30804 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

(d) Enforcement period. This section 

will be enforced from 7 a.m. through 10 

a.m. on July 16, 2022. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: May 16, 2022. 

Z. Merchant, 

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

Port, New York. 

[FR Doc. 2022–10846 Filed 5–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0386] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for a recurring marine event. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during this event. 

During the enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or a designated representative. 

DATES: The regulations listed in 33 CFR 

165.939 as listed in Table 165.939(c)(1) 

will be enforced from 7:15 a.m. through 

1:15 p.m. on August 13, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT Jared Stevens, Waterways 

Management Division, U.S. Coast Guard 

Marine Safety Unit Cleveland; 

telephone (216) 937–0124, email D09- 

SMB-MSUCLEVELAND-WWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939, 

Table 165.939(c)(1) for the Whiskey 

Island Paddlefest in Cleveland, OH. on 

all U.S. waters of Lake Erie; Cleveland 

Harbor, from 41°29′59.5′′ N and 

081°42′59.3′′ W to 41°30′4.4′′ N and 

081°42′44.5′′ W to 41°30′17.3′′ N and 

081°43′0.6′′ W to 41°30′9.4′′ N and 

081°43′2.0′′ W to 41°29′54.9′′ N and 

081°43′34.4′′ W to 41°30′0.1′′ N and 

081°43′3.1′′ W and back to 41°29′59.5′′ N 

and 081°42′59.3′′ W (NAD 83) from 7:15 

a.m. through 1:15 p.m. on August 13, 

2022. The scheduled date of zone 

enforcement differs from that published 

in 33 CFR 165.939 in order to 

accommodate the sponsoring 

organization’s priority to better align 

their event schedule with co-occurring 

special local events, other paddle races 

taking place in the Great Lakes region, 

and to ensure availability of the 

personnel and material resources 

required. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of the Port Buffalo via channel 

16, VHF–FM. Vessels and persons 

granted permission to enter the safety 

zone shall obey the directions of the 

Captain of the Port Buffalo or a 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552 (a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the respective safety zone. 

Dated: May 10, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–10908 Filed 5–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0140] 

RIN 1625–AA00 

Safety Zone; Columbia River, 

Vancouver, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Columbia River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Vancouver, WA during a 

high-speed hydroplane boat testing 

event on May 20, 2022. This regulation 

prohibits persons and vessels from 

being in the safety zone unless 

authorized by the Captain of the Port 

Columbia River or a designated 

representative. 

DATES: This rule is effective from 8:30 

a.m. to 3:30 p.m. on May 20, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0140 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Sean Murphy, 

Waterways Management Division, 

Marine Safety Unit Portland, Coast 

Guard; telephone 503–240–9319, email 

D13-SMB-MSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Columbia River 

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 

On January 19, 2022, the H1 

Unlimited notified the Coast Guard that 

it will be conducting a hydroplane 

testing event from 9 a.m. to 3 p.m. on 

May 20, 2022. The hydroplane event 

will consist of individual testing of 10 

hydroplane vessels in between the I–5 

and I–205 bridges on the Columbia 

River. The Captain of the Port Columbia 

(COTP) has determined that potential 

hazards associated with the high-speed 

hydroplane boat testing would be a 

safety concern for anyone within the 

regulated area. 

In response, on March 30, 2022 the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Columbia River, 

Vancouver, WA (87 FR 18757). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

fireworks display. During the comment 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30805 

period that ended May 2, 2022, we 

received two comments. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the high-speed 

hydroplane boat testing. The Coast 

Guard’s limited notice of the parameters 

of the high-speed boat testing makes it 

necessary to expedite the effective date 

of this rule. 

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 Columbia 

River (COTP) has determined that the 

potential hazards associated with highspeed hydroplane boat testing would be 

a safety concern for anyone within the 

regulated area. 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 two 

comments on our NPRM published May 

30, 2022. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

One comment expressed concern that 

the waterway would be completely 

taken over for use by a private company. 

However, the safety zone only covers a 

specific duration of 7 hours for a single 

day. Vessels that need or want to enter 

the safety zone may seek permission 

from the COTP to do so. Another 

comment raises concerns about the 

environmental impact of the boat racing 

event itself, conflating the event and the 

safety zone. Due to the size and length 

of time the zone will be in effect, the 

safety zone will have a miminal 

expected impact on the environment. 

This rule establishes a safety zone 

from 8:30 a.m. to 3:30 p.m. on May 20, 

2022. The safety zone covers all 

navigable waters of the Columbia River, 

from surface to bottom, starting 

approximately 700 yards east of the I– 

5 bridge from shoreline to shoreline 

heading east for approximately 1.2 

miles; specifically beginning at the 

shoreline at 45°36′40.7′′ N, 122°40′11.2′′ 

W, northeast to 45°37′08.7′′ N, 

122°39′53.8′′ W, southeast to 45°36′41.3′′ 

N, 122°38′32.0′′ W, thence southwest to 

45°36′15.8′′ N, 122°38′53.0′′ W, and 

along the shoreline back to the 

beginning point. The duration of the 

safety zone is intended to ensure the 

safety of vessels and these navigable 

waters before, during, and after the 

scheduled 9 a.m. to 3 p.m. high-speed 

hydroplane boat testing. No vessel or 

person is 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 size, location, and the 

duration of the safety zone. The safety 

zone will impact a 1.2 mile stretch of 

the Columbia River during the 

hydroplane boat testing for 7 hours and 

thus is limited in scope. The Coast 

Guard will issue a Broadcase Notice to 

Mariners via VHF–FM marine channel 

16 about the zone and the rule allows 

vessels to seek permission to enter. 

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 


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30806 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

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 7 hours that would prohibit 

entry within an approximate 1.2 miles 

of the Columbia River for the duration 

of a high-speed hydroplane testing 

event. It is categorically excluded from 

further review under 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.T13–0140 to read as 

follows: 

§ 165.T13–0140 Safety Zone; Columbia 

River, Vancouver, WA 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Columbia River, from surface to bottom, 

starting approximately 700 yards east of 

the I–5 bridge from shoreline to 

shoreline heading east for 

approximately 1.2 miles; specifically 

beginning at the shoreline at 45°36′40.7′′ 

N, 122°40′11.2′′ W, northeast to 

45°37′08.7′′ N, 122°39′53.8′′ W, 

southeast to 45°36′41.3′′ N, 122°38′32.0′′ 

W, thence southwest to 45°36′15.8′′ N, 

122°38′53.0′′ W, and along the shoreline 

back to the beginning point. 

(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 COTP in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the testing 

event. 

(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 calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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 8:30 a.m. until 

3:30 p.m. on May 20, 2022. It will be 

subject to enforcement this entire period 

unless the COTP determines it is no 

longer needed, in which case the Coast 

Guard will inform mariners via Notice 

to Mariners. 

Dated: May 13, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Sector Columbia River. 

[FR Doc. 2022–10835 Filed 5–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No. PTO–P–2021–0006] 

RIN 0651–AD53 

Standard for Presentation of 

Nucleotide and Amino Acid Sequence 

Listings Using eXtensible Markup 

Language (XML) in Patent Applications 

To Implement WIPO Standard ST.26; 

Incorporation by Reference 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO or Office) is 

amending the rules of practice for 

submitting biological sequence data 

associated with disclosures of 

nucleotide and amino acid sequences in 

patent applications by incorporating by 

reference certain provisions of World 

Intellectual Property Office Standard 

ST.26 (WIPO Standard ST.26) into the 

USPTO rules of practice. Other 

conforming changes to accommodate 

the new rules of practice based on the 

new standard are also included. In 

addition to simplifying the process for 

applicants filing in multiple countries, 

the requirement to submit a single 

sequence listing in eXtensible Markup 

Language (XML) format, or ‘‘Sequence 

Listing XML,’’ will result in better 

preservation, accessibility, and sorting 

of the submitted sequence data for the 

public. 

DATES: Effective date: This final rule is 

effective on July 1, 2022. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of July 1, 2022. 

Applicability date: Patent 

applications filed on or after July 1, 

2022, having disclosures of nucleotide 

and/or amino acid sequences as defined 

in 37 CFR 1.831(b) must comply with 

new rules for submission of a 

‘‘Sequence Listing XML’’ in accordance 

with 37 CFR 1.831 through 1.835. All 

other provisions of this final rule apply 

to all patent applications filed before, 

on, or after July 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary C. Till, Senior Legal Advisor, 

Office of Patent Legal Administration, 

Office of the Deputy Commissioner for 

Patents, at Mary.Till@uspto.gov or 571– 

272–7755; or Ali Salimi, Senior Legal 

Advisor, Office of Patent Legal 

Administration, Office of the Deputy 


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