12588 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

same legal burdens of proof specified in 

§ 1989.109. 

(c) Within seven days after filing a 

complaint in federal court, a 

complainant must file with OSHA, the 

ALJ, or the ARB, depending on where 

the proceeding is pending, a copy of the 

file-stamped complaint. A copy of the 

complaint also must be served on the 

OSHA official who issued the findings 

and/or preliminary order, the Assistant 

Secretary, and the Associate Solicitor, 

Division of Fair Labor Standards, U.S. 

Department of Labor. 

§ 1989.115 Special circumstances; waiver 

of rules. 

In special circumstances not 

contemplated by the provisions of these 

rules, or for good cause shown, the ALJ 

or the ARB on review may, upon 

application, and after three days’ notice 

to all parties, waive any rule or issue 

such orders that justice or the 

administration of TFA requires. 

[FR Doc. 2022–04238 Filed 3–4–22; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0032] 

RIN 1625–AA08 

Special Local Regulation; Lake 

Havasu, Lake Havasu City, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation (SLR) in the navigable waters 

of Lake Havasu, Arizona during the 

Lake Havasu Triathlon marine event. 

This regulation is necessary to provide 

for the safety of the participants, crew, 

spectators, sponsor vessels, and general 

users of the waterway during the event, 

which will be held on March 19, 2022. 

This special local regulation will 

temporarily prohibit persons and 

vessels from entering into, transiting 

through, anchoring, blocking, or 

loitering within the event area unless 

authorized by the Captain of the Port 

San Diego or a designated 

representative. 

DATES: This rule is effective from 8 a.m. 

to 9 a.m. on March 19, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0032 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 

D11MarineEventsSD@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 it is 

impracticable. We must establish this 

special local regulation by March 19, 

2022. Therefore, it is impracticable to 

publish an NPRM because we lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

This regulation is necessary to ensure 

the safety of life on the navigable waters 

of Lake Havasu during the marine event. 

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 public 

interest because action is needed to 

ensure the safety of life on the navigable 

waters of Lake Havasu during the 

marine event on March 19, 2022. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041 

(previously 33 U.S.C. 1236). The 

Captain of the Port Sector San Diego 

(COTP) has determined that the large 

number of swimmers associated with 

the Lake Havasu Triathlon marine event 

on March 19, 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 Lake Havasu 

during the marine event. 

IV. Discussion of Comments, Changes, 

and the Rule 

This rule establishes a special local 

regulation from 8 a.m. to 9 a.m. on 

March 19, 2022. This special local 

regulation will cover all navigable 

waters, from surface to bottom, on a predetermined course within Lake Havasu, 

Arizona beginning at the starting point 

of the event at Lake Havasu State Park 

South Beach and proceeding south to 

the southern entrance to the 

Bridgewater Channel. The duration of 

the temporary special local regulation is 

intended to ensure the safety of 

participants, vessels, and the marine 

environment in these navigable waters 

during the scheduled marine event. No 

vessel or person will be permitted to 

enter the regulated area without 

obtaining permission from the COTP or 

a designated representative. The 

regulatory text provides information on 

how to contact the COTP or a 

designated representative for permission 

to transit the area. When in the 

regulated area, persons must comply 

with all lawful orders or directions 

given to them by the COTP or 

designated representative. Additionally, 

the COTP will provide notice of the 

regulated area through advanced notice 

via Local Notice to Mariners or by onscene designated representatives. 

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 regulated area. 

The affected portion of the navigable 

waterway in Lake Havasu will be of very 

limited duration, and is necessary for 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 12589 

safety of life of participants in the 

marine event. Moreover, the Coast 

Guard will issue a Local Notice to 

Mariners about the regulated area. 

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 regulated 

area 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 

temporary special local regulation that 

will limit access to certain areas within 

Lake Havasu, from 8 a.m. until 9 a.m. 

on March 19, 2022. It is categorically 

excluded from further review under 

paragraph L61 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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T11–090 to read as 

follows: 

§ 100.T11–090 Lake Havasu Triathlon, 

Lake Havasu, Arizona. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All navigable waters, from surface to 

bottom, on a pre-determined course 

within Lake Havasu, Arizona beginning 

at the starting point of the event at Lake 

Havasu State Park South Beach and 

proceeding south to the southern 

entrance to the Bridgewater Channel. 

(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 San Diego 

(COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the marine 

event. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port San Diego or their designated 

representative. 

(2) To seek permission to enter, 

contact the the COTP or a designated 

representative. They may be contacted 

by telephone at 619–278–7033. Those in 


khammond on DSKJM1Z7X2PROD with RULES
12590 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

the regulated area must comply with all 

lawful orders or directions given to 

them by the COTP or designated 

representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via Local Notice to Mariners or 

by on-scene designated representatives. 

(d) Enforcement period. This section 

will be enforced from 8 a.m. until 9 

a.m., on March 19, 2022. 

Dated: March 1, 2022. 

T.J. Barelli, 

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

Port San Diego. 

[FR Doc. 2022–04703 Filed 3–4–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0060] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone, Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel, Chicago, 

IL, on all waters of the Chicago River 

(Main Branch) between the N Columbus 

Drive Bridge and the Franklin-Orleans 

Street Bridge for the Chicago St. 

Patrick’s Day Parade Dyeing of the 

River. This action is intended to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the event. During the 

enforcement period listed below, entry 

into, transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. 

DATES: The regulation in 33 CFR 

165.930 will be enforced from 9:30 a.m. 

through 11:30 a.m. on March 12, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT James L. 

Fortin, Waterways Management 

Division, Marine Safety Unit Chicago, 

U.S. Coast Guard; telephone: (630) 986– 

2155, email: D09-DG-MSUChicagoWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930 on all waters 

of the Chicago River (Main Branch) 

between the N Columbus Drive Bridge 

and the Franklin-Orleans Street Bridge 

for the Chicago St. Patrick’s Day Parade 

Dyeing of the River. This safety zone 

will be enforced from 9:30 a.m. through 

11:30 a.m. on March 12, 2022. 

Pursuant to 33 CFR 165.930, all 

vessels must obtain permission from the 

Captain of the Port Lake Michigan, or 

his or her designated on-scene 

representative to enter, move within, or 

exit this safety zone during the 

enforcement times listed in this notice 

of enforcement. The designation of the 

Captain of the Port Lake Michigan’s onscene representative need not be in 

writing. Requests must be made in 

advance and approved by the Captain of 

the Port or a designated on-scene 

representative before transits will be 

authorized. Approvals will be granted 

on a case-by-case basis. Vessels and 

persons granted permission to enter the 

safety zone shall obey all lawful orders 

or directions of the Captain of the Port 

Lake Michigan or a designated on-scene 

representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.930, 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, and 

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

notification of enforcement in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

notification of this enforcement period 

via Broadcast Notice to Mariners. The 

Captain of the Port Lake Michigan or a 

designated on-scene representative may 

be contacted via VHF–FM Channel 16 or 

(414) 747–7182. 

Dated: February 28, 2022. 

Donald P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2022–04780 Filed 3–4–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Great Lakes St. Lawrence Seaway 

Development Corporation 

33 CFR Part 401 

RIN 2135–AA51 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Great Lakes St. Lawrence 

Seaway Development Corporation, DOT. 

ACTION: Final rule. 

SUMMARY: The Great Lakes St. Lawrence 

Seaway Development Corporation (GLS) 

and the St. Lawrence Seaway 

Management Corporation (SLSMC) of 

Canada, under international agreement, 

jointly publish and presently administer 

the St. Lawrence Seaway Regulations 

and Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

GLS is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes 

update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Seaway Navigation; and, 

Dangerous Cargo. These changes are to 

clarify existing requirements in the 

regulations. 

DATES: This rule is effective on March 

21, 2022. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to http://

www.Regulations.gov; or in person at 

the Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Great Lakes St. Lawrence Seaway 

Development Corporation, 180 Andrews 

Street, Massena, New York 13662; 315/ 

764–3200. 

SUPPLEMENTARY INFORMATION: The Great 

Lakes St. Lawrence Seaway 

Development Corporation (GLS) and the 

St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

GLS is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes 

update the following sections of the 


khammond on DSKJM1Z7X2PROD with RULES