Establishment of a Spectrum Utilization Policy for the Fixed and Mobile Services' Use of Certain Bands Between 947 MHz and 40 GHz; Streamline Processing of Microwave Applications in the Wireless Telecommunications Services and Telecommunications Industry Association Petition for Rulemaking; Terrestrial Microwave Fixed Radio Services, 63811-63812 [2019-24669]
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations
limitation on overhead reimbursement.
A proper RFA analysis likely should
have considered the effect that moving
from a nonbinding policy to binding
rule would have on small entities. Cf.
Am. Federation of Labor v. Chertoff, 552
F. Supp. 2d 999, 1013 (N.D. Cal. 2007)
(noting ‘‘serious questions [about]
whether DHS violated the RFA’’ when
it refused to conduct a final flexibility
analysis about a rule that ‘‘as good as
mandates costly compliance with a new
90-day timeframe’’). There was also no
showing concerning § 75.300(c) and (d),
which may impose compliance costs on
recipients by subjecting the recipients to
conflicting statutory and non-statutory
requirements.
The regulatory provisions
promulgated in the final rules will not
be enforced pending rulemaking.
As described above, unless waived
pursuant to section 605(b), the RFA
generally requires an agency to prepare
a final regulatory flexibility analysis.
See 5 U.S.C. 604(a), 611(a). The
preparation of such analysis may be
delayed by up to 180 days after the
publication of the final rule in cases of
emergency. See 5 U.S.C. 608(b).
Moreover, flawed RFA analyses have
been the basis for judicial review of
rulemakings.
Because the Department has serious
concerns about whether the RFA
analysis performed here complied with
the RFA, the Department is announcing
that it will not enforce the regulatory
provisions, pending repromulgation of
the Rule. The majority of the
Department’s grantees are small
entities,6 and the RFA process
undertaken with respect to this Rule
raises significant concerns about
whether their interests were protected
in the manner the statute prescribes.
Rather than apply a nonenforcement
policy only to small entities, however,
the Department is exercising its
discretion to not enforce the rules with
respect to any grantees until the rules
have been properly re-promulgated with
an impact analysis that hews to the
requirements of the RFA. Applying
these rules differently to agency
grantees depending on size would be
unfair, create increased compliance
costs for all entities as they seek to
determine whether they are or are not
still subject to the rules, and impose
additional administrative burdens on
the Department disproportionate to the
benefit of enforcement.
Accordingly, the regulatory actions,
promulgated through the December 12,
2016 final rules, 81 FR 89393, namely,
6 See,
e.g., https://taggs.hhs.gov/ReportsGrants/
GrantsByRecipClass.
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15:51 Nov 18, 2019
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the additions of 45 CFR 75.101(f),
75.300(c) and (d), 75.414(c)(1)(i) through
(iii), and 75.477, and the amendments to
45 CFR 75.110(a), 75.305(a), 75.365, and
75.414(f), will not be enforced pending
repromulgation.7
Dated: November 1, 2019.
Eric D. Hargan,
Deputy Secretary, Department of Health and
Human Services.
[FR Doc. 2019–24384 Filed 11–18–19; 8:45 am]
1996 (61 FR 26677, pages 26708, 26712,
and 26725) contained typographical
errors. The correcting amendments in
this document fix those errors. The
Commission is also correcting an error
in a footnote and table—Table 3—Paired
Frequencies (MHz), [12.5 kHz
bandwidth]. The corrected rules are
§§ 74.602(i)(2), 78.18(a)(5)(ii),
101.115(b)(2), 101.147(b)(2) and
101.803(e)(2).
List of Subjects
BILLING CODE 4150–24–P
47 CFR Part 74
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 78
47 CFR Parts 74, 78, and 101
[GN Docket No. 82–334; WT Docket No. 00–
19, RM–9418; FCC 02–218; and WT Docket
No. 94–148, FCC 96–51]
Establishment of a Spectrum
Utilization Policy for the Fixed and
Mobile Services’ Use of Certain Bands
Between 947 MHz and 40 GHz;
Streamline Processing of Microwave
Applications in the Wireless
Telecommunications Services and
Telecommunications Industry
Association Petition for Rulemaking;
Terrestrial Microwave Fixed Radio
Services
Federal Communications
Commission.
ACTION: Correcting amendments.
AGENCY:
The Federal Communications
Commission (FCC/Commission) is
correcting final rules that had
typographical errors that were
published in three separate reports in
the Federal Register. In those
documents, the Commission used table
8 MHz maximum authorized bandwidth
channels that had an error in various
rules. This document corrects the errors.
DATES: Effective November 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Stephen Buenzow of the Wireless
Telecommunications Bureau,
Broadband Division at (717) 338–2647
or Stephen.Buenzow@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission’s documents GN Docket
No. 82–334, published March 9, 1987
(52 FR 7136, pages 7142 and 7144); WT
Docket No. 00–19, RM–9418, FCC 02–
218, published May 28, 1996 (61 FR
26677, as amended at 62 FR 4924, Feb.
3, 1997, page 4925); and WT Docket No.
94–148, FCC 96–51, published May 28,
SUMMARY:
7 Elsewhere in this issue of the Federal Register,
the Department publishes a notice of proposed
rulemaking to begin the process of repromulgating,
as appropriate, these rules.
PO 00000
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Fmt 4700
Sfmt 4700
Communications equipment, Radio,
Television.
Cable television, television,
Communications equipment, Radio.
47 CFR Part 101
Communications equipment, Radio.
Accordingly, 47 CFR parts 74, 78, and
101 are corrected by making the
following correcting amendments:
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
1. 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.
2. In § 74.602, amend the table in
paragraph (i)(2) by revising the entry for
‘‘6446.0’’ to reads as follows:
■
§ 74.602
*
Frequency assignment.
*
*
(i) * * *
(2) * * *
*
*
Receive
(or transmit)
(MHz)
Transmit
(or receive MHz)
*
*
6446.0
*
*
6496.0
*
*
*
*
*
*
*
*
*
*
*
PART 78—CABLE TELEVISION RELAY
SERVICE
3. The authority citation for part 78
continues to read as follows:
■
Authority: 47 U.S.C. 152, 153, 154, 301,
303, 307, 308, 309.
4. In § 78.18, amend paragraph
(a)(5)(ii) by revising entry for ‘‘6446.0’’
read as follows:
■
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63812
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations
§ 78.18 Frequency assignment.
[CORRECTION]
*
*
*
(a) * * *
(5) * * *
(ii) * * *
*
*
Receive
(or transmit)
(MHz)
Transmit
(or receive MHz)
*
6446.0
*
*
6496.0
*
*
*
*
*
*
*
*
*
*
*
6446.0
*
*
6496.0
*
*
*
*
*
*
*
*
*
Receive
(or transmit)
(MHz)
Transmit
(or receive MHz)
*
*
*
*
■ 8. In § 101.803, amend the table in
paragraph (e)(2) by revising entry for
‘‘6446.0’’ to the table to read as follows:
§ 101.803
*
*
PART 101—FIXED MICROWAVE
SERVICES
Frequencies.
*
*
(e) * * *
(2) * * *
*
*
Receive
(or transmit)
(MHz)
Transmit
(or receive MHz)
5. The authority citation for part 101
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303.
6. In § 101.115, amend the table in
paragraph (b)(2) by revising the text of
footnote 7 to read as follows:
*
*
6446.0
*
*
6496.0
*
*
*
*
*
*
■
§ 101.115
Directional antennas.
*
*
*
*
*
(b) * * *
(2) * * *
7 For stations authorized or pending
on April 1, 2003, the minimum
radiation suppression for Category B is
35dB in the 10,550–10,680 MHz band
and 36 dB in the 21,200–23,600 MHz
band for discrimination angles from
100° to 180°.
*
*
*
*
*
7. In § 101.147, amend table 3 in
paragraph (b)(2) by revising entry for
928.36875’’ and in the table in
paragraph (j)(2) by revising the entry for
‘‘6446.0’’ to read as follows:
■
§ 101.147
*
Frequency assignments.
*
*
(b) * * *
(2) * * *
*
TABLE 3—PAIRED FREQUENCIES
(MHz)
[12.5 kHz bandwidth]
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*
*
928.36875
*
*
*
*
*
(j) * * *
(2) * * *
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Master transmit
*
*
*
928.36875
*
*
*
*
15:51 Nov 18, 2019
Jkt 250001
[FR Doc. 2019–24669 Filed 11–18–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RTID 0648–XT027
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
*
Remote transmit
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
*
NMFS is transferring 53.2
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category, to account for
an accrued overharvest of 33.7 mt from
previous time period subquotas. This
action is intended to provide
opportunities for General category
fishermen to participate in the
December General category fishery,
which is scheduled to reopen on
December 1, 2019, and is based on
consideration of the regulatory
determination criteria regarding
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
inseason adjustments. This action
would affect Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
Effective November 18, 2019
through December 31, 2019.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Nicholas
Velseboer, 978–281–9260, or Larry
Redd, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006) and amendments. NMFS is
required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCATrecommended quota.
The current baseline General and
Reserve category quotas are 555.7 mt
and 29.5 mt, respectively. See
§ 635.27(a). Each of the General category
time periods (January, June through
August, September, October through
November, and December) is allocated a
‘‘subquota’’ or portion of the annual
General category quota. The baseline
subquotas for each time period are as
follows: 29.5 mt for January; 277.9 mt
for June through August; 147.3 mt for
September; 72.2 mt for October through
November; and 28.9 mt for December.
Any unused General category quota
rolls forward from one time period to
the next and is available for use in
subsequent time periods. To date for
2019, NMFS has taken seven actions
that resulted in adjustments to the
Reserve category, leaving 65.3 mt of
quota currently available (84 FR 3724,
February 13, 2019; 84 FR 6701, February
28, 2019; 84 FR 35340, July 23, 2019; 84
FR 47440, September 10, 2019; and 84
FR 48566, September 16, 2019; 84 FR
E:\FR\FM\19NOR1.SGM
19NOR1
Agencies
[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63811-63812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24669]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 74, 78, and 101
[GN Docket No. 82-334; WT Docket No. 00-19, RM-9418; FCC 02-218; and WT
Docket No. 94-148, FCC 96-51]
Establishment of a Spectrum Utilization Policy for the Fixed and
Mobile Services' Use of Certain Bands Between 947 MHz and 40 GHz;
Streamline Processing of Microwave Applications in the Wireless
Telecommunications Services and Telecommunications Industry Association
Petition for Rulemaking; Terrestrial Microwave Fixed Radio Services
AGENCY: Federal Communications Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC/Commission) is
correcting final rules that had typographical errors that were
published in three separate reports in the Federal Register. In those
documents, the Commission used table 8 MHz maximum authorized bandwidth
channels that had an error in various rules. This document corrects the
errors.
DATES: Effective November 19, 2019.
FOR FURTHER INFORMATION CONTACT: Stephen Buenzow of the Wireless
Telecommunications Bureau, Broadband Division at (717) 338-2647 or
[email protected].
SUPPLEMENTARY INFORMATION: The Commission's documents GN Docket No. 82-
334, published March 9, 1987 (52 FR 7136, pages 7142 and 7144); WT
Docket No. 00-19, RM-9418, FCC 02-218, published May 28, 1996 (61 FR
26677, as amended at 62 FR 4924, Feb. 3, 1997, page 4925); and WT
Docket No. 94-148, FCC 96-51, published May 28, 1996 (61 FR 26677,
pages 26708, 26712, and 26725) contained typographical errors. The
correcting amendments in this document fix those errors. The Commission
is also correcting an error in a footnote and table--Table 3--Paired
Frequencies (MHz), [12.5 kHz bandwidth]. The corrected rules are
Sec. Sec. 74.602(i)(2), 78.18(a)(5)(ii), 101.115(b)(2), 101.147(b)(2)
and 101.803(e)(2).
List of Subjects
47 CFR Part 74
Communications equipment, Radio, Television.
47 CFR Part 78
Cable television, television, Communications equipment, Radio.
47 CFR Part 101
Communications equipment, Radio.
Accordingly, 47 CFR parts 74, 78, and 101 are corrected by making
the following correcting amendments:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. 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.
0
2. In Sec. 74.602, amend the table in paragraph (i)(2) by revising the
entry for ``6446.0'' to reads as follows:
Sec. 74.602 Frequency assignment.
* * * * *
(i) * * *
(2) * * *
------------------------------------------------------------------------
Transmit (or receive MHz) Receive (or transmit) (MHz)
------------------------------------------------------------------------
* * * * *
6446.0 6496.0
* * * * *
------------------------------------------------------------------------
* * * * *
PART 78--CABLE TELEVISION RELAY SERVICE
0
3. The authority citation for part 78 continues to read as follows:
Authority: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.
0
4. In Sec. 78.18, amend paragraph (a)(5)(ii) by revising entry for
``6446.0'' read as follows:
[[Page 63812]]
Sec. 78.18 Frequency assignment. [CORRECTION]
* * * * *
(a) * * *
(5) * * *
(ii) * * *
------------------------------------------------------------------------
Transmit (or receive MHz) Receive (or transmit) (MHz)
------------------------------------------------------------------------
* * * * *
6446.0 6496.0
* * * * *
------------------------------------------------------------------------
* * * * *
PART 101--FIXED MICROWAVE SERVICES
0
5. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
6. In Sec. 101.115, amend the table in paragraph (b)(2) by revising
the text of footnote 7 to read as follows:
Sec. 101.115 Directional antennas.
* * * * *
(b) * * *
(2) * * *
\7\ For stations authorized or pending on April 1, 2003, the
minimum radiation suppression for Category B is 35dB in the 10,550-
10,680 MHz band and 36 dB in the 21,200-23,600 MHz band for
discrimination angles from 100[deg] to 180[deg].
* * * * *
0
7. In Sec. 101.147, amend table 3 in paragraph (b)(2) by revising
entry for 928.36875'' and in the table in paragraph (j)(2) by revising
the entry for ``6446.0'' to read as follows:
Sec. 101.147 Frequency assignments.
* * * * *
(b) * * *
(2) * * *
Table 3--Paired Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Remote transmit Master transmit
------------------------------------------------------------------------
* * * * *
928.36875 928.36875
* * * * *
------------------------------------------------------------------------
* * * * *
(j) * * *
(2) * * *
------------------------------------------------------------------------
Transmit (or receive MHz) Receive (or transmit) (MHz)
------------------------------------------------------------------------
* * * * *
6446.0 6496.0
* * * * *
------------------------------------------------------------------------
* * * * *
0
8. In Sec. 101.803, amend the table in paragraph (e)(2) by revising
entry for ``6446.0'' to the table to read as follows:
Sec. 101.803 Frequencies.
* * * * *
(e) * * *
(2) * * *
------------------------------------------------------------------------
Transmit (or receive MHz) Receive (or transmit) (MHz)
------------------------------------------------------------------------
* * * * *
6446.0 6496.0
* * * * *
------------------------------------------------------------------------
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019-24669 Filed 11-18-19; 8:45 am]
BILLING CODE 6712-01-P