[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Pages 21748-21750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07656]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#82f4ebf0e5ebecebe3f5e3f6e7f0f5e3fbf1c2f7f1e1e5acefebee"><span class="__cf_email__" data-cfemail="1d6b746f7a7473747c6a7c69786f6a7c646e5d686e7e7a33707471">[email protected]</span></a>.

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
Sec.  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 
on-scene 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

[[Page 21749]]

wreckage site and it is necessary to keep the area clear while 
assessments and salvage operations are being conducted. This rule is 
needed to protect persons who may transit in the vicinity of the 
wreckage site which involves on-going damage assessments, the potential 
for floating wreckage debris, potential pollution, and salvage 
operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone through May 6, 2022. 
The safety zone includes all navigable waters within 500 yards of the 
wreckage site at approximate position 37[deg]59.27' N, 075[deg]18.75' W 
just north of Wildcat Point. The extended duration of the zone is 
intended to protect personnel, vessels, and the maritime 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, 
location, and limited duration of the safety zone. This zone impacts a 
small designated area of the Chincoteague Bay for a total of no more 
than 30 days and operations may suspend early at the discretion of the 
Captain of the Port, Sector Virginia.

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 for 30 days that will prohibit entry within certain 
navigable waters of the Chincoteague Bay. 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.

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:

[[Page 21750]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.

0
2. Add Sec.  165.T05-0751 to read as follows:


Sec.  165.T05-0751  Safety Zone; Chincoteague Bay, Chincoteague, VA

    (a) Location. The following area is a safety zone: All waters of 
the Chincoteague Bay extending 500 yards from centerpoint of the 
wreckage site at approximate position 37[deg] 59.27' N, 075[deg] 
18.75'' W just north of Wildcat Point.
    (b) Definitions. As used in this section, 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 
Captain of the Port Sector Virginia (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. 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 VHF/FM Chanel 16. 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 rule will be enforced April 7, 2022, 
through May 6, 2022, unless an earlier end is announced by broadcast 
notice to mariners.

    Dated: April 5, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2022-07656 Filed 4-12-22; 8:45 am]
BILLING CODE 9110-04-P


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