16638 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 

TABLE 1—CHANGES TO THE SCHEDULE OF FEES—Continued 

Item No. Proposed 

fee Current fee Change in fee 

Percentage 

increase 

Projected 

annual 

number of 

applications 1

Estimated 

change in 

annual fees 

collected 2

Change 

in state 

retained 

fees 

Change 

in remittance 

to Treasury 

*******

74. Return Check Processing Fee ................... $0 $25 ($25) (100%) 8,293 ($207,325) $0 ($207,325) 

1Based on estimated FY 2021 workload calculated with 8/1/2021 actual demand. 

2 Using FY 2021 workload to generate collections. This will be a reduction in total annual remittance to Treasury. 

Executive Orders 12372 and 13132 

This regulation will not have 

substantial direct effects 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. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

federal programs and activities do not 

apply to this regulation. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or record-keeping 

requirements subject to the Paperwork 

Reduction Act. 

List of Subjects in 22 CFR Part 22 

Consular services, Fees. 

Accordingly, for the reasons stated in 

the preamble, 22 CFR part 22 is 

amended as follows: 

PART 22—SCHEDULE OF FEES FOR 

CONSULAR SERVICES— 

DEPARTMENT OF STATE AND 

FOREIGN SERVICE 

■ 1. The authority citation for part 22 

continues to read as follows: 

Authority: 8 U.S.C. 1101 note, 1153 note, 

1157 note, 1183a note, 1184(c)(12), 1201(c), 

1351, 1351 note, 1713, 1714, 1714 note; 10 

U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 

1475e, 2504(h), 2651a, 4206, 4215, 4219, 

6551; 31 U.S.C. 9701; Exec. Order 10718, 22 

FR 4632 (1957); Exec. Order 11295, 31 FR 

10603 (1966). 

■ 2. Amend § 22.1 by 

■ a. Revising the introductory text; and 

■ b. In the table, removing and reserving 

entry 74. 

The revision reads as follows: 

§ 22.1 Schedule of Fees 

The following table sets forth the fees 

for the following categories listed on the 

U.S. Department of State’s Schedule of 

Fees for Consular Services: 

* * * * * 

Rena Bitter, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2022–06131 Filed 3–23–22; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0750] 

RIN 1625–AA00 

Safety Zone; Chesapeake Bay, 

Craighill Channel, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending 

the duration of a temporary safety zone 

on certain navigable waters of the 

Chesapeake Bay. 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 freight ship 

EVER FORWARD, through 9 p.m. on 

April 13, 2022. This rule prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port, Maryland-National 

Capital Region or a designated 

representative. 

DATES: This rule is effective without 

actual notice from March 24, 2022 until 

9 p.m. on April 13, 2022. For the 

purposes of enforcement, actual notice 

will be used from 9 p.m. on March 20, 

2022, until March 24, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0750 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 Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

2674, email Ronald.L.Houck@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On March 14, 2022, the Coast Guard 

issued a final rule establishing a 

temporary safety zone on certain 

navigable waters of the Chesapeake Bay 

to protect persons and vessels during 

damage assessment and salvage 

operations at the grounded 1,102-foot 

Hong Kong-flagged motor vessel EVER 

FORWARD. The orignal rule runs 

through 9 p.m. on March 20, 2022. 

However, additional time is needed to 

conduct the damage assessment and 

salvage operations and, as a result, the 

Coast Guard needs to extend the safety 

zone through 9 p.m. on April 13, 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 


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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 16639 

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. Immediate 

action is needed to continue to protect 

persons and vessels from the hazards 

associated with carrying out damage 

assessment and salvage operations of 

the motor vessel EVER FORWARD that 

must occur within the federal 

navigation channel. It is impracticable 

and contrary to the public interest to 

publish an NPRM, because the 

extension needs to be in place by March 

21, 2022. 

We are issuing this rule under 5 

U.S.C. 553(d)(3), and in accordance with 

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 and contrary to 

the public interest, because immediate 

action is needed to continue to respond 

to the potential safety hazards 

associated with damage assessment and 

salvage operations of the motor vessel 

EVER FORWARD being conducted 

within the federal navigation channel. 

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 COTP 

has determined there are potential 

hazards associated with damage 

assessment and salvage operations. The 

work is a safety concern for anyone 

transiting the Chesapeake Bay within a 

500-yard radius of the motor vessel 

EVER FORWARD. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

damage assessment and salvage 

operations are being conducted. 

IV. Discussion of the Rule 

This rule extends the effective dates 

of an established safety zone, originally 

established on March 14, 2022 and 

effective through 9 p.m. on March 20, 

2022, through 9 p.m. on April 13, 2022. 

The safety zone includes all navigable 

waters within 500 yards of the motor 

vessel EVER FORWARD. The extended 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine 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 of the safety zone, 

which will impact only vessel traffic 

required to transit certain navigation 

channels of the Chesapeake Bay for a 

total of no more than 30 days. Although 

this waterway supports both 

commercial and recreational vessel 

traffic, portions of the federal navigation 

channel in the Chesapeake Bay will be 

opened as damage assessment and 

salvage operations allow. Moreover, the 

Coast Guard will issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about 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 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 


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16640 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 

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 

temporary safety zone that prohibits 

entry within 500 yards of the motor 

vessel EVER FORWARD. 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. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

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: 

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.T05–0750 to read as 

follows: 

§ 165.T05–0750 Safety Zone; Chesapeake 

Bay, Craighill Channel, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Chesapeake Bay, within a 500-yard 

radius of the motor vessel EVER 

FORWARD during damage assessment 

and salvage operations. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer, 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 Maryland-National Capital 

Region (COTP) in the enforcement of the 

safety zone. 

(c) Regulations. (1) 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 telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

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 officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 9 p.m. on March 

20, 2022, through 9 p.m. on April 13, 

2022. 

Dated: March 17, 2022. 

David E. O’Connell, 

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

Port Sector Maryland-NCR. 

[FR Doc. 2022–06230 Filed 3–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0487; FRL–8931–03– 

R3] 

Air Plan Approval; West Virginia; 2020 

Amendments to West Virginia’s 

Ambient Air Quality Standards; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) issued a final rule on 

September 23, 2021, entitled ‘‘Air Plan 

Approval; West Virginia; 2020 

Amendments to West Virginia’s 

Ambient Air Quality Standards.’’ This 

current action corrects an inadvertent 

error in the DATES section of the final 

rule by setting an effective date for the 

state implementation plan (SIP) revision 

submitted by the State of West Virginia. 

West Virginia’s revision updated the 

incorporation by reference of EPA’s 

national ambient air quality standards 

(NAAQS) and the associated monitoring 

reference and equivalent methods. This 

correction does not change West 

Virginia’s previously approved 

incorporation by reference, only the 

DATES section in the preamble removing 

the request for comments and replacing 

it with the effective date assigned to it. 

DATES: This correction is effective 

March 24, 2022, and is applicable 

beginning October 25, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2020–0487. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Serena Nichols, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, PA 19103. 

The telephone number is (215) 814– 

2053. Ms. Nichols can also be reached 

via electronic mail at Nichols.Serena@

epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 23, 2021 (86 FR 52837), EPA 

published a final rule action 

announcing our approval of West 

Virginia’s revision updating the 

incorporation by reference of EPA’s 

NAAQS and the associated monitoring 

reference and equivalent methods. In 

the document, we inadvertently opened 

another comment period instead of 

setting an effective date for the rule. 

EPA had previously opened a 30-day 

public comment period for this action in 

the notice of proposed rulemaking 

(NPRM) published on February 9, 2021 


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