[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Pages 21748-21750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07656]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0751]
RIN 1625-AA00
Safety Zone; Chincoteague Bay, Chincoteague, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters within a 500-yard radius from centerpoint of a
downed aircraft reported within Chincoteague Bay just north of Wildcat
Point. This action is necessary to provide for the safety of persons
and the marine environment from the potential safety hazards associated
with the damage assessment and salvage of the grounded aircraft,
through May 6, 2022. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Virginia or designated representative.
DATES: This rule is effective without actual notice from April 13, 2022
through May 6, 2022. For the purposes of enforcement, actual notice
will be used from April 7, 2022, until April 13, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0751 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Sector Virginia, Waterways Management
Division, U.S. Coast Guard, Telephone: 757-668-5580, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 31, 2022, the Coast Guard issued notification of a
rulemaking creating a temporary safety zone on the navigable waters of
Chincoteague Bay to protect persons and vessels during damage
assessment and salvage operations at the aircraft wreck site. The
original safety zone was effective through April 7, 2022. A copy of the
rulemaking that ended on April 7, 2022 is available in the Docket USCG-
2022-0751, which can be found using instructions in the ADDRESSES
section. However, additional time is needed to conduct the damage
assessment and salvage operations, and, as a result, the Coast Guard is
establishing through temporary regulations a safety zone that will be
in effect through May 6, 2022. The Coast Guard is issuing this
temporary rule without prior notice and opportunity to comment pursuant
to authority under section 4(a) of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency
for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
extension because it would be impracticable and contrary to the public
interest. The Coast Guard was unable to publish an NPRM and hold a
reasonable comment period for this rulemaking due to the emergent
nature of the continuing damage assessment and salvage operations and
required publication of this extension.
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 to restrict
vessel traffic within the aircraft wreckage site is needed to protect
life, property and the environment, therefore a 30-day notice period is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of providing immediate protection to
on-scene emergency personal, creating a working buffer necessary to
mitigate any safety and potential pollution threats caused by the
wreckage and establishing immediate maritime safety in the vicinity of
on-scene salvage and damage assessments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Virginia (COTP) has determined
that potential hazards exist within the aircraft
[[Page 21749]]
wreckage site and it is necessary to keep the area clear while
assessments and salvage operations are being conducted. This rule is
needed to protect persons who may transit in the vicinity of the
wreckage site which involves on-going damage assessments, the potential
for floating wreckage debris, potential pollution, and salvage
operations.
IV. Discussion of the Rule
This rule establishes a temporary safety zone through May 6, 2022.
The safety zone includes all navigable waters within 500 yards of the
wreckage site at approximate position 37[deg]59.27' N, 075[deg]18.75' W
just north of Wildcat Point. The extended duration of the zone is
intended to protect personnel, vessels, and the maritime environment in
these navigable waters while damage assessment and salvage operations
are conducted. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and limited duration of the safety zone. This zone impacts a
small designated area of the Chincoteague Bay for a total of no more
than 30 days and operations may suspend early at the discretion of the
Captain of the Port, Sector Virginia.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or 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 for 30 days that will prohibit entry within certain
navigable waters of the Chincoteague Bay. 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.
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:
[[Page 21750]]
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. 0170.1.
0
2. Add Sec. 165.T05-0751 to read as follows:
Sec. 165.T05-0751 Safety Zone; Chincoteague Bay, Chincoteague, VA
(a) Location. The following area is a safety zone: All waters of
the Chincoteague Bay extending 500 yards from centerpoint of the
wreckage site at approximate position 37[deg] 59.27' N, 075[deg]
18.75'' W just north of Wildcat Point.
(b) Definitions. As used in this section, 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 Sector Virginia (COTP) in the enforcement of the
safety zone.
(c) Regulations. 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/FM Chanel 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 rule will be enforced April 7, 2022,
through May 6, 2022, unless an earlier end is announced by broadcast
notice to mariners.
Dated: April 5, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2022-07656 Filed 4-12-22; 8:45 am]
BILLING CODE 9110-04-P