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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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 39749 

CFR 1.05–1. The Captain of the Port 

Ohio Valley (COTP) has determined that 

potential hazards associated with 

Marietta River Front Roar starting July 9, 

2022, will be a safety concern for 

anyone on the Ohio River from mile 

marker 171 to mile marker 173. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the special 

local regulation for the duration of the 

powerboat races. 

IV. Discussion of the Rule 

This rule established a special local 

regulation from 9:30 a.m. through 5 p.m. 

on July 9, 2022, and 9:30 a.m. through 

4 p.m. on July 10, 2022. The special 

local regulation will cover all navigable 

waters between mile markers 171 and 

173 on the Ohio River. The duration of 

the regulated area is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

for the duration of the powerboat races. 

No vessel or person will be permitted to 

enter the regulated area without 

obtaining permission from the 

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 and location of the 

special local regulation. This rule 

involes a special local regulation lasting 

less than a week and covering a limited 

area of 3 nautical miles. In addition, 

vessel traffic will be able to reach out to 

the safety boat to coordinate safe 

passage through the special local 

regulation which will impact a 3 mile 

stretch on the Ohio River. The Coast 

Guard will publish a Local Notice to 

Mariners (LNMs), and issue a Broadcast 

Notice to Mariners (BNMs) via VHF–FM 

marine channel 16 about the regulated 

area. 

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 safety 

zone may be small entities, for the 

reasons stated in section V.A, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

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. 

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 Security 

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 

special local regulation lasting from 9:30 

a.m. through 5 p.m. on July 9, 2022 and 

9:30 a.m. through 4 p.m. on July 10, 

2022 that will limit access of the Ohio 

River from mile marker 171 to mile 

marker 173. It is categorically excluded 

from further review under paragraph 

L61 of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 

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. 


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39750 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0551 to read as 

follows: 

§ 100.T08–0551 Marietta River Front Roar, 

Ohio River, Marietta, OH. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

all navigable waters of the Ohio River 

from mile marker 171 to mile marker 

173 near Marietta Riverfront Park 

Marietta, OH. 

(b) Definitions. As used in this 

section: 

Designated representative means a 

Coast Guard Patrol Commander 

(PATCOM), including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Ohio Valley (COTP) in the 

enforcement of the regulations in this 

section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the race. 

(c) Regulations. (1) The Coast Guard 

may patrol the event area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM.’’ 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Commander, Eighth 

Coast Guard District, to patrol the event. 

(3) Spectator vessels desiring to 

transit the regulated area described in 

paragraph (a) of this section may do so 

only with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a no 

wake speed in a manner which will not 

endanger participants in the event or 

any other craft. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area described in 

paragraph (a) of this section during the 

effective dates and times, unless cleared 

for entry by or through an official patrol 

vessel. 

(5) The Patrol Commander may forbid 

and control the movement of all vessels 

in the regulated area described in 

paragraph (a) of this section. When 

hailed or signaled by an official patrol 

vessel, a vessel shall come to an 

immediate stop and comply with the 

directions given. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both 

(6) Any spectator vessel may anchor 

outside the regulated area described in 

paragraph (a) of this section, but may 

not anchor in, block, or loiter in a 

navigable channel. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM marine radio 

channel 16 or phone at 1–800–253– 

7465. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(9) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement periods. This special 

local regulation will be enforced from 

9:30 a.m. to 5:00 p.m. on July 9, 2022 

and 9:30 a.m. to 4:00 p.m. on July 10, 

2022. 

Dated: June 28, 2022. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Ohio Valley. 

[FR Doc. 2022–14223 Filed 7–1–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2021–0054; EPA–R05– 

OAR–2022–0254; FRL–9686–02–Region 5] 

Air Plan Approval; Indiana; 

Redesignation of the Indiana Portion of 

the Louisville, Indiana-Kentucky Area 

to Attainment of the 2015 Ozone 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the Indiana 

portion of the Louisville, IndianaKentucky area (Area) is attaining the 

2015 primary and secondary ozone 

National Ambient Air Quality Standards 

(NAAQS), and acts in accordance with 

a request from the Indiana Department 

of Environmental Management (IDEM) 

to redesignate the Indiana portion of the 

area to attainment for the 2015 ozone 

NAAQS because the request meets the 

statutory requirements for redesignation 

under the Clean Air Act (CAA). The 

Area includes Clark and Floyd Counties 

in Indiana and Bullitt, Jefferson, and 

Oldham Counties in Kentucky. IDEM 

submitted this request on February 21, 

2022. EPA is approving, as a revision to 

the Indiana State Implementation Plan 

(SIP), the State’s plan for maintaining 

the 2015 ozone NAAQS through 2035 in 

the Indiana portion of the Louisville 

area. EPA also finds adequate and is 

approving Indiana’s 2035 volatile 

organic compound (VOC) and oxides of 

nitrogen (NOX) Motor Vehicle Emission 

Budgets (budgets) for the Indiana 

portion of the Louisville area. Finally, 

EPA is approving portions of a separate 

January 21, 2021, submittal from IDEM 

as meeting the applicable requirements 

for a base year emissions inventory for 

the area and emissions statement 

program for Lake, Porter, Clary, and 

Floyd counties. EPA proposed to 

approve these actions on May 18, 2022, 

and received no adverse comments. 

DATES: This final rule is effective on July 

5, 2022. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID EPA– 

R05–OAR–2020–0054, or EPA–R05– 

OAR–2022–0254. All documents in the 

docket are listed on the 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Andrew 

Lee, Physical Scientist, at (312) 353– 

7645 before visiting the Region 5 office. 


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