Special Local Regulations; Windermere Cup, Montlake Cut, Union Bay Reach, Seattle, Washington, 17373-17374 [2023-05954]

Download as PDF 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. VerDate Sep<11>2014 16:18 Mar 22, 2023 Jkt 259001 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 BILLING CODE 6570–01–P 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: E:\FR\FM\23MRR1.SGM 23MRR1 17374 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 VerDate Sep<11>2014 16:18 Mar 22, 2023 Jkt 259001 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: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1

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


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