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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations
The Coast Guard will enforce the safety zone in 33
CFR 165.1305 for the Tacoma Freedom Air Show on Commencement Bay from 2 p.m. on July 3 through 12:30 a.m. on July 4, 2021. This action is being taken to provide for the safety of life on navigable waterways during the aerial demonstrations above the waterway.
The safety zone resembles a rectangle protruding from the shoreline along Ruston Way and will be marked by the event sponsor. The specific coordinates of the safety zone location are listed in 33 CFR 165.1305.
As specified in 165.1305c, during the enforcement period, no vessel may transit the regulated area without approval from the COTP or a COTP
designated representative. The COTP
may be assisted by other federal, state, and local law enforcement agencies in enforcing this regulation.
In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts during the day of the event. If the COTP determines that the safety zone need not be enforced for the full duration stated in the notice of enforcement, they will use a Broadcast Notice to Mariners or Local Notice to Mariners to grant general permission to enter the regulated area.

SUPPLEMENTARY INFORMATION:

Dated: April 29, 2021.
P.M. Hilbert, Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
FR Doc. 202109501 Filed 5421; 8:45 am BILLING CODE 911004P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
MB Docket No. 20343; FCC 2143; FRS
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FCC Adopts 10-Application Limit for NCE FM New Station Applications in Upcoming 2021 Filing Window Federal Communications Commission.
ACTION: Final rule.
AGENCY:

In this document the Commission adopts a limit of 10
applications filed by any party during the upcoming 2021 window for new noncommercial educational NCE FM
radio stations. The application cap is designed to provide a meaningful opportunity for applicants to file for new NCE FM stations and expand NCE

SUMMARY:

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service while, at the same time, deter speculative applications and procedural delays.
DATES: Effective June 4, 2021.
FOR FURTHER INFORMATION CONTACT:
James Bradshaw, James.Bradshaw@
fcc.gov; Lisa Scanlan, Lisa.Scanlan@
fcc.gov; or Amy Van de Kerckhove, Amy.Vandekerckhove@fcc.gov, of the Media Bureau, Audio Division, 202
4182700. Direct press inquiries to Janice Wise, Janice.Wise@fcc.gov, 202
4188165.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions document, FCC 2143, adopted and released April 21, 2021. The full text of this document is available for download at the FCCs Electronic Document Management System EDOCS website at https www.fcc.gov/edocs or via the FCCs Electronic Comment Filing System ECFS website at http
www.fcc.gov/ecfs by using the search function for MB Docket No. 20343
Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.
Synopsis 1. Introduction. The Commission recently announced the intention to open a 2021 filing window for FM
reserved band channels 201220
applications for new noncommercial educational NCE FM radio stations and sought comment on a proposed limit of 10 applications filed by any party during the upcoming window.
This document adopts the proposed 10application cap on NCE FM new station applications.
2. Background. In 2007, before the first NCE FM filing window opened, the Commission sought comment on an application cap and subsequently established a limit of 10 NCE FM new station applications filed by any party during the October 2007 filing window.
This application limit helped foster the goals of localism and diversity as reflected in the NCE FM point system, while also restricting the number of speculative or mutually exclusive MX
applications. This, in turn, minimized the delay caused by processing complicated application chains. The 10application cap also allowed the Commission to expeditiously process and grant thousands of applications to a wide range of local and diverse applicants, therefore promoting the rapid expansion of new NCE FM service throughout the country. In the October 2020 Cap Comment Notice published at 85 FR 70569 on Nov. 5, 2020, the Commission tentatively concluded that it should also establish a 10-application
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limit for the upcoming 2021 NCE FM
filing window.
3. In the Cap Comment Notice, the Commission sought comment on whether 10 applications is the appropriate limit to enable the efficient processing of applications and initiation of new NCE FM service. Although the commenters addressing the proposed cap agree that some limit is advisable, they were not in agreement on what specific limit would be most appropriate and beneficial. Specifically, while National Public Radio, Inc. NPR
endorses the Commissions proposed 10-application cap, REC Networks REC
proposes a lower five-application limit, and Educational Media Foundation EMF recommends allowing parties to file more than 10 applications if the additional applications are for areas outside the home counties of Nielsen Audio markets.
4. Discussion. The Commission adopts the proposal from the Cap Comment Notice to establish a limit of 10 NCE FM new station applications filed by any party during the upcoming filing window. The Commission finds a 10-application cap will best deter speculative filings, permit the expeditious processing of the applications filed in the window, and provide interested parties with a meaningful opportunity to file for and obtain new NCE FM station licenses.
5. The document acknowledges that RECs proposed five-application cap could theoretically curb the number of MX applications, and therefore, have the benefit of simplifying and expediting the processing of applications. The Commission finds, however, that this benefit is outweighed by the fact that a five-application limit will also curtail the expansion of new NCE FM service, and therefore, disserve the public interest. The last NCE FM
filing window was over 13 years ago, and accordingly, there is pent-up demand for new NCE FM channels, which is unlikely to be satisfied with a lower five-application cap.
6. The document acknowledges EMFs novel proposal, but concludes that the logistical and administrative challenges of implementing EMFs two-tiered approach are simply too cumbersome and create the potential for extraordinary procedural delays and the ultimate delay of new NCE FM service to the public. The Commission finds that adopting EMFs approach is not administratively feasible at this time.
The time required to further revise the Commissions rules and forms to adopt the EMF proposal would significantly delay the initiation of the filing window
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