28776 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Rules and Regulations 

investigation which may impede those 

actions or investigations; reveal 

confidential sources who might not 

have otherwise come forward to assist 

in an investigation and thereby hinder 

DoD’s ability to obtain information from 

future confidential sources; and result 

in an unwarranted invasion of the 

privacy of others. 

(B) Subsection (c)(4), (d)(3) and (4). 

These subsections are inapplicable to 

the extent that an exemption is being 

claimed from subsections (d)(1) and (2). 

(C) Subsection (e)(1). In the collection 

of information for investigatory or law 

enforcement purposes, it is not always 

possible to conclusively determine the 

relevance and necessity of particular 

information in the early stages of the 

investigation or adjudication. In some 

instances, it will be only after the 

collected information is evaluated in 

light of other information that its 

relevance and necessity for effective 

investigation and adjudication can be 

assessed. Collection of such information 

permits more informed decision-making 

by the Department when making 

required disciplinary and prosecutorial 

determinations. Additionally, records 

within this system may be properly 

classified pursuant to executive order. 

Accordingly, application of exemptions 

(j)(2), (k)(1) and (k)(2) may be necessary. 

(D) Subsection (e)(2). To collect 

information from the subject individual 

could serve notice that he or she is the 

subject of a criminal investigation and 

thereby present a serious impediment to 

such investigations. Collection of 

information only from the individual 

accused of criminal activity or 

misconduct could also subvert 

discovery of relevant evidence and 

subvert the course of justice. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(E) Subsection (e)(3). To inform 

individuals as required by this 

subsection could reveal the existence of 

a criminal investigation and 

compromise investigative efforts. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(F) Subsections (e)(4)(G) and (H). 

These subsections are inapplicable to 

the extent an exemption is claimed from 

subsections (d)(1) and (2). 

(G) Subsection (e)(4)(I). To the extent 

that this provision is construed to 

require more detailed disclosure than 

the broad, generic information currently 

published in the system notice, an 

exemption from this provision is 

necessary to protect the confidentiality 

of sources of information and to protect 

the privacy and physical safety of 

witnesses and informants. Accordingly, 

application of exemptions (j)(2), (k)(1), 

and (k)(2) may be necessary. 

(H) Subsection (e)(5). It is often 

impossible to determine in advance if 

investigatory records contained in this 

system are accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement, it is 

necessary to retain this information to 

maintain an accurate record of the 

investigatory activity to preserve the 

integrity of the investigation and satisfy 

various Constitutional and evidentiary 

requirements, such as mandatory 

disclosure of potentially exculpatory 

information in the investigative file to a 

defendant. It is also necessary to retain 

this information to aid in establishing 

patterns of activity and provide 

investigative leads. With the passage of 

time, seemingly irrelevant or untimely 

information may acquire new 

significance as further investigation 

brings new details to light and the 

accuracy of such information can only 

be determined through judicial 

processes. Accordingly, application of 

exemption (j)(2) may be necessary. 

(I) Subsection (e)(8). To serve notice 

could give persons sufficient warning to 

evade investigative efforts. Accordingly, 

application of exemption (j)(2) may be 

necessary. 

(J) Subsection (f). The agency’s rules 

are inapplicable to those portions of the 

system that are exempt. Accordingly, 

application of exemptions (j)(2), (k)(1), 

and (k)(2) may be necessary. 

(K) Subsection (g). This subsection is 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

* * * * * 

Dated: May 6, 2022. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2022–10127 Filed 5–10–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0330] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD, and King George 

County, VA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. 

This action is necessary to provide for 

the safety of persons, and the marine 

environment from the potential safety 

hazards associated with construction 

operations at the new Governor Harry 

W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge, 

which will occur from May 16, 2022, 

through June 18, 2022. This rule will 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port, MarylandNational Capital Region or a designated 

representative. 

DATES: This rule is effective from 7 a.m. 

on May 16, 2022, through 8 p.m. on 

June 18, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0330 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 Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

2674, email Ronald.L.Houck@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 

§ Section 

TFR Temporary final rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 21, 2022, Skanska-CormanMcLean, Joint Venture notified the 

Coast Guard that the company will be 

setting pier protection fender ring 


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precast segments adjacent to the Federal 

navigation channel at the new Governor 

Harry W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge. 

Details of the operation were provided 

to the Coast Guard on April 27, 2022. A 

total of ten pier protection fender ring 

precast segments are to be set at two 

pier protection fender rings, which are 

located on each side of the Federal 

navigation channel. The setting of these 

segments is required to complete the 

construction of the bridge pier 

protection. The setting of each precast 

segment will require a minimum of two 

days and will be conducted between 7 

a.m. and 8 p.m. from May 16, 2022, to 

June 18, 2022. The setting of four of the 

ten precast segments, two segments at 

each pier protection fender ring, 

described by the contractor does not 

require placing equipment within the 

Federal navigation channel. 

The setting of six of the ten precast 

segments, three segments at each pier 

protection fender ring, described by the 

contractor requires the movement in 

and anchoring at multiple points of a 

large crane barge within the Federal 

navigation channel. This crane can 

accommodate all of the 250-ton fender 

ring precast segments to be hoisted and 

placed precisely. The required sequence 

of the work involved means that heavy 

lift operations conducted from within 

the Federal navigation channel will not 

be completed continuously. On days 

when this work will be conducted, the 

large crane barge will be required to 

remain within the Federal navigation 

channel between 8 p.m. and 7 a.m., 

which will streamline the operation by 

avoiding the more than four hours it 

takes to demobilize and transport the 

large crane barge and its associated 

anchoring equipment, thereby reducing 

the time in the channel by several days. 

This operation will impede vessels 

requiring the use of the channel. 

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 doing 

so would be impracticable and contrary 

to the public interest. Construction 

operations involving large crane heavy 

lifts at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge must occur 

within the Federal navigation channel. 

Immediate action is needed to respond 

to the potential safety hazards 

associated with bridge construction. 

Hazards from the construction 

operations include low-hanging or 

falling ropes, cables, large cement cast 

portions, dangerous projectiles, and or 

other debris. We must establish this 

safety zone by May 16, 2022, to guard 

against these hazards. 

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 and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with construction operations 

at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge to be 

conducted within the Federal 

navigation channel. 

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 COTP 

has determined that potential hazards 

associated with bridge construction 

starting May 16, 2022 will be a safety 

concern for anyone within the Federal 

navigation channel at the new Governor 

Harry W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge 

construction site. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

bridge is being constructed. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7 a.m. on May 16, 

2022, through 8 p.m. on June 16, 2022. 

The safety zone will cover all navigable 

waters of the Potomac River 

encompassed by a line connecting the 

following points beginning at 

38°21′50.96′′ N, 076°59′22.04′′ W, thence 

south to 38°21′43.08′′ N, 076°59′20.55′′ 

W, thence west to 38°21′41.00′′ N, 

076°59′34.90′′ W, thence north to 

38°21′48.90′′ N, 076°59′36.80′′ W, and 

east back to the beginning point located 

between Charles County, MD, and King 

George County, VA. 

The duration of the zone is intended 

to protect personnel and the marine 

environment in these navigable waters 

while pier protection fender ring precast 

segments are being set at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge. Except for marine 

equipment and vessels operated by 

Skanska-Corman-McLean, Joint Venture, 

or its subcontractors, no vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP MarylandNational Capital Region or a designated 

representative. 

The COTP will notify the public that 

the safety zone will be enforced by all 

appropriate means to the affected 

segments of the public, as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification will also include, 

but are not limited to, Broadcast Notice 

to Mariners. Vessels or persons violating 

this rule are subject to the penalties set 

forth in 46 U.S.C. 70036 (previously 

codified in 33 U.S.C. 1232) and 46 

U.S.C. 70052 (previously codified in 50 

U.S.C. 192). 

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 size of the safety zone. The 

temporary safety zone is approximately 

450 yards in width and 270 yards in 

length. This safety zone will impact a 

small designated area of the Potomac 

River for 34 days, but we anticipate that 

there will be no vessels that are unable 

to conduct business. Excursion vessels 

and commercial fishing vessels are not 

impacted by this rulemaking. Excursion 

vessels do not operate in this area, and 

commercial fishing vessels are not 

impacted because of their draft. Some 

towing vessels may be impacted, but 

bridge project personnel have been 

conducting outreach throughout the 

project in order to coordinate with those 

vessels. Vessel traffic, including 

recreational vessels, not required to use 

the navigation channel will be able to 

safely transit around the safety zone. 

Such vessels may be able to transit to 

the east or the west of the Federal 


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navigation channel, as similar vertical 

clearance and water depth exist under 

the next bridge span to the east and 

west. Moreover, the Coast Guard will 

issue Local Notices to Mariners and a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 

temporary 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 

temporary safety zone lasting 34 total 

days that will prohibit entry within a 

portion of the Potomac River. It is 

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 

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. 

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: 

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.T05–0330 to read as 

follows: 

§ 165.T05–0330 Safety Zone; Potomac 

River, Between Charles County, MD and 

King George County, VA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′50.96′′ N, 

076°59′22.04′′ W, thence south to 

38°21′43.08′′ N, 076°59′20.55′′ W, thence 

west to 38°21′41.00′′ N, 076°59′34.90′′ 

W, thence north to 38°21′48.90′′ N, 

076°59′36.80′′ W, and east back to the 

beginning point, located between 

Charles County, MD, and King George 

County, VA. These coordinates are 

based on datum NAD 83. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer, 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 Maryland-National Capital 

Region (COTP) in the enforcement of the 

safety zone. 

Marine equipment means any vessel, 

barge or other equipment operated by 


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1 DOT OIG, No. ST2018076, ‘‘DOT Operating 

Administrations Can Better Enable Referral of 

Potentially Criminal Activity to OIG’’ (Aug. 22, 

2018) (OIG Report). 

2 DOT, Order No. 8000.8A, ‘‘Office of Inspector 

General Investigative Responsibilities,’’ at 6(c) (Nov. 

20, 2020). 

3Specifically, PHMSA Office of Hazardous 

Materials Safety, ‘‘Inspection, Investigation and 

Enforcement Manual Version 2.1,’’ available at 

https://www.phmsa.dot.gov/field-operations/ 

operational-guidance/inspection-investigation-andenforcement-manual-version-21 (update 

forthcoming) and PHMSA Office of Pipeline Safety, 

‘‘Pipeline Safety Enforcement Procedures,’’ 

available at https://www.phmsa.dot.gov/pipeline/ 

enforcement/pipeline-enforcement-procedures (last 

accessed Apr. 11, 2022). 

4 58 FR 51735 (Oct. 4, 1993). 

5Under 5 U.S.C. 603(a), the RFA also applies 

when an agency ‘‘publishes a notice of proposed 

rulemaking for an interpretative rule involving the 

internal revenue laws of the United States.’’ 

However, this rule does not involve the internal 

revenue laws of the United States. 

Skanska-Corman-McLean, Joint Venture, 

or its subcontractors. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, except for marine equipment, 

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 telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

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 officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. The section 

will be enforced from 7 a.m. on May 16, 

2022, through 8 p.m. on June 18, 2022. 

Dated: May 5, 2022. 

David E. O’Connell, 

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

Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2022–10093 Filed 5–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107 and 190 

[Docket No. PHMSA–2021–0119] 

RIN 2137–AF58 

Administrative Rulemaking—Criminal 

Referrals 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Final rule. 

SUMMARY: PHMSA is incorporating 

within its regulations language noting 

its employees’ ability to refer actual or 

possible criminal activity in connection 

with PHMSA’s jurisdictional statutes 

directly to the DOT Office of Inspector 

General (OIG). 

DATES: Effective May 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Henowitz, Attorney-Advisor, 

Office of Chief Counsel, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE, Washington, DC 20590, 

Jeremy.Henowitz@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

PHMSA regulations governing its 

hazardous materials safety and pipeline 

safety programs provide for referral of 

actual or possible criminal violations of 

the Hazardous Materials Transportation 

Act (49 U.S.C. 5101 et seq.), Pipeline 

Safety Act (49 U.S.C. 60101 et seq.), and 

orders or regulations issued thereunder, 

to law enforcement personnel. 

Specifically, 49 CFR 107.335 and 

190.293 contemplate that employees 

will report such activity through 

internal channels, with the PHMSA 

Office of Chief Counsel thereafter 

directing allegations to the Department 

of Justice (DOJ). PHMSA regulations are 

silent regarding whether employees may 

bring criminal referrals directly to OIG. 

OIG concluded in an August 22, 2018, 

audit report 1 that DOT and its 

Operating Administrations’ policies 

governing employee referrals of actual 

or possible criminal activity to OIG were 

dated, and that some Operating 

Administration policies may in fact 

hinder such referrals to OIG. OIG 

recommended updating pertinent DOT 

Orders regarding an employee’s ability 

to refer criminal activity to OIG, 

followed by each Operating 

Administration aligning their 

procedures with those updated DOT 

Orders. 

DOT issued Order 8000.8A 2 to 

implement OIG’s recommendation. DOT 

Order 8000.8A built on language within 

predecessor DOT Order 8000.8 and DOT 

Order 8000.5A regarding employees 

reporting criminal activity through 

internal channels, by stating explicitly 

that DOT ‘‘[e]mployees also have the 

option of making a direct referral to the 

Inspector General.’’ PHMSA has also 

updated pertinent agency procedures 3

to align with those revisions introduced 

in DOT Order 8000.8A. 

In parallel with updating pertinent 

procedures, PHMSA is updating 

provisions in its regulations governing 

criminal referrals through this 

rulemaking. The revised language in 

§§ 107.335 and 190.293 clarifies that 

PHMSA employees may directly refer 

actual or possible criminal activity to 

OIG through its hotline accessible by 

telephone, email, physical mail, or 

OIG’s website (https://www.oig.dot.gov/ 

fraud-hotline). PHMSA expects that 

these amendments to its regulations will 

increase transparency, accountability, 

reduce waste, fraud, and abuse, and are 

in line with PHMSA’s mission to assure 

safe transportation of energy and 

hazardous materials. 

II. Issuance of a Final Rule 

DOT is publishing this final rule 

without notice and comment and with 

an immediate effective date. The 

Administrative Procedure Act (APA) (5 

U.S.C. 551, et seq.) does not require 

notice and comment procedures for 

rulemakings establishing rules 

governing ‘‘matter[s] relating to agency 

management or personnel.’’ 5 U.S.C. 

553(a)(2). Here, the language being 

added to the regulations concerns 

internal PHMSA procedures regarding 

employees’ direct referral of actual or 

possible criminal activity to OIG. 

III. Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule has been evaluated in 

accordance with existing policies and 

procedures and is considered not 

significant under Executive Order 12866 

(‘‘Regulatory Planning and Review’’) 4

and DOT Order 2100.6A (‘‘Rulemaking 

and Guidance Procedures’’); therefore, 

the final rule has not been reviewed by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

B. Regulatory Flexibility Analysis 

PHMSA has determined the 

Regulatory Flexibility Act of 1980 (RFA) 

(5 U.S.C. 601, et seq.) does not apply to 

this rulemaking. The RFA applies, in 

pertinent part, only when ‘‘an agency is 

required . . . to publish general notice 

of proposed rulemaking.’’ 5 U.S.C. 

604(a).5 The Small Business 

Administration’s ‘‘A Guide for 

Government Agencies: How to Comply 

with the Regulatory Flexibility Act’’ 

(2017), explains that: 

If, under the APA . . . the agency is 

required to publish a general notice of 


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