41592 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

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 

stationary safety zone lasting only 1 

hour per day that will prohibit entry 

within a 500 yard radius of position 

47°32′51.5′′ N 122°38′37′′ W in Sinclair 

Inlet. It is categorically excluded from 

further review under paragraph L60(a) 

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: 

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.T13–0594 to read as 

follows: 

§ 165.T13–0594 Safety Zone; Military 

Exercise, Sinclair Inlet, Bremerton, WA. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

a 500 yard radius of position 47°32′51.5′′ 

N 122°38′37′′ W in Sinclair Inlet. These 

coordinates are based 1984 World 

Geodetic System (WGS 84). 

(b) Definitions. As used in this 

section, a 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 Puget Sound (COTP) in the 

enforcement of the safety zone. 

(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 COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF Channel 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 section 

will be enforced from 10:30 until 11:30 

a.m. on August 4, 2022 and 10:30 until 

11:30 a.m. on August 5, 2022. 

Dated: July 7, 2022. 

P.M. Hilbert, 

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

Port Puget Sound. 

[FR Doc. 2022–14895 Filed 7–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0568] 

RIN 1625–AA00 

Safety Zone; Gulf Intracoastal 

Waterway, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone for the navigable waters of the Gulf 

Intracoastal Water (GIWW) within 500 

yards of the barge CBC MIAMI and 

barge JULIUS as they transport 

oversized equipment from State Service, 

Ingleside, TX to the Corpus Christi Ship 

Channel. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by transport of 

oversized equipment. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Corpus 

Christi or a designated representative. 

DATES: This rule is effective without 

actual notice from July 13, 2022 through 

July 14, 2022. For the purposes of 

enforcement, actual notice will be used 

from July 10, 2022, until July 13, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0568 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Anthony 

Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email Anthony.M.Garofalo@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 to protect 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41593 

personnel, vessels, and the marine 

environment from potential hazards 

created by barge CBC MIAMI and 

JULIUS as they transport oversized 

equipment 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 the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the barge 

CBC MIAMI and barge JULIUS as they 

transport oversized equipment. 

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 Corpus 

Christi (COTP) has determined that 

potential hazards associated with barge 

CBC MIAMI and barge JULIUS as they 

transport oversized equipment 

occurring from July 10, 2022 through 

July 14, 2022 will be a safety concern for 

anyone within 500 yards of the rig 

transport in the GIWW from State 

Service, Ingleside, TX to the Corpus 

Christi Ship Channel. The purpose of 

this rule is to ensure safety of vessels 

and persons on these navigable waters 

in the safety zone during the transport 

of the oversized equipment. 

IV. Discussion of the Rule 

This rule establishes a temporary 

moving safety zone on July 10, 2022 

through July 14, 2022. No vessel or 

person is permitted to enter the 

temporary safety zone during the 

effective period without obtaining 

permission from the COTP or a 

designated representative, who may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) or by telephone at 361– 

939–0450. The Coast Guard will issue 

Broadcast Notices to Mariners, Local 

Notices to Mariners, and/or Safety 

Marine Information about the zone. 

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, duration, and 

location of the safety zones. This rule 

will impact a small designated area of 

500-yards around the moving vessels in 

the GIWW as the vessels transits a 2 

mile section of the channel. Moreover, 

the rule allows vessels to seek 

permission to enter the zones. 

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 

temporary 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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 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 


jspears on DSK121TN23PROD with RULES1
41594 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

environment. This rule involves 

establishment of a temporary moving 

safety zone for navigable waters of the 

Corpus Christi Ship Channel within 500 

yards of the barge CBC MIAMI and 

barge JULIUS as they transport 

oversized equipment to the sea buoy. It 

is categorically excluded from further 

review under paragraph L60 (c) 

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 contact 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: 

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.T08–0568 to read as 

follows: 

§ 165.T08–0568 Safety Zone; Gulf 

Intracoastal Waterway, Corpus Christi, TX 

(a) Location. The following area is a 

temporary moving safety zone: 

Navigable waters of the Gulf Intracoastal 

Waterway (GIWW) within 500 yards of 

the barge CBC MIAMI and barge JULIUS 

as they transports oversized equipment. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Corpus Christi (COTP) or a 

designated representative. 

(b) Effective period. This section is 

effective from July 10, 2022. through 

July 14, 2022. 

(c) Regulations. (1) According to the 

general regulations in § 165.23 of this 

part, entry into the temporary safety 

zone described in paragraph (a) of this 

section is prohibited unless authorized 

by the COTP or a designated 

representative. They may be contacted 

on Channel 16 VHF–FM (156.8 MHz) or 

by telephone at 361–939–0450. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 

Dated: July 6, 2022. 

H.C. Govertsen, 

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

Port Sector Corpus Christi. 

[FR Doc. 2022–14965 Filed 7–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0583] 

Safety Zone; Fleet Week Maritime 

Festival, Pier 66, Elliott Bay, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Fleet Week 

Maritime Festival Pier 66 Safety Zone in 

Elliott Bay, Seattle, WA thirty minutes 

prior to the beginning, during, and 

thirty minutes following the conclusion 

of the parade of ships on August 1, 

2022. This action is necessary to 

provide for the safety of life on 

navigable waterways during this event. 

During the enforcement period, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

DATES: The regulations in 33 CFR 

165.1330 will be enforced from 12 p.m. 

until 3:30 p.m. on August 1, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Chief Warrant Officer William 

Martinez, Sector Puget Sound 

Waterways Management Division, U.S. 

Coast Guard; telephone 206–217–6051, 

email SectorPugetSoundWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone for 

the Fleet Week Maritime Festival in 33 

CFR 165.1330, from 12 p.m. until 3:30 

p.m. on August 1, 2022. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

event. During the enforcement period, 

as reflected in § 165.1330, 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 displaying a Coast Guard ensign. 

The Captain of the Port may be assisted 

by other federal, state, or local agencies 

as needed. 

In accordance with the general 

regulations in 33 CFR part 165, subpart 

C, no vessel operator may enter, transit, 

moor, or anchor within this safety zone, 

except for vessels authorized by the 

Captain of the Port, Puget Sound or her 

designated representative. All vessel 

operators desiring entry into this safety 

zone shall gain prior authorization by 

contacting either the on-scene patrol 

craft on VHF Ch. 13 or Ch. 16, or Coast 

Guard Sector Puget Sound Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6002. Vessel operators 

granted individual permission to enter 

this safety zone will be escorted by the 

on-scene patrol until no longer within 

the safety zone. 

In addition to this notice 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. If the 

Captain of the Port determines that the 

regulated area need not be enforced for 

the full duration stated in this notice of 

enforcement, he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the regulated area. 

Dated: July 7, 2022. 

P.M. Hilbert, 

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

Port Sector Puget Sound. 

[FR Doc. 2022–14894 Filed 7–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AP02 

Civilian Health and Medical Program of 

the Department of Veterans Affairs 

AGENCY: Department of Veterans Affairs 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as final, with 

changes, a proposed rule to amend its 

medical regulations concerning the 

Civilian Health and Medical Program of 

the Department of Veterans Affairs 

(CHAMPVA). The final rule clarifies 


jspears on DSK121TN23PROD with RULES1