Safety Zone; Verdigris River MM 431 Through MM 432, Catoosa, OK, 62030-62032 [2022-22218]
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
vessel may enter the safety zones unless
authorized by the Captain of the Port
Jacksonville or a designated
representative. Foreign-flagged vessels
are encouraged to remain outside the
safety zones.
DATES: The regulations in 33 CFR
165.T07–0289 will be enforced for the
safety zones identified in the
SUPPLEMENTARY INFORMATION section
below for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST2 Shawn Keeman, Waterways
Management Division, U.S. Coast
Guard; telephone 904–714–7661, email
Shawn.R.Keeman@uscg.mil.
SUPPLEMENTARY INFORMATION: With this
document, the Coast Guard Captain of
the Port (COTP) Jacksonville is
activating three safety zones as listed in
33 CFR 165.T07–0289(a)(1) through (3),
on October 13, 2022, through October
17, 2022, for the SpaceX Commercial
Crew-4 mission (Crew-4), reentry
vehicle splashdown, and the associated
recovery operations in the U.S. EEZ.
These three safety zones are located
within the COTP Jacksonville Area of
Responsibility (AOR) offshore of
Jacksonville, Daytona, and Cape
Canaveral, Florida. The COTP
Jacksonville is activating these safety
zones in order to protect vessels and
waterway users from the potential
hazards created by reentry vehicle
splashdowns and recovery operations.
In accordance with the general
regulations in 33 CFR part 165, subpart
C, no U.S.-flagged vessel may enter the
safety zones unless authorized by the
COTP Jacksonville or a designated
representative except as provided in
§ 165.T07–0289(d)(3). All foreignflagged vessels are encouraged to remain
outside the safety zones.
There are two other safety zones listed
in § 165.T07–0289(a)(4) through (5),
which are located within the COTP St.
Petersburg AOR, that are being
simultaneously activated through a
separate notification of enforcement of
the regulation document issued under
Docket Number USCG–2022–0807.1
Twenty-four hours prior to the Crew4 recovery operations scheduled on
October 13, 2022, the COTP Jacksonville
or COTP St. Petersburg, or designated
representative will inform the public
whether any of the five safety zones
described in § 165.T07–0289(a) will
remain activated (subject to
enforcement). If one of the safety zones
described in § 165.T07–0289(a) remains
activated, it will be enforced for four
1 This notification of enforcement of the
regulation can be found at: https://regulations.gov
by searching for docket number USCG–2022–0807.
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16:28 Oct 12, 2022
Jkt 259001
hours prior to the Crew-4 splashdown
and remain activated until announced
by Broadcast Notice to Mariners on
VHF–FM channel 16, and/or Marine
Safety Information Bulletin (as
appropriate) that the safety zone is no
longer subject to enforcement. After the
Crew-4 reentry vehicle splashdown, the
COTP or a designated representative
will grant general permission to come
no closer than 3 nautical miles of any
reentry vehicle or space support vessel
engaged in the recovery operations,
within the activated safety zone
described in § 165.T07–0289(a). Once
the reentry vehicle, and any personnel
involved in reentry service, are removed
from the water and secured onboard a
space support vessel, the COTP or
designated representative will issue a
Broadcast Notice to Mariners on VHF–
FM channel 16 announcing the
activated safety zone is no longer
subject to enforcement. The recovery
operations are expected to last
approximately one hour.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
Dated: October 7, 2022.
Janet D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2022–22279 Filed 10–12–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0851]
RIN 1625–AA00
Safety Zone; Verdigris River MM 431
Through MM 432, Catoosa, OK
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Verdigris
River, Mile Marker (MM) 431 through
MM 432, Catoosa, OK. This rule is
necessary to provide for the safety of life
on navigable waters during a bridge
demolition. All vessels and persons are
prohibited from entering the demolition
area unless specifically authorized by
the Captain of the Port Sector Lower
Mississippi River or a designated
representative.
DATES: This rule is effective from 8 a.m.
through 7 p.m. on October 14, 2022.
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0851 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email MSTC Lindsey Swindle, U.S.
Coast Guard; telephone 901–521–4813,
email Lindsey.M.Swindle@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower
Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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 it is
impracticable. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with the bridge demolition.
The NPRM process would delay the
establishment of the safety zone until
after the date of the event and
compromise public safety. We must
establish this temporary safety zone
immediately and lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the safety
hazards associated with the bridge
demolition.
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
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 Lower
Mississippi River (COTP) has
determined that potential hazards
associated with the bridge demolition
would be a safety concern for all
persons and vessels on the Verdigris
River in the vicinity of MM 431 to MM
432, Catoosa, OK. This rule is needed to
protect persons, property, infrastructure,
and the marine environment in all
waters of the Verdigris River within the
safety zone during the bridge
demolition.
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IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 a.m. through 7 p.m.
on October 14, 2022. The safety zone
will cover all navigable waters of the
Verdigris River in the vicinity of MM
431 to MM 432, Catoosa, OK. The
duration of this safety zone is intended
to ensure the safety of waterway users
on these navigable waters during the
bridge demolition.
Entry of persons or vessels into this
safety zone is prohibited unless
authorized by the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Lower Mississippi River. Persons or
vessels seeking to enter the safety zones
must request permission from the COTP
or a designated representative by
telephone at 314–269–2332. If
permission is granted, all persons and
vessels must comply with the
instructions of the COTP or a designated
representative. The COTP or a
designated representative will inform
the public of the enforcement times and
date for this safety zone through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs), as appropriate.
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
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16:28 Oct 12, 2022
Jkt 259001
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, and
duration of the safety zone. This safety
zone will temporarily restrict navigation
on the Verdigris River in the vicinity of
MM 431 to MM 432, Catoosa, OK., from
8:00 a.m. through 7 p.m. on October 14,
2022. Moreover, The Coast Guard will
issue BNMs, LNMs, and/or MSIBs, as
appropriate. The rule allows vessels to
seek permission to enter 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
temporary 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
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62031
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 through 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 on the Verdigris
River in the vicinity of MM 431 to MM
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
432, Catoosa, OK, that will prohibit
entry into this zone. The safety zone
will only be enforced while operations
preclude the safe navigation of the
established channel. It is categorically
excluded from further review under
paragraph L60(a) 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: October 5, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
List of Subjects in 33 CFR Part 165
[FR Doc. 2022–22218 Filed 10–12–22; 8:45 am]
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:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. PTO–T–2021–0008]
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
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.T08–0851 to read as
follows:
■
§ 165.T08–0851 Safety Zone; Verdigris
River, MM 431 through MM 432, Catoosa,
OK.
khammond on DSKJM1Z7X2PROD with RULES
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 via VHF–FM channel 16
or by telephone at 314–269–2332. 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 safety
zone will be enforced from 8 a.m. to 7
p.m. on October 14, 2022.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
16:28 Oct 12, 2022
Jkt 259001
Changes To Implement Provisions of
the Trademark Modernization Act of
2020; Delay of Effective Date and
Correction
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule and final rule; delay
of effective date and correction.
AGENCY:
On November 17, 2021, the
United States Patent and Trademark
Office (USPTO or Office) published in
the Federal Register a final rule
amending its regulations to implement
provisions of the Trademark
Modernization Act of 2020 (TMA). This
action changes the effective date for the
regulations published in the November
17, 2021, final rule that established new
Office action response periods and set
fees for requests to extend Office action
response deadlines. This action resets
the effective date for responses and
extensions from December 1, 2022, to
December 3, 2022, in the examination of
applications, and from December 1,
2022, to October 7, 2023, in the
examination of post-registration filings.
DATES:
SUMMARY:
(a) Location. The following area is a
safety zone: All navigable waters of the
Verdigris River in the vicinity of MM
431 through MM 432, Catoosa, OK.
(b) Definitions. As used in this
section, designated representative
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
assigned to units under the operational
control of USCG Sector Lower
Mississippi River designated by or
assisting the Captain of the Port Sector
Lower Mississippi River (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
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RIN 0651–AD55
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Delay of effective date: As of October
13, 2022, in the final rule published at
86 FR 64300 on November 17, 2021, the
effective date of amendatory
instructions 3 (§ 2.6), 10 (§ 2.62), 11
(§ 2.63), 12 (§ 2.65), and 13 (§ 2.66) is
delayed from December 1, 2022, to
December 3, 2022, and the effective date
of amendatory instructions 29 (§ 2.163),
30 (§ 2.165), 31 (§ 2.176), 33 (§ 2.184), 34
(§ 2.186), 37 (§ 7.6), 38 (§ 7.39), and 39
(§ 7.40) is delayed from December 1,
2022, to October 7, 2023.
Correction date: The correction to
§ 2.6 in this final rule is effective
December 3, 2022.
Effective date: The amendment to
§ 2.6 in this final rule is effective
October 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, USPTO, at 571–
272–8946 or TMPolicy@uspto.gov.
SUPPLEMENTARY INFORMATION: On
November 17, 2021, the USPTO
published in the Federal Register a final
rule amending the Rules of Practice in
Trademark Cases to implement
provisions of the TMA (86 FR 64300).
As part of that final rule, the USPTO
amended 37 CFR 2.62 to: (1) set a period
of three months for responses to Office
actions in applications under sections 1
and/or 44 of the Trademark Act (Act),
and (2) provide the option to request a
single three-month extension of the
deadline, subject to the payment of a
fee. The three-month response period
and extension also applied to Office
actions issued in connection with postregistration maintenance and renewal
filings. The deadline for responses to
Office actions issued in connection with
applications under section 66(a) of the
Act was not changed in that final rule
and remains at six months. The final
rule stated that the other changes would
go into effect on December 1, 2022.
Under this final rule, the USPTO
hereby resets the effective date for the
regulations establishing Office action
response periods and setting fees for
requests to extend Office action
response deadlines. The three-month
response deadline and extension
provisions for Office actions issued in
connection with applications will be
effective on December 3, 2022. The
three-month response deadline and
extension provisions for Office actions
issued regarding post-registration
maintenance filings will go into effect
on October 7, 2023.
The change to the response deadline
and the provision of an extension
request involve significant updates to
the USPTO’s information technology
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]]>Agencies
[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 62030-62032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22218]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0851]
RIN 1625-AA00
Safety Zone; Verdigris River MM 431 Through MM 432, Catoosa, OK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Verdigris River, Mile Marker (MM) 431
through MM 432, Catoosa, OK. This rule is necessary to provide for the
safety of life on navigable waters during a bridge demolition. All
vessels and persons are prohibited from entering the demolition area
unless specifically authorized by the Captain of the Port Sector Lower
Mississippi River or a designated representative.
DATES: This rule is effective from 8 a.m. through 7 p.m. on October 14,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0851 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Lindsey Swindle, U.S. Coast Guard; telephone 901-
521-4813, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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 it is impracticable. Immediate action
is needed to protect persons and property from the potential safety
hazards associated with the bridge demolition. The NPRM process would
delay the establishment of the safety zone until after the date of the
event and compromise public safety. We must establish this temporary
safety zone immediately and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the safety hazards associated with the bridge demolition.
[[Page 62031]]
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 Lower
Mississippi River (COTP) has determined that potential hazards
associated with the bridge demolition would be a safety concern for all
persons and vessels on the Verdigris River in the vicinity of MM 431 to
MM 432, Catoosa, OK. This rule is needed to protect persons, property,
infrastructure, and the marine environment in all waters of the
Verdigris River within the safety zone during the bridge demolition.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. through 7
p.m. on October 14, 2022. The safety zone will cover all navigable
waters of the Verdigris River in the vicinity of MM 431 to MM 432,
Catoosa, OK. The duration of this safety zone is intended to ensure the
safety of waterway users on these navigable waters during the bridge
demolition.
Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River. Persons or vessels seeking to
enter the safety zones must request permission from the COTP or a
designated representative by telephone at 314-269-2332. If permission
is granted, all persons and vessels must comply with the instructions
of the COTP or a designated representative. The COTP or a designated
representative will inform the public of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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, and duration of the safety zone. This safety zone will
temporarily restrict navigation on the Verdigris River in the vicinity
of MM 431 to MM 432, Catoosa, OK., from 8:00 a.m. through 7 p.m. on
October 14, 2022. Moreover, The Coast Guard will issue BNMs, LNMs, and/
or MSIBs, as appropriate. The rule allows vessels to seek permission to
enter 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
temporary 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 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 through 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 on the Verdigris River in the vicinity of MM
431 to MM
[[Page 62032]]
432, Catoosa, OK, that will prohibit entry into this zone. The safety
zone will only be enforced while operations preclude the safe
navigation of the established channel. It is categorically excluded
from further review under paragraph L60(a) 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.T08-0851 to read as follows:
Sec. 165.T08-0851 Safety Zone; Verdigris River, MM 431 through MM
432, Catoosa, OK.
(a) Location. The following area is a safety zone: All navigable
waters of the Verdigris River in the vicinity of MM 431 through MM 432,
Catoosa, OK.
(b) Definitions. As used in this section, designated representative
means a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Lower
Mississippi River designated by or assisting the Captain of the Port
Sector Lower Mississippi River (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 via VHF-FM channel 16 or by telephone at 314-269-2332.
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 safety zone will be enforced from 8
a.m. to 7 p.m. on October 14, 2022.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts, as appropriate.
Dated: October 5, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2022-22218 Filed 10-12-22; 8:45 am]
BILLING CODE 9110-04-P
