29226 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

* * * * * 

Issued in Washington, DC, on May 5, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–10315 Filed 5–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0131] 

RIN 1625–AA00 

Safety Zones; Recurring Marine Events 

and Fireworks Displays Within the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

its safety zones established for recurring 

marine events and fireworks displays 

that take place within the Fifth Coast 

Guard District area of responsibility. 

This action is necessary to address 

minor revisions to the listing of events 

that informs the public of regularly 

scheduled fireworks displays that 

require additional safety measures 

provided by regulations. Through this 

final rule, the current list of recurring 

marine events requiring safety zones 

will be updated with two additional 

events that take place in the Sector 

Virginia area of responsibility. This 

regulation prohibits persons and vessels 

from being in the safety zones unless 

authorized by the Captain of the Port 

Virginia or a designated representative. 

DATES: This rule is effective June 13, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type Docket 

Number USCG–2022–0131 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, Chief, 

Waterways Management Division, 

Sector Virginia, U.S. Coast Guard; 

telephone 757–668–5580 email 

Ashley.E.Holm@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 

PATCOM Patrol Commander 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard regularly updates the 

regulations for recurring safety zones 

within the Fifth Coast Guard District at 

33 CFR 165.506, and its respective 

tables. These recurring safety zones are 

for fireworks displays that take place 

either on or over the navigable waters of 

the Fifth Coast Guard District as defined 

at 33 CFR 3.25. These regulations were 

last amended October 15, 2021 (86 FR 

57358). Since then, two recurring 

marine events within the Fifth Coast 

Guard District have changed in a way 

that require establishment of a safety 

zone for protection of life, property and 

the environment. Hazards associated 

with these events include potential 

falling debris and possible fire, 

explosion, projectile, and burn hazards. 

The purpose of this rule is to ensure the 

safety of persons, vessels, and the 

navigable waters within close proximity 

to fireworks displays before, during, and 

after the scheduled events. In response, 

on March 20, 2022, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zones; 

Recurring Marine Events and Fireworks 

Displays Within the Fifth Coast Guard 

District (87 FR 15347). There we stated 

why we issued the NPRM, and invited 

comments on our proposed regulatory 

action related to these fireworks 

displays. During the comment period 

that ended April 19, 2022, we received 

one comment. 

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 that potential hazards 

associated with the fireworks events 

present a safety concern for anyone 

within the safety zones. The purpose of 

this rule is to ensure safety of vessels 

and the navigable waters in the safety 

zone before, during, and after the 

scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published on 

March 20, 2022. The commenter was 

interested in understanding more about 

how these safety zones were developed, 

particularly how the Coast Guard 

determined how big each zone needs to 

be, where they are located, whether the 

Coast Guard regulates the types of 

fireworks used in the event, and 

environmental analysis. The Coast 

Guard creates safety zones under the 

authority in 46 U.S.C. 70034. The Coast 

Guard carefully determines the 

appropriate size of the safety zone using 

the shell diameter as a referential factor 

and uses the National Vessel Inspection 

Circular (NVIC) No. 7–02, Marine Safety 

at Fireworks Displays, and the National 

Fire Protection Agency (NFPA) 1123, 

Code for Fireworks Display, to 

determine applicable size of the 

awarded safety zone using the 

established criteria. In general, 

fireworks shows are common 

occurences both on land and on the 

waterway. The Coast Guard reviews 

each individual proposed waterborne 

event on a case-by-case basis. Marine 

event permit applications are submitted 

to the Coast Guard by sponsors of 

proposed marine events. They include a 

good faith estimate of spectator craft 

that are expected to be drawn to the 

event based on the ‘‘triggering event’’ 

itself. In each of the two safety zones 

proposed, the fireworks shows or 

‘‘triggering events’’ are expected to draw 

a significant number of spectator craft 

based on historical precedent, general 

public interest and the best projections 

for attendance communicated to the 

Coast Guard via the marine event 

application process. Part of the marine 

event application process is the 

National Environmental Protection Act 

(NEPA) consideration the Coast Guard 

completes for all federal actions taken. 

The issuance of a marine event permit 

constitutes a ‘‘federal action’’, thus 

requiring the NEPA review to be 

completed. The NEPA review considers 

the proposed event location and 

evaluates the potential impact to 

environmentally sensitive areas that 

may need to be addressed and 

mitigated. The issuance of a rule 

creating the safety zone is a seperate 

federal action. The fireworks events in 

this regulation are legacy events that 

were inadvertently removed due to 

administrative error when the Coast 

Guard revised 33 CFR 165.506, and its 

respective tables, in 2021. This 

regulatory action was taken to reestablish the two safety zones rather 

than establish them as new occurences. 

There are no changes in the regulatory 

text of this rule from the proposed rule 

in the NPRM. 

The first safety zone would be 

enforced on the third or fourth Saturday 

in July of each year, beginning in July 

2022, between 9:30 p.m. and 10 p.m. 

and cover all waters of John H. Kerr 

Reservoir within a 400 yard radius of 

approximate position latitude 36°37′51′′ 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 29227 

N, longitude 078°32′50′′ W, located near 

the center span of the State Route 15 

Highway Bridge. 

The second safety zone would be 

enforced on the evening of the first or 

second Saturday or Sunday in June of 

each year, beginning in June 2022, 

between 9:30 p.m. and 10 p.m. and 

cover all waters of the Elizabeth River 

within a 500-yard radius of approximate 

position of the fireworks barge at 

latitude 36°50′41′′ N, longitude 

076°17′47′′ W, located near Town Point 

Park in Norfolk, VA. 

Dates and times are subject to change 

in accordance with existing regulatory 

text found in 33 CFR 165.506(c). 

The duration of the zones are 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after each scheduled 

fireworks display. No vessel or person 

would be permitted to enter the safety 

zones without obtaining permission 

from the COTP or a designated 

representative. The regulatory text we 

are proposing appears at the end of this 

document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protestors. 

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 short amount of time 

that vessels will be restricted from 

certain parts of the waterway and the 

small size of these areas that are usually 

positioned away from high vessel traffic 

zones. Generally vessels would not be 

precluded from getting underway, or 

mooring at any piers or marinas 

currently located in the vicinity of the 

regulated areas. Advance notifications 

will also be made to the local maritime 

community by issuance of Local Notice 

to Mariners, Broadcast Notice to 

Mariners via VHF–FM marine channel 

16, and Marine Safety Information or 

Security Bulletins so mariners can 

adjust their plans accordingly. 

Notifications to the public for most 

events will typically be made by local 

newspapers, radio and TV stations. The 

Coast Guard anticipates that these safety 

zones will only be enforced for limited 

durations, less than 24 hours, occurring 

on specific dates throughout the year. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 2 

recurring safety zones lasting less than 

1 hour each that will prohibit entry 

within. 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. 


lotter on DSK11XQN23PROD with RULES1
29228 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

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. 1.2. 

■ 2. In § 165.506, amend table 3 to 

paragraph (h)(3) by adding entries 12 

and 13 to read as follows: 

§ 165.506 Safety Zones; Fireworks 

Displays in the Fifth Coast Guard District. 

* * * * * 

(h) * * * 

(3) * * * 

TABLE 3 TO PARAGRAPH (h)(3) 

*******

12 ....... July—3rd or 4th Saturday .......... John H. Kerr Reservoir, Clarksville, VA; Safety Zone.All waters of John H. Kerr Reservoir within a 400-yard radius of 

approximate position latitude 36°37′51′′ N, longitude 

078°32′50′′ W, located near the center span of the State 

Route 15 Highway Bridge. 

13 ....... June—first or second Saturday 

or Sunday.

Elizabeth River, Town Point 

Reach, Norfolk, VA; Safety 

Zone.

All waters of the Elizabeth River, Town Point Reach within a 

500-yard radius of approximate position of the fireworks barge 

latitude 36°50′41′′ N, longitude 076°17′47′′ W, in vicinity of 

Town Point Park in Norfolk, VA. 

* * * * * 

Dated: May 9, 2022. 

L.M. Dickey, 

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

Fifth Coast Guard District. 

[FR Doc. 2022–10345 Filed 5–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0377] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Military Ocean Terminal Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone in the navigable waters 

of Suisun Bay, off Concord, CA, in 

support of explosive on-loading to 

Military Ocean Terminal Concord 

(MOTCO) from May 12, 2022 through 

May 16, 2022. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from 

potential explosion within the explosive 

arc. The safety zone is open to all 

persons and vessels for transitory use, 

but vessel operators desiring to anchor 

or otherwise loiter within the safety 

zone must obtain the permission of the 

Captain of the Port San Francisco or a 

designated representative. All persons 

and vessels operating within the safety 

zone must comply with all directions 

given to them by the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on May 12, 2022 until 11:59 p.m. 

on May 16, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Junior Grade William 

Harris, Coast Guard Sector San 

Francisco, Waterways Management 

Division, 415–399–7443, SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 a.m. on May 

12, 2022 until 11:59 p.m. on May 16, 

2022, or as announced via marine local 

broadcasts. This safety zone is necessary 

to protect personnel, vessels, and the 

marine environment from potential 

explosion within the explosive arc. The 

regulation for this safety zone, 

§ 165.1198, specifies the location of the 

safety zone which encompasses the 

navigable waters in the area between 

500 yards of MOTCO Pier 2 in position 

38°03′30′′ N, 122°01′14′′ W and 3,000 

yards of the pier. During the 

enforcement periods, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

Dated: May 6, 2022. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2022–10412 Filed 5–11–22; 11:15 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0931; FRL–9541–02– 

R8] 

Air Plan Conditional Approval; 

Colorado; Revisions to Regulation 

Number 7 and Oil and Natural Gas 

RACT Requirements for 2008 8-Hour 

Ozone Standard for the Denver Metro/ 

North Front Range Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


lotter on DSK11XQN23PROD with RULES1