Safety Zone; Bahia de San Juan, San Juan, PR, 72385-72388 [2022-25730]
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
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final rule by an additional 90 days.4 On
May 21, 2021, the court granted another
motion by the plaintiffs to postpone the
effective date of the final rule by an
additional 90 days.5 On August 18,
2021, the court issued an order to
postpone the effective date of the final
rule by an additional 90 days.6 On
November 12, 2021, the court issued
another order to postpone the effective
date of the final rule by an additional 90
days.7 On February 10, 2022, the court
issued another order to postpone the
effective date of the final rule by an
additional 90 days.8 On May 10, 2022,
the court issued another order to
postpone the effective date of the final
rule by an additional 90 days.9 On
August 10, 2022, the court granted a
motion by the plaintiffs to postpone the
effective date of the final rule by an
additional 90 days.10 On November 7,
2022, the court issued another order to
postpone the effective date of the final
rule by an additional 31 days.11 The
court ordered that the new effective date
of the final rule is November 6, 2023.
Pursuant to the court order, any
obligation to comply with a deadline
tied to the effective date is similarly
postponed, and those obligations and
deadlines are now tied to the postponed
effective date.
To the extent that 5 U.S.C. 553 applies
to this action, the Agency’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
today in the Federal Register, is based
on the good cause exception in 5 U.S.C.
553(b)(B). Seeking public comment is
impracticable, unnecessary, and
contrary to the public interest. The 31day postponement of the effective date,
until November 6, 2023, is required by
court order in accordance with the
court’s authority to postpone a rule’s
4 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. March 2, 2021) (order granting Plaintiffs’
motion and postponing effective date), Doc. No. 89.
5 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. May 21, 2021) (order granting Plaintiffs’
motion and postponing effective date), Doc. No. 91.
6 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. August 18, 2021) (order postponing
effective date), Doc. No. 92.
7 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. November 12, 2021) (order postponing
effective date), Doc. No. 93.
8 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. February 10, 2022) (order postponing
effective date), Doc. No. 94.
9 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. May 10, 2022) (order postponing effective
date), Doc. No. 96.
10 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. August 10, 2022) (order granting
Plaintiffs’ motion and postponing effective date),
Doc. No. 100.
11 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. November 7, 2022) (order postponing
effective date), Doc. No. 104.
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15:54 Nov 23, 2022
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effective date pending judicial review (5
U.S.C. 705). Seeking prior public
comment on this postponement would
have been impracticable, as well as
contrary to the public interest in the
orderly issuance and implementation of
regulations.
Dated: November 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–25650 Filed 11–23–22; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2022–0881]
Special Local Regulations; Marine
Event Within the Captain of the Port
Savannah Zone—Savannah Harbor
Boat Parade of Lights and Fireworks
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the special local regulation for the
Savannah Harbor Boat Parade of Lights
and Fireworks. This action is necessary
to ensure safety of life on navigable
waters of the Savannah River during the
Savannah Harbor Boat Parade of Lights
and Fireworks displays. During the
enforcement period, no person or vessel
may enter, transit through, anchor in, or
remain within the designated area
unless authorized by the Captain of the
Port Savannah or a designated
representative.
SUMMARY:
The regulations in 33 CFR
100.701 will be enforced for the location
identified in paragraph (d) Item 4 of
Table 1 to § 100.701, will be enforced
from 5 p.m. through 10 p.m. on
November 26, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LT Alex McConnell, Marine
Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, extension
240, or email Alexander.W.McConnell@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation for the Savannah Harbor
Parade of Lights and Fireworks in 33
CFR 100.701, Table 1 to § 100.701,
paragraph (d), Item 4, from 5 p.m. until
10 p.m., on November 26, 2022. This
DATES:
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action is being taken to provide for the
safety and security of navigable
waterways during this one-day event.
Our regulation for marine events within
the Captain of the Port Savannah,
§ 100.701, specifies the location of the
special local regulation for Savannah
Harbor Boat Parade of Lights and
Fireworks, which encompasses parts of
the Savannah River from the Talmadge
bridge to a line drawn at 146 degrees
true from Dayboard 62, in Savannah,
GA. Only event sponsored, designated
participants and official patrol vessels
will be allowed to enter the regulated
area.
Spectator vessels may safely transit
outside the regulated area, but may not
anchor, block, loiter in, impede the
transit of festival participants or official
patrol vessels or enter the regulated area
without approval from the Captain of
the Port Savannah or a designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation. In addition to this notice
of enforcement in the Federal Register,
the Coast Guard will provide notice of
the regulated area via Local Notice to
Mariners, Marine Safety Information
Bulletins, Broadcast Notice to Mariners,
and on-scene designated
representatives.
Dated: November 22, 2022.
M.K. Villafane,
Lieutenant Commander, U.S. Coast Guard,
Acting, Captain of the Port Savannah, GA.
[FR Doc. 2022–25902 Filed 11–22–22; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0926]
RIN 1625–AA00
Safety Zone; Bahia de San Juan, San
Juan, PR
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of Bahia de San Juan,
within a 200-yard radius of the tug
MICHELE FOSS and barge FOSS
PREVAILING WIND. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
movement and berthing of two port
SUMMARY:
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facility cranes transiting inbound to
Puerto Rico Ports Authority (PRPA)
piers M, N and O, through Bahia de San
Juan’s main navigational channels.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector San Juan.
This rule is effective without
actual notice from November 25, 2022,
until November 28, 2022. For purposes
of enforcement, actual notice will be
used from November 18, 2022, until
November 25, 2022.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0926 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email LCDR Carlos M. Ortega-Perez,
Sector San Juan Prevention Department,
Waterways Management Division, U.S.
Coast Guard; telephone (787) 729–2380,
email carlos.m.ortega-perez@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard lacks sufficient time to provide
for a comment period and then consider
those comments before issuing the rule
since this rule is needed by November
18, 2022. It would be contrary to the
public interest since immediate action is
necessary to protect the safety of the
public, and vessels transiting the waters
of the Bahia de San Juan, PR during the
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port San Juan (COTP) has
determined that potential hazards
associated with the movement and
berthing of oversized cranes by barge on
November 18, 2022, will be a safety
concern for anyone within a 200-yard
radius of the tug MICHELE FOSS and
barge FOSS PREVAILING WIND. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the barge transits inbound
from sea and while berthed alongside
the wharf.
IV. Discussion of the Rule
I. Table of Abbreviations
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planned movement and obstruction
created by oversized cranes.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
minimize the potential safety hazards
associated with the restricted
maneuverability and oversized cargo
being carried by these vessels.
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This rule establishes a temporary
safety zone from November 18, 2022
through November 28, 2022. A moving
and fixed temporary safety zone will be
established for the the tug MICHELE
FOSS and barge FOSS PREVAILING
WIND while they are inside of the Bahia
de San Juan and loaded with large
cranes on deck. While the tug and barge
are underway and laden with cranes,
the temporary safety zone will cover all
navigable waters of Bahia de San Juan
within 200 yards of the tug MICHELE
FOSS and barge FOSS PREVAILING
WIND. The tug and barge are only
expected to be underway for
approximately one hour. There will be
a fixed safety zone within 200 yards of
the tug and barge, while they are
moored, and discharging the cranes to
Puerto Rico Ports Authority (PRPA)
piers M, N and O. This safety zone may
last until November 28, 2022, but it will
not be enforced after the cranes have
been removed from the barge. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by the
movement and obstruction hazard of
two oversized cranes transiting inbound
to PRPA piers M, N and O, through
Bahia de San Juan’s main navigational
channels, and when they are moored to
that facility. No vessel or person will be
permitted to enter the safety zone
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without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location and scope
of the safety zone. The zone is limited
in size, location, and duration as it will
cover all navigable waters of the
Atlantic Ocean and the Bahia de San
Juan within 200 yards of the Tug
(MICHELE FOSS) and Barge (FOSS
PREVAILING WIND) while they are
underway with cranes onboard, and
while they are moored to the PRPA
piers, and discharging their cargo. The
zone is limited in scope as vessel traffic
may be able to safely transit around this
safety zone and vessels may seek
permission from the COTP to enter the
zone. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Safety
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone, for the tug
MICHELE FOSS and barge FOSS
PREVAILING WIND, of which the
moving zone is anticipated to last
approximately one hour and the fixed
zone, up to ten days, that will prohibit
entry within 200 yards of the tug
MICHELE FOSS and barge FOSS
PREVAILING WIND. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Safety measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T07–0926 to read as
follows:
■
§ 165.T07–0926 Safety Zone; Bahia de San
Juan, tug MICHELE FOSS and barge FOSS
PREVAILING WIND, San Juan, PR.
(a) Location. The following is a safety
zone: The moving safety zone will
include all navigable waters of Bahia de
San Juan, within a 200-yard radius of
the tug MICHELE FOSS and barge FOSS
PREVAILING WIND while transiting
Puerto Rico Ports Authority (PRPA)
piers M, N and O, and laden with
oversized cranes. The fixed zone will
include all navigable waters of Bahia de
San Juan, within a 200-yard radius of
the tug MICHELE FOSS and barge FOSS
PREVAILING WIND while moored at
PRPA piers M, N and O, and laden with
oversized cranes.
(b) Definition. The term designated
representative means Coast Guard Patrol
Commanders, including Coast Guard
coxswains, petty officers, and other
officers operating Coast Guard vessels,
and Federal, state, and local officers
designated by or assisting the Captain of
the Port (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) No person or
vessel will be permitted to enter, transit,
anchor, or remain within the safety zone
unless authorized by the COTP San Juan
or a designated representative. If
authorization is granted, persons and/or
vessels receiving such authorization
must comply with the instructions of
the COTP San Juan or designated
representative.
(2) Persons who must notify or
request authorization from the COTP
San Juan may do so by telephone at
(787) 289–2041, or may contact a
designated representative via VHF radio
on channel 16.
(d) Enforcement period. This section
will be enforced from November 18,
2022, through November 28, 2022. The
moving zone will be enforced while the
tug and barge are transiting with the
cranes embarked, and the fixed zone
will be enforced while the tug and barge
are moored at the facility, and the
cranes are onboard.
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Dated: November 18, 2022.
Jose´ E. Dı´az,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Final Regulatory Flexibility Analysis.
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission prepared a Final
Regulatory Flexibility Analysis (FRFA)
of the possible significant economic
impact on small entities of the policies
and rules adopted in the Order, which
was incorporated in the Report and
Order.
[FR Doc. 2022–25730 Filed 11–23–22; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 25
[IB Docket Nos. 20–330; FCC 22–63; FR ID
107242]
Amendment to Enable GSO FixedSatellite Service (Space-to-Earth)
Operations in the 17.3–17.8 GHz Band,
To Modernize Certain Rules Applicable
to 17/24 GHz BSS Space Stations, and
To Establish Off-Axis Uplink Power
Limits for Extended Ka-Band FSS
Operations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC)
adopts amendments to its rules toenable
geostationary satellite orbit (GSO) space
stations in the fixed-satellite service
(FSS) to operate downlinks (space-toEarth) in the 17.3–17.8 GHz frequency
band, subject to certain limitations, and
adopts related technical updates to its
rules governing the FSS and the
Broadcasting-Satellite Service to prevent
harmful interference.
DATES: The amendments are effective
December 27, 2022, except for the
amendments to §§ 25.114 (amendatory
instruction 5), 25.115 (amendatory
instruction 6), 25.117 (amendatory
instruction 7), 25.140 (amendatory
instruction 8), 25.203 (amendatory
instruction 10), and 25.264 (amendatory
instruction 18), which are delayed. The
Commission will publish a document in
the Federal Register announcing the
effective date for those amendments.
FOR FURTHER INFORMATION CONTACT:
Sean O’More, International Bureau,
Satellite Division, 202–418–2453,
sean.omore@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, FCC 22–63, adopted August
3, 2022, and released August 3, 2022.
The full text of the Report and Order is
available at https://www.fcc.gov/edocs/
search-results?t=quick&fccdaNo=22-63.
To request materials in accessible
formats for people with disabilities,
send an email to FCC504@fcc.gov or call
the Consumer & Governmental Affairs
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SUMMARY:
VerDate Sep<11>2014
15:54 Nov 23, 2022
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Congressional Review Act
The Commission will send a copy of
the Report and Order in a report to be
sent to Congress ad the Government
Accountability Office pursuant to the
Congressional Review Act (CRA), see 5
U.S.C. 801(a)(1)(A).
Paperwork Reduction Act
This document contains new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. It will be submitted to the
Office of Management and Budget
(OMB) for review under Section 3507(d)
of the PRA. OMB, the general public,
and other Federal agencies will be
invited to comment on the new or
modified information collection
requirements contained in this
proceeding. In addition, we note that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
we previously sought specific comment
on how the Commission might further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.
Synopsis
I. Introduction
In this final rule, the Commission
permits use of the 17.3–17.7 GHz band
by geostationary satellite orbit (GSO)
space stations in the fixed-satellite
service (FSS) in the space-to-Earth
direction on a co-primary basis with
incumbent services. We also permit
limited GSO FSS (space-to-Earth) use of
the 17.7–17.8 GHz band on an
unprotected basis with respect to fixed
service operations. Permitting use of the
17.3- 17.8 GHz band to include FSS
downlinks increases intensive and
efficient use of the band and provides
additional downlink capacity for highthroughput satellite communications.
With appropriate technical safeguards
established herein, including
coordination requirements, this band
can be shared in an efficient and
effective manner without harmful
interference while alleviating the
growing need for additional Ka-band
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GSO FSS downlink spectrum to support
communications to earth stations, and
further streamline the licensing process
of certain satellite systems. Permitting
use of the 17.3–17.8 GHz band to
include FSS downlinks will create a
contiguous band for FSS (space-toEarth) operations, enabling greater
flexibility and efficiency for advanced
satellite systems operations for the
benefit of American consumer. In this
final rule, we also define an extended
Ka-band in our rules, i.e., the 17.3- 18.3
GHz (space-to-Earth), 18.8–19.4 GHz
(space-to-Earth), 19.6–19.7 GHz (spaceto-Earth), 27.5–28.35 GHz (Earth-tospace) and 28.6–29.1 GHz (Earth-tospace) bands to streamline licensing of
FSS earth stations in a closely
harmonized regulatory framework for all
similar FSS uplink transmissions in the
conventional and extended Ka-bands.
II. Background
The Table of Frequency Allocations is
comprised of the International Table
and the United States Table of
Frequency Allocations (U.S. Table). In
the International Table, the 17.3–17.7
GHz band is allocated, in International
Telecommunication Union (ITU) Region
2, to the fixed-satellite service (FSS)
(Earth-to-space) and to the broadcastingsatellite service (BSS) on a co-primary
basis, as well as to the radiolocation
service on a secondary basis. In the U.S.
Table, the 17.3–17.7 GHz band is
allocated to the FSS (Earth-to-space) and
to the BSS on a co-primary basis and to
the radiolocation services on a
secondary basis. The adjacent 17.7–17.8
GHz band is allocated internationally in
ITU Region 2 to the fixed service, BSS,
and FSS (in both the space-to-Earth and
Earth-to-space directions) on a primary
basis and to the mobile service on a
secondary basis. The 17.7–17.8 GHz
band is allocated to FSS (Earth-to-space)
and to the fixed service on a co-primary
basis in the U.S. Table. Historically, in
the United States, the 17.3–17.8 GHz
band has been used for FSS feeder
uplinks that transmit programming to
Direct Broadcast Satellite (DBS) service
GSO space stations, in addition to
terrestrial fixed service use of the 17.7–
17.8 GHz band. DBS feeder link
operations typically involve the use of
large, high-gain antennas at a limited
number of individually-licensed earth
station locations. The DBS service
satellites then downlink that video
programming directly to consumers in
the 12.2–12.7 GHz band.
In 2007, the Commission adopted
rules for a new service that would use
the 17.3–17.8 GHz band in the space-toEarth direction to provide BSS. This
service, known as the ‘‘17/24 GHz BSS,’’
E:\FR\FM\25NOR1.SGM
25NOR1
]]>Agencies
[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72385-72388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25730]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0926]
RIN 1625-AA00
Safety Zone; Bahia de San Juan, San Juan, PR
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Bahia de San Juan, within a 200-yard radius of the
tug MICHELE FOSS and barge FOSS PREVAILING WIND. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the movement and berthing of two port
[[Page 72386]]
facility cranes transiting inbound to Puerto Rico Ports Authority
(PRPA) piers M, N and O, through Bahia de San Juan's main navigational
channels. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector San
Juan.
DATES: This rule is effective without actual notice from November 25,
2022, until November 28, 2022. For purposes of enforcement, actual
notice will be used from November 18, 2022, until November 25, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0926 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Carlos M. Ortega-Perez, Sector San Juan Prevention
Department, Waterways Management Division, U.S. Coast Guard; telephone
(787) 729-2380, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard lacks sufficient time to provide for a comment period and
then consider those comments before issuing the rule since this rule is
needed by November 18, 2022. It would be contrary to the public
interest since immediate action is necessary to protect the safety of
the public, and vessels transiting the waters of the Bahia de San Juan,
PR during the planned movement and obstruction created by oversized
cranes.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
minimize the potential safety hazards associated with the restricted
maneuverability and oversized cargo being carried by these vessels.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port San Juan (COTP) has determined that
potential hazards associated with the movement and berthing of
oversized cranes by barge on November 18, 2022, will be a safety
concern for anyone within a 200-yard radius of the tug MICHELE FOSS and
barge FOSS PREVAILING WIND. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the barge transits inbound from sea and while berthed
alongside the wharf.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from November 18,
2022 through November 28, 2022. A moving and fixed temporary safety
zone will be established for the the tug MICHELE FOSS and barge FOSS
PREVAILING WIND while they are inside of the Bahia de San Juan and
loaded with large cranes on deck. While the tug and barge are underway
and laden with cranes, the temporary safety zone will cover all
navigable waters of Bahia de San Juan within 200 yards of the tug
MICHELE FOSS and barge FOSS PREVAILING WIND. The tug and barge are only
expected to be underway for approximately one hour. There will be a
fixed safety zone within 200 yards of the tug and barge, while they are
moored, and discharging the cranes to Puerto Rico Ports Authority
(PRPA) piers M, N and O. This safety zone may last until November 28,
2022, but it will not be enforced after the cranes have been removed
from the barge. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the movement and obstruction hazard of two oversized cranes transiting
inbound to PRPA piers M, N and O, through Bahia de San Juan's main
navigational channels, and when they are moored to that facility. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size, location
and scope of the safety zone. The zone is limited in size, location,
and duration as it will cover all navigable waters of the Atlantic
Ocean and the Bahia de San Juan within 200 yards of the Tug (MICHELE
FOSS) and Barge (FOSS PREVAILING WIND) while they are underway with
cranes onboard, and while they are moored to the PRPA piers, and
discharging their cargo. The zone is limited in scope as vessel traffic
may be able to safely transit around this safety zone and vessels may
seek permission from the COTP to enter the zone. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
[[Page 72387]]
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Safety
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone, for the tug MICHELE FOSS and barge FOSS
PREVAILING WIND, of which the moving zone is anticipated to last
approximately one hour and the fixed zone, up to ten days, that will
prohibit entry within 200 yards of the tug MICHELE FOSS and barge FOSS
PREVAILING WIND. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0926 to read as follows:
Sec. 165.T07-0926 Safety Zone; Bahia de San Juan, tug MICHELE FOSS
and barge FOSS PREVAILING WIND, San Juan, PR.
(a) Location. The following is a safety zone: The moving safety
zone will include all navigable waters of Bahia de San Juan, within a
200-yard radius of the tug MICHELE FOSS and barge FOSS PREVAILING WIND
while transiting Puerto Rico Ports Authority (PRPA) piers M, N and O,
and laden with oversized cranes. The fixed zone will include all
navigable waters of Bahia de San Juan, within a 200-yard radius of the
tug MICHELE FOSS and barge FOSS PREVAILING WIND while moored at PRPA
piers M, N and O, and laden with oversized cranes.
(b) Definition. The term designated representative means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the safety zone unless
authorized by the COTP San Juan or a designated representative. If
authorization is granted, persons and/or vessels receiving such
authorization must comply with the instructions of the COTP San Juan or
designated representative.
(2) Persons who must notify or request authorization from the COTP
San Juan may do so by telephone at (787) 289-2041, or may contact a
designated representative via VHF radio on channel 16.
(d) Enforcement period. This section will be enforced from November
18, 2022, through November 28, 2022. The moving zone will be enforced
while the tug and barge are transiting with the cranes embarked, and
the fixed zone will be enforced while the tug and barge are moored at
the facility, and the cranes are onboard.
[[Page 72388]]
Dated: November 18, 2022.
Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2022-25730 Filed 11-23-22; 8:45 am]
BILLING CODE 9110-04-P
