34834 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Proposed Rules 

■ c. Removing the parenthetical 

authority citation at the end of the 

section. 

The revisions read as follows: 

§ 25.292 Daily records of operations. 

(a) * * * 

(8) Beer removed for consumption or 

sale. 

(i) For each removal of beer from the 

brewery, the record will show the date 

of removal, the person to whom the beer 

was shipped or delivered (not required 

for sales in quantities of one-half barrel 

or less for delivery at the brewery), and 

the quantities of beer removed in kegs 

and in bottles. 

(ii) For removals of beer for sale and 

consumption at the brewery, the record 

will show, for each day of operation, the 

barrel equivalent of: The total bottles of 

beer sold for consumption at the 

brewery; the total amount of beer 

poured from any tank(s) and sold for 

consumption at the brewery; and the 

barrels or kegs tapped for the sale of 

beer for consumption at the brewery. 

Barrel equivalents must be calculated in 

accordance with §§ 25.156 through 

25.158. The daily record will be 

supported by records of individual sales 

transactions. 

* * * * * 

(11) Beer provided gratuitously for 

consumption at the brewery and not as 

part of a retail service operation. 

* * * * * 

■ 28. Section 25.294 is amended by: 

■ a. Revising paragraph (a); 

■ b. Redesignating paragraphs (b) and 

(c) as paragraphs (c) and (d), 

respectively; 

■ c. Adding a new paragraph (b); 

■ d. Adding headings to newly 

redesignated paragraphs (c) and (d); 

■ e. Removing the word ‘‘shall’’ each 

place it appears in newly redesignated 

paragraphs (c) introductory text and (d) 

and adding, in its place, ‘‘must’’; and 

■ f. Removing the parenthetical 

authority citation at the end of the 

section. 

The additions and revision read as 

follows: 

§ 25.294 Inventories. 

(a) General. The brewer must take a 

physical inventory of beer and cereal 

beverage at least once each calendar 

month. The brewer must take this 

inventory within 15 days of the close of 

the calendar month for which made. 

(b) Exception for annual and quarterly 

filers. A brewer authorized to use an 

annual return period under 

§ 25.164(c)(2) need only take a physical 

inventory of beer and cereal beverage in 

the month that their annual tax return 

is due. A brewer authorized to use a 

quarterly return period under 

§ 25.164(c)(3) need only take physical 

inventories of beer and cereal beverage 

in the months in which their quarterly 

tax returns are due. The brewer must 

take the inventories required by this 

paragraph (b) within 15 days of the 

close of the calendar month in which 

made. 

(c) Inventory record. * * * 

(d) Record retention. * * * 

■ 29. Section 25.300 is amended by: 

■ a. Revising paragraph (a); and 

■ b. Removing the word ‘‘shall’’ in 

paragraph (b) and adding, in its place, 

‘‘must’’; and 

■ c. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 25.300 Retention and preservation of 

records. 

(a) Place of maintenance. Records 

required by this part generally will be 

prepared and kept by the brewer at the 

brewery premises where the operation 

or transaction occurs and will be 

available for inspection by any 

appropriate TTB officer during business 

hours. If a brewer desires to keep the 

required records at any location other 

than the brewery premises, they must 

first provide written notice to the 

appropriate TTB officer of the location 

where the records are to be kept. Any 

brewer keeping records at a location 

other than the brewery premises must 

make them available at the brewery 

premises upon request of the 

appropriate TTB officer; however, the 

appropriate TTB officer may allow the 

brewer to supply copies (including 

electronic copies) of such records 

instead of the originals. 

* * * * * 

Signed: May 27, 2022. 

Mary Ryan, 

Administrator. 

Approved: May 27, 2022. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade and 

Tariff Policy). 

[FR Doc. 2022–11902 Filed 6–7–22; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0199] 

RIN 1625–AA11 

Regulated Navigation Area; 

Environmental Protection Agency 

Superfund Site, Point Ruston, 

Commencement Bay, Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a permanent regulated 

navigation area (RNA) for all navigable 

waters within the area of lines drawn 

from Dune Park downward to the Point 

Ruston Historic Ferry dock on 

Commencement Bay, WA. This RNA is 

necessary to preserve the integrity of 

protective sediment caps placed in 

multiple areas within this waterway as 

part of the remediation process at the 

Commencement Bay, Nearshore/ 

Tideflats Environmental Protection 

Agency (EPA) Superfund Cleanup site. 

This RNA would prohibit activities 

which would disturb the seabed, such 

as anchoring, dragging, trawling, 

spudding, or other activities that 

involve disrupting the integrity of the 

sediment cap, unless authorized by the 

Captain of the Port (COTP) Puget Sound 

or their Designated Representative. The 

RNA would not affect the transit or 

navigation within this waterway. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 8, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0199 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Mr. Rob 

Nakama, Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6089, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 


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Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Proposed Rules 34835 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On December 6, 2021, the United 

States Environmental Protection Agency 

Region 10 notified the Coast Guard that 

it requests the establishment of an RNA 

or ‘‘No Anchor Zone’’ for commercial 

vehicles within the Operable Unit 6 

(OU6) Asarco sediment cap in the 

Commencement Bay Nearshore/Tideflat 

(CB–NT) Superfund site. This RNA 

would prohibit activities that could 

disrupt the integrity of the engineered 

sediment caps that have been placed 

within the OU6 Asarco sediment cap. 

These activities include vessel 

grounding, anchoring, dragging, 

trawling, spudding or other such 

activities that would disturb the 

integrity of the sediment caps. 

The purpose of this rulemaking is to 

prevent disruption of the sediment caps 

which may result in hazardous 

conditions and harm to the marine 

environment. As such, this RNA is 

necessary to help ensure the sediment 

cap is protected and will do so by 

prohibiting maritime activities that 

could disturb or damage it. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70011 and 70034. The Secretary of the 

Department of Homeland Security 

(DHS) delegated these statutory 

authorities to the Coast Guard through 

DHS Delegation No. 00170.1(70), 

Revision No. 01.2. Section 46 U.S.C. 

70011 generally authorizes the Coast 

Guard to take such action as is 

necessary to protect the navigable 

waters and the resources therein from 

harm resulting from vessel or structure 

damage, destruction, or loss. Section 

70034 authorizes the Coast Guard to 

issue regulations that are necessary to 

implement 46 U.S.C. Chapter 700. 

III. Discussion of Proposed Rule 

The Coast Guard is proposing to 

establish a permanent regulation 

restricting activities such as anchoring, 

dragging, trawling, or other activities 

that involve disrupting the integrity of 

sediment caps located within the 

Commencement Bay Nearshore/Tideflat, 

WA. Activities common in the proposed 

regulated areas include tugboat and lografting activities, tugboat moorage, 

removal and launching of boats for 

repair and other maintenance activities. 

The thick-layer cap areas were designed 

to be compatible with the activities 

described above that are associated with 

a working waterfront. The material used 

for the cap was chosen to be able to 

contain underlying sediments without 

altering the main activities of the 

working waterways. No vessel or person 

would be permitted to perform the 

aforementioned activities without 

obtaining permission from the Captain 

of the Port, Puget Sound (COTP) or a 

designated representative. 

The RNA would include all waters 

within Dune Park downward to the 

Point Ruston Historic Ferry dock on 

Commencement Bay, WA, encompassed 

by a line connecting the following 

points beginning at 47°18′12.0′′ N, 

122°30′26.0′′ W onshore, thence 240 feet 

to position 47°18′13.0′′ N, 122°30′22.0′′ 

W offshore, thence 2,900 feet to position 

47°17′52.0′′ N, 122°29′53.0′′ W offshore, 

thence 500 feet to position 47°17′49.0′′ 

N, 122°29′59.0′′ W onshore. These 

coordinates are based on World 

Geodetic System (WGS 84). 

The prohibition for anchoring, 

dragging, trawling, or other activities 

that involve disrupting the integrity of 

sediment caps would not apply to 

vessels or persons engaged in activities 

associated with remediation efforts in 

the Commencement Bay Nearshore/ 

Tideflat (CB–NT) Superfund sites, 

provided that the COTP is given 

advance notice of those activities by the 

EPA.Vessels may otherwise transit or 

navigate within this area without 

reservation. 

IV. 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 fact that the RNA is 

limited in size and will not limit vessels 

from transiting or using the waters 

covered, except for specified activities 

that may damage the engineered 

sediment cap. 

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 RNA 

may be small entities, for the reasons 

stated in section IV.A above, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed 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 


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34836 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Proposed Rules 

preemption requirements described in 

Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 proposed rule 

involves a permanent regulated 

navigation area for all navigable waters 

within the area of lines drawn from 

Dune Park downward to the Point 

Ruston Historic Ferry dock on 

Commencement Bay, WA. This rule 

prohibits activities that would disturb 

the seabed, such as anchoring, dragging, 

trawling, spudding, or other activities 

that involve disrupting the integrity of 

the sediment caps installed in the 

designated regulated navigation area, 

pursuant to the remediation efforts of 

the U.S. Environmental Protection 

Agency (EPA) and other participants in 

the EPA superfund cleanup site. 

Normally such actions are 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 preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

A. Submitting Comments 

We encourage you to submit 

comments through the Federal Decision 

Making Portal at https://

www.regulations.gov. To do so, go to 

https://www.regulations.gov, type 

USCG–2022–0199 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

B. Viewing Material in Docket 

To view documents mentioned in this 

proposed rule as being available in the 

docket, find the docket as described in 

the previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

C. Personal Information 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions to the docket in response to 

this document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

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 proposes to 

amend 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 § 165.1344 to read as follows: 

§ 165.1344 Regulated Navigation Area; 

Commencement Bay Nearshore/Tideflat 

Superfund Site, Commencement Bay, 

Tacoma, WA. 

(a) Regulated Areas. The following 

area is a regulated navigation area 

(RNA): All waters within Dune Park 

downward to the Point Ruston Historic 

Ferry dock on Commencement Bay, 

WA, encompassed by a line connecting 

the following points beginning at 

47°18′12.0′′ N, 122°30′26.0′′ W onshore, 

thence 240 feet to position 47°18′13.0′′ 

N, 122°30′22.0′′ W offshore, thence 

2,900 feet to position 47°17′52.0′′ N, 

122°29′53.0′′ W offshore, thence 500 feet 

to position 47°17′49.0′′ N, 122°29′59.0′′ 

W onshore. These coordinates are based 

on World Geodetic System (WGS 84). 

(b) Regulations. In addition to the 

general RNA regulations in § 165.13, the 

following regulations apply to the RNA 

described in paragraph (a) of this 

section. 

(1) Prohibited activities include those 

that would disturb the seabed, such as 

anchoring, dragging, trawling, spudding, 

or other activities that involve 

disrupting the integrity of the sediment 

caps installed in the designated 

regulated navigation area, pursuant to 

the remediation efforts of the U.S. 

Environmental Protection Agency (EPA) 

and other participants in the EPA 

superfund cleanup site. Vessels may 


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Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Proposed Rules 34837 

otherwise transit or navigate within this 

area without reservation. 

(2) The prohibition described in this 

section does not apply to vessels or 

persons engaged in activities associated 

with remediation efforts in the Middle 

Waterway superfund sites, provided 

that the Captain of the Port (COTP) 

Puget Sound is given advance notice of 

those activities by the EPA. 

M.W. Bouboulis, 

Rear Admiral, U.S. Coast Guard, Commander, 

13th U.S. Coast Guard District. 

[FR Doc. 2022–12282 Filed 6–7–22; 8:45 am] 

BILLING CODE 9110–04–P 


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