8472 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

ISSUER PURCHASES OF EQUITY SECURITIES

(a) (b) (c) (d) (e) (f) 

Date Class of 

shares 

Total number 

of shares 

purchased 

Average 

price paid 

per share 

Total number 

of shares 

purchased on 

the open 

market 

Total number of shares 

purchased in reliance 

on the safe harbor in 

17 CFR 240.10b–18 

Total number of shares purchased 

pursuant to a plan that is intended 

to satisfy the affirmative defense 

conditions of 17 CFR 240.10b5–1(c) 

SIGNATURES 

Pursuant to the requirements of the 

Act, the registrant has duly caused this 

report to be signed on its behalf by the 

undersigned hereunto duly authorized. 

lllllllllllllllllll

(Registrant) 

Date: llllllllllllllll

lllllllllllllllllll

(Signature) * 

* Print name and title of the signing 

officer under their signature. 

[FR Doc. 2022–01068 Filed 2–14–22; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0040] 

RIN 1625–AA87 

Security Zone, Delaware River, 

Philadelphia, PA 

AGENCY: Coast Guard, Department of 

Homeland Security, (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a security zone for certain 

waters of the Delaware River. This 

action is necessary to provide protection 

of Very Important Persons (VIPs) while 

attending the Democratic National 

Caucus (DNC) on the Delaware River in 

the vicinity of Penns Landing located in 

Philadelphia, PA. This security zone 

will be enforced intermittently and only 

for the protection of VIPs when in the 

area and will restrict vessel traffic while 

the zones are being enforced. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

security zone unless authorized by the 

Captain of the Port Delaware Bay or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 23, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0040 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Jennifer Padilla, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone 215–271–4889, email 

Jennifer.L.Padilla@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, Purpose, and Legal 

Basis 

On January 12, 2022, the United 

States Capitol Police notified the Coast 

Guard that the Democratic National 

Caucus (DNC) is being held in the 

vicinity of Penns Landing located in 

Philadelphia, PA from 11 a.m. on March 

9, 2022 through 11:59 p.m. on March 11, 

2022. The DNC is being held adjacent to 

the Delaware River and this security 

zone is needed to provide protection 

and security of the VIPs attending the 

Democratic National Caucus in the 

vicinity of this waterway. The presence 

of these persons creates unique safety 

and security concerns. The Captain of 

the Port Delaware Bay (COTP) has 

determined that attendance of VIPs at 

the Democratic National Caucus March 

9, 2022, through March 11, 2022, 

presents a potential target for terrorist 

acts, sabatoge, or other subversive acts, 

accidents, or other causes of a similar 

nature. 

The purpose of this rulemaking is to 

protect these persons, the public, and 

the surrounding waterway, because the 

Democratic National Caucus is being 

held at Penns landing which is a highly 

populated area, adjacent to the Delaware 

River. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

security zone from March 9, 2022, 

through March 11, 2022, on certain 

waters of the Delaware River in 

Philadelphia, PA. Specifically, the 

security zone would cover all waters 

within the Delaware River contiguous to 

the Pennsylvania shoreline and 

extending out into the Delaware River 

approximately 250 yards, within an area 

bounded by a line connecting the 

following points: Beginning at the 

Pennsylvania shoreline at latitude 

39°56.87′ N, longitude 075°8.36′ W, 

thence east to latitude 39°56.85′ N, 

longitude 075°8.20′ W, thence south to 

latitude 39°56.45′ N, longitude 075°8.25′ 

W, thence west to the Pennsylvania 

shoreline at latitude 39°56.47′ N, 

longitude 075°8.41′ W, thence north 

following the shoreline to the 

originating point. 

This zone will be enforced 

intermittently during the effective dates. 

Enforcement of this zone will be 

broadcast via Broadcast Notice to 

Mariners on VHF–FM marine channel 

16 as well as actual notice via on scene 

Coast Guard Personnel. 

No vessel or person will be permitted 

to enter or transit these security zones 

without obtaining permission from the 

COTP or a designated representative 

and must proceed as directed by on 

scene enforcement vessels. Any vessel 

permitted to transit the zone will be 

required to continue through the zone 

without pause or delay as directed by on 

scene enforcement vessels. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 8473 

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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the duration, size, location 

and time of year of the zone. During this 

time of year, this Security Zone is 

primarily used by Commercial Traffic. 

That traffic will be permitted to transit 

through the zone without pause or delay 

upon receiving approval of on-scene 

enforcement vessels. This zone will 

only be enforced for limited durations 

when deemed necessary by the COTP to 

augment the protection of the VIPs 

attending the Democratic Natioanl 

Caucus. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a security zone which will 

be intermittently enforced over the 

course of 3 days. Normally such actions 

are 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 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0040 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 


lotter on DSK11XQN23PROD with PROPOSALS1
8474 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 is proposing 

to amend 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.T05–0040 to read as 

follows: 

§ 165.T05–0040 Security Zone, Delaware 

River, Philadelphia, PA. 

(a) Location. The following area is a 

security zone: All waters within the 

Delaware River, contiguous with the 

Pennsylvania shoreline and extending 

out into the Delaware River 

approximately 250 yards, within an area 

bounded by a line connecting the 

following points: Beginning at the 

Pennsylvania shoreline at latitude 

39°56.87′ N, longitude 075°8.36′ W, 

thence east to latitude 39°56.85′ N, 

longitude 075°8.20′ W, thence south to 

latitude 39°56.45′ N, longitude 075°8.25′ 

W, thence west to the Pennsylvania 

shoreline at latitude 39°56.47′ N, 

longitude 075°8.41′ W, thence north 

following the shoreline to the 

originating point. These coordinates are 

based on North American Datum 83 

(NAD83). 

(b) Definitions. As used in this 

section— 

Designated representative means any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Delaware Bay 

(COTP) to act on his or her behalf. The 

designated representative may be on an 

official patrol vessel or may be on shore 

and will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of the regulations in 

this section. 

Very important person (VIP) means 

any person for whom the United States 

Capital Police request implementation 

of a security zone in order to 

supplement protection of said person(s). 

Official patrol vessel means any Coast 

Guard, Coast Guard Auxiliary, State, or 

local law enforcement vessel assigned or 

approved by the COTP. 

(c) Regulations. (1) In accordance with 

the general regulations contained in 

subpart D of this part, entry into or 

remaining in the zone described in 

paragraph (a) of section is prohibited 

unless authorized by the COTP, Sector 

Delaware Bay, or designated 

representative. 

(2) Only vessels or people specifically 

authorized by the Captain of the Port, 

Delaware Bay, or designated 

representative, may enter or remain in 

the regulated area. Access to the zone 

will be determined by the COTP or 

designated representative on a case-bycase basis when the zone is enforced. To 

seek permission to enter, contact the 

COTP or the COTP’s representative on 

VHF–FM channel 13 or 16. Those in the 

security zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. No person 

may swim upon or below the surface of 

the water of this security zone unless 

authorized by the COTP or his 

designated representative. 

(3) Upon being hailed by an official 

patrol vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with lawful direction may 

result in expulsion from the regulated 

area, citation for failure to comply, or 

both. 

(4) Unless specifically authorized by 

on scene enforcement vessels, any 

vessel granted permission to enter or 

transit the security zones must comply 

with the instructions of the COTP or 

designated representative and operate at 

bare steerage or no-wake speed while 

transiting through the Security Zone, 

and must not loiter, stop, or anchor, and 

shall do so for the entirety of its time 

within the boundaries of the security 

zones. 

(d) Enforcement. (1) This security 

zone is effective from 11 a.m. on March 

9, 2022, through 11:59 p.m. on March 

11, 2022. 

(2) This security zone will be enforced 

with actual notice by the U.S. Coast 

Guard representatives on scene, as well 

as other methods listed in § 165.7. The 

Coast Guard will enforce the security 

zone created by this section only when 

it is necessary for the protection and 

security of the VIPs attending the 

Democratic National Caucus in the 

vicinity of Penns Landing located in 

Philadelphia, PA. The U.S. Coast Guard 

may be additionally assisted in the 

patrol and enforcement of the zone by 

Federal, State, and local agencies. 

Dated: February 9, 2022. 

Leon McClain, Jr., 

Captain, U. S. Coast Guard, Alternate Captain 

of the Port, Delaware Bay. 

[FR Doc. 2022–03132 Filed 2–14–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 3 and 4 

RIN 2900–AQ72 

Schedule for Rating Disabilities—Ear, 

Nose, Throat, and Audiology 

Disabilities; Special Provisions 

Regarding Evaluation of Respiratory 

Conditions; Schedule for Rating 

Disabilities—Respiratory System 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to revise sections 

that address the ear, nose, throat, 

audiology, and respiratory systems. The 

purpose of these changes is to update 

medical terminology, incorporate 

medical advances that have occurred 

since the last review, and provide welldefined criteria in accordance with 

actual clinical practice. VA will also 

rename the body system currently 

designated for conditions related to 

hearing and the ear, to include the nose 

and throat. VA will also consolidate 

within the scope of otolaryngology 

several diagnostic codes (DCs) currently 

listed within the respiratory system. 

DATES: VA must receive comments on or 

before April 18, 2022. 

ADDRESSES: Comments may be 

submitted through 


lotter on DSK11XQN23PROD with PROPOSALS1