39746 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

VORTAC and the Samsville, IL, VOR/ 

DME is removed. Additionally, the 

exclusions regarding the airspace within 

R–4001B, R–5002A, R–5002B, and R– 

5002E when active, and the airspace 

within the V–139 and V–308 airways 

are removed as well. The unaffected 

portions of the existing airway remain 

as charted. 

V–446: V–446 extends between the 

Troy, IL, VORTAC and the Samsville, 

IL, VOR/DME. The airway is removed in 

its entirety. 

All NAVAID radials listed in the VOR 

Federal airway description below are 

unchanged and stated in True degrees. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of amending VOR Federal airway 

V–44 and revoking VOR Federal airway 

V–446, due to the planned 

decommissioning of the VOR portion of 

the Samsville, IL, VOR/DME NAVAID, 

qualifies for categorical exclusion under 

the National Environmental Policy Act 

(42 U.S.C. 4321 et seq.) and its 

implementing regulations at 40 CFR part 

1500, and in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 5– 

6.5a, which categorically excludes from 

further environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. The FAA has 

determined that no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

study. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–44 [Amended] 

From Columbia, MO; INT Columbia 131° 

and Foristell, MO, 262° radials; Foristell; to 

Centralia, IL. From Falmouth, KY; York, KY; 

Parkersburg, WV; Morgantown, WV; 

Martinsburg, WV; INT Martinsburg 094° and 

Baltimore, MD, 300° radials; Baltimore; INT 

Baltimore 122° and Sea Isle, NJ, 267° radials; 

Sea Isle; INT Sea Isle 040° and Deer Park, NY, 

209° radials; Deer Park; INT Deer Park 041° 

and Bridgeport, CT, 133° radials; Bridgeport; 

INT Bridgeport 324° and Pawling, NY, 160° 

radials; Pawling; INT Pawling 342° and 

Albany, NY, 181° radials; to Albany. The 

airspace below 2,000 feet MSL outside the 

United States is excluded. 

* * * * * 

V–446 [Removed] 

* * * * * 

Issued in Washington, DC, on June 23, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–14199 Filed 7–1–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 77 

[Docket No. FAA–2004–16982; Notice No. 

07–16] 

Colo Void Clause Coalition; Antenna 

Systems Co-Location; Voluntary Best 

Practices 

AGENCY: Federal Aviation 

Administration (FAA); Department of 

Transportation (DOT): 

ACTION: Notification of amended policy. 

SUMMARY: The FAA announces an 

amendment to its Colo Void policy. The 

FAA last revised its policy regarding the 

notification requirements and processes 

for evaluation of potential 

electromagnetic interference (EMI) for 

co-location of antenna systems on 

existing structures previously studied 

by the FAA on November 21, 2007. 

Based on an August 4, 2020 request 

from the Colo Void Clause Coalition 

(CVCC), the FAA finds that further 

modifications to this policy are 

necessary and appropriate. The FAA 

will add additional frequencies to the 

list of those not requiring notice to the 

FAA when added to an existing 

structure with a current No Hazard 

Determination. 

DATES: This policy is effective 

September 6, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to the Colo 

Void policy, please contact the 

Spectrum Engineering Group, 202–267– 

7365. 

SUPPLEMENTARY INFORMATION: 

Background 

Prior to April 2004, when the FAA 

issued a Determination of No Hazard to 

Air Navigation for proposed 

construction or alteration of an antenna 

structure, the Determination included 

the following condition: ‘‘This 

determination is based, in part, on the 

foregoing description which includes 

specific coordinates, heights, 

frequency(ies) and power. Any changes 

in coordinates, heights, frequency(ies) 

or use of greater power will void this 

determination. Any future construction 

or alteration, including an increase in 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 39747 

1The CVCC represents wireless service providers 

and tower companies that together currently own or 

manage the majority of the radio towers throughout 

the United States. 

2Condition 2—If an antenna system, operating in 

the designated frequency bands, causes EMI to one 

or more FAA facilities, the FAA will contact the 

proponent. The proponent must mitigate the EMI in 

a timely manner, as recommended by the FAA in 

each particular case. Depending upon the severity 

of the interference, the proponent must eliminate 

harmful EMI either by adjusting operating 

parameters, (for example, employing extra filtering 

or reducing effective radiated power), or by ceasing 

transmissions, as may be required by the FCC and 

the FAA. Failure to provide successful EMI 

mitigation techniques will result in referral to the 

FCC’s Enforcement Bureau for possible enforcement 

action. (69 FR 22732; April 27, 2004). 

3AT&T, a member of the CVCC, separately 

requested the addition of the 3.45 GHz band. 

4This citation changed when the FAA amended 

part 77 in 2010 from § 77.13 to § 77.9. 

heights, power, or the addition of other 

transmitters requires separate notice to 

the FAA.’’ As a result of this condition, 

a proponent seeking only to add 

frequencies to a previously studied 

structure for which the FAA had issued 

a Determination of No Hazard was 

required to file notice with the FAA. 

They had to file the notice on FAA 

Form 7460–1 in accordance with the 

previously discussed condition. 

On April 27, 2004, the FAA published 

a revised policy regarding the 

notification requirements for co-locating 

antenna systems on existing structures 

previously studied by the FAA (69 FR 

22732). The revised policy was based on 

a Best Practices Agreement 

recommended by the Colo Void Clause 

Coalition (CVCC).1 Under this revised 

policy, a proponent was not required to 

file notices with the FAA for an 

aeronautical study to add certain 

frequencies to an existing structure that 

FAA issued a current Determination of 

No Hazard to Air Navigation. 

In February 2006, the CVCC asked the 

FAA to consider amending its policy to 

include additional frequency bands. The 

CVCC also sought clarification of the 

condition in the 2004 policy requiring 

proponents to provide the FAA with an 

electronic copy of its antenna system 

location databases. On November 21, 

2007, the FAA further amended the 

policy to add the requested frequencies 

(72 FR 65449). FAA also withdrew the 

condition requiring proponents to 

provide electronic copies of antenna 

system location databases because any 

unintentional electromagnetic 

interference resulting under the policy 

can be mitigated by condition 2 of the 

policy.2

On August 4, 2020, the CVCC 

requested that the FAA consider 

amending the November 21, 2007 policy 

by including additional frequency bands 

not requiring notice to the FAA when 

co-located with previously studied 

structures with No Hazard 

determinations. The frequencies are 

those that the Federal Communications 

Commission (FCC) has authorized for 

use by wireless companies.3 The FCC 

reviewed the bands and associated 

technical rules to ensure their use of the 

bands would not cause harmful effects 

to other users operating in the same 

bands. Furthermore, many of these 

commercial radio frequency systems use 

technology that are industry and 

federally approved. The FAA agrees 

with the FCC’s evaluation, and after 

careful review and coordination, has 

determined that it can include most of 

the requested additional frequencies by 

amending the current Colo Void policy. 

These additional frequencies will 

promote telecommunication and 

wireless services, while not negatively 

impacting either the safety or efficiency 

of civil flight. 

Policy 

The FAA recognizes the 

telecommunications industry’s need 

and commitment to provide wireless 

services to the public. Also, the FAA 

recognizes that it is essential for these 

companies to speed up the time frame 

for build-out and deployment of their 

networks. However, the FAA’s first 

commitment is to aviation safety. For 

that reason, the FAA finds that it can 

amend its policy to add most, but not 

all, of the frequencies requested by the 

CVCC. As has been the case with 

previous policy updates, the express 

notice requirements under part 77 of 

Title 14 Code of Federal Regulations 

(CFR) are not altered or modified. If the 

addition of frequencies is accompanied 

by an increase in the height of a 

previously studied structure, notice 

must be filed with the FAA as required 

by 14 CFR 77.9.4 Physical structures 

located on or near public use and other 

types of landing facilities defined in 14 

CFR 77.9(d) raise concerns about 

possible obstruction to air navigation, 

and the FAA will handle these issues 

pursuant to current regulations and 

procedures. 

Under this policy, a proponent is not 

required to file notice with the FAA to 

add frequencies to an existing structure 

that either has a current FAA issued 

Determination of No Hazard to Air 

Navigation or otherwise does not meet 

notice criteria if the frequency is listed 

in this policy. If an additional antenna 

system must be used to add frequencies, 

the antenna system must not be located 

on Federal or public use landing 

facilities property. 

Furthermore, the antenna system 

must not be co-located or mounted on 

an FAA antenna structure without prior 

coordination with the FAA’s Spectrum 

Engineering Group. This policy to not 

require notice only applies to antenna 

systems operating on the following 

frequencies and service types, as 

dictated by various parts of 47 CFR. 

FAA is updating the policy to include 

additional frequencies. In some 

instances, the frequencies added by this 

notice are subject to designated power 

and bandwidth limitations. These 

limitations are specified where 

applicable. The new frequencies are 

designated with an asterisk. 

• 698–806 MHz (Advanced Wireless 

Service—Part 27). 

• 806–821 MHz and 851–866 MHz 

(Industrial/Business/Specialized Mobile 

Radio Pool—Part 90). 

• 816–820 MHz and 861–865 MHz 

(Basic Exchange Telephone Radio— 

Parts 1 and 22). 

• 821–824 MHz and 866–869 MHz 

(Public Safety Mobile Radio Pool—Part 

90). 

• 824–849 MHz and 869–894 MHz 

(Cellular Radiotelephone—Parts 1 and 

22). 

• 849–851 MHz and 894–896 MHz 

(Air-Ground Radiotelephone—Parts 1). 

• 896–901 MHz and 935–940 MHz 

(900 MHz SMR—Part 90). 

• 901–902 MHz and 930–931 MHz 

(Narrowband PCS—Part 24). 

• 929–930 MHz, 931–932 MHz, and 

940–941 MHz (Paging—Parts 1, 22, and 

90). 

• 1670–1675 MHz (Wireless 

Communications Service—Part 27). 

• * 1695–1710 MHz, 1755–1780 

MHz, and 2155–2180 MHz (Advanced 

Wireless Service—Part 27; 3280 Watts 

effective isotropic radiated power 

(EIRP), No bandwidth limitations; 

largest spectrum block is 20 MHz). 

• 1710–1755 MHz, 2020–2025 MHz, 

and 2110–2180 MHz (Advanced 

Wireless Service—Part 27). 

• 1850–1990 MHz (Broadband PCS— 

Part 24, Point-to-Point Microwave—Part 

101). 

• 1990–2000 MHz (Broadband PCS— 

Part 24). 

• 2000–2020 MHz and 2180–2200 

MHz (Mobile Satellite Service—Part 25). 

• 2305–2320 MHz and 2345–2360 

MHz (Wireless Communications Service 

(WCS)—Part 27). 

• 2320–2345 MHz (Satellite Digital 

Audio Radio Service—Part 27). 

• 2496–2690 MHz (Broadband Radio 

Service—Part 27). 

• * 3.45 GHz (3450–3550 MHz 

Miscellaneous Wireless 

Communications Services—Part 27, 

3280 watts/MHz EIRP, 20 MHz). 


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39748 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

• * 3.5 GHz (3550–3700 MHz Citizens 

Broadband Radio Service—Part 96; 47 

dBm/10 MHz EIRP, 10 MHz). 

• * 5.9 GHz (5850–5925 MHz 

Dedicated Short-Range Communications 

Service—Part 90; 33 Watts EIRP and 

higher power level limited to state and 

local governmental entities). 

• 6.0–7.0 GHz, 10.0–11.7 GHz, 17.7– 

19.7 GHz, and 21.2–23.6 GHz (Fixed 

Microwave Service—Part 101). 

• * 12 GHz (12200–12700 MHz 

Multichannel Video Distribution & Data 

Service—Part 101; +50 dBW EIRP, 500 

MHz). 

• * 24 GHz (24250–24450 MHz and 

24750–25250 MHz Upper Microwave 

Flexible Use Service—Part 30; +75 

dBm/100 MHz EIRP, 200 MHz/500 

MHz). 

• * 28 GHz (27500–28350 MHz Upper 

Microwave Flexible Use Service—Part 

30; +75 dBm/100 MHz EIRP (mobile 

base stations), +85 dBm/100 MHz EIRP 

(fixed directional antenna stations), 850 

MHz). 

• * 29 GHz and 31 GHz (29100–29250 

MHz and 31000–31300 MHz, 23 dBW/ 

MHz EIRP (Point-to-Point Operations), 

150 MHz). 

• * 37 GHz (37000–38600 MHz Upper 

Microwave Flexible Use Service—Part 

30; +75 dBm/100 MHz EIRP (mobile 

base stations), +85 dBm/100 MHz EIRP 

(fixed directional antenna stations), 200 

MHz). 

• * 39 GHz (38600–40000 MHz Upper 

Microwave Flexible Use Service—Part 

30; +75 dBm/100 MHz EIRP (mobile 

base stations), +85 dBm/100 MHz EIRP 

(fixed directional antenna stations), 200 

MHz). 

• * 47 GHz (47200–48200 MHz, 

Upper Microwave Flexible Use 

Service—Part 30; +75 dBm/100 MHz 

EIRP, 100 MHz). 

• * 70 GHz (71000–76000 MHz 

Millimeter Wave Service—Part 101; +55 

dBW EIRP, 5,000 MHz). 

• * 80 GHz (81000–86000 MHz 

Millimeter Wave Service—Part 101; +55 

dBW EIRP, 5,000 MHz). 

• * 90 GHz (92000–94000 MHz and 

94100–95000 MHz Millimeter Wave 

Service—Part 101; +55 dBW EIRP, 2,900 

MHz). 

In addition, the following conditions 

also apply to this Colo Void policy. 

First, if an antenna system, operating in 

the designated frequency bands, causes 

EMI to air navigation, including 

communication facilities and aviation 

radio frequency services, the FAA will 

contact the proponent. The proponents 

must mitigate the EMI in a timely 

manner, as recommended by the FAA in 

each particular case. Depending on the 

severity of the interference, the 

proponent must eliminate harmful EMI 

either by adjusting operating parameters 

(for example, employing extra filtering 

or reducing effective radiated power), or 

by ceasing transmissions, as may be 

required by the FCC and the FAA. 

Failure to provide successful EMI 

mitigation techniques will result in 

referral to the FCC’s Enforcement 

Bureau for possible enforcement action. 

Second, this policy only applies to 

current technologies and modulation 

techniques (for example, analog, time 

division multiple access, and Global 

System Mobile Communications) 

existing in the wireless radiotelephone 

environment on the date of issuance of 

this policy. Any future technologies 

placed into commercial service by 

wireless service providers, although 

operating on the frequencies mentioned 

above, must provide notification to the 

FAA under 14 CFR part 77 procedures. 

As has been the case with previous 

policy updates, the FAA will continue 

to revise the conditional language in 

future cases involving Determination of 

No Hazard to Air Navigation to reflect 

this policy. Furthermore, this policy 

applies retroactively to any structure for 

which the FAA has issued a 

Determination of No Hazard to Air 

Navigation. 

Issued in Washington, DC, on June 29, 

2022. 

Jeffrey Planty, 

Vice President, Technical Operations 

Services, Air Traffic Organization. 

[FR Doc. 2022–14306 Filed 6–30–22; 11:15 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0551] 

RIN 1625–AA08 

Special Local Regulation; Ohio River, 

Marietta, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for all navigable waters of the Ohio 

River between mile markers 171 and 

173. The special local regulation is 

needed to protect regatta participants, 

the public, and the marine environment 

from potential hazard created by 

powerboat races. This special local 

regulation establishes a Patrol 

Commander and restricts movement and 

anchoring of spectator and nonparticipant vessels during the time of 

the event. 

DATES: This rule is effective from 9:30 

a.m. on July 9, 2022 through 4 p.m. on 

July 10, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0551 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 MST2 Justin Selan, Marine Safety 

Unit Huntington, U.S. Coast Guard; 

(304) 733–0198, Justin.K.Selan@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 

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 we 

must establish the special local 

regulation by July 9, 2022 and lack 

sufficient time to request public 

comments and respond to these 

comments before the special local 

regulation must be established. 

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 contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

Marietta River Front Roar taking place 

on the Ohio River between mile marker 

171 and mile marker 173. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041; 33 


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