Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21743 

that duplicate, overlap or conflict with 

this final rule. 

USDA is committed to complying 

with the E-Government Act, to promote 

the use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

The Committee’s meetings were 

widely publicized throughout the 

Washington apricot industry, and all 

interested persons are invited to attend 

the meetings and participate in 

Committee deliberations on all issues. 

Meetings are held virtually or in a 

hybrid style with participants having a 

choice whether to attend in person or 

virtually. 

A proposed rule concerning this 

action was published in the Federal 

Register on November 23, 2021 (86 FR 

66462). Copies of the proposal were 

provided by the Committee to members 

and handlers. Finally, the proposed rule 

was made available through the internet 

by AMS and the Office of the Federal 

Register. A 60-day comment period 

ending January 24, 2022, was provided 

to allow interested persons to respond 

to the proposal. During the comment 

period, one comment was received in 

response to the proposal. The comment 

received did not address the merits of 

this rule. Accordingly, no changes have 

been made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, AMS finds that 

this rule will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 922 as 

follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 922.235 [Stayed] 

■ 2. Section 922.235 is stayed 

indefinitely. 

Melissa Bailey, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–07830 Filed 4–12–22; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9959] 

RIN 1545–BP70 

Guidance Related to the Foreign Tax 

Credit; Clarification of Foreign-Derived 

Intangible Income 

Correction 

In Rule document 2021–27887, 

appearing on pages 276–376, in the 

issue of Tuesday, January 4, 2022, make 

the following corrections: 

§ 1.861–20 [Corrected] 

■ 1. On page 327, in the first column, in 

amendatory instruction Par. 22, the 

table is corrected to read as set forth 

below: 

Old paragraph New paragraph 

(b)(17) ....................... (b)(18) 

(b)(18) ....................... (b)(19) 

(b)(19) ....................... (b)(20) 

(b)(20) ....................... (b)(21) 

(b)(21) ....................... (b)(23) 

(b)(22) ....................... (b)(24) 

(b)(23) ....................... (b)(25) 

(b)(24) ....................... (b)(26) 

§ 1.905–3 [Corrected] 

■ 2. On page 373, in the first column, 

amendatory instruction Par. 29, is 

corrected to read as set forth below: 

■ Par. 29. Section 1.905–3 is amended: 

■ 1. In paragraph (a), by revising the 

first two sentences. 

■ 2. In paragraph (b)(1)(ii)(B)(1), by 

removing the language ‘‘USC Effective’’ 

and adding the language ‘‘USC. 

Effective’’ in its place. 

■ 3. By adding paragraph (b)(4). 

■ 4. By revising paragraph (d). 

[FR Doc. C1–2021–27887 Filed 4–8–22; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Parts 1210, 1218, and 1243 

[Docket No. ONRR–2011–0023; DS63644000 

DRT000000.CH7000 223D1113RT] 

RIN 1012–AA28 

Mailing and Email Address 

Amendments 

AGENCY: Office of Natural Resources 

Revenue (‘‘ONRR’’), Interior. 

ACTION: Final rule. 

SUMMARY: ONRR is publishing this final 

rule to update room number, mailstop, 

and other information for filing certain 

forms by mail, courier, or overnight 

delivery. It also provides email 

addresses for filing certain forms 

electronically. 

DATES: This rule is effective May 13, 

2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions on procedural and technical 

issues, contact Ginger J. Hensley, 

Regulatory Specialist, by telephone at 

(303) 231–3171 or email at ONRR_

RegulationsMailbox@onrr.gov. 

SUPPLEMENTARY INFORMATION: 

I. Explanation of Amendments 

II. Procedural Matters 

I. Explanation of Amendments 

ONRR regulations at 30 CFR parts 

1210, 1218, and 1243 authorize various 

forms to be filed with ONRR related to 

Federal and Indian royalty reporting 

and payment and appeal bonding by 

mail, courier, or overnight delivery. As 

further described in the amendatory 

instructions, this final rule amends 

these parts to update room number, 

mailstop, or other information for these 

delivery methods. 

Title 30 CFR 1210.151 authorizes 

form ONRR–4393, Request to Exceed 

Regulatory Allowance Limitation, to be 

filed with ONRR by mail, courier, 

overnight delivery, or email, but it does 

not provide an email address for doing 

so. This final rule amends this section 

to specify royaltyvaluation@onrr.gov as 

the email address for filing form ONRR– 

4393 with ONRR by email. 

Title 30 CFR 1210.151, 1210.152, and 

1210.153 authorize various forms to be 

filed with ONRR related to royalty 

reporting for Indian leases by mail, 

courier, or overnight delivery. This final 

rule amends these sections to also 

authorize the filing of these forms with 

ONRR electronically by email to 

onrrindianforms@onrr.gov. 

This is a final rulemaking with no 

request for public comment. This 


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21744 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

rulemaking is exempt from the notice 

and comment requirements of 5 U.S.C. 

553(b) because it relates to a rule ‘‘of 

agency organization, procedure, or 

practice’’ under 5 U.S.C. 553(b)(A). 

Furthermore, 5 U.S.C. 553(b)(B) 

provides an exception to the public 

comment requirement when an agency 

for good cause finds that ‘‘notice and 

public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ ONRR finds that 

public comment is not necessary 

because this is a technical rule to amend 

ONRR’s mailing and email addresses. 

II. Procedural Matters 

A. Regulatory Planning and Review 

(E.O. 12866 and E.O. 13563) 

E.O. 12866 provides that the Office of 

Information and Regulatory Affairs 

(‘‘OIRA’’) will review all significant 

rules. OIRA has determined that this 

rule is not significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability and 

reduce uncertainty, and to use the most 

innovative and least burdensome tools 

for achieving regulatory ends. 

Furthermore, E.O. 13563 directs 

agencies to consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public where these 

approaches are relevant, feasible, and 

consistent with regulatory objectives. 

E.O. 13563 also emphasizes that 

regulations must be based on the best 

available science and that the 

rulemaking process must allow for 

public participation and an open 

exchange of ideas. ONRR developed this 

rule in a manner consistent with these 

requirements. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., generally requires 

Federal agencies to prepare a regulatory 

flexibility analysis for rules that are 

subject to the notice-and-comment 

rulemaking requirements under the 

APA if the rule would have a significant 

economic impact on a substantial 

number of small entities. See 5 U.S.C. 

601–612. The Department of the Interior 

certifies that this final rule will not have 

a significant economic effect on a 

substantial number of small entities. 

This final rule will impact large and 

small entities but will not have a 

significant economic effect on either 

because it is a technical rule to update 

addresses and to provide email 

addresses that a person may elect to use 

to submit certain documents 

electronically. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is not a major rule 

under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 

804(2)). This final rule: 

(1) Does not have an annual effect on 

the economy of $100 million or more. 

(2) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(3) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

D. Unfunded Mandates Reform Act 

This final rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. This 

final rule does not have a significant or 

unique effect on State, local, or Tribal 

governments, or the private sector. 

Therefore, ONRR is not required to 

provide a statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.). 

E. Takings (E.O. 12630) 

Under the criteria in E.O. 12630, this 

final rule does not have any significant 

takings implications. This final rule 

applies to Outer Continental Shelf and 

Federal and Indian onshore leases. It 

does not apply to private property. A 

takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this final rule does not have 

sufficient federalism implications that 

warrant the preparation of a federalism 

summary impact statement. This is a 

technical rule to amend ONRR’s mailing 

and email addresses. A federalism 

summary impact statement is not 

required. 

G. Civil Justice Reform (E.O. 12988) 

This final rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

1. Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

2. Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. 

ONRR has evaluated this rule under the 

Department’s consultation policy and 

under the criteria in E.O. 13175 and has 

determined that it has no substantial 

direct effect on federally recognized 

Indian Tribes and that consultation 

under the Department’s Tribal 

consultation policy is not required. 

I. Paperwork Reduction Act 

This final rule does not contain 

information collection requirements. A 

submission to the Office of Management 

and Budget under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

is not required. 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(‘‘NEPA’’) is not required because this 

rule is categorically excluded under: 

‘‘Policies, directives, regulations, and 

guidelines: that are of an administrative, 

financial, legal, technical, or procedural 

nature.’’ See 43 CFR 46.210(i) and DOI 

Departmental Manual, part 516, section 

15.4.D. ONRR has determined that this 

rule is not involved in any of the 

extraordinary circumstances under 43 

CFR 46.215 that would require further 

analysis under NEPA. The procedural 

changes resulting from these 

amendments have no consequences 

with respect to the physical 

environment. This rule will not alter in 

any material way natural resource 

exploration, production, or 

transportation. 

K. Effects on the Energy Supply (E.O. 

13211) 

This final rule is not a significant 

energy action under the definition in 

E.O. 13211. A Statement of Energy 

Effects is not required. 

L. Clarity of This Regulation 

ONRR is required by E.O.s 12866 

(section 1 (b)(12)), 12988 (section 

3(b)(1)(B)), and 13563 (section 1(a)), and 

by the Presidential Memorandum of 

June 1, 1998, to write all rules in plain 

language. This means that each rule 

ONRR publishes must use: 

(1) Logical organization. 


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Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21745 

(2) Active voice to address readers 

directly. 

(3) Clear language rather than jargon. 

(4) Short sections and sentences. 

(5) Lists and tables wherever possible. 

If you feel that ONRR has not met 

these requirements, send your remarks 

to ONRR_RegulationsMailbox@onrr.gov. 

To better help ONRR revise the rule, 

your remarks should be as specific as 

possible. For example, you should tell 

ONRR the numbers of the sections or 

paragraphs that are not clearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

List of Subjects 

30 CFR Part 1210 

Continental shelf, Geothermal energy, 

Government contracts, Indians—lands, 

Mineral royalties, Oil and gas 

exploration, Public lands—mineral 

resources, Reporting and recordkeeping 

requirements, Sulfur. 

30 CFR Part 1218 

Continental shelf, Electronic funds 

transfers, Indian lands, Mineral 

royalties, Oil and gas exploration, 

Public lands mineral resources, 

Reporting and recordkeeping 

requirements. 

30 CFR Part 1243 

Administrative practice and 

procedure, Government contracts, 

Mineral royalties, Public lands— 

minerals resources. 

Kimbra G. Davis, 

Director for the Office of Natural Resources 

Revenue. 

Authority and Issuance 

For the reasons discussed in the 

preamble, under the authority provided 

by Reorganization Plan No. 3 of 1950 

(64 Stat. 1262) and Secretarial Order No. 

3299, ONRR amends parts 1210, 1218, 

and 1243 of title 30 CFR, chapter XII as 

follows: 

PART 1210—FORMS AND REPORTS 

■ 1. The authority citation for 30 CFR 

part 1210 continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396, 2107; 30 U.S.C. 189, 190, 359, 1023, 

1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 

1334, 1801 et seq.; and 44 U.S.C. 3506(a). 

§§ 1210.55, 1210.105, 1210.151, 1210.152, 

1210.153, 1210.154, 1210.155, 1210.156, 

1210.157, 1210.158, 1210.201, 1210.205 

[Amended] 

■ 2. In the following table, amend the 

sections indicated in the left column by 

removing the text in the center column 

and adding in its place the text in the 

right column: 

Amend By removing the reference to: And adding in its place: 

§ 1210.55(b)(2) ..................................... Room A–614 ........................................................... Room A322. 

§ 1210.105(b)(2) ................................... Room A–614 ........................................................... Room A322. 

§ 1210.151(c)(2) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 643000B, Denver, CO 

80225–0165. 

§ 1210.151(c)(3) ................................... Room A–614 ........................................................... Room A322. 

§ 1210.152(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 634000B, Denver, CO 

80225–0165. 

§ 1210.152(c)(2) ................................... Room A–614 ........................................................... Room A322. 

§ 1210.153(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 634000B, Denver, CO 

80225–0165. 

§ 1210.153(c)(2) ................................... Room A–614 ........................................................... Room A322. 

§ 1210.154(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 63240B, Denver, CO 80225– 

0165. 

§ 1210.154(c)(2) ................................... Room A–614, MS 392B2 ........................................ Room A322. 

§ 1210.156(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 633000B, Denver, CO 

80225–0165. 

§ 1210.156(c)(2) ................................... Room A–614, MS 382B2 ........................................ Room A322. 

§ 1210.157(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 63230B, Denver, CO 80225– 

0165. 

§ 1210.157(c)(2) ................................... Room A–614, MS 64220 ........................................ Room A322. 

§ 1210.158(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 633000B, Denver, CO 

80225–0165. 

§ 1210.158(c)(2) ................................... Room A–614 ........................................................... Room A322. 

§ 1210.201(c)(3)(i) ................................ P.O. Box 25627, Denver, CO 80225–0627 ............ P.O. Box 25165, MS 633000B, Denver, CO 

80225–0165. 

§ 1210.201(c)(3)(ii) ............................... Room A–614 ........................................................... Room A322. 

§ 1210.202(c)(2)(i) ................................ Solid Minerals and Geothermal (A&C), MS 

62530B., Denver, Colorado 80225–0165.

P.O. Box 25165, MS 633000B, Denver, CO 

80225–0165. 

§ 1210.202(c)(2)(ii) ............................... Solid Minerals and Geothermal (A&C), MS 

62530B, Room A–614, Bldg 85, DFC, Denver 

Colorado 80225.

MS 633000B, Room A322, Bldg. 85, DFC, Denver, Colorado 80225–0165. 

§ 1210.205(c)(1) ................................... P.O. Box 25165, Denver, CO 80225–0165 ............ P.O. Box 25165, MS 633000B, Denver, CO 

80225–0165. 

§ 1210.205(c)(2) ................................... Room A–614 ........................................................... Room A322. 

■ 3. Amend § 1210.151 by revising 

paragraph (c)(1) to read as follows: 

§ 1210.151 What reports must I submit to 

claim an excess allowance? 

* * * * * 

(c) * * * 

(1) Complete and submit the form 

electronically as an email attachment to 

royaltyvaluation@onrr.gov; 

* * * * * 

■ 4. Amend § 1210.152 by: 

■ a. Removing ‘‘or’’ at the end of 

paragraph (c)(1); 

■ b. Removing the period at the end of 

paragraph (c)(2) and adding ‘‘; or’’ in its 

place; and 

■ c. Adding paragraph (c)(3). 

The addition reads as follows: 

§ 1210.152 What reports must I submit to 

claim allowances on an Indian lease? 

* * * * * 


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21746 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

(c) * * * 

(3) Complete and submit the form 

electronically as an email attachment to 

onrrindianforms@onrr.gov. 

■ 5. Amend § 1210.153 by: 

■ a. Removing ‘‘or’’ at the end of 

paragraph (c)(1); 

■ b. Removing the period at the end of 

paragraph (c)(2) and adding ‘‘; or’’ in its 

place; and 

■ c. Adding paragraph (c)(3). 

The addition reads as follows: 

§ 1210.153 What reports must I submit for 

Indian gas valuation purposes? 

* * * * * 

(c) * * * 

(3) Complete and submit the form 

electronically as an email attachment to 

onrrindianforms@onrr.gov. 

■ 6. Amend § 1210.205 by: 

■ a. Removing the ‘‘or’’ at the end of 

paragraph (c)(1); 

■ b. Removing the period at the end of 

paragraph (c)(2) and adding ‘‘; or’’ in its 

place; and 

■ c. Adding paragraph (c)(3). 

The addition reads as follows: 

§ 1210.205 What reports must I submit to 

claim allowances on Indian coal leases? 

* * * * * 

(c) * * * 

(3) Complete and submit the form 

electronically as an email attachment to 

onrrindianforms@onrr.gov. 

PART 1218—COLLECTION OF 

ROYALTIES, RENTALS, BONUSES, 

AND OTHER MONEYS DUE THE 

FEDERAL GOVERNMENT 

■ 7. The authority citation for 30 CFR 

part 1218 continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396 et seq., 396a et seq., 2101 et seq.; 30 

U.S.C. 181 et seq., 351 et seq., 1001 et seq., 

1701 et seq.; 31 U.S.C. 3335, 3711, 3716–18, 

3720A, 9701; 43 U.S.C. 1301 et seq., 1331 et 

seq., and 1801 et seq. 

§ 1218.51 [Amended] 

■ 8. Amend § 1218.51 in paragraph (e) 

by removing ‘‘Room A–614’’ and adding 

‘‘Room A322’’ in its place. 

PART 1243—SUSPENSIONS, PENDING 

APPEAL AND BONDING—OFFICE OF 

NATURAL RESOURCES REVENUE 

■ 9. The authority citation for 30 CFR 

part 1243 continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396 et seq., 396a et seq., 2101 et seq.; 30 

U.S.C. 181 et seq., 351 et seq., 1001 et seq., 

1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 

et seq., 1331 et seq., and 1801 et seq. 

§ 1243.200 [Amended] 

■ 10. Amend § 1243.200 by: 

■ a. In paragraph (a)(1), removing ‘‘MS 

64200B’’ and adding ‘‘MS 642000B’’ in 

its place; and 

■ b. In paragraph (a)(2), removing ‘‘MS 

64200B, Document Processing Team, 

Room A–614’’ and adding ‘‘MS 

642000B, Room A322’’ in its place. 

[FR Doc. 2022–06639 Filed 4–12–22; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0250] 

RIN 1625–AA00 

Safety Zone; Tennessee River, 

Chattanooga, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Tennessee 

River from mile marker (MM) 464.0 to 

464.5. The temporary safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by 

Chattanooga Presents—TN Aquarium 

30th Anniversary Fireworks. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on April 30, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0250 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 Petty Officer Third Class 

Benjamin Gardner, Marine Safety 

Detatchment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email 

Benjamin.T.Gardner@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 it is 

impracticable. We must establish this 

safety zone immediately 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 this rule would be 

contrary to public safety due to the 

danges associated with fireworks. 

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 Ohio Valley 

(COTP) has determined that potential 

hazards associated with the Chattanooga 

Presents—TN Aquarium 30th 

Anniversary Fireworks starting April 30, 

2022, will be a safety concern for 

anyone within mile marker (MM) 464.0 

to 464.5 on the Tennessee River. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone during the firework display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 9 p.m. through 10 p.m. 

on April 30, 2022. The safety zone will 

cover all navigable waters between 

MM464.0 to 464.5 on the Tennessee 

River, extending the entire width of the 

river. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the fireworks 

display is occuring. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Ohio Valley. 


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