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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Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 20799 

Gerald Desmond Bridge from 12:01 a.m. 

on May 7, 2022, to 11:59 p.m. on May 

9, 2022. The demolition will take place 

at mile 3.3 over Long Beach Harbor on 

the section of the bridge that is over the 

water. Hazards from demolition include 

falling debris and construction work 

conducted on a barge that will be 

moored in such a way that it blocks the 

entire channel. The Captain of the Port 

(COTP), Los Angeles-Long Beach has 

determined that potential hazards 

associated with the demolition of the 

replacement and removal of Gerald 

Desmond Bridge would be a safety 

concern for anyone within a 100-yard 

radius of the bridge. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 100-yard 

radius of the Gerald Desmond Bridge 

before, during, and after the scheduled 

event. 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 

safety zone from 12:01 a.m. on May 7, 

2022, to 11:59 p.m. on May 9, 2022, 

with a contingency date of May 14 

through May 16, 2022. The safety zone 

would cover all navigable within 100- 

yards of the over-water portion of the 

Gerald Desmond Bridge, located 

approximately at mile 3.3 over Long 

Beach Harbor, CA. The duration of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

demolition. There will be no maritime 

access to transit to and from middle 

harbor Long Beach to inner harbor Long 

Beach in vicinity of the Gerald Desmond 

Bridge. A contingency time window for 

the 48-hour closure would start at 12:01 

a.m. on May 14, 2022, and end at 11:59 

p.m. on May 16, 2022, in case of an 

unexpected event forcing a change in 

schedule. The COTP would announce 

the dates and times of enforcement via 

local notice to mariners. No vessel or 

person would be permitted to enter the 

safety zone 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 

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 potential hazards associated 

with the demolition of the replacement 

and removal of Gerald Desmond Bridge. 

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 


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20800 Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 

the human environment. This proposed 

rule involves a safety zone lasting 48 

hours that would prohibit entry within 

100-yards of the potential hazards 

associated with the demolition of the 

replacement and removal of the overwater portion of the Gerald Desmond 

Bridge. Normally such actions are 

categorically excluded from further 

review under paragraph L 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–2022–0181 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. 

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 proposes 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.T11–0181 to read as 

follows: 

§ 165.T11–0181 Safety Zone; Demolition of 

Gerald Desmond Bridge; Long Beach, 

California. 

(a) Location. The safety zone covers 

all navigable waters within 100-yards of 

the over-the-water portion of the Gerald 

Desmond Bridge, located approximately 

at mile 3.3 over Long Beach, CA. 

(b) Effective period. This section is 

effective from 12:01 a.m. on May 7, 2022 

until 11:59 p.m. on May 16, 2022. 

(c) Enforcement period. This section 

will be enforced from 12:01 a.m. on May 

7, 2022 through 11:59 p.m. on May 9, 

2022. In case of unexpected events, a 

contingency enforcement time window 

for the 48-hour closure starts at 12:01 

a.m. on May 14, 2022, and ends at 11:59 

p.m. on May 16, 2022. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry of vessels or persons into the zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

Los Angeles Long Beach (COTP) or 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of the 

COTP. 

(2) In the event of an emergency, 

vessels requiring entry into the safety 

zone must request permission from the 

COTP or a designated representative. To 

seek entry into the safety zone, contact 

the COTP or the COTP’s representative 

by telephone at (310) 521–3801 or on 

VHF–FM channel 16. To coordinate the 

movement of vessel traffic, vessel 

operators may contact the Jacobsen Pilot 

Station at (562) 432–0664 or the Water 

Traffic Coordinator, Andres Velasco, at 

(602) 376–5765. 

(3) Persons and vessels permitted to 

enter the safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public when the safety zone 

is being enforced via a Broadcast 

Notices to Mariners. 

Dated: April 1, 2022. 

R.E. Ore, 

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

Port, Los Angeles Long Beach. 

[FR Doc. 2022–07504 Filed 4–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 512 

[CMS–5527–P2] 

RIN 0938–AT89 

Radiation Oncology (RO) Model 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services, (HHS). 

ACTION: Proposed rule. 

SUMMARY: We are proposing to delay the 

current start date of the RO Model to a 

date to be determined through future 

rulemaking, and to modify the 

definition of the model performance 

period to provide that the start and end 

dates of the model performance period 

for the RO Model will be established in 

future rulemaking. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses specified in the 

ADDRESSES section, by June 7, 2022. 

ADDRESSES: In commenting, please refer 

to file code CMS–5527–P2. 

Comments, including mass comment 

submissions, must be submitted in one 


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