Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40723 

northeast to latitude 39°16′01.19′′ N, 

longitude 076°27′05.65′′ W, thence west 

to and terminating at the point of origin. 

(iii) Southwest Spectator Fleet Area. 

The area is a polygon in shape 

measuring approximately 400 yards in 

length by 175 yards in width. The area 

is bounded by a line commencing at 

position latitude 39°15′30.81′′ N, 

longitude 076°27′05.58′′ W, thence 

south to latitude 39°15′21.06′′ N, 

longitude 076°26′56.14′′ W, thence east 

to latitude 39°15′21.50′′ N, longitude 

076°26′52.59′′ W, thence north to 

latitude 39°15′29.75′′ N, longitude 

076°26′56.12′′ W, thence west to and 

terminating at the point of origin. 

(b) Definitions. As used in this 

section— 

Aerobatics Box is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of an aerobatics box within 

the regulated area defined by this 

section. 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the ‘‘2022 

Tiki Lee’s Shootout on the River 

Airshow’’ event, or otherwise 

designated by the event sponsor as 

having a function tied to the event. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

Spectator Area is an area described by 

a line bound by coordinates provided in 

latitude and longitude within the 

regulated area defined by this section 

that outlines the boundary of an area 

reserved for non-participant vessels 

watching the event. 

(c) Special local regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area. 

When hailed or signaled by an official 

patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter the designated 

Spectator Area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels are 

allowed to enter and remain within the 

aerobatics box. 

(5) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(6) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 4 p.m. to 7 p.m. 

on July 15, 2022, from 1 p.m. to 4 p.m. 

on July 16, 2022, and from 1 p.m. to 4 

p.m. on July 17, 2022. 

Dated: June 30, 2022. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2022–14378 Filed 7–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0553] 

RIN 1625–AA00 

Safety Zone; Pacific Gas and Electric 

Radiological Barrier Maintenance, 

Eureka, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Humboldt Bay in 

Eureka, CA, in support of the Pacific 

Gas and Electric Radiological Barrier 

Maintenance on July 13, 2022. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the dangers associated with 

the maintenance, such as radiation 

exposure. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without the permission 

of the Captain of the Port San Francisco 

or a designated representative. 

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

until 5 p.m. on July 13, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0553 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 Lieutenant Anthony Solares, 

Sector San Francisco Waterways 

Management Division, U.S. Coast 

Guard; telephone 415–399–3585, email 

SFWaterways@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 


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40724 Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 

II. Background Information and 

Regulatory History 

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 the 

Coast Guard did not receive final details 

for this project until June 24, 2022. It is 

impracticable to go through the full 

notice and comment rule making 

process because the Coast Guard must 

establish this safety zone by July 13, 

2022, and lacks sufficient time to 

provide a reasonable comment period 

and to 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 immediate action is 

necessary to protect personnel, vessels, 

and the marine environment from the 

potential safety hazards created by the 

radiological barrier maintenance 

beginning on July 13, 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 San Francisco 

(COTP) has determined that potential 

hazards associated with the movement 

of radiological shielding barriers starting 

July 13, 2022, will be a safety concern 

for anyone within 200-meters of 

position: 40°44′31′′ N, 124°12′39′′ W 

(NAD83). For this reason, this 

temporary safety zone is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone for the 

duration of the barrier maintenance. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. until 5 p.m. on July 13, 

2022. The safety zone will cover all 

navigable waters within 200-meters of 

position: 40°44′31′′ N, 124°12′39′′ W 

(North American Datum 83 (NAD83)). 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while radiological material is 

exposed. A 22,700 pound lid to one of 

six fortified storage casks, containing 

spent nuclear fuel rods, be lifted for 

inspection. No vessel or person will be 

permitted to enter into, transit through, 

or remain in the safety zone without 

obtaining permission from the COTP or 

a designated representative. A 

‘‘designated representative’’ means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel, or a Federal, State, or 

local officer designated by or assisting 

the COTP in the enforcement of the 

safety zone. 

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 limited size, location, 

duration, and time-of-day of the safety 

zone. This safety zone will impact a 

small designated area of Humboldt Bay 

in Eureka, CA. Moreover, the Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone. Any vessels or 

persons desiring to transit through or 

around the temporary safety zone may 

do so upon express permission from the 

COTP or the COTP’s designated 

representative. 

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 


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Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40725 

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 ten hours 

over a single day operation period that 

will prohibit entry within 200-meters of 

position: 40°44′31′′ N, 124°12′39′′ W 

(NAD83). 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.T11–105 to read as 

follows: 

§ 165.T11–105 Safety Zone; Pacific Gas 

and Electric Radiological Barrier 

Maintenance, Eureka, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of 

Humboldt Bay in Eureka, CA, from 

surface to bottom, within a circle 

formed by connection of all points 200- 

meters from position: 40°44′31′′ N, 

124°12′39′′ W (NAD83) or as announced 

via Broadcast Notice to Mariners. These 

coordinates are based on North 

American Datum 83 (NAD 83). 

(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, or a 

Federal, State, and Local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(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 COTP 

or the COTP’s designated representative. 

(2) During the enforcement periods, 

the safety zone is closed to all vessel 

traffic, except as may be permitted by 

the COTP or the COTP’s designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement periods. This section 

will be enforced from 7 a.m. until 5 p.m. 

on July, 13, 2022. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with § 165.7. 

Dated: July 1, 2022. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2022–14573 Filed 7–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0466] 

RIN 1625–AA11 

Regulated Navigation Area; Oregon 

Inlet Channel, Marc Basnight Bridge, 

Dare County, NC 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary regulated 

navigational area (RNA) for navigable 

waters of Oregon Inlet Channel. Due to 

severe shoaling in the Oregon Inlet 

Channel, the navigational channel will 

be moved until shoaling can be 

mitigated by dredging crews. The new, 

temporary, channel through the Marc 

Basnight Bridge may not be suitable for 

vessels of 100 gross tons (GT) or greater. 

This temporary RNA is needed to 

protect personnel, vessels, bridge 

infrastructure, and the marine 

environment from potential hazards 

associated with the transit of vessels 100 

GT or greater until the original channel 

can be restored. Transit of vessels 100 

GT or greater through this area is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) North Carolina or designated 

representative. 

DATES: This rule is effective without 

actual notice from July 8, 2022, through 

June 30, 2023. For purposes of 

enforcement, actual notice will be used 

from July 5, 2022, until July 8, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0466 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 Ken Farah, 

Waterways Management Division, U.S. 

Coast Guard; telephone 910–772–2221, 

email ncmarineevents@uscg.mil. 


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