Safety Zone; Deep Creek, Elizabeth River, Chesapeake, VA, 1076-1078 [2022-00168]
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1076
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
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.
Coast Guard
Safety Zone; Deep Creek, Elizabeth
River, Chesapeake, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–088 to read as
follows:
■
§ 165.T11–088 Safety Zone; San Diego
Bay; San Diego, CA.
khammond on DSKJM1Z7X2PROD with RULES
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
■
(a) Location. The following area is a
safety zone: All navigable waters of San
Diego Bay, from surface to bottom,
within a 200-foot radius centered at
position: 32°41′12.2″ N, 117°09′40.4″ W
(WGS 84).
(b) Definitions. The term ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, and other
officer operating a Coast Guard vessel,
or a Federal, State, or local officer
designated by or assisting the Captain of
the Port San Diego in the enforcement
of the regulated area.
(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) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 5 p.m. on January
10, 2022 through 3 p.m. on January 11,
2022.
Jkt 256001
BILLING CODE 9110–04–P
[Docket Number USCG–2022–0011]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
15:53 Jan 07, 2022
[FR Doc. 2022–00276 Filed 1–7–22; 8:45 am]
33 CFR Part 165
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:
VerDate Sep<11>2014
Dated: January 5, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Deep Creek
and the Elizabeth River. The safey zone
is needed to safeguard personnel and
vessels from potential hazards
associated with an incident involving an
adrift barge that has struck a power
transmission tower in the waterway.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Virginia or designated
respresentative.
SUMMARY:
This rule is effective without
actual notice from January 10, 2022
until January 19, 2022. For the purposes
of enforcement, actual notice will be
used from January 4, 2022, until January
10, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0011 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email LCDR Ashley Holm, Sector
Virginia, Waterways Management
Division, U.S. Coast Guard, Telephone:
757–668–5580, email:
virginiawaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
II. Background Information and
Regulatory History
On January 3, 2022, an adrift barge
struck a power transmission tower in
the navigable waters of Deep Creek and
the Elizabeth River causing the tower to
lean. The structural integrity of the
transmission tower is unknown at this
time creating a potential hazard to
navigation including the potential for
de-energized power lines to enter the
waterway. Every effort is being made to
ensure the structure is supported until
power lines can be disconnected and
the tower is removed. 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 would be impracticable
and contrary to public interest. The
Coast Guard received information about
this potential hazard to navigation on
January 3, 2022. Immediate action is
needed to protect transiting vessels from
the damaged transmission tower causing
a potential hazard to navigation which
includes the potential for de-energized
power lines to enter the waterway.
For those same reasons, 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 to restrict vessel traffic is needed
to protect life, property and the
environment. Delaying the effective date
would be contrary to the safety zone’s
intended objectives of protecting
personnel and vessel from the
immediate potential hazard, enhancing
maritime safety.
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 Virginia (COTP) has
determined a potential hazardous
situation in Deep Creek, Southern
Branch of the Elizabeth River, requires
the establishment of a safety zone to
protect personnel and vessels transiting
the area.
E:\FR\FM\10JAR1.SGM
10JAR1
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
IV. Discussion of the Rule
The U.S. Coast Guard is establishing
a temporary safety zone on certain
navigable waters in the vicinity of Deep
Creek, Southern Branch of the Elizabeth
River north of the I–64/High Rise
Bridge. This rule will be in effect from
January 4, 2022, through January 19,
2022. The duration of the zone is
intended to protect vessels from a
damaged power transmission tower
causing potential hazard to navigation
in the waterway and to protect
personnel performing repair and
recovery. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
khammond on DSKJM1Z7X2PROD with RULES
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 safety zone being in
effect for a limited duration; this is a
portion of the waterway with minimal
vessel traffic; and the Coast Guard will
continue to make notifications via
maritime broadcasts.
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
VerDate Sep<11>2014
15:53 Jan 07, 2022
Jkt 256001
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.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
1077
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting for 15 days that will
prohibit entry within certain navigable
waters of the Southern Branch of the
Elizabeth River. It is categorically
excluded from further review under
paragraph L60(c) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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.
E:\FR\FM\10JAR1.SGM
10JAR1
1078
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
2. Add § 165.T05–0861to read as
follows:
■
§ 165.T05–0861 Safety Zone; Deep Creek,
Elizabeth River, Chesapeake, VA.
(a) Location. The following area is a
safety zone: The waters enclosed by the
shoreline and the following lines: A line
drawn across Deep Creek, Elizabeth
River from 36–45.71N 076–18.52W to
36–45.64N 076 18.52W and a line
drawn across Deep Creek, Elizabeth
River from 36–45.74N 076–18.30W to
36–45.66N 076–18.30W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Virginia (COTP) in the
enforcement of the safety zone.
(c) Regulations. (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) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF/FM Chanel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This section
will be enforced January 4, 2022,
through January 19, 2022, unless
canceled sooner by the COTP.
Dated: January 4, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Virginia.
[FR Doc. 2022–00168 Filed 1–7–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0917]
RIN 1625–AA00
khammond on DSKJM1Z7X2PROD with RULES
Safety Zone; Lower Mississippi River,
Mile Markers 636–655, Modoc, AR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Lower
Mississippi River (LMR), between Mile
SUMMARY:
VerDate Sep<11>2014
15:53 Jan 07, 2022
Jkt 256001
Marker 636 and 655. The safety zone is
needed to protect persons, property, and
the marine environment from the
potential safety hazards associated with
rock placement operations in the
vicinity of Modoc, AR. Entry of persons
or vessels into this zone is prohibited
unless authorized by the Captain of the
Port Sector Lower Mississippi River or
a designated representative.
DATES: This rule is effective without
actual notice from January 10, 2022
through April 1, 2022. For the purposes
of enforcement, actual notice will be
used from January 5, 2022 until January
10, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0917 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MSTC Lindsey Swindle, U.S.
Coast Guard; telephone 901–521–4813,
email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with rock placement
operations. The NPRM process would
delay the establishment of the safety
zone until after the date of the event and
compromise public safety. We must
establish this temporary safety zone
immediately and lack sufficient time to
provide a reasonable comment period
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with rock
placement operations in the vicinity of
Modoc, AR starting January 5, 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 Sector Lower
Mississippi River (COTP) has
determined that potential hazards
associated with rock placement
operations between Mile Marker (MM)
636 and 655, scheduled to start on
January 5, 2022, will be a safety concern
for all persons and vessels on the LMR
between MM 636 and MM 655 through
April 1, 2022. This rule is needed to
protect persons, property, infrastructure,
and the marine environment in all
waters of the LMR within the safety
zone while rock placement operations
are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from January 5, 2022
through April 1, 2022. The safety zone
will cover all navigable waters of the
Lower Mississippi River (LMR) from
MM 636 to MM 655. The duration of
this safety zone is intended to ensure
the safety of waterway users on these
navigable waters during rock placement
operations.
Entry of persons or vessels into this
safety zone is prohibited unless
authorized by the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
LMR. Persons or vessels seeking to enter
the safety zones must request
permission from the COTP or a
designated representative on VHF–FM
channel 16 or by telephone at 314–269–
2332. If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the enforcement times and
date for this safety zone through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs), as appropriate.
E:\FR\FM\10JAR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Rules and Regulations]
[Pages 1076-1078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00168]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0011]
RIN 1625-AA00
Safety Zone; Deep Creek, Elizabeth River, Chesapeake, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Deep Creek and the Elizabeth River. The
safey zone is needed to safeguard personnel and vessels from potential
hazards associated with an incident involving an adrift barge that has
struck a power transmission tower in the waterway. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Virginia or designated respresentative.
DATES: This rule is effective without actual notice from January 10,
2022 until January 19, 2022. For the purposes of enforcement, actual
notice will be used from January 4, 2022, until January 10, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0011 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Sector Virginia, Waterways Management
Division, U.S. Coast Guard, Telephone: 757-668-5580, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 3, 2022, an adrift barge struck a power transmission
tower in the navigable waters of Deep Creek and the Elizabeth River
causing the tower to lean. The structural integrity of the transmission
tower is unknown at this time creating a potential hazard to navigation
including the potential for de-energized power lines to enter the
waterway. Every effort is being made to ensure the structure is
supported until power lines can be disconnected and the tower is
removed. 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 would be impracticable and
contrary to public interest. The Coast Guard received information about
this potential hazard to navigation on January 3, 2022. Immediate
action is needed to protect transiting vessels from the damaged
transmission tower causing a potential hazard to navigation which
includes the potential for de-energized power lines to enter the
waterway.
For those same reasons, 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 to restrict vessel traffic is
needed to protect life, property and the environment. Delaying the
effective date would be contrary to the safety zone's intended
objectives of protecting personnel and vessel from the immediate
potential hazard, enhancing maritime safety.
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 Virginia
(COTP) has determined a potential hazardous situation in Deep Creek,
Southern Branch of the Elizabeth River, requires the establishment of a
safety zone to protect personnel and vessels transiting the area.
[[Page 1077]]
IV. Discussion of the Rule
The U.S. Coast Guard is establishing a temporary safety zone on
certain navigable waters in the vicinity of Deep Creek, Southern Branch
of the Elizabeth River north of the I-64/High Rise Bridge. This rule
will be in effect from January 4, 2022, through January 19, 2022. The
duration of the zone is intended to protect vessels from a damaged
power transmission tower causing potential hazard to navigation in the
waterway and to protect personnel performing repair and recovery. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the safety zone
being in effect for a limited duration; this is a portion of the
waterway with minimal vessel traffic; and the Coast Guard will continue
to make notifications via maritime broadcasts.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting for 15 days that will prohibit entry within certain
navigable waters of the Southern Branch of the Elizabeth River. It is
categorically excluded from further review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
[[Page 1078]]
0
2. Add Sec. 165.T05-0861to read as follows:
Sec. 165.T05-0861 Safety Zone; Deep Creek, Elizabeth River,
Chesapeake, VA.
(a) Location. The following area is a safety zone: The waters
enclosed by the shoreline and the following lines: A line drawn across
Deep Creek, Elizabeth River from 36-45.71N 076-18.52W to 36-45.64N 076
18.52W and a line drawn across Deep Creek, Elizabeth River from 36-
45.74N 076-18.30W to 36-45.66N 076-18.30W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Virginia (COTP) in the enforcement of the
safety zone.
(c) Regulations. (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) To seek permission to enter, contact the COTP or the COTP's
representative by VHF/FM Chanel 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced January 4,
2022, through January 19, 2022, unless canceled sooner by the COTP.
Dated: January 4, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2022-00168 Filed 1-7-22; 8:45 am]
BILLING CODE 9110-04-P
