Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26313 

III. Participating in the Listening 

Sessions 

Registration: To register to attend the 

free listening sessions, please visit the 

following website: https://www.fda.gov/ 

tobacco-products. Registration 

information will be posted soon. 

Live closed captioning will be 

provided during the listening sessions. 

Additional information on requests for 

special accommodations due to a 

disability will be provided during 

registration. 

Requests to Provide Open Public 

Comment: During online registration 

you may indicate if you wish to make 

open public comments during the 

listening sessions. All requests to make 

open public comment must be received 

by June 6, 2022, at 11:59 p.m. Eastern 

Time. We will do our best to 

accommodate requests to make public 

comments. We are seeking to have a 

broad representation of ideas and 

perspectives presented at the meeting. 

FDA is especially interested to hear 

from those individuals or communities 

who may be less likely or less able to 

provide formal written comments 

through the standard process of docket 

submission. Individuals and 

organizations with common interests are 

urged to consolidate or coordinate their 

comments and request time for a joint 

presentation. FDA will determine the 

approximate time open public 

comments are to be provided and will 

notify all registrants who requested to 

make public comment ahead of the 

listening session. FDA will not accept 

presentation materials for the listening 

sessions. Instead, any materials can be 

submitted to the respective docket noted 

in the ‘‘Docket’’ section of this 

document before the end of the 

comment period. 

Transcripts: Please be advised that as 

soon as transcripts of the listening 

sessions are available, they will be 

accessible at https://

www.regulations.gov. They may be 

viewed at the Dockets Management Staff 

(see ADDRESSES). A link to the 

transcripts and recordings will also be 

available on the internet at https://

www.fda.gov/tobacco-products. 

Dated: April 26, 2022. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2022–09302 Filed 4–28–22; 11:15 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0056] 

RIN 1625–AA08 

Special Local Regulation: Pompano 

Race Weekend, Pompano Beach, FL 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation (SLR) on certain navigable 

waters of the Atlantic Ocean off 

Pompano Beach, FL, in connection with 

the Pompano Race Weekend event. The 

SLR is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards associated with 

the high speed jet ski race. Entry of 

vessels or persons into the regulated 

area is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Miami. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 3, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0056 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LTJG 

Benjamin Adrien, Sector Miami 

Waterways Management Division, U.S. 

Coast Guard at 305–535–4307 or 

Benjamin.D.Adrien@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, Purpose, and Legal 

Basis 

On January 24th, 2022, the National 

Watersports Asssociation Racing 

organization notified the Coast Guard 

that it will be conducting a high speed 

jet ski race from 9 a.m. to 6 p.m. on June 

25, 2022, and June 26, 2022. The race 

will be conducted off the beach in 

Pompano Beach, FL. The race will 

consist of fifteen high speed personal 

watercraft (jet ski) racing within a predesignated course. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within 500 feet of the 

designated race course before, during, 

and after the scheduled event. The Coast 

Guard is proposing this rulemaking 

under authority in 46 U.S.C. 70041. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

temporary special local regulation (SLR) 

from 9 a.m. until 6 p.m. on June 25, 

2022, and June 26, 2022. The SLR 

would cover certain navigable waters of 

the Atlantic Ocean off Pompano Beach, 

FL. The duration of the SLR is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during the high speed jet ski 

race. The temporary SLR would prohibit 

all persons and vessels, except those 

persons and vessels participating in the 

race, from entering, transiting through, 

anchoring in, or remaining within the 

area unless authorized by the COTP 

Miami or a designated representative. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the race 

area by contacting the COTP Miami by 

telephone at (305) 535–4300, or a 

designated representative via VHF radio 

on channel 16. If authorization to enter, 

transit through, anchor in, or remain 

within the race area is granted by the 

COTP Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Miami or a designated 

representative. The Coast Guard would 

provide notice of the special local 

regulation by a Broadcast Notice to 

Mariners, and on-scene designated 

representatives.The regulatory text we 

are proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
26314 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the following reasons: (1) 

The temporary special local regulation 

(SLR) will be enforced for 

approximately 9 hours per day; a total 

of 18 hours; (2) although persons and 

vessels will not be able to enter, transit 

through, anchor in, or remain within the 

regulated area, without authorization 

from the COTP Miami or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

period if authorized by the COTP Miami 

or a designated representative; and (4) 

the Coast Guard will provide advance 

notification of the temporary SLR to the 

local maritime community through the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a temporary SLR lasting 

approximately 9 hours on two separate 

days that will prohibit entry of persons 

or vessels during the Pompano Race 

Weekend event. Normally such actions 

are categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary 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. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0056 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26315 

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T799–0056 to read as 

follows: 

§ 100.T799–0056 Special Local 

Regulation: Pompano Race Weekend; 

Atlantic Ocean, Pompano Beach, FL. 

(a) Location. The following regulated 

area is established as a special local 

regulation in the Atlantic Ocean; 

Pompano Beach, FL. Coordinates are 

based on North American Datum 1983. 

(1) Regulated area. All navigable 

waters of the Atlantic Ocean 

encompassed within the following 

points: Commence at Point A in 

position 26°13′54′′ N, 080°05′18′′ W; 

thence east to Point B in position 

26°13′54′′ N, 080°05′07′′ W; thence north 

to Point C in position 26°14′07′′ N, 

080°05′07′′ W; thence west to Point D in 

position 26°14′07′′ N, 080°05′16′′ W; 

thence southwest to Point A. 

(2) [Reserved] 

(b) Definitions. (1) The term 

designated representative means Coast 

Guard Patrol Commanders, including 

Coast Guard coxswains, petty officers, 

and other officers operating Coast Guard 

vessels, and Federal, State, and Local 

officers designated by or assisting the 

Captain of the Port (COTP) Miami in the 

enforcement of the regulated areas. 

(2) The term Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the respective Coast 

Guard Sector Commander to enforce 

this section. 

(3) The term spectators means all 

persons and vessels not registered with 

the event sponsor as participants or 

official patrol vessels. 

(c) Regulations. (1) All nonparticipant vessels or persons are 

prohibited from entering, transiting, 

anchoring in, or remaining within the 

regulated area unless authorized by the 

COTP or a designated representative. 

(2) Persons and vessels desiring to 

enter, transit, anchor in, or remain 

within the regulated area may contact 

the COTP Miami by telephone at (305) 

535–4472 or a designated representative 

via VHF–FM radio on channel 16, to 

request authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Miami or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area through 

Broadcast Notice to Mariners via VHF– 

FM channel 16, on-scene designated 

representatives, and Local Notice to 

Mariners. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. until 6 p.m. 

on June 25, 2022, and June 26, 2022. 

Dated: April 28, 2022. 

J.F. Burdian, 

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

Port Miami. 

[FR Doc. 2022–09500 Filed 5–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0164] 

RIN 1625–AA08 

Special Local Regulation: Riviera Race 

Weekend, Riviera Beach, FL 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation (SLR) on certain navigable 

waters of the Atlantic Ocean off Riviera 

Beach, FL, in connection with the 

Riviera Race Weekend event. The SLR is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards associated with the 

high speed jet ski race. Entry of vessels 

or persons into the regulated area is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Miami. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 3, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0164 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LTJG 

Benjamin Adrien, Sector Miami 

Waterways Management Division, U.S. 

Coast Guard at 305–535–4307 or 

Benjamin.D.Adrien@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, Purpose, and Legal 

Basis 

On February 17th, 2022, the National 

Watersports Asssociation Racing 

organization notified the Coast Guard 

that it will be conducting a high speed 

jet ski race from 9 a.m. to 6 p.m. on June 

4, 2022. and June 5, 2022. The race will 

be conducted off the beach in Riviera 

Beach, FL. The race will consist of 

fifteen high speed personal watercraft 

(jet ski) racing within a pre designated 

course. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within 500 feet of the 

designated race course before, during, 

and after the scheduled event. The Coast 

Guard is proposing this rulemaking 

under authority in 46 U.S.C. 70034. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

temporary SLR from 9 a.m. until 6 p.m. 


khammond on DSKJM1Z7X2PROD with PROPOSALS