Safety Zone; Sunset Point, San Juan Island, WA, 56887-56889 [2022-20057]
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Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
Inquiry on the Antidumping Duty and
Countervailing Duty Orders.
Southeast Asian-Completed Cells and
Modules means crystalline silicon
photovoltaic cells, whether or not
assembled into modules (solar cells and
modules), which are completed in the
Kingdom of Cambodia, Malaysia, the
Kingdom of Thailand, or the Socialist
Republic of Vietnam using parts and
components manufactured in the
People’s Republic of China, and
subsequently exported from Cambodia,
Malaysia, Thailand or Vietnam to the
United States. These are cells and
modules subject to the Solar
Circumvention Inquiries. Southeast
Asian-Completed Cells and Modules
does not mean solar cells and modules
that, on June 6, 2022, the date
Proclamation 10414 was signed, were
already subject to Certain Solar Orders.
khammond on DSKJM1Z7X2PROD with RULES
§ 362.103 Actions being taken pursuant to
Presidential Proclamation 10414 and
Section 318(a) of the Act.
(a) Importation of applicable entries
free of duties and estimated duties. The
Secretary will permit the importation of
Applicable Entries free of the collection
of antidumping and countervailing
duties and estimated duties under
sections 701, 731, 751 and 781 of the
Act until the Date of Termination. Part
358 of this chapter shall not apply to
these imports.
(b) Suspension of liquidation and
collection of cash deposits. (1) To
facilitate the importation of certain
Southeast Asian-Completed Cells and
Modules without regard to estimated
antidumping and countervailing duties,
notwithstanding § 351.226(l) of this
chapter, the Secretary shall do the
following with respect to estimated
duties:
(i) The Secretary shall instruct CBP to
discontinue the suspension of
liquidation of entries and collection of
cash deposits for any Southeast AsianCompleted Cells and Modules that were
suspended pursuant to § 351.226(l) of
this chapter. If at the time instructions
are conveyed to CBP the entries at issue
are suspended and cash deposits
collected only on the basis of the
circumvention inquiries, then the
Secretary will direct CBP to liquidate
the entries without regard to
antidumping and countervailing duties
and to refund cash deposits collected on
that basis.
(ii) In the event of an affirmative
preliminary or final determination of
circumvention in the Solar
Circumvention Inquiries before the Date
of Termination, the Secretary will not,
at that time, direct CBP to suspend
liquidation of Applicable Entries and
VerDate Sep<11>2014
16:02 Sep 15, 2022
Jkt 256001
collect cash deposits of estimated duties
on those Applicable Entries.
(iii) In the event of an affirmative
preliminary or final determination of
circumvention in the Solar
Circumvention Inquiries, the Secretary
will direct CBP to suspend liquidation
of entries of, and collect cash deposits
of estimated duties on, imports of
Southeast Asian-Completed Cells and
Modules that are not Applicable Entries.
(2) In the event that the Secretary
makes an affirmative preliminary or
final determination of circumvention in
the Solar Circumvention Inquiries, as
applicable, and the emergency
described in Presidential Proclamation
10414 is terminated before June 6, 2024,
notwithstanding § 351.226(l) of this
chapter, upon notification of the
termination of the emergency the
Secretary will thereafter issue
instructions to CBP informing it of the
Date of Termination and directing it to
begin suspension of liquidation and
require a cash deposit of estimated
antidumping and countervailing duties,
at the applicable rate for each
unliquidated entry of Southeast AsianCompleted Cells and Modules that is
entered, or withdrawn from warehouse,
for consumption on or after an
appropriate date that is on or after the
Date of Termination. For purposes of
this paragraph, Applicable Entries may
also include certain entries of Southeast
Asian-Completed Cells and Modules
that are entered on or after the Date of
Termination, as appropriate.
(3) In the event that the Secretary
makes an affirmative preliminary or
final determination of circumvention in
the Solar Circumvention Inquiries, as
applicable, and the Date of Termination
is June 6, 2024, notwithstanding
§ 351.226(l) of this chapter, the
Secretary will issue instructions to CBP
informing it that the Date of
Termination is June 6, 2024, and will
direct CBP to begin suspension of
liquidation and require a cash deposit of
estimated antidumping and
countervailing duties, at the applicable
rate, for each unliquidated entry of
Southeast Asian-Completed Cells and
Modules that is entered, or withdrawn
from warehouse, for consumption on or
after the Date of Termination.
(c) Waiver of assessment of duties. In
the event the Secretary issues an
affirmative final determination of
circumvention in the Solar
Circumvention Inquiries and thereafter,
in accordance with other segments of
the proceedings, pursuant to section 751
of the Act and § 351.212(b) of this
chapter, issues liquidation instructions
to CBP, the Secretary will direct CBP to
liquidate Applicable Entries without
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56887
regard to antidumping and
countervailing duties that would
otherwise apply pursuant to an
affirmative final determination of
circumvention.
§ 362.104
Certifications.
Nothing in this section shall preclude
the Secretary from requiring
certifications for Southeast AsianCompleted Cells and Modules pursuant
to § 351.228 of this chapter in the event
of an affirmative preliminary or final
determination in the Solar
Circumvention Inquiries.
[FR Doc. 2022–19953 Filed 9–15–22; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0722]
RIN 1625–AA00
Safety Zone; Sunset Point, San Juan
Island, WA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 1000-yard
radius of Sunset Point on San Juan
Island, WA. This rule supplement a
safety zone expiring on September 12,
2022. This safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards associated with the emergency
response efforts and the recovery of a
sunken vessel. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Puget Sound.
DATES: This rule is effective without
actual notice from September 16, 2022,
through September 26, 2022, at 10 p.m.
For the purposes of enforcement, actual
notice will be used from September 12,
2022, at 10 p.m., until September 16,
2022.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0722 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
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\16SER1.SGM
16SER1
56888
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
email Lieutenant Commander Samud I.
Looney, Sector Puget Sound, Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
khammond on DSKJM1Z7X2PROD with RULES
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
II. Background Information and
Regulatory History
This is the third temporary rule the
Coast Guard has published related to
this sunken vessel. On August 18, 2022,
the Coast Guard issued a temporary
final rule establishing a temporary
safety zone in effect through August 29,
2022 (87 FR 51909). On August 26,
2022, the Coast Guard issued a
temporary final rule extending the
safety zone to be in effect through
September 12, 2022 (87 FR 54154). Due
to the nature of the ongoing operations,
additional time is needed to maintain
safe navigation around response
equipment and responders while
additional damage assessments and
salvage operations occur, and, as a
result, the Coast Guard is establishing
through temporary regulations a safety
zone that will be in effect through
September 26, 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
rule because immediate action is needed
to respond to the safety hazards
associated with the response measures
in product recovery of a sunken vessel.
It is impracticable to publish an NPRM
and hold a reasonable comment period
for this rulemaking due to the emergent
nature of the ongoing response and
recovery operations.
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
VerDate Sep<11>2014
16:02 Sep 15, 2022
Jkt 256001
because immediate action is needed to
respond to the safety hazards associated
with the response and salvage
operations.
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
Captain of the Port Sector Puget Sound
(COTP) has determined that potential
hazards associated with the emergency
response and recovery operations will
be a safety concern for anyone within a
1000-yard radius of Sunset Point, San
Juan Island, WA. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
emergency response is ongoing and
during the recovery of the sunken
vessel.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that will be enforced from
September 12, 2022, at 10 p.m., through
September 26, 2022, at 10 p.m. The
safety zone will cover all navigable
waters within 1,000-yard radius of
Sunset Point, San Juan Island, WA. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the emergency response of
the sunken vessel are ongoing. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The safety
zone may be suspended early at the
discretion of COTP Sector Puget Sound.
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 time-of-day of the safety zone.
Vessel traffic will be able to safely
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Fmt 4700
Sfmt 4700
transit around this safety zone which
would impact a small designated area of
Sunset Point on San Juan Island for a
total of 14 days and operations may be
suspended early at the discretion of the
COTP Sector Puget Sound. 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).
E:\FR\FM\16SER1.SGM
16SER1
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
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
khammond on DSKJM1Z7X2PROD with RULES
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 safety
zone lasting 14 days that will prohibit
entry within 1000 yards of Sunset Point
while vessels, equipment, and
personnel are being used in the
emergency response and removal of a
sunken vessel. 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
16:02 Sep 15, 2022
Jkt 256001
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.
(d) Enforcement period. This section
will be enforced from September 12,
2022, at 10 p.m. through September 26,
2022, at 10 p.m. unless an earlier end is
announced by Broadcast Notice to
Mariners on VHF–FM marine channel
16.
Dated: September 12, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2022–20057 Filed 9–15–22; 8:45 am]
BILLING CODE 9110–04–P
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:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Safety Zone; Black River, South of
East Erie Avenue Bridge in Front of
Black River
1. The authority citation for part 165
continues to read as follows:
■
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.
VerDate Sep<11>2014
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
56889
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.T13–0722 to read as
follows:
■
§ 165.T13–0722 Safety Zone; Sunset Point,
San Juan Island, WA.
(a) Location. The following area is a
safety zones: all navigable waters within
a 1,000 yard radius of the sunken vessel
located at 48°33′16.1″ N, 123°10′28.9″ W
off of Sunset Point, San Juan Island,
WA. These coordinates are based 1984
World Geodetic System (WGS 84).
(b) Definitions. As used in this
section, a designated representative
means a Coast Guard Patrol
Commander, 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 (COTP) Sector Puget Sound 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 VHF Channel 16.
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.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0273]
RIN 1625–AA00
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Black River. This
action is necessary to provide for the
safety of life on these navigable waters
near Black River Landing, Lorain, OH,
during a dragon boat festival. This
established rulemaking will prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Buffalo or a
designated representative.
DATES: This rule is effective from 8 a.m.
through 5 p.m. on September 18, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0273 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email LT Jared Stevens, Waterways
Management Division, Marine Safety
Unit Cleveland, U.S. Coast Guard;
telephone 216–937–0124, email
Jared.M.Stevens@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Rules and Regulations]
[Pages 56887-56889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20057]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0722]
RIN 1625-AA00
Safety Zone; Sunset Point, San Juan Island, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1000-yard radius of Sunset Point on San Juan
Island, WA. This rule supplement a safety zone expiring on September
12, 2022. This safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
emergency response efforts and the recovery of a sunken vessel. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Puget Sound.
DATES: This rule is effective without actual notice from September 16,
2022, through September 26, 2022, at 10 p.m. For the purposes of
enforcement, actual notice will be used from September 12, 2022, at 10
p.m., until September 16, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0722 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
[[Page 56888]]
email Lieutenant Commander Samud I. Looney, Sector Puget Sound,
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6051, 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
This is the third temporary rule the Coast Guard has published
related to this sunken vessel. On August 18, 2022, the Coast Guard
issued a temporary final rule establishing a temporary safety zone in
effect through August 29, 2022 (87 FR 51909). On August 26, 2022, the
Coast Guard issued a temporary final rule extending the safety zone to
be in effect through September 12, 2022 (87 FR 54154). Due to the
nature of the ongoing operations, additional time is needed to maintain
safe navigation around response equipment and responders while
additional damage assessments and salvage operations occur, and, as a
result, the Coast Guard is establishing through temporary regulations a
safety zone that will be in effect through September 26, 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 rule because immediate action is needed to respond
to the safety hazards associated with the response measures in product
recovery of a sunken vessel. It is impracticable to publish an NPRM and
hold a reasonable comment period for this rulemaking due to the
emergent nature of the ongoing response and recovery operations.
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
respond to the safety hazards associated with the response and salvage
operations.
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 Captain of the Port Sector Puget
Sound (COTP) has determined that potential hazards associated with the
emergency response and recovery operations will be a safety concern for
anyone within a 1000-yard radius of Sunset Point, San Juan Island, WA.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
emergency response is ongoing and during the recovery of the sunken
vessel.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
from September 12, 2022, at 10 p.m., through September 26, 2022, at 10
p.m. The safety zone will cover all navigable waters within 1,000-yard
radius of Sunset Point, San Juan Island, WA. The duration of the zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters while the emergency response of the sunken
vessel are ongoing. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The safety zone may be suspended early at the
discretion of COTP Sector Puget Sound.
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 time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which would
impact a small designated area of Sunset Point on San Juan Island for a
total of 14 days and operations may be suspended early at the
discretion of the COTP Sector Puget Sound. 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).
[[Page 56889]]
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
safety zone lasting 14 days that will prohibit entry within 1000 yards
of Sunset Point while vessels, equipment, and personnel are being used
in the emergency response and removal of a sunken vessel. 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.T13-0722 to read as follows:
Sec. 165.T13-0722 Safety Zone; Sunset Point, San Juan Island, WA.
(a) Location. The following area is a safety zones: all navigable
waters within a 1,000 yard radius of the sunken vessel located at
48[deg]33'16.1'' N, 123[deg]10'28.9'' W off of Sunset Point, San Juan
Island, WA. These coordinates are based 1984 World Geodetic System (WGS
84).
(b) Definitions. As used in this section, a designated
representative means a Coast Guard Patrol Commander, 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 (COTP) Sector Puget Sound 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 VHF Channel 16. 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 period. This section will be enforced from
September 12, 2022, at 10 p.m. through September 26, 2022, at 10 p.m.
unless an earlier end is announced by Broadcast Notice to Mariners on
VHF-FM marine channel 16.
Dated: September 12, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2022-20057 Filed 9-15-22; 8:45 am]
BILLING CODE 9110-04-P
