Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40449 

receiving such authorization must 

comply with the instructions of the 

COTP Key West or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners via VHF–FM channel 

16, and/or by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7:00 a.m. until 

7:30 p.m. on July 11, 2022. In case of 

adverse weather on July 11, 2022, this 

section will be enforced from 7:00 a.m. 

until 7:30 p.m. on July 12, 2022. 

Dated: June 30, 2022. 

J.D. Ingram, 

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

Port Key West. 

[FR Doc. 2022–14415 Filed 7–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0547] 

RIN 1625–AA00 

Safety Zone; Lowering of Gerald 

Desmond Bridge; Long Beach, 

California 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters near Gerald Desmond Bridge 

during the removal of the over-the-water 

span. This action is necessary to provide 

for the safety of life on these navigable 

waters near Long Beach, CA, from July 

9 through July 11, 2022, where the overthe-water portion of the Gerald 

Desmond Bridge will be lowered and 

transported to pier T, Port of Long 

Beach. This rulemaking will 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. 

DATES: This rule is effective from 12:01 

a.m. on July 9, 2022, through 11:59 p.m. 

July 11, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0547 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 about this 

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 Information and 

Regulatory History 

On March 3, 2022, the Port of Long 

Beach notified the Coast Guard that it 

will be removing the over-the-water 

span of the Gerald Desmond Bridge 

from 12:01 a.m. on July 9, 2022, to 11:59 

p.m. on July 11, 2022. The removal will 

take place at mile 3.3 over Long Beach 

Harbor on the section of the bridge that 

is over the water. Hazards from removal 

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 removal of Gerald 

Desmond Bridge would be a safety 

concern for anyone within a 200-yard 

radius of freight barge FOSS 3612 (O.N. 

1255436) during lowering and transport 

of the bridge span. 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable; the Coast Guard must 

establish this safety zone by July 9, 

2022. This urgent safety zone is required 

to protect the maritime public and the 

surrounding waterways from hazards 

associated with the bridge lowering and 

removal project. The Coast Guard lacks 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to public 

interest because action is needed to 

ensure the safety of life on the navigable 

waters near Long Beach, CA, during the 

bridge demolition activities scheduled 

to begin on July 9, 2022. 

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 Los Angeles—Long 

Beach (COTP) has determined that 

potential hazards associated with the 

Gerald Desmond Bridge span removal 

and transport on July 9 through July 11, 

2022, will be a safety concern for 

waterways users within a 200-yard 

radius of freight barge FOSS 3612 (O.N. 

1255436). This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone before, during, 

and after the scheduled demolition. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 200-yard 

radius north of the bridge to 1,000-yard 

radius south of the Gerald Desmond 

Bridge before, during, and after the 

scheduled event. The Coast Guard is 

issuing this rulemaking under authority 

in 46 U.S.C. 70034 (previously 33 U.S.C. 

1231). 

IV. Discussion of the Rule 

The COTP is establishing a safety 

zone from 12:01 a.m. on July 9, 2022, to 

11:59 p.m. on July 11, 2022. The safety 

zone covers all navigable waters within 

a 200-yard radius of freight barge FOSS 

3612 (O.N. 1255436). The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the scheduled 

lowering of the over-water-span of the 

Gerald Desmond Bridge. The COTP will 

announce the dates and times of 

enforcement via local notice to 

mariners. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text appears at the end 

of this document. 

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. 


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40450 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 

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 

duration of the safety zone. The safety 

zone will only last 3 days and will be 

limited in size to the area around the 

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 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 48 hours that would 

prohibit entry within a 200-yard radius 

surrounding freight barge FOSS 3612 

(O.N. 1255436) due to potential hazards 

associated with the removal and 

transport of the over-water portion of 

the Gerald Desmond Bridge. It is 

categorically excluded from further 

review under paragraph L 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.T11–104 to read as 

follows: 

§ 165.T11–104 Safety Zone; Lowering of 

Gerald Desmond Bridge; Long Beach, 

California. 

(a) Location. The safety zone covers 

all navigable waters within 200-yard 

radius surrounding freight barge FOSS 

3612 (O.N. 1255436) due to potential 

hazards associated with the removal and 

transport of the over-water portion of 

the Gerald Desmond Bridge, located 

approximately at mile 3.3 over Long 

Beach Harbor on the section of the 

bridge that is over the water. 

(b) Effective period. This section is 

effective from 12:01 a.m. on July 9, 

2022, until 11:59 p.m. on July 11, 2022. 

(c) Enforcement period. This section 

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

9, 2022, through 11:59 p.m. on July 11, 

2022. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40451 

(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: June 30, 2022. 

R.D. Manning, 

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

Port, Los Angeles—Long Beach. 

[FR Doc. 2022–14386 Filed 7–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 0 

RIN 2900–AR52 

Principle-Based Ethics Framework for 

Access to and Use of Veteran Data 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA or Department) amends its 

regulations concerning the standards of 

ethical conduct and related 

responsibilities of its employees by 

adopting an overarching principle-based 

ethics framework for access to and use 

of veteran data. This framework is an 

important part of VA’s data governance 

strategy. A data ethics framework can 

ensure uniform ethics standards for data 

practices and address consumer 

protection and data stewardship 

concerns that are beyond traditional 

privacy and confidentiality practices. 

This framework is intended to be 

applied by all parties who oversee the 

access to, sharing of, or the use of 

veteran data, or who access, share, or 

use veteran data themselves in the 

context of all other specific clinical, 

technical, fiscal, regulatory, 

professional, industry, and other 

standards. 

DATES: This final rule is effective July 7, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Berkowitz MD FCCP, Special 

Advisor, VHA National Center for Ethics 

in Health Care (10ETH), Department of 

Veterans Affairs, Veterans Health 

Administration, 810 Vermont Ave. NW, 

Washington, DC 20420. 202–632–8457. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: Federal 

statutes and regulation establish 

parameters for accessing, sharing, and 

use of data collected by Federal and 

state agencies as well as nongovernmental organizations and 

institutions. Limitations on accessing, 

sharing, or use of data varies based on 

what type of data is collected. Various 

Federal laws require or permit 

disclosure or sharing of data under 

specific circumstances. 

While law, regulation, and policy set 

important standards for data access, 

sharing, and use, they do not always 

provide definitive guidance about how 

VA should manage access, sharing, or 

use of veteran data when regulation and 

policy permit organizational discretion. 

Given burgeoning access to, sharing of, 

and use of VA data, proceeding without 

establishing clear expectations for 

access to, sharing of, and use of VA data 

is a disservice to veterans, the 

Department, and our partners, and 

creates a serious risk due to inconsistent 

or problematic data access, sharing, or 

use. These risks could undermine our 

imperative to harness the tremendous 

potential of VA data to support and 

improve veteran health and wellness; 

the delivery of services to veterans; and 

overall public health. VA has adopted 

an overarching principle-based ethics 

framework for access to, sharing of, and 

use of veteran data which is the subject 

of this rulemaking. This framework is an 

important part of VA’s data governance 

strategy. A data ethics framework 

ensures uniform ethics standards for 

data practices and addresses concerns 

that are beyond traditional privacy and 

confidentiality practices. 

This data ethics framework is 

intended to be applied by all parties 

who oversee the access to, sharing of, or 

the use of veteran data, or who access 

or use veteran data themselves in the 

context of all other specific clinical, 

technical, fiscal, regulatory, 

professional, industry, and other 

standards. 

In brief, the Ethical Framework 

Principles for Access to and Use of 

Veteran Data, explained in further detail 

in regulation, are as follows: 

Principle 1. The primary goal for use 

of veteran data is for the good of 

veterans. Veteran data is personal and 

sensitive. 

Principle 2. Veteran data should be 

used in a manner that ensures equity to 

veterans. 

Principle 3. The sharing of veteran 

data should be based on the veteran’s 

meaningful choice. 

Principle 4. Access to and exchange of 

veteran data should be transparent and 

consistent. 

Principle 5. De-identified veteran data 

should not be reidentified without 

authorization. 

Principle 6. There is an obligation of 

reciprocity for gains made using veteran 

data. 

Principle 7. All parties are obligated 

to ensure data security, quality and 

integrity of veteran data. 

Principle 8. Veterans should be able 

to access to their own information. 

Principle 9. Veterans have the right to 

request amendments to their own 

information. 

Administrative Procedure Act 

The Administrative Procedure Act 

provides that the general requirement 

that notice and opportunity for public 

comment does not apply to a matter 

relating to agency management or 

personnel, rules of agency procedure or 

practice, or general statements of policy. 

5 U.S.C. 553(a)(2) and (b)(3)(A). The 

Secretary finds that this rulemaking 

concerning VA’s data ethics framework 

for access to and use of veteran data 

relates solely to agency procedure or 

practice and is a general statement of 

policy and is exempt from notice and 

comment provisions of the 

Administrative Procedure Act. For the 

same reason, this rule is also exempt 

from the delayed effective-date 

requirement in 5 U.S.C. 553(d). 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule does not have a 

significant economic impact on a 

substantial number of small entities as 


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