41248 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

DATES: The regulations in 33 CFR 

100.1302 will be enforced on September 

10, 2022 from 7:30 a.m. until 10:30 a.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT Sean Murphy, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email D13-SMBMSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.1302 for the 

Columbia River Cross Channel Swim 

regulated area from 7:30 a.m. to 10:30 

a.m. on September 10, 2022. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

this event. Our regulation for marine 

events within the Thirteenth Coast 

Guard District, § 100.1302, specifies the 

location of the regulated area for the 

Columbia River Cross Channel Swim 

which encompasses all navigable 

waters, bank-to-bank of the Columbia 

River in Pasco, Washington, between 

river mile 332 and river mile 335. 

During the enforcement period, as 

reflected in § 100.1302, if you are the 

operator of a vessel in the regulated area 

you must comply with directions from 

the Patrol Commander or any official 

patrol vessel. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, and 

marine information broadcasts. 

Dated: July 1, 2022. 

M. Scott Jackson, 

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

Port Columbia River. 

[FR Doc. 2022–14741 Filed 7–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2019–0822] 

RIN 1625–AA01 

Anchorage Grounds; Atlantic Ocean, 

Delaware 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the anchorage regulations for the 

Delaware Bay and River, and adjacent 

waters, by establishing two offshore 

deep-water anchorages. The purpose of 

this rule is to improve navigation safety 

by accommodating recent and 

anticipated future growth in vessel size 

and the volume of vessel traffic entering 

the Delaware Bay and River, and to 

preserve areas traditionally used or 

needed for anchoring. 

DATES: This rule is effective August 11, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2019– 

0822 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 about this rule, call 

or email Lieutenant Elizabeth Marshall, 

Sector Delaware Bay, U.S. Coast Guard; 

telephone (215) 271–4851, email 

Elizabeth.J.Marshall@uscg.mil; or Mr. 

Matt Creelman, Fifth Coast Guard 

District (dpw), U.S. Coast Guard; 

telephone (757) 398–6230, email 

Matthew.K.Creelman2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

ACPARS Atlantic Coast Port Access Route 

Study 

AIS Automatic Identification System 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NOI Notice of Intent 

NPRM Notice of Proposed Rulemaking 

PARS Port Access Route Study 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

In 2011, the Coast Guard received 

requests to formally establish 

anchorages in the Atlantic Ocean 

offshore from the Delaware coast in 

response to the Atlantic Coast Port 

Access Route Study (ACPARS). The 

ACPARS is available at https://

navcen.uscg.gov/ 

?pageName=PARSReports. The Federal 

Pilots and the Mariners’ Advisory 

Committee for the Bay and River 

Delaware requested formal anchorage 

grounds be established to the east and 

the west of the Southeastern Approach 

traffic separation scheme in order to 

preserve areas traditionally used for 

anchoring from offshore development. 

The Coast Guard held meetings on July 

12, 2018, and August 21, 2018, with 

maritime stakeholders and waterway 

users to discuss the impacts to vessel 

traffic and navigation safety on the 

Delaware Bay and River due to the 

expansion of the Panama Canal and the 

planned deepening of the Delaware 

River from 40 to 45 feet. The attendees 

determined that the increased volume of 

vessel traffic and the size of vessels 

calling on the Delaware Bay and River, 

combined with planned and potential 

offshore development, heightened the 

need to formally establish new 

anchorage grounds. 

On November 29, 2019, the Coast 

Guard published a Notice of Inquiry 

(NOI) in the Federal Register (81 FR 

25854). There, we stated why we issued 

the NOI and invited comments on our 

inquiry into the establishment of two 

anchorages offshore Delaware Bay and 

one inshore, at the breakwater of Cape 

Henlopen. We received 42 comments. 

After considering all comments on the 

NOI, the Coast Guard published a 

Notice of Proposed Rulemaking (NPRM) 

in the Federal Register (87 FR 16126) on 

March 22, 2022. There, we stated why 

we issued the NPRM and why we 

decided to move forward with only two 

of the proposed anchorages: Anchorage 

C—Cape Henlopen and Anchorage D— 

Indian River. We invited comments on 

the proposed rulemaking. We received 

one comment. 

III. Legal Authority and Need for Rule 

The legal basis and authorities for this 

rule are found in 46 U.S.C. 70006 and 

33 CFR 1.05–1, DHS Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to propose, establish, and 

define regulatory anchorage grounds. 

The purpose of this rule is to improve 

navigation safety by accommodating 

recent and anticipated future growth in 

cargo vessel size and volume of vessel 

traffic entering the Delaware Bay and 

River, and to preserve areas traditionally 

used or needed for anchoring. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published 

March 22, 2022. That comment had two 

parts. First, that we consider revising 

the regulatory language used to describe 

the anchorage coordinates in order to 

aid cartography and comprehension. 

Second, that we consider the impact of 

a sunken wreck located within the area 

of Anchorage D—Indian River on 

anchoring vessels. In this section, we 

discuss how we responded to each part 

of this comment and the Final Rule. 

A. Regulatory Language 

Regarding the language used in the 

Rule, the comment recommended 

revising paragraphs (a)(19) and (a)(20) 

by removing text reading, ‘‘The waters 

bounded by a line connecting the 

following points:,’’ and replacing it 


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Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 41249 

with, ‘‘All waters bound by the 

following points:.’’ The Coast Guard 

agrees with this recommendation with 

the intent to assist cartography. The 

revision has been implemented into the 

regulatory text at the end of this 

rulemaking. All other regulatory text 

remaining unchanged. 

B. Wreckage in Anchorage D—Indian 

River 

The comment identifies a sunken 

wreck located at 74°50′32.463′′ W, 

38°30′31.788′′ N (WGS 1984), which is 

located within the boundaries of 

Anchorage D—Indian River and 

requests the Coast Guard determine the 

possibility of adverse effects caused by 

this obstruction in the anchorage 

ground. The Coast Guard finds that this 

wreckage is relatively small in nature 

compared to the overall size of the 

anchorage area and charted depth of 

water, which leaves sufficient area 

within the anchorage for the use of 

vessels to anchor away from this 

obstruction. The Coast Guard also 

believes this is a well-documented and 

well-charted wreckage, and that a 

prudent mariner would avoid anchoring 

over such an object. The Coast Guard 

finds that overall risk of adverse effects 

from wreckage to be very low and made 

no changes to this rule in response. 

C. Final rule 

This rule formally establishes two 

new anchorage grounds, Anchorage C— 

Cape Henlopen and Anchorage D— 

Indian River. Anchorage C—Cape 

Henlopen will be located in the Atlantic 

Ocean approximately 9.4 miles east of 

the Delaware coast in naturally deep 

water with charted depths between 41 

and 85 feet. Anchorage D—Indian River 

will be located in the Atlantic Ocean 

beginning approximately 6 miles east of 

the Delaware coast in naturally deep 

water with charted depths between 40 

and 85 feet. The specific coordinates for 

these anchorage grounds are included in 

the regulatory text at the end of this 

document. 

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 location and size of the 

proposed anchorage grounds, as well as 

the vessel traffic and anchoring data 

provided by the Coast Guard Navigation 

Center. The regulation would ensure 

approximately 27 square miles of 

anchorage grounds are designated to 

provide necessary commercial deep 

draft anchorages and enhance the 

navigational safety of commercial 

vessels transiting to, from, and within 

the Delaware Bay and River. The 

impacts on routine navigation are 

expected to be minimal because the 

proposed anchorage areas are located 

outside of the established traffic 

separation zones and are consistent with 

current anchoring habits of vessels that 

call on the Delaware River. When not 

occupied, vessels would be able to 

maneuver in, around, and through the 

anchorages. 

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 did not receive any 

comments from the Small Business 

Administration on this rulemaking. 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. 

The number of small entities 

impacted and the extent of the impact, 

if any, is expected to be minimal. 

Anchorage C—Cape Henlopen and 

Anchorage D—Indian River are located 

in an area of the Atlantic Ocean, which 

is not a popular or productive fishing 

location. Further, the location is not in 

an area routinely transited by vessels 

heading to, or returning from, known 

fishing grounds. Finally, the anchorage 

is located in an area that is not currently 

used by small entities, including small 

vessels, for anchoring due to the depth 

of water naturally present in the area. 

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 


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41250 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

$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 

amending the regulations for Delaware 

Bay and River anchorage grounds by 

establishing two new anchorage 

regulations; Anchorage C—Cape 

Henlopen and Anchorage D—Indian 

River. It is categorically excluded from 

further review under paragraph L59(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 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 

70034; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Amend § 110.157 by adding 

paragraphs (a)(18), (a)(19) and (a)(20) to 

read as follows: 

§ 110.157 Delaware Bay and River. 

(a) * * * 

(18) Reserved. 

(19) Anchorage C—Cape Henlopen. 

All waters bound by the following 

points: 

Latitude Longitude 

38°40′54.00′′ N 74°52′00.00′′ W 

38°40′56.08′′ N 74°48′51.34′′ W 

38°37’36.00′′ N 74°’48′30.00′′ W 

(DATUM: NAD 83) 

(20) Anchorage D—Indian River. All 

waters bound by the following points: 

Latitude Longitude 

38°34′56.25′′ N 74°52′19.12′′ W 

38°33′40.91′′ N 74°54′41.50′′ W 

38°31′31.08′′ N 74°55′27.96′′ W 

38°29′07.35′′ N 74°53′29.25′′ W 

38°28′56.87′′ N 74°50′28.69′′ W 

38°30′07.37′′ N 74°48′08.38′′ W 

(DATUM: NAD 83) 

* * * * * 

Dated: June 29, 2022. 

S.N. Gilreath, 

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

Fifth Coast Guard District. 

[FR Doc. 2022–14676 Filed 7–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–USCG–2022–0586] 

Safety Zone; Fireworks Display; John 

H. Kerr Reservoir, Clarksville, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Virginia Lake 

Festival on July 16, 2022, Clarksville, 

VA, to provide for the safety of life on 

navigable waterways during this event. 

Coast Guard regulations for marine 

events within the Fifth Coast Guard 

District identifies the regulated area for 

this event. During the enforcement 

period, entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Virginia. 

DATES: The regulations in 33 CFR 

165.506 will be enforced for the location 

identified as Item 12 in table 3 to 

paragraph (h)(3) from 9:30 p.m. until 10 

p.m. on July 16, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LCDR Ashley Holm, Chief, 

Waterways Management Division, 

Sector Virginia, U.S. Coast Guard; 

telephone 757–668–5580 email 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.506 for the Virginia Lake 

Festival regulated area from 9:30 p.m. to 

10 p.m. on July 16, 2022. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

event. Coast Guard regulations for safety 

zones within the Fifth Coast Guard 

District, § 165.506, specifies the location 

of the regulated area for the Virginia 

Lake Festival which encompasses 

portions of the John H. Kerr Reservoir. 

During the enforcement periods, entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Virginia. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

Broadcast Notice to Mariners. 

Dated: July 6, 2022. 

Jennifer A. Stockwell, 

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

Port Virginia. 

[FR Doc. 2022–14771 Filed 7–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2022–OSERS–0038] 

Final Priority and Requirements— 

Technical Assistance on State Data 

Collection—The Rhonda Weiss 

National Technical Assistance Center 

To Improve State Capacity To Collect, 

Report, Analyze, and Use Accurate 

IDEA Data in Accessible Formats 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority and requirements. 

SUMMARY: The Department of Education 

(Department) announces a priority, 

including requirements, for the Rhonda 

Weiss National Technical Assistance 

Center to Improve State Capacity to 

Collect, Report, Analyze, and Use 

Accurate IDEA Data in Accessible 

Formats (Accessible Data Center) under 

the Technical Assistance on State Data 

Collection program, Assistance Listing 

Number 84.373Q. The Department may 

use this priority for competitions in 

fiscal year (FY) 2022 and thereafter. We 


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