Safety Zone; Chesapeake Bay, Craighill Channel, MD, 16638-16640 [2022-06230]
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations
TABLE 1—CHANGES TO THE SCHEDULE OF FEES—Continued
Item No.
Proposed
fee
*
*
74. Return Check Processing Fee ...................
$0
Current fee
Change in
fee
Percentage
increase
$25
*
($25)
(100%)
*
Projected
annual
number of
applications 1
Estimated
change in
annual fees
collected 2
Change
in state
retained
fees
Change
in remittance
to Treasury
8,293
*
($207,325)
*
$0
($207,325)
*
1 Based
on estimated FY 2021 workload calculated with 8/1/2021 actual demand.
2 Using FY 2021 workload to generate collections. This will be a reduction in total annual remittance to Treasury.
Executive Orders 12372 and 13132
This regulation will not have
substantial direct effects 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. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rule does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
federal programs and activities do not
apply to this regulation.
Executive Order 13175
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
preempt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act.
List of Subjects in 22 CFR Part 22
Consular services, Fees.
Accordingly, for the reasons stated in
the preamble, 22 CFR part 22 is
amended as follows:
PART 22—SCHEDULE OF FEES FOR
CONSULAR SERVICES—
DEPARTMENT OF STATE AND
FOREIGN SERVICE
1. The authority citation for part 22
continues to read as follows:
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■
Authority: 8 U.S.C. 1101 note, 1153 note,
1157 note, 1183a note, 1184(c)(12), 1201(c),
1351, 1351 note, 1713, 1714, 1714 note; 10
U.S.C. 2602(c); 22 U.S.C. 214, 214 note,
1475e, 2504(h), 2651a, 4206, 4215, 4219,
6551; 31 U.S.C. 9701; Exec. Order 10718, 22
FR 4632 (1957); Exec. Order 11295, 31 FR
10603 (1966).
■
2. Amend § 22.1 by
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16:07 Mar 23, 2022
Jkt 256001
a. Revising the introductory text; and
b. In the table, removing and reserving
entry 74.
The revision reads as follows:
■
■
§ 22.1
Schedule of Fees
The following table sets forth the fees
for the following categories listed on the
U.S. Department of State’s Schedule of
Fees for Consular Services:
*
*
*
*
*
Rena Bitter,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2022–06131 Filed 3–23–22; 8:45 am]
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0750 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 Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division,
U.S. Coast Guard: telephone 410–576–
2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
BILLING CODE 4710–06–P
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0750]
RIN 1625–AA00
Safety Zone; Chesapeake Bay,
Craighill Channel, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is extending
the duration of a temporary safety zone
on certain navigable waters of the
Chesapeake Bay. This action is
necessary to provide for the safety of
persons and the marine environment
from the potential safety hazards
associated with the damage assessment
and salvage of the grounded freight ship
EVER FORWARD, through 9 p.m. on
April 13, 2022. This rule prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port, Maryland-National
Capital Region or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from March 24, 2022 until
9 p.m. on April 13, 2022. For the
purposes of enforcement, actual notice
will be used from 9 p.m. on March 20,
2022, until March 24, 2022.
DATES:
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II. Background Information and
Regulatory History
On March 14, 2022, the Coast Guard
issued a final rule establishing a
temporary safety zone on certain
navigable waters of the Chesapeake Bay
to protect persons and vessels during
damage assessment and salvage
operations at the grounded 1,102-foot
Hong Kong-flagged motor vessel EVER
FORWARD. The orignal rule runs
through 9 p.m. on March 20, 2022.
However, additional time is needed to
conduct the damage assessment and
salvage operations and, as a result, the
Coast Guard needs to extend the safety
zone through 9 p.m. on April 13, 2022.
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 extension because it
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations
would be impracticable and contrary to
the public interest. The Coast Guard was
unable to publish an NPRM and hold a
reasonable comment period for this
rulemaking due to the emergent nature
of the continuing damage assessment
and salvage operations and required
publication of this extension. Immediate
action is needed to continue to protect
persons and vessels from the hazards
associated with carrying out damage
assessment and salvage operations of
the motor vessel EVER FORWARD that
must occur within the federal
navigation channel. It is impracticable
and contrary to the public interest to
publish an NPRM, because the
extension needs to be in place by March
21, 2022.
We are issuing this rule under 5
U.S.C. 553(d)(3), and in accordance with
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 and contrary to
the public interest, because immediate
action is needed to continue to respond
to the potential safety hazards
associated with damage assessment and
salvage operations of the motor vessel
EVER FORWARD being conducted
within the federal navigation channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined there are potential
hazards associated with damage
assessment and salvage operations. The
work is a safety concern for anyone
transiting the Chesapeake Bay within a
500-yard radius of the motor vessel
EVER FORWARD. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
damage assessment and salvage
operations are being conducted.
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IV. Discussion of the Rule
This rule extends the effective dates
of an established safety zone, originally
established on March 14, 2022 and
effective through 9 p.m. on March 20,
2022, through 9 p.m. on April 13, 2022.
The safety zone includes all navigable
waters within 500 yards of the motor
vessel EVER FORWARD. The extended
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while damage assessment and
salvage operations are conducted. No
vessel or person will be permitted to
enter the safety zone without obtaining
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16:07 Mar 23, 2022
Jkt 256001
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 of the safety zone,
which will impact only vessel traffic
required to transit certain navigation
channels of the Chesapeake Bay for a
total of no more than 30 days. Although
this waterway supports both
commercial and recreational vessel
traffic, portions of the federal navigation
channel in the Chesapeake Bay will be
opened as damage assessment and
salvage operations allow. Moreover, the
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the 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 safety
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
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16639
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
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations
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
temporary safety zone that prohibits
entry within 500 yards of the motor
vessel EVER FORWARD. It is
categorically excluded from further
review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Dated: March 17, 2022.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Maryland-NCR.
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:
[FR Doc. 2022–06230 Filed 3–23–22; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
1. The authority citation for part 165
continues to read as follows:
[EPA–R03–OAR–2020–0487; FRL–8931–03–
R3]
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.
Air Plan Approval; West Virginia; 2020
Amendments to West Virginia’s
Ambient Air Quality Standards;
Correction
■
khammond on DSKJM1Z7X2PROD with RULES
Chesapeake Bay, within a 500-yard
radius of the motor vessel EVER
FORWARD during damage assessment
and salvage operations.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer, 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 Maryland-National Capital
Region (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone number
410–576–2693 or on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement period. This section
will be enforced from 9 p.m. on March
20, 2022, through 9 p.m. on April 13,
2022.
2. Add § 165.T05–0750 to read as
follows:
■
§ 165.T05–0750 Safety Zone; Chesapeake
Bay, Craighill Channel, MD.
(a) Location. The following area is a
safety zone: All navigable waters of the
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16:07 Mar 23, 2022
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Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) issued a final rule on
SUMMARY:
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September 23, 2021, entitled ‘‘Air Plan
Approval; West Virginia; 2020
Amendments to West Virginia’s
Ambient Air Quality Standards.’’ This
current action corrects an inadvertent
error in the DATES section of the final
rule by setting an effective date for the
state implementation plan (SIP) revision
submitted by the State of West Virginia.
West Virginia’s revision updated the
incorporation by reference of EPA’s
national ambient air quality standards
(NAAQS) and the associated monitoring
reference and equivalent methods. This
correction does not change West
Virginia’s previously approved
incorporation by reference, only the
DATES section in the preamble removing
the request for comments and replacing
it with the effective date assigned to it.
DATES: This correction is effective
March 24, 2022, and is applicable
beginning October 25, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R03–OAR–2020–0487. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103.
The telephone number is (215) 814–
2053. Ms. Nichols can also be reached
via electronic mail at Nichols.Serena@
epa.gov.
SUPPLEMENTARY INFORMATION: On
September 23, 2021 (86 FR 52837), EPA
published a final rule action
announcing our approval of West
Virginia’s revision updating the
incorporation by reference of EPA’s
NAAQS and the associated monitoring
reference and equivalent methods. In
the document, we inadvertently opened
another comment period instead of
setting an effective date for the rule.
EPA had previously opened a 30-day
public comment period for this action in
the notice of proposed rulemaking
(NPRM) published on February 9, 2021
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]]>Agencies
[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16638-16640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06230]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0750]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Craighill Channel, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the duration of a temporary
safety zone on certain navigable waters of the Chesapeake Bay. This
action is necessary to provide for the safety of persons and the marine
environment from the potential safety hazards associated with the
damage assessment and salvage of the grounded freight ship EVER
FORWARD, through 9 p.m. on April 13, 2022. This rule prohibits persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port, Maryland-National Capital Region or a designated
representative.
DATES: This rule is effective without actual notice from March 24, 2022
until 9 p.m. on April 13, 2022. For the purposes of enforcement, actual
notice will be used from 9 p.m. on March 20, 2022, until March 24,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0750 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 Mr. Ron Houck, Sector Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
On March 14, 2022, the Coast Guard issued a final rule establishing
a temporary safety zone on certain navigable waters of the Chesapeake
Bay to protect persons and vessels during damage assessment and salvage
operations at the grounded 1,102-foot Hong Kong-flagged motor vessel
EVER FORWARD. The orignal rule runs through 9 p.m. on March 20, 2022.
However, additional time is needed to conduct the damage assessment and
salvage operations and, as a result, the Coast Guard needs to extend
the safety zone through 9 p.m. on April 13, 2022. 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 extension because it
[[Page 16639]]
would be impracticable and contrary to the public interest. The Coast
Guard was unable to publish an NPRM and hold a reasonable comment
period for this rulemaking due to the emergent nature of the continuing
damage assessment and salvage operations and required publication of
this extension. Immediate action is needed to continue to protect
persons and vessels from the hazards associated with carrying out
damage assessment and salvage operations of the motor vessel EVER
FORWARD that must occur within the federal navigation channel. It is
impracticable and contrary to the public interest to publish an NPRM,
because the extension needs to be in place by March 21, 2022.
We are issuing this rule under 5 U.S.C. 553(d)(3), and in
accordance with 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 and contrary to the public interest,
because immediate action is needed to continue to respond to the
potential safety hazards associated with damage assessment and salvage
operations of the motor vessel EVER FORWARD being conducted within the
federal navigation channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined there are
potential hazards associated with damage assessment and salvage
operations. The work is a safety concern for anyone transiting the
Chesapeake Bay within a 500-yard radius of the motor vessel EVER
FORWARD. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the damage assessment and salvage operations are being conducted.
IV. Discussion of the Rule
This rule extends the effective dates of an established safety
zone, originally established on March 14, 2022 and effective through 9
p.m. on March 20, 2022, through 9 p.m. on April 13, 2022. The safety
zone includes all navigable waters within 500 yards of the motor vessel
EVER FORWARD. The extended duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while damage assessment and salvage operations are conducted. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size of the
safety zone, which will impact only vessel traffic required to transit
certain navigation channels of the Chesapeake Bay for a total of no
more than 30 days. Although this waterway supports both commercial and
recreational vessel traffic, portions of the federal navigation channel
in the Chesapeake Bay will be opened as damage assessment and salvage
operations allow. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the 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
safety 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 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
[[Page 16640]]
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
temporary safety zone that prohibits entry within 500 yards of the
motor vessel EVER FORWARD. It is categorically excluded from further
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, 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.T05-0750 to read as follows:
Sec. 165.T05-0750 Safety Zone; Chesapeake Bay, Craighill Channel,
MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Chesapeake Bay, within a 500-yard radius of the motor
vessel EVER FORWARD during damage assessment and salvage operations.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, 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 Maryland-National Capital Region (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone number 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced from 9 p.m.
on March 20, 2022, through 9 p.m. on April 13, 2022.
Dated: March 17, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2022-06230 Filed 3-23-22; 8:45 am]
BILLING CODE 9110-04-P
