21748 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

For the reasons discussed in the 

preamble, the Coast Guard amends 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. 0170.1., Revision No. 01.2.Inserting 

required closing tag for E. 

■ 2. Add § 165.T08–0250 to read as 

follows: 

§ 165.T08–0250 Safety Zone; Tennessee 

River, Chattanooga, TN. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Tennessee River, Mile Markers 464.0 to 

464.5, extending the entire width of the 

river. 

(b) Periods of enforcement. This 

section will be enforced from 9 p.m. 

through 10 p.m. on April 30, 2022. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Ohio Valley (COTP) 

or the COTP’s designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Ohio Valley. 

(2) Vessels requiring entry into this 

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 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and 

Marine Safety Information Bulletins 

(MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

Dated: April 6, 2022. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2022–07819 Filed 4–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0751] 

RIN 1625–AA00 

Safety Zone; Chincoteague Bay, 

Chincoteague, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters within a 500- 

yard radius from centerpoint of a 

downed aircraft reported within 

Chincoteague Bay just north of Wildcat 

Point. This action is necessary to 

provide for the safety of persons and the 

marine environment from the potential 

safety hazards associated with the 

damage assessment and salvage of the 

grounded aircraft, through May 6, 2022. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Virginia or designated 

representative. 

DATES: This rule is effective without 

actual notice from April 13, 2022 

through May 6, 2022. For the purposes 

of enforcement, actual notice will be 

used from April 7, 2022, until April 13, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0751 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 LCDR Ashley Holm, Sector 

Virginia, Waterways Management 

Division, U.S. Coast Guard, Telephone: 

757–668–5580, email: 

virginiawaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 

On March 31, 2022, the Coast Guard 

issued notification of a rulemaking 

creating a temporary safety zone on the 

navigable waters of Chincoteague Bay to 

protect persons and vessels during 

damage assessment and salvage 

operations at the aircraft wreck site. The 

original safety zone was effective 

through April 7, 2022. A copy of the 

rulemaking that ended on April 7, 2022 

is available in the Docket USCG–2022– 

0751, which can be found using 

instructions in the ADDRESSES section. 

However, additional time is needed to 

conduct the damage assessment and 

salvage operations, and, as a result, the 

Coast Guard is establishing through 

temporary regulations a safety zone that 

will be in effect through May 6, 2022. 

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 extension because it 

would be impracticable and contrary to 

the public interest. The Coast Guard was 

unable to publish an NPRM and hold a 

reasonable comment period for this 

rulemaking due to the emergent nature 

of the continuing damage assessment 

and salvage operations and required 

publication of this extension. 

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 impracticable 

because immediate action to restrict 

vessel traffic within the aircraft 

wreckage site is needed to protect life, 

property and the environment, therefore 

a 30-day notice period is impracticable. 

Delaying the effective date would be 

contrary to the safety zone’s intended 

objectives of providing immediate 

protection to on-scene emergency 

personal, creating a working buffer 

necessary to mitigate any safety and 

potential pollution threats caused by the 

wreckage and establishing immediate 

maritime safety in the vicinity of onscene salvage and damage assessments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

Captain of the Port Sector Virginia 

(COTP) has determined that potential 

hazards exist within the aircraft 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21749 

wreckage site and it is necessary to keep 

the area clear while assessments and 

salvage operations are being conducted. 

This rule is needed to protect persons 

who may transit in the vicinity of the 

wreckage site which involves on-going 

damage assessments, the potential for 

floating wreckage debris, potential 

pollution, and salvage operations. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone through May 6, 2022. The 

safety zone includes all navigable 

waters within 500 yards of the wreckage 

site at approximate position 37°59.27′ 

N, 075°18.75′ W just north of Wildcat 

Point. The extended duration of the 

zone is intended to protect personnel, 

vessels, and the maritime environment 

in these navigable waters while damage 

assessment and salvage operations are 

conducted. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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, and 

limited duration of the safety zone. This 

zone impacts a small designated area of 

the Chincoteague Bay for a total of no 

more than 30 days and operations may 

suspend early at the discretion of the 

Captain of the Port, Sector Virginia. 

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 safety 

zone 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 safety 

zone lasting for 30 days that will 

prohibit entry within certain navigable 

waters of the Chincoteague Bay. It is 

categorically excluded from further 

review under paragraph L60(d) 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 165 

Harbors, 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 165 as follows: 


jspears on DSK121TN23PROD with RULES1
21750 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 

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. 0170.1. 

■ 2. Add § 165.T05–0751 to read as 

follows: 

§ 165.T05–0751 Safety Zone; 

Chincoteague Bay, Chincoteague, VA 

(a) Location. The following area is a 

safety zone: All waters of the 

Chincoteague Bay extending 500 yards 

from centerpoint of the wreckage site at 

approximate position 37° 59.27′ N, 075° 

18.75′′ W just north of Wildcat Point. 

(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 zone. 

(c) Regulations. Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF/FM Chanel 16. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This rule will 

be enforced April 7, 2022, through May 

6, 2022, unless an earlier end is 

announced by broadcast notice to 

mariners. 

Dated: April 5, 2022. 

Samson C. Stevens, 

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

Port Sector Virginia. 

[FR Doc. 2022–07656 Filed 4–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0223] 

RIN 1625–AA00 

Safety Zone; Tennessee River, 

Tuscumbia, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Tennessee 

River from mile marker (MM) 244.0 to 

MM 246.0. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by TVA imploding the 

Colbert Fossil Plant. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Ohio Valley 

or a designated represenative. 

DATES: This rule is effective from 6 a.m. 

through 8 a.m. on April 14, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0223 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 Petty Officer Third Class 

Benjamin Gardner, Marine Safety 

Detachment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email 

Benjamin.T.Gardner@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 

emergency 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 

safety zone immediately and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

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

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the TVA 

Colbert Fossil Plant Implosion will be a 

safety concern for anyone within 2 

miles of the Colbert Plant implosion, 

and is establishing a safety zone from 

mile marker (MM) 244.0 to 246.0 on the 

Tennessee River. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters for the duration of the fiber line 

installation. 

IV. Discussion of the Rule 

This rule establishes an emergency 

safety zone from 6 a.m. until 8 a.m. on 

April 14, 2022. The safety zone will 

cover all navigable waters between Mile 

Marker (MM) 244.0 to 246.0 on the 

Tennessee River, extending the entire 

width of the river. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while TVA is 

imploding the Colbert Fossil Plant. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Ohio Valley. 

Vessels requiring entry into this 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 502–779–5422 or on 

VHF–FM channel 16. Persons and 

vessels permitted to enter this safety 

zone must transit at their slowest safe 

speed and comply with all lawful 

directions issued by the COTP or the 

designated representative. 

The COTP or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and Marine Safety Information 

Bulletins (MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

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. 


jspears on DSK121TN23PROD with RULES1