Electric Program Streamlining and Improvement, 10237-10238 [2023-03418]
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10237
Rules and Regulations
Federal Register
Vol. 88, No. 33
Friday, February 17, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
EXECUTIVE OFFICE OF THE
PRESIDENT
Office of the Intellectual Property
Enforcement Coordinator
5 CFR Chapter CIV
RIN 0355–AA00
Freedom of Information Act and the
Privacy Act
Correction
In rule document 2023–02552,
appearing on pages 8207–8217, in the
issue of Wednesday, February 8, 2023,
make the following correction:
■ On page 8208, in the third column, in
the 16th–21st lines from the bottom of
the page, the words of issuance and
chapter heading are corrected to read as
set forth below:
For the reasons stated in the
preamble, the Office of the Intellectual
Property Enforcement Coordinator is
establishing chapter CIV, consisting of
part 10400, in title 5 of the Code of
Federal Regulations to read as follows:
Chapter CIV—Office of the Intellectual
Property Enforcement Coordinator
[FR Doc. C1–2023–02552 Filed 2–16–23; 8:45 am]
BILLING CODE 0099–10–D
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1710, 1714, 1717, 1724,
and 1730
[Docket No. RUS–22–Electric–0031]
lotter on DSK11XQN23PROD with RULES1
RIN 0572–AC57
Electric Program Streamlining and
Improvement
Rural Utilities, USDA.
Final rule; confirmation and
response to comment.
AGENCY:
ACTION:
VerDate Sep<11>2014
15:40 Feb 16, 2023
Jkt 259001
The Rural Utilities Service
(RUS or Agency), an agency in the
United States Department of Agriculture
(USDA) Rural Development Mission
area, published a final rule with
comment in the Federal Register on
November 30, 2022, to revise several
regulations to streamline procedures for
Electric Program borrowers, including
its loan application requirements,
approval of work plans and load
forecasts, use of approved contracts and
system design procedures and reporting
requirements. Through this action, RUS
is confirming the final rule as it was
published and providing a response to
the public comment received.
DATES: The final rule published
November 30, 2022, at 87 FR 73433, is
confirmed as of February 28, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Coates, Branch Chief, Policy and
Outreach Branch, Office of Customer
Service and Technical Assistance, Rural
Utilities Service; U.S. Department of
Agriculture; Stop 1569, 1400
Independence Avenue SW, Washington,
DC 20250–0787; telephone (202) 720–
1900, email RUSElectric@usda.gov.
Persons with disabilities or who require
alternative means for communication
should contact the USDA Target Center
at (202) 720–2600.
SUPPLEMENTARY INFORMATION: Rural
Development is a mission area within
the U.S. Department of Agriculture
(USDA) comprising the Rural Utilities
Service, Rural Housing Service, and
Rural Business-Cooperative Service.
Rural Development’s mission is to
increase economic opportunity and
improve the quality of life for all rural
Americans. Rural Development meets
its mission by providing loans, loan
guarantees, grants, and technical
assistance through numerous programs
aimed at creating and improving
housing, business, and infrastructure
throughout rural America.
The RUS Electric Program loans, loan
guarantees and grants finance the
construction and improvement of rural
electric infrastructure. In an effort by the
RUS Electric Program to administer its
program in an efficient and effective
manner while improving its customer
service and experience, and in response
to requests from the RUS Electric
Program borrowers, the Electric Program
undertook a systematic review of
regulations and procedures in place to
administer its program. In addition to
SUMMARY:
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Frm 00001
Fmt 4700
Sfmt 4700
the final rule, the Electric Program has
completed two other streamlining
efforts to date.
The final rule that published
November 30, 2022 (87 FR 73433),
included a 60-day comment period that
ended on January 30, 2023. The Agency
received one set of comments from the
Osage Nation Historic Preservation
Office (ONHPO).
The Agency appreciates the
comments from the ONHPO. The
Agency concurs that the term tribal
areas should be more clearly defined.
The intent of the additional language is
to ensure that non-Tribal borrowers
obtain consent of the Tribe, when
proposing a service territory that
includes an area over which a Tribal
government has regulatory authority,
similar to the consent and permits
required to build infrastructure in other
jurisdictions. Additionally, borrowers
must comply with Tribal law when
operating in tribal areas where Tribes
have regulatory authority.
The Agency agrees it is appropriate to
consult with Tribes on such a definition
and will do so to determine the optimal
policy mechanism to define tribal areas
and how to incorporate the definition
into its policies and practices at a later
date. Applicants, borrowers, and Tribes
are encouraged to contact RUS for any
needed clarification.
The crux of the additional comments
from ONHPO were focused on
compliance with the National Historic
Preservation Act, the National
Environmental Policy Act, the Native
American Graves Protection and
Repatriation Act, the Archaeological
Resource Protection Act, the American
Indian Religious Freedom Act, and
Executive Order 13007, ‘‘Indian Sacred
Sites.’’ Nothing in the rule amends or
alters the Agency’s regulatory and
administrative requirements of this
program under the cited Statutes and
Executive order, including the National
Historic Preservation Act and associated
implementing regulations.
The Agency appreciates the
suggestion that it meet with Tribal
Historic Preservation Departments in
2023. The Agency welcomes ongoing
input from Tribal Historic Preservation
Officers and the National Association of
Tribal Historic Preservation Officers
regarding its ongoing responsibilities
under the National Historic Preservation
Act.
E:\FR\FM\17FER1.SGM
17FER1
10238
Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Rules and Regulations
Again, RUS appreciates and has
considered the comments from the
ONHPO on the final rule. Due to the
responses detailed above the Agency
confirms the final rule without change.
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Andrew Berke,
Administrator, Rural Utilities Service.
On August 11, 2022, The San Diego
Fleet Week Foundation notified the
Coast Guard that it will be hosting the
San Diego Fleet Week Veterans Day Boat
Parade annually on a single day during
the month of November. The regulated
area would cover all navigable waters of
San Diego Bay, beginning at Shelter
Island, proceeding northeast to Harbor
Island, proceeding southeast along the
shoreline to Tenth Avenue Marine
Terminal, crossing the Federal navigable
channel prior to the Coronado Bridge,
then northwest along the shoreline of
Coronado Island to the Coronado Ferry
Landing.
In response, on August 31, 2022, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Special Local Regulation; San Diego
Fleet Week Veterans Day Boat Parade;
San Diego Bay, San Diego, CA’’ (87 FR
53700). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this annual marine event. During the
comment period that ended October 3,
2022, we received zero comments.
The event is expected to draw a high
concentration of vessels to the San
Diego Bay area along the proposed
parade route. Traditionally, the San
Diego Bay area serves as a major
thoroughfare for commercial traffic,
naval operations, ferry routes, and a
number of other recreational uses. The
Coast Guard is establishing this special
local regulation to minimize impacts on
this congested waterway. This
regulation is necessary to ensure the
safety of individuals, property, and the
marine environment on the navigable
waters of San Diego Bay during this
event.
[FR Doc. 2023–03418 Filed 2–16–23; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2022–0698]
RIN 1625–AA08
Special Local Regulation; San Diego
Fleet Week Veterans Day Boat Parade;
San Diego Bay, San Diego, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
its special local regulations for recurring
marine parades, regattas, and other
events in Southern California Annual
Marine Events for the San Diego Captain
of the Port Zone. This final rule will add
one new recurring special local
regulation for the San Diego Fleet Week
Veterans Day Boat Parade. This action is
necessary to provide for the safety of life
on the navigable waters during the
annual event, and will restrict vessel
traffic in the designated areas during the
event unless authorized by the Captain
of the Port Sector San Diego or a
designated representative.
DATES: This rule is effective March 20,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0698 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this
rulemaking, call or email Lieutenant
Junior Grade Shera Kim, Waterways
Management, U.S. Coast Guard;
telephone 619–278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
VerDate Sep<11>2014
15:40 Feb 16, 2023
Jkt 259001
II. Background Information and
Regulatory History
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1231). The
Captain of the Port Sector San Diego
(COTP) has determined that potential
hazards associated with the San Diego
Fleet Week Veterans Day Boat Parade
annually on a weekend during the
month of November will present a safety
of life concern on navigable waters. The
purpose of this rule is to ensure safety
of life on the navigable waters in the
safety zone before, during, and after the
scheduled event.
For the reasons stated above, we are
issuing this rule.
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Sfmt 4700
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 31, 2022. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local
regulation annually on a weekend in
November. The special local regulation
will cover all navigable waters of San
Diego Bay, beginning at Shelter Island,
proceeding northeast to Harbor Island,
proceeding southeast along the
shoreline to Tenth Avenue Marine
Terminal, crossing the Federal navigable
channel prior to the Coronado Bridge,
then northwest along the shoreline of
Coronado Island to the Coronado Ferry
Landing. No vessel or person will be
permitted to enter the special local
regulation 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
duration of the special local regulation.
Vessel traffic would be able to safely
transit around this special local
regulation, which would impact a smalldesignated area of the San Diego Bay.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
areas, and the rule would allow vessels
to seek permission to enter the areas.
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
E:\FR\FM\17FER1.SGM
17FER1
]]>Agencies
[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Rules and Regulations]
[Pages 10237-10238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03418]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1710, 1714, 1717, 1724, and 1730
[Docket No. RUS-22-Electric-0031]
RIN 0572-AC57
Electric Program Streamlining and Improvement
AGENCY: Rural Utilities, USDA.
ACTION: Final rule; confirmation and response to comment.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS or Agency), an agency in the
United States Department of Agriculture (USDA) Rural Development
Mission area, published a final rule with comment in the Federal
Register on November 30, 2022, to revise several regulations to
streamline procedures for Electric Program borrowers, including its
loan application requirements, approval of work plans and load
forecasts, use of approved contracts and system design procedures and
reporting requirements. Through this action, RUS is confirming the
final rule as it was published and providing a response to the public
comment received.
DATES: The final rule published November 30, 2022, at 87 FR 73433, is
confirmed as of February 28, 2023.
FOR FURTHER INFORMATION CONTACT: Robert Coates, Branch Chief, Policy
and Outreach Branch, Office of Customer Service and Technical
Assistance, Rural Utilities Service; U.S. Department of Agriculture;
Stop 1569, 1400 Independence Avenue SW, Washington, DC 20250-0787;
telephone (202) 720-1900, email [email protected]. Persons with
disabilities or who require alternative means for communication should
contact the USDA Target Center at (202) 720-2600.
SUPPLEMENTARY INFORMATION: Rural Development is a mission area within
the U.S. Department of Agriculture (USDA) comprising the Rural
Utilities Service, Rural Housing Service, and Rural Business-
Cooperative Service. Rural Development's mission is to increase
economic opportunity and improve the quality of life for all rural
Americans. Rural Development meets its mission by providing loans, loan
guarantees, grants, and technical assistance through numerous programs
aimed at creating and improving housing, business, and infrastructure
throughout rural America.
The RUS Electric Program loans, loan guarantees and grants finance
the construction and improvement of rural electric infrastructure. In
an effort by the RUS Electric Program to administer its program in an
efficient and effective manner while improving its customer service and
experience, and in response to requests from the RUS Electric Program
borrowers, the Electric Program undertook a systematic review of
regulations and procedures in place to administer its program. In
addition to the final rule, the Electric Program has completed two
other streamlining efforts to date.
The final rule that published November 30, 2022 (87 FR 73433),
included a 60-day comment period that ended on January 30, 2023. The
Agency received one set of comments from the Osage Nation Historic
Preservation Office (ONHPO).
The Agency appreciates the comments from the ONHPO. The Agency
concurs that the term tribal areas should be more clearly defined. The
intent of the additional language is to ensure that non-Tribal
borrowers obtain consent of the Tribe, when proposing a service
territory that includes an area over which a Tribal government has
regulatory authority, similar to the consent and permits required to
build infrastructure in other jurisdictions. Additionally, borrowers
must comply with Tribal law when operating in tribal areas where Tribes
have regulatory authority.
The Agency agrees it is appropriate to consult with Tribes on such
a definition and will do so to determine the optimal policy mechanism
to define tribal areas and how to incorporate the definition into its
policies and practices at a later date. Applicants, borrowers, and
Tribes are encouraged to contact RUS for any needed clarification.
The crux of the additional comments from ONHPO were focused on
compliance with the National Historic Preservation Act, the National
Environmental Policy Act, the Native American Graves Protection and
Repatriation Act, the Archaeological Resource Protection Act, the
American Indian Religious Freedom Act, and Executive Order 13007,
``Indian Sacred Sites.'' Nothing in the rule amends or alters the
Agency's regulatory and administrative requirements of this program
under the cited Statutes and Executive order, including the National
Historic Preservation Act and associated implementing regulations.
The Agency appreciates the suggestion that it meet with Tribal
Historic Preservation Departments in 2023. The Agency welcomes ongoing
input from Tribal Historic Preservation Officers and the National
Association of Tribal Historic Preservation Officers regarding its
ongoing responsibilities under the National Historic Preservation Act.
[[Page 10238]]
Again, RUS appreciates and has considered the comments from the
ONHPO on the final rule. Due to the responses detailed above the Agency
confirms the final rule without change.
Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2023-03418 Filed 2-16-23; 8:45 am]
BILLING CODE 3410-15-P
