7382 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations 

pursuant to this order solely because it is 

owned in whole or in part, directly or 

indirectly, by one or more sanctioned 

persons, unless the entity is itself a 

sanctioned person and the sanctions in 

section 2(a)(i)(A) of this order are imposed on 

the entity. 

Sec. 3. The prohibitions in section 2(a) of 

this order include: 

(a) The making of any contribution or 

provision of funds, goods, or services by, to, 

or for the benefit of any person whose 

property and interests in property are 

blocked pursuant to this order; and 

(b) the receipt of any contribution or 

provision of funds, goods, or services from 

any such person. 

Sec. 4. (a) The unrestricted immigrant and 

nonimmigrant entry into the United States of 

noncitizens determined to meet one or more 

of the criteria in section l of this order, and 

for whom the sanctions described in section 

2(a)(i)(A) or section 2(a)(ii)(B) of this order 

have been selected, would be detrimental to 

the interests of the United States, and the 

entry of such persons into the United States, 

as immigrants or nonimmigrants, is hereby 

suspended, except when the Secretary of 

State or the Secretary of Homeland Security, 

as appropriate, determines that the person’s 

entry would not be contrary to the interests 

of the United States, including when the 

Secretary of State or the Secretary of 

Homeland Security, as appropriate, so 

determines, based on a recommendation of 

the Attorney General, that the person’s entry 

would further important United States law 

enforcement objectives. 

(b) The Secretary of State shall implement 

this order as it applies to visas pursuant to 

such procedures as the Secretary of State, in 

consultation with the Secretary of Homeland 

Security, may establish. 

(c) The Secretary of Homeland Security 

shall implement this order as it applies to the 

entry of noncitizens pursuant to such 

procedures as the Secretary of Homeland 

Security, in consultation with the Secretary 

of State, may establish. 

(d) Such persons shall be treated by this 

section in the same manner as persons 

covered by section 1 of Proclamation 8693 of 

July 24, 2011 (Suspension of Entry of Aliens 

Subject to United Nations Security Council 

Travel Bans and International Emergency 

Economic Powers Act Sanctions). 

Sec. 5. (a) Any transaction that evades or 

avoids, has the purpose of evading or 

avoiding, causes a violation of, or attempts to 

violate any of the prohibitions set forth in 

this order is prohibited. 

(b) Any conspiracy formed to violate any 

of the prohibitions set forth in this order is 

prohibited. 

Sec. 6. I hereby determine that the making 

of donations of the types of articles specified 

in section 203(b)(2) of IEEPA (50 U.S.C. 

1702(b)(2)) by, to, or for the benefit of any 

person whose property and interests in 

property are blocked pursuant to this order 

would seriously impair my ability to deal 

with the national emergency declared in this 

order, and I hereby prohibit such donations 

as provided by section 2 of this order. 

Sec. 7. For the purposes of this order: 

(a) The term ‘‘entity’’ means a partnership, 

association, trust, joint venture, corporation, 

group, subgroup, or other organization; 

(b) the term ‘‘Government of Ethiopia’’ 

means the Government of Ethiopia, any 

political subdivision, agency, or 

instrumentality thereof, including the 

National Bank of Ethiopia, and any person 

owned, controlled, or directed by, or acting 

for or on behalf of, the Government of 

Ethiopia; 

(c) the term ‘‘Government of Eritrea’’ 

means the Government of Eritrea, any 

political subdivision, agency, or 

instrumentality thereof, including the Bank 

of Eritrea, and any person owned, controlled, 

or directed by, or acting for or on behalf of, 

the Government of Eritrea; 

(d) the term ‘‘noncitizen’’ means any 

person who is not a citizen or noncitizen 

national of the United States; 

(e) the term ‘‘person’’ means an individual 

or entity; 

(f) the term ‘‘sanctioned person’’ means a 

foreign person that the Secretary of the 

Treasury, in consultation with the Secretary 

of State, has determined meets any of the 

criteria described in section 1 of this order 

and has selected, in consultation with the 

Secretary of State, one or more of the 

sanctions set forth in section 2(a) of this 

order to impose on that foreign person; and 

(g) the term ‘‘United States person’’ means 

any United States citizen, lawful permanent 

resident, entity organized under the laws of 

the United States or any jurisdiction within 

the United States (including foreign 

branches), or any person in the United States. 

Sec. 8. For those persons whose property 

and interests in property are blocked or 

affected by this order who might have a 

constitutional presence in the United States, 

I find that because of the ability to transfer 

funds and other assets instantaneously, prior 

notice to such persons of measures to be 

taken pursuant to this order would render 

those measures ineffectual. I therefore 

determine that for these measures to be 

effective in addressing the national 

emergency declared in this order, there need 

be no prior notice of a listing or 

determination made pursuant to section 1 of 

this order. 

Sec. 9. The Secretary of the Treasury, in 

consultation with the Secretary of State, is 

authorized to take such actions, including the 

promulgation of rules and regulations, and to 

employ all powers granted to the President 

by IEEPA as may be necessary to carry out 

the purposes of this order. The Secretary of 

the Treasury may, consistent with applicable 

law, redelegate any of these functions within 

the Department of the Treasury. All executive 

departments and agencies of the United 

States shall take all appropriate measures 

within their authority to implement this 

order. 

Sec. 10. Nothing in this order shall prohibit 

transactions for the conduct of the official 

business of the Federal Government by 

employees, grantees, and contractors thereof. 

Sec. 11. The Secretary of the Treasury, in 

consultation with the Secretary of State, is 

authorized to submit recurring and final 

reports to the Congress on the national 

emergency declared in this order, consistent 

with section 401(c) of the NEA (50 U.S.C. 

1641(c)) and section 204(c) of IEEPA (50 

U.S.C. 1703(c)). 

Sec. 12. (a) Nothing in this order shall be 

construed to impair or otherwise affect: 

(i) The authority granted by law to an 

executive department or agency, or the head 

thereof; or 

(ii) the functions of the Director of the 

Office of Management and Budget relating to 

budgetary, administrative, or legislative 

proposals. 

(b) This order shall be implemented 

consistent with applicable law and subject to 

the availability of appropriations. 

(c) This order is not intended to, and does 

not, create any right or benefit, substantive or 

procedural, enforceable at law or in equity by 

any party against the United States, its 

departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

JOSEPH R. BIDEN JR. 

THE WHITE HOUSE, 

September 17, 2021. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2022–02722 Filed 2–8–22; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0074] 

RIN 1625–AA87 

Security Zone; Grounded Tug and 

Barge, Deerfield Beach, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for certain navigable waters of the 

Atlantic Ocean within a 1000 yard 

radius of a grounded tug and barge, the 

SEA EAGLE, on Deerfield Beach 

containing a cargo of national security 

interest. This action is necessary to 

protect the cargo and surrounding 

waterway from terrorist acts, sabotage or 

other subversive acts, accidents, or other 

events of a similar nature. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Miami. 

DATES: This rule is effective without 

actual notice from February 9, 2022, 

through 11:00 a.m. on February 11, 

2022. For the purposes of enforcement, 

actual notice will be used from 12:00 

p.m. on February 4, 2022, until February 

9, 2022. 


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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations 7383 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0074 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 Omar Beceiro, Waterways 

Management Division, U.S. Coast 

Guard; telephone: (305) 535–4317, 

email: Omar.Beceiro@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 

immediate action is needed to protect a 

cargo of national security interest, on 

board the grounded barge. This vessel 

ran aground in the early morning hours 

of February 4, 2022, and immediate 

action is needed to protect the vessel, 

it’s cargo, response personnel, and the 

waterway. It would be impracticable to 

publish an NPRM because we must 

establish this security zone by February 

4, 2022. 

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 

because immediate action is needed to 

protect the cargo of national security 

interest, the vessel, response personnel, 

and the waterway. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

COTP Miami has determined a cargo of 

national security interest is on board the 

grounded tug and barge, and the cargo 

presents a potential target for terrorist 

acts, sabotage, or other subversive acts, 

accidents, or other causes of a similar 

nature. This security zone is needed to 

protect the cargo of national security 

interest, response personnel, the vessel, 

and the surrounding waterway, until the 

tug and barge is refloated or cargo 

removed. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 12:00 p.m. on February 4, 2022 to 

11:00 a.m. on February 11, 2022. The 

security zone will cover all navigable 

waters of the Atlantic Ocean within 

1000 yards of the grounded tug and 

barge. The duration of the zone is 

intended to protect a cargo of national 

security interest, response personnel, 

the vessel, and surrounding waterway 

until the brage is refloated or cargo 

removed. No vessel or person will be 

permitted to enter the security 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 size, location, duration, 

and scope of the security zone. The zone 

is limited in size, location, and duration 

as it will cover all navigable waters of 

the Atlantic Ocean within 1000 yards of 

the grounded SEA EAGLE, and will last 

only one week. The zone is limited in 

scope as vessel traffic will be able to 

safely transit around this security zone 

and vessels may seek permission from 

the COTP to enter the zone. Moreover, 

the Coast Guard would issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the 

security 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 


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7384 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations 

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 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 an 

emergency security zone lasting less 

than 7 days that will prohibit entry 

within 1000 yards of the grounded tug 

and barge. This type of action 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. 

■ 2. Add § 165.T07–0074 to read as 

follows: 

§ 165.T07–0074 Security Zone; Grounded 

Tug and Barge, Deerfield Beach, FL. 

(a) Locations. The following is a 

temporary security zone: All waters of 

the Atlanic Ocean witin a 1000 yard 

radius of position 26°19′13.94′′ N, 

080′4′25.68′′ W. The coordinates are in 

NAD 83. 

(b) Definition. The term designated 

representative means Coast Guard Patrol 

Commanders, including Coast Guard 

coxswains, petty officers, and other 

officers operating Coast Guard vessels, 

and Federal, state, and local officers 

designated by or assisting the Captain of 

the Port (COTP) Miami in the 

enforcement of the security zone. 

(c) Regulations. (1) No person or 

vessel will be permitted to enter, transit, 

anchor, or remain within the security 

zone unless authorized by the COTP 

Miami or a designated representative. If 

authorization is granted, persons and/or 

vessels receiving such authorization 

must comply with the instructions of 

the COTP Miami or designated 

representative. 

(2) Persons who must notify or 

request authorization from the COTP 

may do so by telephone at (305) 535– 

4313, or may contact a designated 

representative via VHF radio on channel 

16. 

(d) Enforcement period. This section 

will be enforced from 12:00 p.m. on 

February 4, 2022, through 11:00 a.m. on 

February 11, 2022. 

Dated: February 4, 2022. 

J.F. Burdian, 

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

Port Miami. 

[FR Doc. 2022–02743 Filed 2–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0072] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. 

This action is necessary to provide for 

the safety of persons, and the marine 

environment from the potential safety 

hazards associated with construction 

operations at the new Governor Harry 

W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge, 

which will occur from 8 p.m. on 

February 4, 2022, through 8 p.m. on 

February 11, 2022. This rule will 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port, MarylandNational Capital Region or a designated 

representative. 

DATES: This rule is effective without 

actual notice from February 9, 2022, 

through 8 p.m. on February 11, 2022. 

For the purposes of enforcement, actual 

notice will be issued from 8 p.m. on 

February 4, 2022, until February 9, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2022– 

0072 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 Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

2674, email Ronald.L.Houck@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 

§ Section 

TFR Temporary Final Rule 

U.S.C. United States Code 


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