Special Local Regulations; Windermere Cup, Montlake Cut, Union Bay Reach, Seattle, Washington, 17373-17374 [2023-05954]
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
Requests for this notice in an alternative
format should be made to the Office of
Communications and Legislative Affairs
at (202) 921–3191 (voice) or 1–800–669–
6820 (TTY), or 1–844–234–5122 (ASL
video phone).
SUPPLEMENTARY INFORMATION:
I. Background
Under section 711 of the Civil Rights
Act of 1964 (Title VII), which is adopted
by reference in section 105 of the
Americans with Disabilities Act (ADA)
and section 207(a)(1) of the Genetic
Information Non-Discrimination Act
(GINA), and implemented by the Equal
Employment Opportunity Commission
(EEOC) in 29 CFR 1601.30(a), every
employer, employment agency, labor
organization, and joint labormanagement committee controlling an
apprenticeship or other training
program covered by Title VII, ADA, or
GINA, must post notices describing the
pertinent provisions of these laws.
Covered entities must post such notices
in prominent and accessible places
where they customarily maintain
notices to employees, applicants, and
members. 29 CFR 1601.30(a). Failure to
comply with this posting requirement is
subject to a monetary penalty. 29 CFR
1601.30(b).
Section 5(b) of The Federal Civil
Penalties Inflation Adjustment Act of
2015 (2015 Act),1 which amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990, requires the
EEOC to annually adjust the amount of
the penalty for non-compliance. Under
the 2015 Act, the EEOC has no
discretion over whether or how to
calculate this inflationary adjustment. In
accordance with section 6 of the 2015
Act, the EEOC will apply the adjusted
penalty only to those assessed after the
effective date of the adjustment.
ddrumheller on DSK120RN23PROD with RULES1
II. Calculation
The adjustment set forth in this final
rule was calculated by comparing the
Consumer Price Index for all Urban
Consumers (CPI–U) for October 2021
with the CPI–U for October 2022,
resulting in an inflation adjustment
factor of 1.07745. The inflation
adjustment factor (1.07745) is
multiplied by the most recent civil
penalty amount ($612) to calculate the
inflation-adjusted penalty level
($659.3994), which is then rounded to
the nearest dollar ($659). Accordingly,
the Commission is now adjusting the
maximum penalty per violation
specified in 29 CFR 1601.30(a) from
$612 to $659.
1 Public
Law 114–74, Sec. 701(b), 129 Stat. 599.
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III. Regulatory Procedures
Administrative Procedure Act
The Administrative Procedure Act
(APA) provides an exception to the
notice and comment procedures where
an agency finds good cause for
dispensing with such procedures, on the
basis that they are impracticable,
unnecessary, or contrary to the public
interest. 5 U.S.C. 553(b)(3)(B). The
Commission finds that this rule meets
the exception because the 2015 Act
requires an inflationary adjustment to
the civil monetary penalty, it prescribes
the formula for calculating the
adjustment to the penalty, and it
provides the Commission with no
discretion in determining the amount of
the published adjustment. Accordingly,
the Commission is issuing this revised
regulation as a final rule without notice
and comment.
Executive Order 12866
This rule is not a significant
regulatory action as that term is defined
in Executive Order 12866.
Paperwork Reduction Act
17373
EEOC will submit this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to the effective date of the
rule.
List of Subjects in 29 CFR Part 1601
Administrative practice and
procedure.
For the Commission,
Charlotte A. Burrows,
Chair, Equal Employment Opportunity
Commission.
Accordingly, the Equal Employment
Opportunity Commission amends 29
CFR part 1601 as follows:
PART 1601—PROCEDURAL
REGULATIONS
1. The authority citation for part 1601
continues to read as follows:
■
Authority: 42 U.S.C. 2000e to 2000e–17;
42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff
to 2000ff–11; 28 U.S.C. 2461 note, as
amended; Pub. L. 104–134, Sec. 31001(s)(1),
110 Stat. 1373.
2. Section 1601.30 is amended by
revising paragraph (b) to read as follows:
■
This final rule contains no new
information collection requirements,
and therefore, will create no new
paperwork burdens or modifications to
existing burdens that are subject to
review by the Office of Management and
Budget under the Paperwork Reduction
Act (44 U.S.C. chapter 35).
Regulatory Flexibility Act
§ 1601.30
Notices to be posted.
*
*
*
*
*
(b) Section 711(b) of Title VII and the
Federal Civil Penalties Inflation
Adjustment Act, as amended, make
failure to comply with this section
punishable by a fine of not more than
$659 for each separate offense.
The Regulatory Flexibility Act (5
U.S.C. 601–612) only requires a
regulatory flexibility analysis when the
APA requires notice and comment
procedures or the agency otherwise
issues such a notice. As stated above,
notice and comment is neither required
nor being used for this rule.
Accordingly, the Regulatory Flexibility
Act does not apply.
[FR Doc. 2023–05896 Filed 3–22–23; 8:45 am]
Unfunded Mandates Reform Act of 1995
[Docket No. USCG–2023–0230]
This final rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This regulation is a rule subject to the
Congressional Review Act (CRA), but
not a ‘‘major’’ rule that cannot take
effect until 60 days after it is published
in the Federal Register. Therefore, the
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
Special Local Regulations;
Windermere Cup, Montlake Cut, Union
Bay Reach, Seattle, Washington
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
special local regulations for the
Windermere Cup on May 6, 2023, from
7 a.m. to 1 p.m. to provide for the safety
of life on navigable waterways during
this event. Our regulation for marine
events within the Thirteenth Coast
Guard District identifies the regulated
area for this event on the Montlake Cut
SUMMARY:
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
and Union Bay Reach between Portage
Bay and Webster Point on Lake
Washington in Seattle, WA. The
regulation prohibits persons and vessels
from being in the regulated areas unless
authorized by the Captain of the Port
Puget Sound or a designated
representative.
The regulations in 33 CFR
100.1311 will be enforced Saturday,
May 6, 2023, from 7 a.m. to 1 p.m.
DATES:
If
you have questions about this
notification of enforcement, call or
email Lieutenant Peter J. McAndrew,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6045, email
SectorPugetSound@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with RULES1
Dated: March 16, 2023.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2023–05954 Filed 3–22–23; 8:45 am]
BILLING CODE 9110–04–P
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40 CFR Part 52
[EPA–R03–OAR–2022–0870; FRL–9148–02–
R3]
Air Plan Approval; Virginia; 1997 8Hour Ozone National Ambient Air
Quality Standards Second
Maintenance Plan for the RichmondPetersburg Area
I. Background
On January 12, 2023 (88 FR 2050),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Virginia. In the
NPRM, EPA proposed approval of
Virginia’s plan for maintaining the 1997
ozone NAAQS in the RichmondPetersburg Area through December 31,
2028, in accordance with CAA section
175A. The formal SIP revision was
submitted by Virginia on September 21,
2021.
Environmental Protection
Agency (EPA).
AGENCY:
The Coast
Guard will enforce special local
regulations in 33 CFR 100.1311 for the
Windermere Cup on May 6, 2023, from
7 a.m. to 1 p.m. This action is necessary
to provide for the safety of life on
navigable waterways during this oneday event. Our regulation for marine
events within the Thirteenth Coast
Guard District, § 100.1311(a), specifies
the location of the regulated area for the
Windermere Cup which encompasses
waters from Montlake Cut and Union
Bay Reach between Portage Bay and
Webster Point on Lake Washington in
Seattle, WA. All non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port or
their designated representative.
The Captain of the Port may be
assisted by other federal, state, and local
law enforcement agencies in enforcing
this regulation.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he will issue a Broadcast
Notice to Mariners to terminate this
notice of enforcement.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners and
marine information broadcasts.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
II. Summary of SIP Revision and EPA
Analysis
ACTION: Final rule.
On June 1st, 2007 (72 FR 30485), EPA
approved a redesignation request (and
SUMMARY: The Environmental Protection
maintenance plan) from VADEQ for the
Agency (EPA) is approving a state
Richmond-Petersburg Area for the 1997
implementation plan (SIP) revision
ozone NAAQS. In accordance with CAA
submitted by the Commonwealth of
section 175A(b), at the end of the eighth
Virginia. This revision pertains to the
year after the effective date of the
Commonwealth’s plan, submitted by the redesignation, the state must also
Virginia Department of Environmental
submit a second maintenance plan to
Quality (VADEQ), for maintaining the
ensure ongoing maintenance of the
1997 8-hour ozone national ambient air
standard for an additional 10 years, and
quality standards (NAAQS) (referred to
in South Coast Air Quality Management
as the ‘‘1997 ozone NAAQS’’) in the
District v. EPA,1 the District of
Richmond, Virginia Area (RichmondColumbia (D.C.) Circuit held that this
Petersburg Area). EPA is approving this
requirement cannot be waived for areas,
revision to the Virginia SIP in
like the Richmond-Petersburg Area, that
accordance with the requirements of the had been redesignated to attainment for
Clean Air Act (CAA).
the 1997 8-hour ozone NAAQS prior to
DATES: This final rule is effective on
revocation and that were designated
April 24, 2023.
attainment for the 2008 ozone NAAQS.
CAA section 175A sets forth the criteria
ADDRESSES: EPA has established a
for adequate maintenance plans. In
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0870. All addition, EPA has published
longstanding guidance that provides
documents in the docket are listed on
further insight on the content of an
the www.regulations.gov website.
approvable maintenance plan,
Although listed in the index, some
explaining that a maintenance plan
information is not publicly available,
should address five elements: (1) an
e.g., confidential business information
attainment emissions inventory; (2) a
(CBI) or other information whose
maintenance demonstration; (3) a
disclosure is restricted by statute.
commitment for continued air quality
Certain other material, such as
monitoring; (4) a process for verification
copyrighted material, is not placed on
of continued attainment; and (5) a
the internet and will be publicly
contingency plan.2 VADEQ’s September
available only in hard copy form.
21,
2021 submittal fulfills Virginia’s
Publicly available docket materials are
obligation to submit a second
available through www.regulations.gov,
maintenance plan and addresses each of
or please contact the person identified
the five necessary elements, as
in the FOR FURTHER INFORMATION
explained in the NPRM.
CONTACT section for additional
As discussed in the January 12, 2023,
availability information.
NPRM, EPA allows the submittal of a
FOR FURTHER INFORMATION CONTACT:
limited maintenance plan (LMP) to meet
Serena Nichols, Planning &
the statutory requirement that the area
Implementation Branch (3AD30), Air &
will maintain for the statutory period.
Radiation Division, U.S. Environmental Qualifying areas may meet the
Protection Agency, Region III, 1600 John maintenance demonstration by showing
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
1 882 F.3d 1138 (D.C. Cir. 2018).
2 ‘‘Procedures for Processing Requests to
number is (215) 814–2053. Ms. Nichols
Redesignate Areas to Attainment,’’ Memorandum
can also be reached via electronic mail
from John Calcagni, Director, Air Quality
at Nichols.Serena@epa.gov.
Management Division, September 4, 1992 (Calcagni
Memo).
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17373-17374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05954]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0230]
Special Local Regulations; Windermere Cup, Montlake Cut, Union
Bay Reach, Seattle, Washington
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce special local regulations for the
Windermere Cup on May 6, 2023, from 7 a.m. to 1 p.m. to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within the Thirteenth Coast Guard District identifies
the regulated area for this event on the Montlake Cut
[[Page 17374]]
and Union Bay Reach between Portage Bay and Webster Point on Lake
Washington in Seattle, WA. The regulation prohibits persons and vessels
from being in the regulated areas unless authorized by the Captain of
the Port Puget Sound or a designated representative.
DATES: The regulations in 33 CFR 100.1311 will be enforced Saturday,
May 6, 2023, from 7 a.m. to 1 p.m.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Peter J.
McAndrew, Sector Puget Sound Waterways Management Division, Coast
Guard; telephone 206-217-6045, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1311 for the Windermere Cup on May 6, 2023,
from 7 a.m. to 1 p.m. This action is necessary to provide for the
safety of life on navigable waterways during this one-day event. Our
regulation for marine events within the Thirteenth Coast Guard
District, Sec. 100.1311(a), specifies the location of the regulated
area for the Windermere Cup which encompasses waters from Montlake Cut
and Union Bay Reach between Portage Bay and Webster Point on Lake
Washington in Seattle, WA. All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port or their
designated representative.
The Captain of the Port may be assisted by other federal, state,
and local law enforcement agencies in enforcing this regulation.
If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, he will
issue a Broadcast Notice to Mariners to terminate this notice of
enforcement.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts.
Dated: March 16, 2023.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2023-05954 Filed 3-22-23; 8:45 am]
BILLING CODE 9110-04-P