7946 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 

still transit the bridge through one leaf 

and that most vessels can pass under the 

bridge without an opening. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

While some owners or operators of 

vessels intending to transit the bridge 

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 calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.391, effective from 11:59 

p.m. on February 13, 2022 through 12 

p.m. on November 1, 2022, temporarily 

add paragraph (f) to read as follows: 

* * * * * 

(f) The Dearborn Street Bridge, mile 

1.13, need only operate one leaf for the 

passage of vessels, while the other leaf 

is secured to masted navigation for 

maintenance. 

* * * * * 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2022–02910 Filed 2–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–00596] 

Safety Zone; Recurring Events in 

Captain of the Port Duluth Zone— 

Pointe to La Pointe Swim 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the Pointe to La 

Pointe Swim event in Bayfield, WI. This 

action is necessary to protect 

participants and spectators during the 

event. During the enforcement period, 

entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or a designated on-scene 

representative. 

DATES: The regulation listed in 33 CFR 

165.943(a)(9) will be enforced as listed 

in Table 1 to 33 CFR 165.943 from 7 

a.m. through 11 a.m. on August 6, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email LTJG Joseph McGinnis, 


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Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7947 

telephone (218)725–3818, email 

DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation for the annual Pointe to La 

Pointe Swim event in 33 CFR 

165.943(a)(9) from 7 a.m. through 11 

a.m. on August 06, 2022 on all waters 

between Bayfield, WI and Madeline 

Island, WI within an imaginary line 

created by the following coordinates: 

46°48′27.55′′ N, 090°48′56.86′′ W, 

moving southeast to 46°48′21.2′′ N, 

090°48′59.9′′ W, moving south to 

46°47′19.91′′ N, 090°49′46.18′′ W, 

moving east 46°47′21.18′′ N, 

090°49′02.39′′ W, then moving north to 

46°48′21.20′′ N, 090°48′56.86′′ W and 

finally running back to the starting 

point. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or a designated on-scene 

representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.943 and 

5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement of this safety zone via 

Broadcast Notice to Mariners or Local 

Notice to Mariners. The Captain of the 

Port Duluth may be contacted via 

Channel 16, VFH–FM or at (218) 428– 

9357. 

Dated: February 1, 2022. 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port. 

[FR Doc. 2022–02942 Filed 2–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

RIN 0596–AD36 

Land Uses; Special Uses; Procedures 

for Operating Plans and Agreements 

for Powerline Facility Maintenance and 

Vegetation Management Within and 

Abutting the Linear Right-of-Way for a 

Powerline Facility 

AGENCY: Forest Service, (Agriculture) 

USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Forest Service, U.S. 

Department of Agriculture, is making 

purely technical, clarifying revisions to 

its existing regulations governing 

procedures for operating plans and 

agreements for powerline facility 

inspection, operation and maintenance, 

and vegetation management. The 

revisions are necessary to conform 

definitions and text in the regulations to 

revisions made to the proposed 

implementing directive in response to 

public comment. These purely 

technical, clarifying revisions do not 

formulate standards, criteria, or 

guidelines applicable to Forest Service 

programs and therefore do not require 

public notice and comment under 

section 14(a) of the Forest and 

Rangeland Renewable Resources 

Planning Act of 1974. 

DATES: Effective February 9, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Reggie Woodruff, Energy Program 

Manager, Lands and Realty 

Management, 202–205–1196 or 

reginal.woodruff@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule makes purely technical, clarifying 

revisions to the Department’s existing 

regulations at 36 CFR 251.51 and 

251.56(h) governing procedures for 

operating plans and agreements for 

powerline facility inspection, operation 

and maintenance, and vegetation 

management. The revisions conform 

definitions in § 251.51 and text in 

§ 251.56(h) to revisions made to the 

proposed implementing directive in 

response to public comment. 

Specifically, the Department is adding 

the term ‘‘qualified vegetation 

management specialist’’ to the 

definition of ‘‘hazard tree’’ to be more 

inclusive of personnel titles used by 

owners and operators and is removing 

the reference to the Forest Service in 

connection with who may identify 

hazard trees because the owner or 

operator, not the Forest Service, is 

responsible for inspecting, identifying, 

and felling hazard trees. 

In the definition of ‘‘minimum 

vegetation clearance distance,’’ the 

Department is adding the phrase ‘‘that is 

used to prevent flashover between 

conductors and vegetation for various 

altitudes and operating voltages’’ and 

removing the phrase ‘‘within or abutting 

the linear boundary of a special use 

authorization for a powerline facility’’ to 

better align the definition of minimum 

vegetation clearance distance with the 

industry definition. 

In the definition for ‘‘operating plan 

or agreement for a powerline facility,’’ 

the Department is adding a reference to 

construction, reconstruction, and 

maintenance of access roads and trails, 

which are covered by an operating plan 

or agreement. 

The Department is revising the 

definition for ‘‘powerline facility’’ to 

clarify that it includes communications 

equipment that is owned by the owner 

or operator; that solely supports 

operation and maintenance of the 

electric distribution or transmission 

lines; and that is not leased to other 

parties for communications uses that 

serve other purposes. Communications 

equipment that does not meet these 

criteria must be authorized under a 

separate special use authorization. 

The Department is removing the terms 

‘‘removal’’ and ‘‘remove’’ as they relate 

to hazard trees and vegetation in the 

definitions and text and replacing them 

with the terms ‘‘felling’’ and ‘‘fell’’ to 

accurately describe accepted treatment 

of hazard trees and vegetation. 

Consistent with the defined term 

‘‘linear right-of-way,’’ the Department is 

replacing the phrase ‘‘linear boundary of 

a special use authorization for a 

powerline facility’’ with the phrase 

‘‘linear right-of-way for a powerline 

facility’’ in the definitions for 

‘‘minimum vegetation clearance 

distance,’’ ‘‘emergency vegetation 

management,’’ ‘‘operating plan or 

agreement for a powerline facility 

(operating plan or agreement),’’ and 

‘‘non-emergency (routine) vegetation 

management.’’ 

An owner or operator that meets 

either of the two criteria for an operating 

agreement specified in the governing 

statute, section 512 of the Federal Land 

Policy and Management Act (43 U.S.C. 

1772), is eligible for an operating 

agreement. An owner or operator that 

meets both criteria is also eligible. To 

clarify that point, the Department is 

revising § 251.56(h)(2) to provide that an 

owner or operator that meets the first 

and/or the second criterion is eligible 

for an operating agreement. 

Consistent with the final 

implementing directive, for powerline 

facilities without an operating plan, the 

Department is revising § 251.56(h)(3) to 

extend the deadline for submitting a 

proposed operating plan or agreement 

from August 31, 2023, to 18 months 

from the date the authorized officer 

notifies the owner or operator that a 

proposed operating plan or agreement 

must be submitted, which must occur 

no later than September 30, 2026. 

Revised § 251.56(h)(3) gives the 

authorized officer the discretion to 

determine the sequence of notification 

of the requirement to submit a proposed 

modified operating plan or proposed 

operating plan or agreement, based on 

factors enumerated in the final 

implementing directive. 

The final implementing directive 

provides for the requisite environmental 


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