1076 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

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 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. 

■ 2. Add § 165.T11–088 to read as 

follows: 

§ 165.T11–088 Safety Zone; San Diego 

Bay; San Diego, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of San 

Diego Bay, from surface to bottom, 

within a 200-foot radius centered at 

position: 32°41′12.2′′ N, 117°09′40.4′′ W 

(WGS 84). 

(b) Definitions. The term ‘‘designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, and other 

officer operating a Coast Guard vessel, 

or a Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Diego in the enforcement 

of the regulated area. 

(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 5 p.m. on January 

10, 2022 through 3 p.m. on January 11, 

2022. 

Dated: January 5, 2022. 

T.J. Barelli, 

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

Port Sector San Diego. 

[FR Doc. 2022–00276 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–2022–0011] 

RIN 1625–AA00 

Safety Zone; Deep Creek, Elizabeth 

River, Chesapeake, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of Deep Creek 

and the Elizabeth River. The safey zone 

is needed to safeguard personnel and 

vessels from potential hazards 

associated with an incident involving an 

adrift barge that has struck a power 

transmission tower in the waterway. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Virginia or designated 

respresentative. 

DATES: This rule is effective without 

actual notice from January 10, 2022 

until January 19, 2022. For the purposes 

of enforcement, actual notice will be 

used from January 4, 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–2022– 

0011 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: 

virginiawaterways@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 

On January 3, 2022, an adrift barge 

struck a power transmission tower in 

the navigable waters of Deep Creek and 

the Elizabeth River causing the tower to 

lean. The structural integrity of the 

transmission tower is unknown at this 

time creating a potential hazard to 

navigation including the potential for 

de-energized power lines to enter the 

waterway. Every effort is being made to 

ensure the structure is supported until 

power lines can be disconnected and 

the tower is removed. 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 would be impracticable 

and contrary to public interest. The 

Coast Guard received information about 

this potential hazard to navigation on 

January 3, 2022. Immediate action is 

needed to protect transiting vessels from 

the damaged transmission tower causing 

a potential hazard to navigation which 

includes the potential for de-energized 

power lines to enter the waterway. 

For those same reasons, 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 and contrary to 

the public interest because immediate 

action to restrict vessel traffic is needed 

to protect life, property and the 

environment. Delaying the effective date 

would be contrary to the safety zone’s 

intended objectives of protecting 

personnel and vessel from the 

immediate potential hazard, enhancing 

maritime safety. 

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 Virginia (COTP) has 

determined a potential hazardous 

situation in Deep Creek, Southern 

Branch of the Elizabeth River, requires 

the establishment of a safety zone to 

protect personnel and vessels transiting 

the area. 


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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 1077 

IV. Discussion of the Rule 

The U.S. Coast Guard is establishing 

a temporary safety zone on certain 

navigable waters in the vicinity of Deep 

Creek, Southern Branch of the Elizabeth 

River north of the I–64/High Rise 

Bridge. This rule will be in effect from 

January 4, 2022, through January 19, 

2022. The duration of the zone is 

intended to protect vessels from a 

damaged power transmission tower 

causing potential hazard to navigation 

in the waterway and to protect 

personnel performing repair and 

recovery. 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 safety zone being in 

effect for a limited duration; this is a 

portion of the waterway with minimal 

vessel traffic; and the Coast Guard will 

continue to make notifications via 

maritime broadcasts. 

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 15 days that will 

prohibit entry within certain navigable 

waters of the Southern Branch of the 

Elizabeth River. It is categorically 

excluded from further review under 

paragraph L60(c) 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. 


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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. 


khammond on DSKJM1Z7X2PROD with RULES