1078 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

■ 2. Add § 165.T05–0861to read as 

follows: 

§ 165.T05–0861 Safety Zone; Deep Creek, 

Elizabeth River, Chesapeake, VA. 

(a) Location. The following area is a 

safety zone: The waters enclosed by the 

shoreline and the following lines: A line 

drawn across Deep Creek, Elizabeth 

River from 36–45.71N 076–18.52W to 

36–45.64N 076 18.52W and a line 

drawn across Deep Creek, Elizabeth 

River from 36–45.74N 076–18.30W to 

36–45.66N 076–18.30W. 

(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. (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/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 section 

will be enforced January 4, 2022, 

through January 19, 2022, unless 

canceled sooner by the COTP. 

Dated: January 4, 2022. 

Samson C. Stevens, 

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

Port, Sector Virginia. 

[FR Doc. 2022–00168 Filed 1–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0917] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Markers 636–655, Modoc, AR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River (LMR), between Mile 

Marker 636 and 655. The safety zone is 

needed to protect persons, property, and 

the marine environment from the 

potential safety hazards associated with 

rock placement operations in the 

vicinity of Modoc, AR. Entry of persons 

or vessels into this zone is prohibited 

unless authorized by the Captain of the 

Port Sector Lower Mississippi River or 

a designated representative. 

DATES: This rule is effective without 

actual notice from January 10, 2022 

through April 1, 2022. For the purposes 

of enforcement, actual notice will be 

used from January 5, 2022 until January 

10, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0917 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 MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@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 

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. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with rock placement 

operations. The NPRM process would 

delay the establishment of the safety 

zone until after the date of the event and 

compromise public safety. We must 

establish this temporary 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 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 rock 

placement operations in the vicinity of 

Modoc, AR starting January 5, 2022. 

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 Lower 

Mississippi River (COTP) has 

determined that potential hazards 

associated with rock placement 

operations between Mile Marker (MM) 

636 and 655, scheduled to start on 

January 5, 2022, will be a safety concern 

for all persons and vessels on the LMR 

between MM 636 and MM 655 through 

April 1, 2022. This rule is needed to 

protect persons, property, infrastructure, 

and the marine environment in all 

waters of the LMR within the safety 

zone while rock placement operations 

are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from January 5, 2022 

through April 1, 2022. The safety zone 

will cover all navigable waters of the 

Lower Mississippi River (LMR) from 

MM 636 to MM 655. The duration of 

this safety zone is intended to ensure 

the safety of waterway users on these 

navigable waters during rock placement 

operations. 

Entry of persons or vessels into this 

safety zone is prohibited unless 

authorized by 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 

LMR. Persons or vessels seeking to enter 

the safety zones must request 

permission from the COTP or a 

designated representative on VHF–FM 

channel 16 or by telephone at 314–269– 

2332. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 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 (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. 


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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 1079 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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 

duration of the safety zone. This safety 

zone will temporarily restrict navigation 

on the LMR from MM 636 through MM 

655, from January 5, 2022 through April 

1, 2022. Moreover, the rule allows 

vessels to seek 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 

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 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. 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. 

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. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T08–0917 to read as 

follows: 

§ 165.T08–0917 Safety Zone; Lower 

Mississippi River, Mile Markers 636–655, 

Modoc, AR. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 636 through MM 655. 

(b) 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 Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. A designated 

representative is a commissioned, 


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1080 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 314–269–2332. 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. 

(c) Enforcement period. This section 

will be enforced from January 5, 2022 

through April 1, 2022. 

(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: January 3, 2022. 

R.S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2022–00126 Filed 1–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–173 

[FMR Case 2021–02; Docket No. GSA–FMR– 

2021–0022; Sequence 01] 

RIN 3090–AK52 

Federal Management Regulation 

(FMR); Internet GOV Domain 

AGENCY: Office of Information Integrity 

and Access, Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Interim rule. 

SUMMARY: This interim rule implements 

certain provisions of the DOTGOV Act 

of 2020 applicable to GSA, which was 

enacted as part of the Consolidated 

Appropriations Act, 2021. It removes 

provisions to the existing jurisdiction of 

the DOTGOV domain that had been 

delegated to the General Services 

Administration in 1997 by the Federal 

Networking Council with guidance in 

the form of internet Engineering Task 

Force (IETF) Informational RFC 2146, 

which was further expanded to include 

State, local, or territorial government 

entities in 2003 by the 

Intergovernmental Cooperation Act 

(IGCA). This interim rule implements 

provisions of the DOTGOV Act of 2020 

that transfer ownership, management 

and operation of the DotGov Domain 

Program from the General Services 

Administration (GSA) to the Department 

of Homeland Security (DHS) 

Cybersecurity and Infrastructure 

Security Agency (CISA). 

DATES: 

Effective date: January 10, 2022. 

Applicability Date: As of January 10, 

2022, this interim rule applies to all 

newly issued, already in operation, and/ 

or renewed .gov domains. 

Comment Date: Interested parties 

should submit written comments to the 

Regulatory Secretariat Division at the 

address shown below on or before 

March 11, 2022 to be considered in the 

formation of the final rule. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Marina Fox, Office of Government-wide 

Policy, Office of Information, Integrity, 

and Access, at 202–253–6448, or by 

email at marina.fox@gsa.gov. For 

information pertaining to the status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Please cite FMR Case 2021–02. 

SUPPLEMENTARY INFORMATION: 

Inspection of Public Comments: 

Comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post comments received 

before the close of the comment period 

on the following website as soon as 

possible after they have been received: 

https://regulations.gov. Follow the 

search instructions on that website to 

view public comments. 

I. Background 

For more than 20 years, GSA 

supported government organizations 

and worked to make .gov a trusted 

space.gov domain exists so that the 

online services of bona fide U.S.-based 

government organizations are easy to 

identify on the internet. Increasing and 

normalizing .gov use helps the public 

know where to find official government 

information. .gov is critical 

infrastructure: It’s central to the 

availability and integrity of thousands of 

online services relied upon by millions 

of users. Since the .gov domain 

underpins communication with and 

within these institutions, cybersecurity 

significance of all aspects of .gov’s 

administration has been increasing 

rapidly. To provide additional 

cybersecurity support and expand .gov 

usage among public entities, the 

DOTGOV Act of 2020 (or the DOTGOV 

Act of 2019) was introduced in the U.S. 

Senate on October 30, 2019, directing 

GSA to transfer the DotGov program to 

CISA. 

On December 27, 2020, the DOTGOV 

Act of 2020 was signed into law and 

enacted as part of the Consolidated 

Appropriations Act, 2021 (Pub. L. 116– 

260). The Act transfers the DotGov 

(.gov) internet domain program, as 

operated by the General Services 

Administration under title 41, Code of 

Federal Regulations, to DHS CISA. The 

Act also orders that on the date CISA 

begins operational administration of the 

DotGov internet domain program, the 

GSA Administrator shall rescind the 

requirements in part 102–173 of title 41, 

Code of Federal Regulations applicable 

to any Federal, State, local, or territorial 

government entity, or other publicly 

controlled entity, including any Tribal 

government recognized by the Federal 

Government or a State government that 

is registering or operating a .gov internet 

domain. Finally, the Act orders that in 

place of the requirements in part 102– 

173 of title 41, Code of Federal 

Regulations, CISA, in consultation with 

the Director of Management and Budget 

(OMB), establishes and publishes a new 

set of requirements for the registration 

and operation of .gov domains. 

On April 26, 2021, GSA transferred 

ownership, management and operation 

of DotGov Domain Program to the 

Department of Homeland Security 

(DHS), CISA, and CISA published new 

.gov domain issuance guidance for 

government entities in place of the 

existing INTERNET GOV DOMAIN 

requirements in FMR. To comply with 

the DOTGOV Online Trust in 

Government Act of 2020 (Title IX, 

Division U, H.R. 133, Consolidated 

Appropriations Act, 2021), GSA is 

amending the Federal Management 

Regulation to remove all requirements 

in part 102–173 ‘‘INTERNET GOV 

DOMAIN’’. 

DotGov Program History 

The DotGov program was created in 

1997, and GSA OGP became the 

designated authority for the top level 

Domain ‘‘DOT GOV’’ registry and 

registrar and the subdomain registrar for 

FED.US by a delegation of the National 

Science Foundation through consensus 

of the Federal Networking Council and 

Department of Commerce on October 1, 

1997. To provide additional support, 

GSA entered into an agreement with the 

Department of the Interior’s Bureau of 

Indian Affairs to facilitate the 

registration of Native Sovereign Nations 

(NSNs) in the dot-gov domain. In 2003, 

GSA began using the Intergovernmental 

Cooperation Act (IGCA) as the authority 

to provide services to U.S. state and 

local governments, and began issuing 


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