20796 Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 

and below within 1.5 miles each side of the 

132° bearing extending from the 4.4-mile 

radius to the 5.3-mile radius of the airport, 

and excluding that airspace 600 feet MSL and 

below within 1.1 miles each side of the 132° 

bearing extending from the 5.3-mile radius to 

6.2 miles southeast of the airport. This Class 

D airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Air Missions. The 

effective date and time will thereafter be 

continuously published in the Chart 

Supplement. 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AAL AK E2 King Salmon, AK [Amended] 

King Salmon Airport, AK 

(Lat. 58°40′35′′ N, long. 156°38′55′′ W) 

That airspace extending upward from the 

surface within a 5.3-mile radius of the King 

Salmon Airport, AK, and within 1.1 miles 

each side of the 132° bearing extending from 

the 5.3-mile radius to 6.2 miles southeast of 

the airport, and excluding that airspace 600 

feet MSL and below within 1.5 miles each 

side of the 132° bearing extending from the 

4.4-mile radius to the 5.3-mile radius of the 

airport, and excluding that airspace 600 feet 

MSL and below within 1.1 miles each side 

of the 132° bearing extending from the 5.3- 

mile radius to 6.2 miles southeast of the 

airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to Air 

Missions. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AAL AK E4 King Salmon, AK [Removed] 

King Salmon Airport, AK 

(Lat. 58°40′35′′ N, long. 156°38′55′′ W) 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AAL AK E5 King Salmon, AK [Amended] 

King Salmon Airport, AK 

(Lat. 58°40′35′′ N, long. 156°38′55′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of King Salmon Airport, AK, and 

within 3.3 miles northeast and 3.2 miles 

southwest of the 132° bearing extending from 

the 6.8-mile radius to 9.1 miles southeast of 

the airport, and within 3.9 miles each side of 

the 312° bearing extending from the 6.8-mile 

radius to 13.8 miles northwest of the airport; 

and that airspace extending upward from 

1,200 feet above the surface within a 73-mile 

radius of the King Salmon Airport, AK, 

excluding that airspace extending beyond 12 

miles of the shoreline. 

Issued in Des Moines, Washington, on 

April 4, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–07481 Filed 4–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0915] 

RIN 1625–AA00 

Safety Zones for Parallel Thimble 

Shoal Tunnel Project on the 

Chesapeake Bay Bridge Tunnel; 

Chesapeake Bay, VA 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish temporary safety zones for 

certain waters of the Chesapeake Bay. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near the Chesapeake Bay Bridge 

Tunnel (CBBT), linking Southeastern 

Virginia to the Eastern Shore, during an 

already ongoing construction project on 

the CBBT. This proposed rulemaking 

would prohibit persons and vessels 

from operating within 500 feet of the 

construction area unless authorized by 

the Captain of the Port (COTP) Sector 

Virginia 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 May 23, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0915 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 about this proposed 

rulemaking, call or email LCDR Ashley 

Holm, Sector Virginia, Waterways 

Management Division, U.S. Coast 

Guard, Telephone: (757) 668–5581; 

Email: virginiawaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CBBT Chesapeake Bay Bridge Tunnel 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Virginia 

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 

In December, 2021, the COTP was 

notified by project management for the 

Parallel Thimble Shoals Tunnel Project 

that construction work in vicinity of the 

CBBT’s southern two islands, South 

Thimble Island and North Thimble 

Island, creates hazards to the maritime 

public and recommended the 

establishment of safety zones. Hazards 

include the operation of heavy 

machinery and loads suspended by 

cranes over the waters surrounding the 

islands and attached structures. 

Specifically, safety concerns were raised 

that involved kayakers and vessels 

fishing in the vicinity of the 

construction site despite posted signs 

indicating not to approach the site 

within 500 feet. The COTP has 

determined that potential hazards 

associated with the construction 

equipment used in this project creates a 

safety concern for those transiting 

within 500 feet of the project site. This 

construction project has been ongoing 

for 4 years, workers are present at all 

hours and the work is projected to 

continue for the next 5 years. 

This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the bridge 

tunnel is under construction. The Coast 

Guard is proposing this rulemaking 

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

III. Discussion of Proposed Rule 

The COTP is proposing to establish 

two temporary safety zones extending 

500 feet in all directions from the edge 

of both South Thimble Island and North 

Thimble Island. These islands are 

located approximately 3.3 miles and 4.5 

miles respectively, from the shores of 

Virginia Beach, Virginia, along Highway 

13, and serve as the ends of what is 

commonly called the Chesapeake Bay 

Bridge [southern] Tunnel. The safety 

zones would be in effect until January 

31, 2027. No vessel or person would be 

permitted to enter either of the safety 

zones without obtaining permission 

from the COTP or a designated 

representative. 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 


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Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 20797 

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 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 its minimal impact to the 

local economy, as any fishery needing to 

use these waters can be accommodated 

by the two other man-made islands 

approximately 5 miles to the north and 

the attached 15 miles of bridge trestle 

which are not covered with construction 

equipment, and therefore will not be 

covered by these safety zones. 

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 

zones 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 the establishment of safety 

zones to protect the public from hazards 

created by ongoing construction work. 

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–2021–0915 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. 


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20798 Federal Register / Vol. 87, No. 68 / Friday, April 8, 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.T05–0915 to read as 

follows: 

§ 165.T05–0915 Safety Zones; Chesapeake 

Bay Bridge Tunnel, Chesapeake Bay 

Entrance, VA. 

(a) Location. The following areas are 

safety zones: 

(1) Any waters located within 500 feet 

in all directions from the edge of South 

Thimble Island. South Thimble Island is 

located approximately 3.3 miles north of 

the shores of Virginia Beach on 

Highway 13, also known as the 

Chesapeake Bay Bridge Tunnel (CBBT). 

(2) Any waters located within 500 feet 

in all directions from the edge of North 

Thimble Island. North Thimble Island is 

located approximately 4.5 miles north of 

Virginia Beach on Highway 13. 

(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 Sector Virginia (COTP) in the 

enforcement of the safety zones. The 

term also includes an employee or 

contractor of Chesapeake Tunnel Joint 

Venture (CTJV) for the sole purpose of 

designating and establishing safe transit 

corridors, to permit passage into or 

through these safety zones, or to notify 

vessels and individuals that they have 

entered a safety zone and are required 

to depart immediately. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, no vessel or person may enter 

or remain in any safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP, or designated 

representative. If a vessel or person is 

notified by the COTP, or designated 

representative that they have entered 

one of these safety zones without 

permission, they are required to 

immediately depart in a safe manner 

following the directions given. 

(2) Mariners requesting to transit any 

of these safety zones must first contact 

the CTJV designated representatives, 

CTJV Marine General Superintendant by 

phone at 361–244–8852, CTJV Safety 

Director at 702–415–8600, or CTJV 

Construction Manager at 757–782–7741. 

CTJV will be monitoring VHF–FM 

channels 13 and 16 while work is 

ongoing. If permission is granted, 

mariners must proceed at their own risk 

and strictly observe any and all 

instructions provided by the COTP, or 

designated representative to the mariner 

regarding the conditions of entry to and 

exit from any location within the fixed 

safety zones. 

(d) Enforcement. The Sector Virginia 

COTP may enforce the regulations in 

this section and may be assisted by any 

Federal, state, county, or municipal law 

enforcement agency. 

(e) Enforcement period. This section 

will be enforced until January 31, 2027, 

unless cancelled sooner by the COTP. 

Dated: April 04, 2022. 

Samson C. Stevens, 

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

Port Sector Virginia. 

[FR Doc. 2022–07540 Filed 4–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0181] 

RIN 1625–AA00 

Safety Zone; Demolition of Gerald 

Desmond Bridge; Long Beach, 

California 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

waters near Gerald Desmond Bridge 

during demolition. This action is 

necessary to provide for the safety of life 

on these navigable waters near Long 

Beach, CA, during period where the 

over-the-water portion of the Gerald 

Desmond Bridge will be subject to 

demolition from May 7, through May 9, 

2022. This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port (COTP), Los 

Angeles-Long Beach, 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 April 25, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG 

2022–0181 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 about this proposed 

rulemaking, call or email LCDR Maria 

Wiener at Sector Los Angeles-Long 

Beach Waterways Management Branch 

at (310) 521–3860 or email D11-SMBSectorLALB-WWM@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 March 3, 2022, the Port of Long 

Beach notified the Coast Guard that it 

will be conducting demolition of the 


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