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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Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21747 

Vessels requiring entry into this safety 

zone must request permission from the 

COTP or a designated representative. To 

seek entry into the safety zone, contact 

the COTP or the COTP’s representative 

by telephone at 502–779–5422 or on 

VHF–FM channel 16. 

Persons and vessels permitted to enter 

this safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. 

The COTP or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and Marine Safety Information 

Bulletins (MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

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. This 

safety zone restricts transit on a point 

five segment of the Tennessee River for 

1 hour on one day. Moreover, the Coast 

Guard will issue Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and Marine Safety 

Information Bulletins (MSIBs) about this 

safety zone so that waterway users may 

plan accordingly for this short 

restriction on transit, and the rule 

allows vessels to request 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 only 1 hour that will 

prohibit entry between MM 464.0 to 

464.5 on the Tennessee River for the 

fireworks display. It is categorically 

excluded from further review under 

paragraph L60 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. Due to the emergency 

nature of this rulemaking, a Record of 

Environmental Consideration is not 

required. 

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. 


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21748 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

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. 0170.1., Revision No. 01.2.Inserting 

required closing tag for E. 

■ 2. Add § 165.T08–0250 to read as 

follows: 

§ 165.T08–0250 Safety Zone; Tennessee 

River, Chattanooga, TN. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Tennessee River, Mile Markers 464.0 to 

464.5, extending the entire width of the 

river. 

(b) Periods of enforcement. This 

section will be enforced from 9 p.m. 

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

(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 Captain 

of the Port Sector Ohio Valley (COTP) 

or the COTP’s 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. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and 

Marine Safety Information Bulletins 

(MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

Dated: April 6, 2022. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2022–07819 Filed 4–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0751] 

RIN 1625–AA00 

Safety Zone; Chincoteague Bay, 

Chincoteague, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters within a 500- 

yard radius from centerpoint of a 

downed aircraft reported within 

Chincoteague Bay just north of Wildcat 

Point. 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 aircraft, through May 6, 2022. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Virginia or designated 

representative. 

DATES: This rule is effective without 

actual notice from April 13, 2022 

through May 6, 2022. For the purposes 

of enforcement, actual notice will be 

used from April 7, 2022, until April 13, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0751 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 LCDR Ashley Holm, Sector 

Virginia, Waterways Management 

Division, U.S. Coast Guard, Telephone: 

757–668–5580, email: 

virginiawaterways@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 31, 2022, the Coast Guard 

issued notification of a rulemaking 

creating a temporary safety zone on the 

navigable waters of Chincoteague Bay to 

protect persons and vessels during 

damage assessment and salvage 

operations at the aircraft wreck site. The 

original safety zone was effective 

through April 7, 2022. A copy of the 

rulemaking that ended on April 7, 2022 

is available in the Docket USCG–2022– 

0751, which can be found using 

instructions in the ADDRESSES section. 

However, additional time is needed to 

conduct the damage assessment and 

salvage operations, and, as a result, the 

Coast Guard is establishing through 

temporary regulations a safety zone that 

will be in effect through May 6, 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 

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. 

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 to restrict 

vessel traffic within the aircraft 

wreckage site is needed to protect life, 

property and the environment, therefore 

a 30-day notice period is impracticable. 

Delaying the effective date would be 

contrary to the safety zone’s intended 

objectives of providing immediate 

protection to on-scene emergency 

personal, creating a working buffer 

necessary to mitigate any safety and 

potential pollution threats caused by the 

wreckage and establishing immediate 

maritime safety in the vicinity of onscene salvage and damage assessments. 

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 Sector Virginia 

(COTP) has determined that potential 

hazards exist within the aircraft 


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