Vessel Documentation Regulations-Technical Amendments, 58749 [C1-2017-20023]
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Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Sulfur oxides,
Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 4, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017–26899 Filed 12–13–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 67
[USCG–2016–0531]
Vessel Documentation Regulations—
Technical Amendments
Correction
In rule document 2017–20023
beginning on page 43858 in the issue of
Wednesday, September 20, 2017, make
the following correction:
§ 67.3
[Corrected]
In § 67.3, on page 43863, in the third
column, in the sixth through eighth
lines, ‘‘redesignate paragraphs (a) and
(b) as paragraphs (1) and (2);’’ should
read ‘‘redesignate paragraphs (a)
through (c) as paragraphs (1) through
(3);’’.
■
[FR Doc. C1–2017–20023 Filed 12–13–17; 8:45 am]
BILLING CODE 1301–00–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WT Docket No. 17–79; FCC 17–153]
sradovich on DSK3GMQ082PROD with RULES
Accelerating Wireless Broadband
Deployment by Removing Barriers to
Infrastructure Investment
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Federal Communications
Commission (Commission) eliminates
historic preservation review of
replacement utility poles that support
SUMMARY:
VerDate Sep<11>2014
15:57 Dec 13, 2017
Jkt 244001
communications equipment, subject to
conditions that ensure no effects on
historic properties. The Commission
also consolidates historic preservation
requirements in a single new rule.
DATES: Effective January 16, 2018.
FOR FURTHER INFORMATION CONTACT:
David Sieradzki, David.Sieradzki@
fcc.gov, of the Wireless
Telecommunications Bureau,
Competition & Infrastructure Policy
Division, 202–418–1368.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in WT Docket No. 17–79;
FCC 17–153, adopted November 16,
2017, and released on November 17,
2017. The document is available for
download at https://fjallfoss.fcc.gov/
edocs_public/. The complete text of this
document is also available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW, Room CY–A257,
Washington, DC 20554. 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).
I. Streamlining the Historic
Preservation Review Process
1. Enhancing the nation’s wireless
infrastructure is essential to meeting the
exploding demand for robust mobile
services and delivering the next
generation of applications using
transformative new network
technologies. Review of deployment
proposals pursuant to Section 106 of the
National Historic Preservation Act
(NHPA), 54 U.S.C. 306108, generally
serves the public policy objective of
preserving the nation’s historic heritage.
Not all infrastructure deployments,
however, have the potential to affect
historic properties. Where such
potential effects do not exist, requiring
an individual historic preservation
review can impose needless burdens
and slow infrastructure deployment.
2. Section 106 of the NHPA, 54 U.S.C.
306108, requires federal agencies to take
into account the effect (if any) of their
proposed undertakings on historic
properties before proceeding with such
undertakings. Agencies are responsible
for deciding whether or not particular
types of activities qualify as
undertakings under the definitions in
the regulations of the Advisory Council
on Historic Preservation (ACHP). See 36
CFR 800.3(a), 800.16(y). Where an
agency determines that a type of activity
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Fmt 4700
Sfmt 4700
58749
has no potential to affect historic
properties under any circumstances, the
agency may unilaterally eliminate the
review process for such undertakings.
36 CFR 800.3(a)(1).
3. In 2004, the Commission, the
ACHP, and the National Conference of
State Historic Preservation Officers
agreed to the establishment of the
Nationwide Programmatic Agreement
for Review of Effects on Historic
Properties for Certain Undertakings
2004 NPA). 47 CFR part 1. Of particular
relevance here, the 2004 NPA excludes
the construction of replacement
structures from historic preservation
review under defined conditions, but
only if the structure being replaced
meets the definition of a ‘‘tower,’’
meaning that it was constructed for the
sole or primary purpose of supporting
Commission-authorized antennas. See
47 CFR part 1, Appendix C, section
III.B. A structure that does not qualify
as a tower, such as a pole that initially
was erected to support electric utility
lines, does not fall within the exclusion
under the 2004 NPA even if it is later
used to support Commission-authorized
antennas. Consequently, if such a pole
must be replaced to support a
communications antenna and no other
exclusion applies, the pole replacement
is subject to review.
4. In the Notice of Proposed
Rulemaking in the present proceeding,
the Commission initiated a broad
examination of the regulatory
impediments to wireless network
infrastructure investment and
deployment, and how we may remove
or reduce such impediments, consistent
with the law and the public interest, in
order to promote the rapid deployment
of advanced wireless broadband service
to all Americans. See Accelerating
Wireless Broadband Deployment by
Removing Barriers to Infrastructure
Deployment, 32 FCC Rcd 3330 (2017)
(2017 Wireless Infrastructure NPRM) ;
see also Proposed Rule, 82 FR 21761
(May 10, 2017). The Commission
specifically sought comment on whether
to expand the categories of undertakings
that are excluded from historic
preservation review to include pole
replacements, and whether such a step
would facilitate wireless facility siting
while creating no or foreseeably
minimal potential for adverse impacts to
historic properties. The Commission
asked whether the construction of
replacement poles should be excluded
from Section 106 review, provided that
the replacement pole is not substantially
larger than the pole it is replacing, and
solicited input on whether any
additional conditions would be
appropriate.
E:\FR\FM\14DER1.SGM
14DER1
Agencies
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Page 58749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2017-20023]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 67
[USCG-2016-0531]
Vessel Documentation Regulations--Technical Amendments
Correction
In rule document 2017-20023 beginning on page 43858 in the issue of
Wednesday, September 20, 2017, make the following correction:
Sec. 67.3 [Corrected]
0
In Sec. 67.3, on page 43863, in the third column, in the sixth through
eighth lines, ``redesignate paragraphs (a) and (b) as paragraphs (1)
and (2);'' should read ``redesignate paragraphs (a) through (c) as
paragraphs (1) through (3);''.
[FR Doc. C1-2017-20023 Filed 12-13-17; 8:45 am]
BILLING CODE 1301-00-D