16698 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Proposed Rules 

ascertainable, or to any other party that 

the facts of record indicate has an 

interest in the seized fish, unless the 

owner or consignee or other interested 

party has otherwise been personally 

notified. Notice will be sent either prior 

to the sale, or as soon thereafter as 

practicable. 

* * * * * 

■ 48. In § 904.506, revise paragraphs 

(a)(1) and (b)(1) to read as follows: 

§ 904.506 Remission of forfeiture and 

restoration of proceeds of sale. 

(a) * * * 

(1) This section establishes 

procedures for filing with NOAA a 

petition for the return of any property 

which has been or may be 

administratively forfeited under the 

provisions of any statute administered 

by NOAA that authorizes the remission 

or mitigation of forfeitures. 

* * * * * 

(b) * * * 

(1) Any person claiming an interest in 

any property which has been or may be 

administratively forfeited under the 

provisions of § 904.504 may, at any time 

after seizure of the property, but no later 

than 90 days after the date of forfeiture, 

petition for a remission or mitigation of 

the forfeiture and restoration of the 

proceeds of such sale, or such part 

thereof as may be claimed by the 

petitioner by serving the petition in 

conformance with § 904.3 on 

administrative.appeals@noaa.gov or the 

Chief of the Enforcement Section of the 

NOAA Office of General Counsel, 1315 

East-West Highway, SSMC 3, Suite 

15828, Silver Spring, MD 20910. 

* * * * * 

■ 49. In § 904.509, revise paragraph 

(g)(2) to read as follows: 

§ 904.509 Disposal of forfeited property. 

* * * * * 

(g) * * * 

(2) Destruction will be accomplished 

in accordance with the requirements of 

41 CFR parts 101–1 through 101–49. 

* * * * * 

[FR Doc. 2022–05845 Filed 3–23–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0135] 

RIN 1625–AA08 

Special Local Regulation: Luminsea 

Offshore Powerboat Race; Atlantic 

Ocean, Miami Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a special local regulation 

(SLR) on certain navigable waters of the 

Atlantic Ocean, offshore of Miami 

Beach, FL, in connection with the 

Luminsea Offshore Powerboat Race. The 

race will include approximately 55 

offshore powerboats, ranging from 30 to 

50 feet in length. The SLR is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards associated with the high-speed 

powerboat race. The special local 

regulation establishes a race area where 

all persons and vessels, except those 

persons and vessels who are 

participating in the race, will be 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within unless authorized by the Captain 

of the Port (COTP) Miami or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 8, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0135 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Omar Beceiro, Sector 

Miami Waterways Management 

Division, U.S. Coast Guard at 305–535– 

4317 or Omar.Beceiro@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On February 15, 2022, Cigarette 

Racing Team, LLC. notified the Coast 

Guard they would be sponsoring an 

offshore powerboat race on May 6, 2022 

from 8 a.m. to 6 p.m. and May 7, 2022 

from 8 a.m. to 6 p.m. The race would 

take place in the Atlantic Ocean, 

offshore of Miami Beach, FL and 

involve approximately 55 powerboats 

ranging from 30 to 50 feet in length. 

Approximately 500 spectator crafts are 

anticpated to attend the event. 

The COTP Miami has determined 

potential hazards associated with the 

high-speed boat race would be a safety 

concern for participants, participant 

vessels, and general public. 

The purpose of this rulemaking is to 

protect event participants, spectators, 

and vessels on certain navigable waters 

of the Atlantic Ocean, offshore of Miami 

Beach, FL before, during, and after the 

scheduled event. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034. 

The Coast Guard is issuing this notice 

of proposed rulemaking (NPRM) with a 

15-day prior notice and opportunity to 

comment pursuant to section (b)(3) of 

the Administrative Procedure Act (APA) 

(5 U.S.C. 553). This provision authorizes 

an agency to publish a rule in less than 

30 days before its effective date for 

‘‘good cause found and published with 

the rule.’’ Under 5 U.S.C. 553(b)(3)(B), 

the Coast Guard finds that good cause 

exists for publishing this NPRM with a 

15-day comment period because the 

Coast Guard was given short notice from 

the event sponsor, and this not a 

recurring event that would be listed in 

the existing annual marine event table 

as outlined in 33 CFR 100.702, Table 1. 

Therefore, it is impracticable to provide 

a 30-day comment period because we 

must establish this safety zone by May 

6, 2022. A 15-day comment period 

would allow the Coast Guard to provide 

for public notice and comment, but also 

update the proposed regulation soon 

enough that the length of the notice and 

comment period does not compromise 

safety. 

III. Discussion of Proposed Rule 

The COTP proposes to establish an 

SLR from 8 a.m. until 6 p.m., on May 

6, 2022 and May 7, 2022. The safety 

zone would cover certain navigable 

waters of the Atlantic Ocean beginning 

approximately 0.5 miles north of 

Government Cut and continuing north 

approximately 3.5 miles. The SLR 

extends approximately 2.5 miles 

offshore. 

The duration of the zone is intended 

to protect personnel, vessels, and the 


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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Proposed Rules 16699 

marine environment in these navigable 

waters during the event. The proposed 

regulation would prohibit all persons 

and vessels, except those persons and 

vessels participating in the race, from 

entering, transiting through, anchoring 

in, or remaining within the area unless 

authorized by the COTP Miami or a 

designated representative. Persons and 

vessels may request authorization to 

enter, transit through, anchor in, or 

remain within the race area by 

contacting the COTP Miami by 

telephone at (305) 535–4300, or a 

designated representative via VHF radio 

on channel 16. If authorization to enter, 

transit through, anchor in, or remain 

within the race area is granted by the 

COTP Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Miami or a designated 

representative. The Coast Guard would 

provide notice of the special local 

regulation by a Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the following reasons: (1) 

The proposed special local regulation 

will be enforced for only 10 hours per 

day; a total of 20 hours; (2) although 

persons and vessels will not be able to 

enter, transit through, anchor in, or 

remain within the regulated area, 

without authorization from the COTP 

Miami or a designated representative, 

they may operate in the surrounding 

area during the enforcement period; (3) 

persons and vessels may still enter, 

transit through, anchor in, or remain 

within the regulated area during the 

enforcement period if authorized by the 

COTP Miami or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

special local regulation to the local 

maritime community through the Local 

Notice to Mariners and Broadcast Notice 

to Mariners via VHF–FM. 

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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit through the 

safety zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this proposed rule would economically 

affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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 proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves an SLR lasting 

approximately 10 hours on two separate 

days that will prohibit entry of persons 

or vessels during the Luminsea Offshore 

Powerboat Race. This action is 

categorically excluded from further 

review under paragraph L61 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
16700 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Proposed Rules 

on locating the docket, see the 

ADDRESSES section of this preamble. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0135 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the ‘‘Search Results’’ 

column, and click on it. Then click on 

the ‘‘Comment option.’’ If you cannot 

submit your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1 

■ 2. Add § 100.T799–0135 to read as 

follows: 

§ 100. T799–0135 Special Local 

Regulation: Luminsea Offshore Powerboat 

Race; Atlantic Ocean, Miami Beach, FL. 

(a) Location. The following regulated 

area is established as a SLR in the 

Atlantic Ocean; Miami Beach, FL. 

Coordinates are based on North 

American Datum 1983. 

(1) Regulated area. All waters of the 

Atlantic Ocean encompassed within the 

following points. Commence at Point A 

in position 25°46′11′′ N, 080°07′06′′ W; 

thence northwest to Point B in position 

25°46′56′′ N, 080°07′41′′ W; thence 

north-northeast to Point C in position 

25°48′44′′ N, 080°07′17′′ W; thence 

northeast to Point D in position 

25°49′10′′ N, 080°05′58′′ W; thence 

southeast to Point E in position 

25°48′40′′ N, 080°05′04′′ W; thence 

southwest to Point A. 

(2) [Reserved] 

(b) Definitions. (1) The term 

‘‘designated representative’’ means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, State, 

and Local officers designated by or 

assisting the COTP Miami in the 

enforcement of the regulated areas. 

(2) The term ‘‘Patrol Commander’’ 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the respective Coast 

Guard Sector Commander to enforce 

these regulations. 

(3) The term ‘‘spectators’’ means all 

persons and vessels not registered with 

the event sponsor as participants or 

official patrol vessels. 

(c) Regulations. (1) All nonparticipant vessels or persons are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

authorized by the COTP or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Miami by telephone at 

(305) 535–4472 or a designated 

representative via VHF–FM radio on 

channel 16, to request authorization. If 

authorization is granted, all persons and 

vessels receiving such authorization 

must comply with the instructions of 

the COTP Miami or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area through 

Broadcast Notice to Mariners via VHF– 

FM channel 16, on-scene designated 

representatives, and Local Notice to 

Mariners. 

(d) Enforcement period. This rule will 

be enforced from 8 a.m. until 6 p.m., on 

May 6, 2022 and May 7, 2022. 

Dated: March 21, 2022. 

J.F. Burdian, 

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

Port Miami. 

[FR Doc. 2022–06251 Filed 3–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Parcels Prepared in Soft Packaging 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The United States Postal 

Service (Postal Service) is proposing to 

amend Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM®) by adding new 

subsections to establish parcel selvage 

standards and to clarify how to measure 

parcels prepared in soft packaging. 

DATES: Submit comments on or before 

April 25, 2022. 

ADDRESSES: Mail or deliver written 

comments to the Director, Product 

Classification, U.S. Postal Service, 475 

L’Enfant Plaza SW, Room 4446, 

Washington, DC 20260–5015. If sending 

comments by email, include the name 

and address of the commenter and send 

to PCFederalRegister@usps.gov, with a 

subject line of ‘‘Parcels Prepared in Soft 

Packaging’’. Faxed comments are not 

accepted. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 


khammond on DSKJM1Z7X2PROD with PROPOSALS