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. 


jspears on DSK121TN23PROD with RULES1
40726 Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 

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 

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 due to the safety hazard 

associated with the extreme shoaling in 

this area and shifiting of the main 

navigational channel. The potential 

safety hazards associated with vessels 

100 GT or greater transiting this span of 

the Marc Basnight Bridge must be 

mitigated until the original channel can 

be restored. It is impracticable to 

publish an NPRM and consider the 

public comments because we must 

establish this temporary RNA 

immediately in order to address 

significant shoaling, and protect vessels, 

infrastructure, and the marine 

environment. 

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 

needed to restrict the transit of vessels 

of 100 GT or greater through this 

dangerous span of the Marc Basnight 

Bridge. 

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 District 

5 Commader has determined that 

potential hazards associated with 

vessels 100 GT or greater transiting the 

Marc Basnight Bridge in the new, 

temporary, Oregon Inlet Channel will be 

a safety concern to the public. This rule 

is needed to protect personnel, vessels, 

bridge infrastructure, and the marine 

environment until the original channel 

is restored. 

IV. Discussion of the Rule 

This rule establishes a temporary 

regulated navigational area for navigable 

waters of Oregon Inlet Channel until the 

original Oregon Inlet Channel is 

restored. Due to severe shoaling at 

Oregon Inlet Channel, Aids to 

Navigation Team (ANT) Wanchese 

established a new channel which passes 

from the Oregon Inlet Entrance Channel 

through Marc Basnight Bridge 

temporary navigable span 34 to the west 

side of the bridge. The original Oregon 

Inlet Channel crossing under the Marc 

Basnight Bridge (NC–12) at spans 23–31 

has been relocated north-west to span 

34, between bents 33 and 34. This 

temporary span provides vertical 

clearance of approximately 37 feet 

above mean high water and a horizontal 

clearance of approximately 146 feet. 

However, this section of the bridge is 

not equipped with fenders to protect the 

spans from potential vessel allisisions. 

This necessicates the restriction of 

vessels transiting under this portion of 

the Marc Basnight Bridge. Vessels of 100 

GT or greater may present a significant 

hazard to this section of the bridge. This 

temporary RNA will be in place until 

U.S. Army Corps of Engineers (USACE) 

crews completes the dredging of the 

original Oregon Inlet Channel. 

This temporary navigational 

restriction 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 Oregon Inlet Channel can be 

restored. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the original 

channel is being restored. No vessels 

100 GT or greater will be permitted to 

enter this RNA without first obtaining 

permission from the Captain of the Port 

North Carolina 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, duration, and 

location of the RNA. Most vessel traffic 

will be able to safely transit this 

regulated area. There are only a few 

vessels of 100 GT or more that transit 

this area. Vessel traffic is mostly 

comprised of vessels smaller than 100 

GT. Vessels of 100 GT or more can 

contact the Coast Guard for permission 

to enter the RNA or for alternative 

instructions on how to transit the area. 

The Coast Guard will publish a notice 

in the Local Notice to Mariners. 

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 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40727 

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 RNA 

that will prohibit entry of vessels of 100 

GT or greater from entering. 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.T05–0466 to read as 

follows: 

§ 165.T05–0466 Regulated navigation area; 

Oregon Inlet Channel, Marc Basnight 

Bridge, Dare County, NC. 

(a) Location. The following area is a 

regulated navigation area (RNA): Span 

34, between bents 33 and 34, of the 

Marc Basnight Bridge of the temporary 

Oregon Inlet Channel between Rodanthe 

and Nags Head, NC, in Dare County, NC. 

(b) Regulations. In addition to the 

general RNA regulations in § 165.13, the 

following regulations apply to the RNA 

described in paragraph (a) of this 

section. 

(1) No vessel 100 GT or greater may 

enter, stop, moor, transit, or loiter in the 

RNA without explicit permission from 

the Captain of the Port North Carolina 

(COTP). 

(2) A vessel transiting through the 

RNA must make a direct passage. No 

vessel may stop, moor, anchor, or loiter 

within the RNA at any time unless it is 

engaged or intending to engage in bridge 

construction work in the RNA or 

dredging operations. All movement 

within the RNA is subject to a ‘‘SlowNo Wake’’ speed limit. No vessel may 

produce a wake or attain speeds greater 

than 5 knots unless a higher minimum 

speed is necessary to maintain bare 

steerageway. 

(3) The operator of any vessel 

transiting in the RNA must comply with 

all lawful directions given to them by 

the COTP or the COTP’s on-scene 

representative. 

(c) Enforcement period. This section 

will be enforced from July 5, 2022, until 

June 30, 2023, or until the original 

Oregon Inlet Channel is restored. If the 

COTP determines this section need not 

be enforced during these times on a 

given day, he or she will use marine 

broadcast notices to mariners to 

announce the specific periods when this 

section will not be subject to 

enforcement. 

Dated: July 5, 2022. 

Shannon Gilreath, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2022–14558 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–2022–0560] 

RIN 1625–AA00 

Safety Zone; Lake Erie; Sandusky, OH 

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 near Sandusky Bay in 

Sandusky, OH. This temporary safety 

zone is necessary to protect race 

participants, spectators and support 

vessels from marine traffic in the 

vicinity swim portion of the Ironman 

70.3 Ohio Triathlon. Entry of vessels or 

persons into this safety zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Detroit or his designated representative. 

DATES: This rule is effective from 4:30 

a.m. through 10 a.m. on July 24, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0560 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 


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