Security Zone; Grounded Tug and Barge, Deerfield Beach, FL, 7382-7384 [2022-02743]
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations
pursuant to this order solely because it is
owned in whole or in part, directly or
indirectly, by one or more sanctioned
persons, unless the entity is itself a
sanctioned person and the sanctions in
section 2(a)(i)(A) of this order are imposed on
the entity.
Sec. 3. The prohibitions in section 2(a) of
this order include:
(a) The making of any contribution or
provision of funds, goods, or services by, to,
or for the benefit of any person whose
property and interests in property are
blocked pursuant to this order; and
(b) the receipt of any contribution or
provision of funds, goods, or services from
any such person.
Sec. 4. (a) The unrestricted immigrant and
nonimmigrant entry into the United States of
noncitizens determined to meet one or more
of the criteria in section l of this order, and
for whom the sanctions described in section
2(a)(i)(A) or section 2(a)(ii)(B) of this order
have been selected, would be detrimental to
the interests of the United States, and the
entry of such persons into the United States,
as immigrants or nonimmigrants, is hereby
suspended, except when the Secretary of
State or the Secretary of Homeland Security,
as appropriate, determines that the person’s
entry would not be contrary to the interests
of the United States, including when the
Secretary of State or the Secretary of
Homeland Security, as appropriate, so
determines, based on a recommendation of
the Attorney General, that the person’s entry
would further important United States law
enforcement objectives.
(b) The Secretary of State shall implement
this order as it applies to visas pursuant to
such procedures as the Secretary of State, in
consultation with the Secretary of Homeland
Security, may establish.
(c) The Secretary of Homeland Security
shall implement this order as it applies to the
entry of noncitizens pursuant to such
procedures as the Secretary of Homeland
Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this
section in the same manner as persons
covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens
Subject to United Nations Security Council
Travel Bans and International Emergency
Economic Powers Act Sanctions).
Sec. 5. (a) Any transaction that evades or
avoids, has the purpose of evading or
avoiding, causes a violation of, or attempts to
violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any
of the prohibitions set forth in this order is
prohibited.
Sec. 6. I hereby determine that the making
of donations of the types of articles specified
in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any
person whose property and interests in
property are blocked pursuant to this order
would seriously impair my ability to deal
with the national emergency declared in this
order, and I hereby prohibit such donations
as provided by section 2 of this order.
Sec. 7. For the purposes of this order:
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(a) The term ‘‘entity’’ means a partnership,
association, trust, joint venture, corporation,
group, subgroup, or other organization;
(b) the term ‘‘Government of Ethiopia’’
means the Government of Ethiopia, any
political subdivision, agency, or
instrumentality thereof, including the
National Bank of Ethiopia, and any person
owned, controlled, or directed by, or acting
for or on behalf of, the Government of
Ethiopia;
(c) the term ‘‘Government of Eritrea’’
means the Government of Eritrea, any
political subdivision, agency, or
instrumentality thereof, including the Bank
of Eritrea, and any person owned, controlled,
or directed by, or acting for or on behalf of,
the Government of Eritrea;
(d) the term ‘‘noncitizen’’ means any
person who is not a citizen or noncitizen
national of the United States;
(e) the term ‘‘person’’ means an individual
or entity;
(f) the term ‘‘sanctioned person’’ means a
foreign person that the Secretary of the
Treasury, in consultation with the Secretary
of State, has determined meets any of the
criteria described in section 1 of this order
and has selected, in consultation with the
Secretary of State, one or more of the
sanctions set forth in section 2(a) of this
order to impose on that foreign person; and
(g) the term ‘‘United States person’’ means
any United States citizen, lawful permanent
resident, entity organized under the laws of
the United States or any jurisdiction within
the United States (including foreign
branches), or any person in the United States.
Sec. 8. For those persons whose property
and interests in property are blocked or
affected by this order who might have a
constitutional presence in the United States,
I find that because of the ability to transfer
funds and other assets instantaneously, prior
notice to such persons of measures to be
taken pursuant to this order would render
those measures ineffectual. I therefore
determine that for these measures to be
effective in addressing the national
emergency declared in this order, there need
be no prior notice of a listing or
determination made pursuant to section 1 of
this order.
Sec. 9. The Secretary of the Treasury, in
consultation with the Secretary of State, is
authorized to take such actions, including the
promulgation of rules and regulations, and to
employ all powers granted to the President
by IEEPA as may be necessary to carry out
the purposes of this order. The Secretary of
the Treasury may, consistent with applicable
law, redelegate any of these functions within
the Department of the Treasury. All executive
departments and agencies of the United
States shall take all appropriate measures
within their authority to implement this
order.
Sec. 10. Nothing in this order shall prohibit
transactions for the conduct of the official
business of the Federal Government by
employees, grantees, and contractors thereof.
Sec. 11. The Secretary of the Treasury, in
consultation with the Secretary of State, is
authorized to submit recurring and final
reports to the Congress on the national
emergency declared in this order, consistent
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with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50
U.S.C. 1703(c)).
Sec. 12. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) The authority granted by law to an
executive department or agency, or the head
thereof; or
(ii) the functions of the Director of the
Office of Management and Budget relating to
budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented
consistent with applicable law and subject to
the availability of appropriations.
(c) This order is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by
any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
September 17, 2021.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–02722 Filed 2–8–22; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0074]
RIN 1625–AA87
Security Zone; Grounded Tug and
Barge, Deerfield Beach, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary security zone
for certain navigable waters of the
Atlantic Ocean within a 1000 yard
radius of a grounded tug and barge, the
SEA EAGLE, on Deerfield Beach
containing a cargo of national security
interest. This action is necessary to
protect the cargo and surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
events of a similar nature. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) Miami.
DATES: This rule is effective without
actual notice from February 9, 2022,
through 11:00 a.m. on February 11,
2022. For the purposes of enforcement,
actual notice will be used from 12:00
p.m. on February 4, 2022, until February
9, 2022.
SUMMARY:
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0074 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 Omar Beceiro, Waterways
Management Division, U.S. Coast
Guard; telephone: (305) 535–4317,
email: Omar.Beceiro@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
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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
immediate action is needed to protect a
cargo of national security interest, on
board the grounded barge. This vessel
ran aground in the early morning hours
of February 4, 2022, and immediate
action is needed to protect the vessel,
it’s cargo, response personnel, and the
waterway. It would be impracticable to
publish an NPRM because we must
establish this security zone by February
4, 2022.
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
protect the cargo of national security
interest, the vessel, response personnel,
and the waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP Miami has determined a cargo of
national security interest is on board the
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grounded tug and barge, and the cargo
presents a potential target for terrorist
acts, sabotage, or other subversive acts,
accidents, or other causes of a similar
nature. This security zone is needed to
protect the cargo of national security
interest, response personnel, the vessel,
and the surrounding waterway, until the
tug and barge is refloated or cargo
removed.
IV. Discussion of the Rule
This rule establishes a security zone
from 12:00 p.m. on February 4, 2022 to
11:00 a.m. on February 11, 2022. The
security zone will cover all navigable
waters of the Atlantic Ocean within
1000 yards of the grounded tug and
barge. The duration of the zone is
intended to protect a cargo of national
security interest, response personnel,
the vessel, and surrounding waterway
until the brage is refloated or cargo
removed. No vessel or person will be
permitted to enter the security 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, duration,
and scope of the security zone. The zone
is limited in size, location, and duration
as it will cover all navigable waters of
the Atlantic Ocean within 1000 yards of
the grounded SEA EAGLE, and will last
only one week. The zone is limited in
scope as vessel traffic will be able to
safely transit around this security 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
security zone.
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7383
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 security
zone 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.
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
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations
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 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 an
emergency security zone lasting less
than 7 days that will prohibit entry
within 1000 yards of the grounded tug
and barge. This type of action is
categorically excluded from further
review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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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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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security 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
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.T07–0074 to read as
follows:
■
§ 165.T07–0074 Security Zone; Grounded
Tug and Barge, Deerfield Beach, FL.
(a) Locations. The following is a
temporary security zone: All waters of
the Atlanic Ocean witin a 1000 yard
radius of position 26°19′13.94″ N,
080′4′25.68″ W. The coordinates are in
NAD 83.
(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) Miami in the
enforcement of the security zone.
(c) Regulations. (1) No person or
vessel will be permitted to enter, transit,
anchor, or remain within the security
zone unless authorized by the COTP
Miami or a designated representative. If
authorization is granted, persons and/or
vessels receiving such authorization
must comply with the instructions of
the COTP Miami or designated
representative.
(2) Persons who must notify or
request authorization from the COTP
may do so by telephone at (305) 535–
4313, or may contact a designated
representative via VHF radio on channel
16.
(d) Enforcement period. This section
will be enforced from 12:00 p.m. on
February 4, 2022, through 11:00 a.m. on
February 11, 2022.
Dated: February 4, 2022.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2022–02743 Filed 2–8–22; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0072]
RIN 1625–AA00
Safety Zone; Potomac River, Between
Charles County, MD and King George
County, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River.
This action is necessary to provide for
the safety of persons, and the marine
environment from the potential safety
hazards associated with construction
operations at the new Governor Harry
W. Nice/Senator Thomas ‘‘Mac’’
Middleton Memorial (US–301) Bridge,
which will occur from 8 p.m. on
February 4, 2022, through 8 p.m. on
February 11, 2022. This rule will
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port, MarylandNational Capital Region or a designated
representative.
DATES: This rule is effective without
actual notice from February 9, 2022,
through 8 p.m. on February 11, 2022.
For the purposes of enforcement, actual
notice will be issued from 8 p.m. on
February 4, 2022, until February 9,
2022.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0072 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 Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division,
U.S. Coast Guard: telephone 410–576–
2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
E:\FR\FM\09FER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Rules and Regulations]
[Pages 7382-7384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02743]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0074]
RIN 1625-AA87
Security Zone; Grounded Tug and Barge, Deerfield Beach, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of the Atlantic Ocean within a 1000 yard
radius of a grounded tug and barge, the SEA EAGLE, on Deerfield Beach
containing a cargo of national security interest. This action is
necessary to protect the cargo and surrounding waterway from terrorist
acts, sabotage or other subversive acts, accidents, or other events of
a similar nature. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Miami.
DATES: This rule is effective without actual notice from February 9,
2022, through 11:00 a.m. on February 11, 2022. For the purposes of
enforcement, actual notice will be used from 12:00 p.m. on February 4,
2022, until February 9, 2022.
[[Page 7383]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0074 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 Omar Beceiro, Waterways Management Division, U.S. Coast
Guard; telephone: (305) 535-4317, 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 immediate action is needed to protect
a cargo of national security interest, on board the grounded barge.
This vessel ran aground in the early morning hours of February 4, 2022,
and immediate action is needed to protect the vessel, it's cargo,
response personnel, and the waterway. It would be impracticable to
publish an NPRM because we must establish this security zone by
February 4, 2022.
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
protect the cargo of national security interest, the vessel, response
personnel, and the waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Miami has determined a cargo of national security
interest is on board the grounded tug and barge, and the cargo presents
a potential target for terrorist acts, sabotage, or other subversive
acts, accidents, or other causes of a similar nature. This security
zone is needed to protect the cargo of national security interest,
response personnel, the vessel, and the surrounding waterway, until the
tug and barge is refloated or cargo removed.
IV. Discussion of the Rule
This rule establishes a security zone from 12:00 p.m. on February
4, 2022 to 11:00 a.m. on February 11, 2022. The security zone will
cover all navigable waters of the Atlantic Ocean within 1000 yards of
the grounded tug and barge. The duration of the zone is intended to
protect a cargo of national security interest, response personnel, the
vessel, and surrounding waterway until the brage is refloated or cargo
removed. No vessel or person will be permitted to enter the security
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, duration, and scope of the security zone. The zone is limited
in size, location, and duration as it will cover all navigable waters
of the Atlantic Ocean within 1000 yards of the grounded SEA EAGLE, and
will last only one week. The zone is limited in scope as vessel traffic
will be able to safely transit around this security 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 security 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
security zone 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.
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
[[Page 7384]]
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 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 an
emergency security zone lasting less than 7 days that will prohibit
entry within 1000 yards of the grounded tug and barge. This type of
action is categorically excluded from further review under paragraph
L60(c) 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security 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.T07-0074 to read as follows:
Sec. 165.T07-0074 Security Zone; Grounded Tug and Barge, Deerfield
Beach, FL.
(a) Locations. The following is a temporary security zone: All
waters of the Atlanic Ocean witin a 1000 yard radius of position
26[deg]19'13.94'' N, 080'4'25.68'' W. The coordinates are in NAD 83.
(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) Miami in the enforcement of the security
zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the security zone unless
authorized by the COTP Miami or a designated representative. If
authorization is granted, persons and/or vessels receiving such
authorization must comply with the instructions of the COTP Miami or
designated representative.
(2) Persons who must notify or request authorization from the COTP
may do so by telephone at (305) 535-4313, or may contact a designated
representative via VHF radio on channel 16.
(d) Enforcement period. This section will be enforced from 12:00
p.m. on February 4, 2022, through 11:00 a.m. on February 11, 2022.
Dated: February 4, 2022.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-02743 Filed 2-8-22; 8:45 am]
BILLING CODE 9110-04-P
