19386 Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules and Regulations 

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.T08–0149 to read as 

follows: 

§ 165.T08–0149 Security Zone; Mississippi 

River, New Orleans, LA. 

(a) Location. The following area is a 

security zone: All navigable waters of 

Mississippi River, New Orleans, LA, 

within 400 yards of the Left Descending 

Bank (LDB) of the Lower Mississippi 

River (LMR) between Mile Marker (MM) 

94.5 and MM 96, Above Head of Passes 

(AHP), New Orleans, Louisiana. 

(b) Definitions. As used in this 

section, a designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector New Orleans. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector New Orleans (COTP) 

or the COTP’s designated representative. 

(2) Vessel requiring entry into this 

regulated area must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67 or by 

telephone at 504–365–2545. 

(3) Persons and vessels permitted to 

enter this security zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 7 p.m. 

on April 19, 2022, through April 21, 

2022, and from 7 a.m. to noon on April 

22, 2022. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement times and date for this 

regulated area through Broadcast 

Notices to Mariners (BNMs), Local 

Notice to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs), as appropriate. 

Dated: March 29, 2022. 

W.E. Watson, 

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

Port Sector New Orleans. 

[FR Doc. 2022–07023 Filed 4–1–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0216] 

RIN 1625–AA00 

Safety Zone for Pollution Responders; 

Neva Strait, Sitka, AK 

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 100-yard 

radius of oil spill recovery vessels in 

Neva Strait. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by pollution response 

efforts. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Southeast Alaska. 

DATES: This rule is effective without 

actual notice from April 4, 2022, until 

6 p.m. on April 29, 2022. For the 

purposes of enforcement, actual notice 

will be used from noon on March 25, 

2022, until April 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0216 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 Lieutenant Jesse Collins, 

Waterways Management Division, U.S. 

Coast Guard; telephone 907–463–2846, 

email Jesse.O.Collins@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 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 a vessel 

ran aground, causing a significant oil 

spill, and immediate action is needed to 

respond to the potential safety hazards 

associated with pollution response 

efforts. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by March 27, 2022. 

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 is needed to 

respond to the potential safety hazards 

associated with pollution response 

efforts in Neva Strait. 

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 Southeast Alaska 

(COTP) has determined that potential 

hazards associated with on-going 

pollution response efforts will be a 

safety concern for anyone within a 100- 

yard radius of oil spill recovery vessels 

in Neva Strait. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone for the 

duration of pollution response efforts. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

effective twenty-four hours per day from 

6 p.m. on March 27, 2022, until 6 p.m. 

on April 29, 2022. The safety zone will 

cover all navigable waters within 100 

yards of vessels and machinery being 

used by personnel to respond to a 

significant oil spill. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 


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Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules and Regulations 19387 

these navigable waters for the duration 

of pollution response efforts. 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, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit through the safety zone which 

would impact a small designated area of 

Neva Strait. Moreover, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow vessel 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 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 twenty-four hours per day 

that will prohibit entry within 100 yards 

of vessels and machinery being used by 

personnel to respond to a significant oil 

spill. It is categorically excluded from 

further review under paragraph L60(a) 

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 NAGIVATION 

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.T17–0216 to read as 

follows: 


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19388 Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules and Regulations 

§ 165.T17–0216 Safety Zone for Pollution 

Responders; Neva Strait, Sitka, AK. 

(a) Location. The following area is a 

safety zone: All waters of Neva Strait 

with a 100-yard radius of oil spill 

recovery vessels. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port (COTP) means 

the Commander, U.S. Coast Guard 

Sector Juneau. 

(2) 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 COTP Southeast Alaska 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 

designated representative by telephone 

at 907–463–2980 or on Marine Band 

Radio VHF–FM channel 16 (156.8 

MHz). The designated representative onscene can be contacted on Marine Band 

Radio VHF–FM channel 16 (156.8 

MHz). 

(3) 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 section 

will be enforced twenty-four hours per 

day from 6 p.m. on March 27, 2022, 

until 6 p.m. on April 29, 2022. 

Dated: March 25, 2022. 

D.A. Jensen, 

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

Port Southeast Alaska. 

[FR Doc. 2022–07001 Filed 4–1–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2021–OESE–0148] 

Final Definition—Supporting Effective 

Educator Development Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final definition. 

SUMMARY: The Department of Education 

(Department) announces a definition 

under the Supporting Effective Educator 

Development (SEED) program, 

Assistance Listing Number 84.423A. We 

may use this definition for competitions 

in fiscal year (FY) 2022 and later years. 

We take this action to clarify the 

conditions under which a nonprofit 

entity may be defined as a national 

entity. 

DATES: This definition is effective May 

4, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Christine Miller, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3C152, Washington, DC 20202. 

Telephone: (202) 260–7350. Email: 

christine.miller@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Purpose of Program: The SEED 

program provides funding to increase 

the number of highly effective educators 

by supporting the implementation of 

evidence-based practices that prepare, 

develop, or enhance the skills of 

educators. SEED grants allow eligible 

entities to develop, expand, and 

evaluate practices that can serve as 

models to be sustained and 

disseminated. 

Program Authority: Section 2242 of 

the Elementary and Secondary 

Education Act of 1965, as amended (20 

U.S.C. 6672). 

We published a notice of proposed 

definition (NPP) for this program in the 

Federal Register on December 15, 2021 

(86 FR 71207). The NPP contained 

background information and our reasons 

for proposing the definition. 

Except for minor editorial and 

technical revisions, there are no 

differences between the proposed 

definition and the final definition. 

Public Comment: In response to our 

invitation in the NPP, we received seven 

comments, six of which were relevant to 

the proposed definition and considered 

in the analysis. Of the six comments 

addressing the proposed definition, 

three expressed support for the 

definition. Of these three comments, 

one commenter offered a specific 

recommendation for revising the 

definition, and the other two 

commenters raised concerns that the 

definition de-emphasized the SEED 

program’s requirement that national 

nonprofit entities demonstrate evidence 

of educational effectiveness. The 

remaining three comments expressed 

disagreement with the definition, 

arguing that the definition would be too 

restrictive and would limit the potential 

pool of applicants from the nonprofit 

sector. Two commenters raised concerns 

that the definition would impose 

restrictions on nonprofit entities but not 

on institutions of higher education, 

which are also eligible applicants under 

the SEED program. Responses to these 

comments are found in the Analysis of 

the Comments and Changes below. 

Analysis of the Comments and 

Changes: An analysis of the comments 

and of any changes to the proposed 

definition follows. Generally, we do not 

address technical and other minor 

changes, or suggested changes we are 

not authorized to make under the 

applicable statutory authority. In 

addition, we do not address general 

comments that raised concerns not 

directly related to the NPP. We group 

major issues according to subject. 

Comment: In response to the 

proposed definition of ‘‘national 

nonprofit entity,’’ multiple commenters 

expressed general support for the 

definition. However, one commenter, 

while expressing general support for the 

definition, suggested a change to the 

language to specify that the national 

nonprofit entity provides services to 

teachers, principals, or other school 

leaders, rather than teachers, principals, 

and school leaders. 

Discussion: We appreciate the 

comment regarding the educators to be 

served by the national nonprofit entity 

and recognize the significance of the 

specific area they recommend 

emphasizing in the definition. Upon 

further review, we concur with the 

comment and recognize that this 

revision to the definition is consistent 

with the purposes of the program in 

section 2242(a) of the ESEA, which 

generally contemplate that services be 

provided to teachers, principals, or 

other school leaders. We are also 

clarifying in the definition that ‘‘school 

leader’’ has the meaning ascribed it in 

section 8101 of the ESEA. 

Changes: We have revised paragraph 

(2) of the definition to clarify that a 

national nonprofit entity serves 

teachers, principals, or other school 

leaders and that ‘‘school leader’’ has the 

meaning ascribed it in section 8101 of 

the ESEA. 

Comment: Multiple commenters 

opposed the definition’s requirement 

that a nonprofit entity provide services 

in three or more States to be qualified 

as national in scope. The commenters 

noted that the requirement seemed to 

narrow the pool of eligible applicants 

unnecessarily. The commenters 

suggested that the Department focus 

instead on the overall impact of a 

nonprofit entity and look at the number 

of educators served by an entity rather 

than quantifying its geographic reach. 

Discussion: We appreciate the 

comments on the requirement that 


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