2550 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

governments or the private sector. The 

rule also does not have a significant or 

unique effect on state, local, or tribal 

governments or the private sector. 

Therefore, a statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.) is not required. 

Takings 

Under the criteria in Executive Order 

12630, this final rule does not affect 

individual property rights protected by 

the Fifth Amendment nor does it 

involve a compensable ‘‘taking.’’ Thus, 

a takings implication assessment is not 

required. 

Federalism 

Under the criteria in Executive Order 

13132, this final rule has no 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. 

Civil Justice Reform 

This final rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation. It is 

written in clear language and contains 

clear legal standards. 

Consultation With Indian Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

Government-to-Government Relations 

with Native American Tribal 

Governments, Executive Order 13175 

(59 FR 22951, November 6, 2000), the 

Commission has determined that 

consultations with Indian gaming tribes 

is not practicable, as Congress has 

mandated that annual civil penalty 

adjustments in the Act be implemented 

no later than January 15th of each year. 

Paperwork Reduction Act 

This final rule does not affect any 

information collections under the 

Paperwork Reduction Act. 

National Environmental Policy Act 

This final rule does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment. 

Information Quality Act 

In developing this final rule, the 

Commission did not conduct or use a 

study, experiment, or survey requiring 

peer review under the Information 

Quality Act (Pub. L. 106–554). 

Effects on the Energy Supply 

This final rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

Clarity of This Regulation 

The Commission is required by 

Executive Orders 12866 and 12988 and 

by the Presidential Memorandum of 

June 1, 1998, to write all rules in plain 

language. This means that each rule that 

the Commission publishes must: 

(a) Be logically organized; 

(b) use the active voice to address 

readers directly; 

(c) use clear language rather than 

jargon; 

(d) be divided into short sections and 

sentences; and 

(e) use lists and tables wherever 

possible. 

Required Determinations Under the 

Administrative Procedure Act 

In accordance with the Act, agencies 

are to annually adjust civil monetary 

penalties without providing an 

opportunity for notice and comment, 

and without a delay in its effective date. 

Therefore, the Commission is not 

required to complete a notice and 

comment process prior to promulgation. 

List of Subjects in 25 CFR Part 575 

Administrative practice and 

procedure, Gaming, Indian lands, 

Penalties. 

For the reasons set forth in the 

preamble, the Commission amends 25 

CFR part 575 as follows: 

PART 575—CIVIL FINES 

■ 1. The authority citation for part 575 

continues to read as follows: 

Authority: 25 U.S.C. 2705(a), 2706, 2713, 

2715; and Sec. 701, Pub. L. 114–74, 129 Stat. 

599. 

§ 575.4 [Amended] 

■ 2. Amend the introductory text of 

§ 575.4 by removing ‘‘$54,157’’ and 

adding in its place ‘‘$57,527’’. 

Dated: January 12, 2022. 

E. Sequoyah Simermeyer, 

Chairman. 

Jeannie C. Hovland, 

Vice Chair. 

[FR Doc. 2022–00835 Filed 1–14–22; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0006] 

RIN 1625–AA00 

Safety Zone; St. Clair Icy Bazaar 

Fireworks, St. Clair River, MI 

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 50-yard 

radius of a portion of the St. Clair River, 

St. Clair, MI. This zone is necessary to 

protect spectators and vessels from 

potential hazards associated with the St. 

Clair Icy Bazaar Fireworks. 

DATES: This temporary final rule is 

effective from 6 p.m. on January 22, 

2022, through 6:30 p.m. on January 23, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0006 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 temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or email Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Detroit 

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 

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 


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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2551 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this fireworks display in time to 

publish an NPRM. As such, it is 

impracticable to publish an NPRM 

because we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. To provide such 

a comment period would prevent the 

Coast Guard from enforcing the safety 

zone at the time of the event, leaving the 

public in danger from the hazards 

associated with a firework display. 

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 Detroit (COTP) has 

determined that potential hazard 

associated with fireworks from 6 p.m. 

on January 22, 2022, through 6:30 p.m. 

on January 23, 2022, will be a safety 

concern to anyone within a 50-yard 

radius of the launch site. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the fireworks are being displayed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 6 p.m. on January 22, 2022, 

through 6:30 p.m. on January 23, 2022. 

The safety zone will be enforced from 6 

p.m. until 6:30 p.m. on January 22, 

2022. In the case of predicted inclement 

weather on January 22, 2022, this safety 

zone will be enforced from 6 p.m. to 

6:30 p.m. on January 23, 2022. The 

safety zone will encompass all U.S. 

navigable waters of the St. Clair River, 

St. Clair, MI, within a 50-yard radius of 

position 42°49.477′ N, 082°29.107′ W 

(NAD 83). 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the St. Clair River from 6 p.m. until 6:30 

p.m. on January 22, 2022, or January 23, 

2022. Moreover, the Coast Guard will 

issue Broadcast Notice to Mariners 

(BNM) via VHF–FM marine channel 16 

about the zone and 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 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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 and Environmental 

Planning COMDTINST 5090.1 (series), 

which guide the Coast Guard in 


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2552 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

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 less than one hour that will 

prohibit entry into a designated area. It 

is categorically excluded from further 

review under paragraph L60(a) in Table 

3–1 of U.S. Coast Guard Environmental 

Planning Implementing Procedures 

5090.1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 record keeping 

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 

■ 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.T09–0006 to read as 

follows: 

§ 165.T09–0006 Safety Zone; St. Clair Icy 

Bazaar Fireworks, St. Clair River, MI. 

(a) Location. A safety zone is 

established to include all U.S. navigable 

waters of the St. Clair River, St. Clair, 

MI, within a 50-yard radius of position 

42°49.477′ N, 082°29.107′ W (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be enforced from 6 p.m. 

until 6:30 p.m. on January 22, 2022. In 

the case of inclement weather on 

January 22, 2022, this safety zone will 

be enforced from 6 p.m. to 6:30 p.m. on 

January 23, 2022. 

(c) Regulations. (1) No vessel or 

person may enter, transit through, or 

anchor within the safety zone unless 

authorized by the Captain of the Port 

Detroit (COTP), or his on-scene 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

COTP is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

(4) Vessel operators shall contact the 

COTP or his on-scene representative to 

obtain permission to enter or operate 

within the safety zone. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(313) 568–9464. Vessel operators given 

permission to enter or operate in the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: January 5, 2022. 

Brad W. Kelly, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2022–00792 Filed 1–14–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0020] 

RIN 1625–AA87 

Security Zones; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary, 500-yard 

radius, moving security zones for 

certain Liquefied Natural Gas Carriers 

(LNGC) within the Corpus Christi Ship 

Channel and La Quinta Channel. The 

security zones are needed to protect the 

vessels and the marine environment 

from potential hazards created by 

Liquefied Natural Gas (LNG) cargo 

aboard the vessels. Entry of vessels or 

persons into these zones is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Corpus 

Christi or a designated representative. 

DATES: This rule is effective without 

actual notice from 12:01 a.m. until 11:59 

p.m. on January 18, 2022. For the 

purposes of enforcement, actual notice 

will be used from January 12, 2022, 

until 12:01 a.m. on January 18, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Anthony 

Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email Anthony.M.Garofalo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Corpus 

Christi 

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 

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. We must establish these 

security zones by January 12, 2022, to 

ensure security of these vessels 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 provide for the security of 

these vessels. 

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 Corpus 

Christi (COTP) has determined that 

potential hazards associated with the 

transit of the Motor Vessel (M/V) 

GASLOG WALES and M/V VALENCIA 

KNUTSEN when loaded will be a 

security concern within a 500-yard 

radius of the vessels. This rule is needed 

to protect the vessels while the vessels 

are transiting within Corpus Christi, TX, 


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