1074 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

will not preempt Tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

This rulemaking does not impose or 

revise any information collections 

subject to 44 U.S.C. Chapter 35. 

List of Subjects 

22 CFR Part 35 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

22 CFR Part 103 

Administrative practice and 

procedure, Chemicals, Classified 

information, Foreign relations, Freedom 

of information, International 

organization, Investigations, Penalties, 

Reporting and recordkeeping 

requirements. 

22 CFR Part 127 

Arms and munitions, Crime, Exports, 

Penalties, Seizures and forfeitures. 

22 CFR Part 138 

Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties, Reporting and recordkeeping 

requirements. 

For the reasons set forth above, 22 

CFR parts 35, 103, 127, and 138 are 

amended as follows: 

PART 35—PROGRAM FRAUD CIVIL 

REMEDIES 

■ 1. The authority citation for part 35 

continues to read as follows: 

Authority: 22 U.S.C. 2651a; 31 U.S.C. 3801 

et seq.; Pub. L. 114–74, 129 Stat. 584. 

§ 35.3 [Amended] 

■ 2. In § 35.3: 

■ a. Remove ‘‘$11,803’’and add in its 

place ‘‘$12,537’’, wherever it occurs. 

■ b. In paragraph (f), remove ‘‘$348,035’’ 

and add in its place ‘‘$376,138’’. 

PART 103—REGULATIONS FOR 

IMPLEMENTATION OF THE CHEMICAL 

WEAPONS CONVENTION AND THE 

CHEMICAL WEAPONS CONVENTION 

IMPLEMENTATION ACT OF 1998 ON 

THE TAKING OF SAMPLES AND ON 

ENFORCEMENT OF REQUIREMENTS 

CONCERNING RECORDKEEPING AND 

INSPECTIONS 

■ 3. The authority citation for part 103 

continues to read as follows: 

Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701 

et seq.; Pub. L. 114–74, 129 Stat. 584. 

§ 103.6 [Amended] 

■ 4. In § 103.6: 

■ a. In paragraph (a)(1), remove 

‘‘$39,693’’ and add in its place 

‘‘$42,163’’; and 

■ b. In paragraph (a)(2), remove 

‘‘$7,939’’ and add in its place ‘‘$8,433’’. 

PART 127—VIOLATIONS AND 

PENALTIES 

■ 5. The authority citation for part 127 

continues to read as follows: 

Authority: Sections 2, 38, and 42, Pub. L. 

90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22 

U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 

FR 16129; Pub. L. 114–74, 129 Stat. 584. 

§ 127.10 [Amended] 

■ 6. In § 127.10: 

■ a. In paragraph (a)(1)(i), remove 

‘‘$1,197,728’’ and add in its place 

‘‘$1,272,251’’; 

■ b. In paragraph (a)(1)(ii), remove 

‘‘$870,856’’ and add in its place 

‘‘$925,041’’; and 

■ c. In paragraph (a)(1)(iii), remove 

‘‘$1,036,566’’ and add in its place 

‘‘$1,101,061’’. 

PART 138—RESTRICTIONS ON 

LOBBYING 

■ 7. The authority citation for part 138 

continues to read as follows: 

Authority: 22 U.S.C. 2651a; 31 U.S.C. 

1352; Pub. L. 114–74, 129 Stat. 584. 

§ 138.400 [Amended] 

■ 8. In § 138.400: 

■ a. Remove ‘‘$20,731’’ and ‘‘$207,314’’ 

and add in their place ‘‘$22,021’’ and 

‘‘$220,213’’, respectively, wherever they 

occur. 

■ b. In paragraph (e), remove ‘‘$20,396’’ 

and add in its place ‘‘$21,665’’. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management. 

[FR Doc. 2022–00235 Filed 1–7–22; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0931] 

RIN 1625–AA00 

Safety Zone; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters in the vicinity of 

the Coronado Bridge in San Diego Bay, 

San Diego, CA, in support of a U.S. 

Navy exercise. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards associated with the 

exercise. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port San Diego. 

DATES: This rule is effective from 5 p.m. 

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

January 11, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0931 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 Lieutenant Commander John 

Santorum, Waterways Management, 

U.S. Coast Guard Sector San Diego, CA; 

telephone 619–278–7656, email 

MarineEventsSD@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 we 

must establish this safety zone by 

January 10, 2022. This urgent safety 

zone is required to protect the maritime 

public and the surrounding waterways 

from hazards associated with a U.S. 

Navy exercise. The Coast Guard lacks 

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 


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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 1075 

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 public 

interest because action is needed to 

ensure the safety of life on the navigable 

waters of San Diego Bay during the 

exercise scheduled to begin on January 

10, 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 San Diego (COTP) 

has determined that the potential 

hazards associated with the U.S. Navy 

exercise scheduled to begin on January 

10, 2022 poses a potential safety 

concern in the regulated area. This rule 

is needed to protect persons, vessels, 

and the marine environment in the 

navigable waters of San Diego Bay 

during the exercise. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 5 p.m. on January 10, 2022 through 

3 p.m. on January 11, 2022. The safety 

zone will cover all navigable waters of 

San Diego Bay within a 200-foot radius 

centered at position: 32°41′12.2′′ N 

117°09′40.4′′ W. The purpose of the 

safety zone is to protect persons, 

vessels, and the marine environment in 

the navigable waters of San Diego Bay 

during the exercise. No vessel or person 

will be permitted to enter the security 

zone without obtaining permission from 

the COTP or his 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 size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the San Diego Bay. The Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule will allow 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 security 

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 22 hours that will prohibit 

entry within a 200-foot radius of a 

designated coordinate in the vicinity of 

the Coronado Bridge in San Diego Bay. 

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. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 


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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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