418–0432 (TTY). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a Notice of Proposed 

Rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in Section 1.1204(a) 

of the Commission’s rules, 47 CFR 

1.1204(a). 

See Sections 1.415 and 1.420 of the 

Commission’s rules for information 

regarding the proper filing procedures 

for comments, 47 CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Proposed Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

§ 73.622 [Amended] 

■ 2. In § 73.622 in paragraph (i), amend 

the Post-Transition Table of DTV 

Allotments under Nevada by revising 

the entry for Henderson to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) * * * 

Community Channel No. 

* * * * * 

NEVADA 

* * * * * 

Henderson ............................ 24 

* * * * * 

[FR Doc. 2021–16589 Filed 8–3–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2021–0043; 

FF09E21000 FXES11180900000 212] 

RIN 1018–BF35 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

With Section 4(d) Rule for Emperor 

Penguin 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list the emperor penguin (Aptenodytes 

forsteri), a flightless bird species from 

Antarctica, as a threatened species 

under the Endangered Species Act of 

1973, as amended (Act). This proposal 

also serves as our 12-month finding on 

a petition to list the emperor penguin. 

After a review of the best available 

scientific and commercial information, 

we find that listing the species is 

warranted. Accordingly, we propose to 

list the emperor penguin as a threatened 

species with a rule issued under section 

4(d) of the Act (‘‘4(d) rule’’). If we 

finalize this rule as proposed, it would 

add this species to the List of 

Endangered and Threatened Wildlife 

and extend the Act’s protections to the 

species. 

DATES: We will accept comments 

received or postmarked on or before 

October 4, 2021. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. We 

must receive requests for a public 

hearing, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by September 20, 2021. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–HQ–ES–2021–0043, which 

is the docket number for this 

rulemaking. Then, click on the Search 

button. On the resulting page, in the 

Search panel on the left side of the 

screen, under the Document Type 

heading, check the Proposed Rule box to 

locate this document. You may submit 

a comment by clicking on ‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–HQ–ES–2021–0043, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

Information Requested, below, for more 

information). 

Availability of supporting materials: 

Supporting documentation used to 

prepare this proposed rule, including 

the species status assessment (SSA) 

report, is available on the internet at 

http://www.regulations.gov under 

Docket No. FWS–HQ–ES–2021–0043. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Maclin, Chief, Branch of 

Delisting and Foreign Species, 

Ecological Services Program, U.S. Fish 

and Wildlife Service, MS: ES, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803 (telephone 703–358–2171). 

Persons who use a telecommunications 

device for the deaf may call the Federal 

Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, if we determine that a species 

is an endangered or threatened species 

throughout all or a significant portion of 

its range, we are required to promptly 

publish a proposal in the Federal 

Register. We will make a determination 

on our proposal within 1 year, unless 

we determine that there is substantial 

disagreement regarding the sufficiency 

and accuracy of the available data 

relevant to the proposed listing, in 

which case we may extend the final 

determination for not more than 6 

months. Listing a species as an 

endangered or threatened species can 

only be completed by issuing a rule. 

What this document does. We 

propose to list the emperor penguin as 

a threatened species with a 4(d) rule 

under the Act. 

The basis for our action. Under the 

Act, we may determine that a species is 


lotter on DSK11XQN23PROD with PROPOSALS1