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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
11 at Lubbock 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 36 for channel 11 at Lubbock.
DATES: Effective May 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at 202
4181647 or Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commissions Report and Order, MB Docket No. 2161; RM
11885; DA 21477, adopted April 26, 2021, and released April 26, 2021. The full text of this document is available for download at https www.fcc.gov/edocs.
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
4180530 voice, 2024180432 tty.
The proposed rule was published at 86 FR 12163 on March 2, 2021. Gray filed comments in support of the petition reaffirming its commitment to applying for channel 36. No other comments were received. In support, Gray states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, and that many of its viewers experience significant difficulty receiving KCBDs signal. Gray also demonstrated that while there is a small terrain limited predicted loss area when comparing the licensed channel 11 and the proposed channel 36 facilities, all but 350 of the persons currently served by KCBD will continue to be well served by at least five other stations, a number which the Commission has recognized as de minimis. The Bureau believes the public interest would be served by the channel substitution because it will result in improved service.
This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 10413. 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 107198, see 44 U.S.C.
3506c4. 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.
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List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan, Chief of Staff, Media Bureau.

Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows:
PART 73RADIO 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.

2. In 73.622i, amend the PostTransition Table of DTV Allotments, under Texas, by revising the entry for Lubbock to read as follows:

73.622 Digital television table of allotments.

i

Community

Channel No.

TEXAS

Lubbock

16, 27, 35, 36, 39, 40

FR Doc. 202109537 Filed 5521; 8:45 am BILLING CODE 671201P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 218
Docket No. 2104210084
RIN 0648BJ90

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:

NMFS, upon request of the U.S. Navy Navy, hereby issues
SUMMARY:

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regulations to govern the unintentional taking of marine mammals incidental to construction activities including marine structure maintenance, pile replacement, and select waterfront improvements at Naval Station Norfolk NAVSTA Norfolk over the course of five years 20212026. These regulations, which allow for the issuance of a Letter of Authorization LOA for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
DATES: Effective from June 7, 2021 to June 7, 2026.
ADDRESSES: A copy of the Navys application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navyconstruction-naval-station-norfolknorfolk-virginia. In case of problems accessing these documents, please call the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Leah Davis, Office of Protected Resources, NMFS, 301 4278401.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Regulatory Action We received an application from the Navy requesting five-year regulations and authorization to take multiple species of marine mammals. This rule establishes a framework under the authority of the MMPA 16 U.S.C. 1361
et seq. to allow for the authorization of take by Level B harassment of marine mammals incidental to the Navys construction activities, including impact and vibratory pile driving. Please see Background below for definitions of harassment.
Legal Authority for the Action Section 101a5A of the MMPA 16
U.S.C. 1371a5A directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity other than commercial fishing within a specified geographical region for up to five years if, after notice and public comment, the agency makes certain findings and issues regulations that set forth permissible methods of taking pursuant to that activity and other means of
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