31734 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 

notice via broadcast notice to mariners 

and local notice to mariners. 

(c) Enforcement period. This section 

will be enforced from 6 a.m. to 6:30 p.m. 

on May 29, 2022. 

Dated: May 19, 2022. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2022–11228 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0332] 

RIN 1625–AA00 

Safety Zone; SFSU Graduation 

Fireworks; San Francisco Bay, San 

Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay, outside McCovey Cove, 

in San Francisco, CA, in support of 

fireworks displays on both May 26, 

2022, and May 27, 2022. The safety zone 

is necessary to protect personnel, 

vessels, and the marine environment 

from potential hazards created by 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without the permission 

of the Captain of the Port San Francisco 

or a designated representative. 

DATES: This rule is effective from 10 

a.m. on May 26, 2022, until 10:40 p.m. 

on May 27, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2022– 

0332 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 Anthony I. Solares, 

Coast Guard Sector San Francisco, at 

415–399–3585, SFWaterways@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 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. The Coast Guard did not 

receive final details for this event until 

April 22, 2022. It is impracticable to go 

through the full notice and comment 

rule making process because the Coast 

Guard must establish this safety zone by 

May 26, 2022, and lacks sufficient time 

to provide a reasonable comment period 

and to 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 public 

interest because action is necessary to 

protect personnel, vessels, and the 

marine environment from the potential 

safety hazards associated with the 

fireworks display outside McCovey 

Cove in San Francisco, CA on May 26, 

2022, and May 27, 2022. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port San Francisco has 

determined that potential hazards 

associated with the scheduled two-day 

San Francisco State University (SFSU) 

Graduation Fireworks displays on May 

26, 2022, and May 27, 2022, will be a 

safety concern for anyone within a 100- 

foot radius of the fireworks vessel 

during loading and staging, and anyone 

within a 600-foot radius of the fireworks 

vessel starting 30 minutes before the 

fireworks display is scheduled to 

commence and ending 30 minutes after 

the conclusion of the fireworks display. 

For this reason, this temporary safety 

zone is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters around the 

fireworks vessel and during the 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 10 a.m. until 10:40 

p.m. on May 26, 2022, and 10 a.m. until 

10:40 p.m. on May 27, 2022, during the 

loading, staging, and transit of the 

fireworks vessel from Westar Marine 

Service Pier 50, San Francisco, CA, to 

outside McCovey Cove in the San 

Francisco Bay, San Francisco, CA, and 

until 30 minutes after completion of the 

fireworks display. During the loading, 

staging, and transit of the fireworks 

vessel scheduled to take place between 

10 a.m. and 8:45 p.m. on May 26, 2022, 

and May 27, 2022, until 30 minutes 

prior to the start of the fireworks 

display, the safety zone will encompass 

the navigable waters around and under 

the fireworks vessel, from surface to 

bottom, within a circle formed by 

connection of all points 100 feet out 

from the fireworks vessel. The fireworks 

displays are scheduled to start at 10 

p.m. and end approximately 10:10 p.m. 

on both May 26, 2022, and May 27, 

2022, outside of McCovey Cove within 

San Francisco Bay in San Francisco, CA. 

The fireworks vessel will remain at 

Westar Marine Service Pier 50, San 

Francisco, CA, until the start of its 

transit to the display location. 

Movement of the vessel from Westar 

Marine Service Pier 50 to the display 

location is scheduled to take place from 

8:30 p.m. to 8:45 p.m. on both May 26, 

2022, and May 27, 2022, where it will 

remain until the conclusion of the 

fireworks display. 

At 9:30 p.m. on each day of the 

fireworks displays, 30 minutes prior to 

the commencement of the 10-minute 

fireworks display, the safety zone will 

increase in size and encompass the 

navigable waters around and under the 

fireworks vessel, from surface to bottom, 

within a circle formed by all connecting 

points 600 feet from the circle center at 

approximate position 37°46′36′′ N, 

122°22′56′′ W (NAD 83). The safety zone 

will terminate at 10:40 p.m. on May 26, 

2022, and May 27, 2022 or as 

announced via Broadcast Notice to 

Mariners. 

This regulation is necessary to keep 

persons and vessels away from the 

immediate vicinity of the fireworks 

loading, staging, transit, and display 

site. Except for persons or vessels 

authorized by the Captain of the Port 

San Francisco (COTP) or the COTP’s 

designated representative, no person or 

vessel may enter or remain in the 

restricted area. A ‘‘designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 


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Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 31735 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel, 

or a Federal, State, or local officer 

designated by or assisting the COTP in 

the enforcement of the safety zone. This 

regulation is necessary to ensure the 

safety of participants, spectators, and 

transiting vessels. 

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 limited duration and 

narrowly tailored geographic area of the 

safety zone. Although this rule restricts 

access to the waters encompassed by the 

safety zone, the effect of this rule will 

not be significant because the local 

waterways users will be notified to 

ensure the safety zone will result in 

minimum impact. The vessels desiring 

to transit through or around the 

temporary safety zone may do so upon 

express permission from the COTP or 

the COTP’s designated representative. 

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 

temporary safety zone in the navigable 

waters around the loading, staging, 

transit, and display of fireworks at 

Westar Marine Service Pier 50 and 

outside McCovey Cove within San 

Francisco Bay. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 


lotter on DSK11XQN23PROD with RULES1
31736 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T11–096 to read as 

follows: 

§ 165.T11–096 Safety Zone; SFSU 

Graduation Fireworks; San Francisco Bay, 

San Francisco, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of San 

Francisco Bay, from surface to bottom, 

within a circle formed by connecting all 

points 100 feet out from the fireworks 

vessel during loading and staging at 

Westar Marine Service Pier 50 in San 

Francisco, CA, as well as transit and 

arrival to the display location outside 

McCovey Cove, San Francisco Bay in 

San Francisco, CA. Between 9:30 p.m. 

and 10:40 p.m. on May 26, 2022, and 

May 27, 2022, the safety zone will 

expand to all navigable waters, from 

surface to bottom, within a circle 

formed by connection all points 600 feet 

out from the fireworks vessel in 

approximate position 37°46′36′′ N, 

122°22′56′′ W (NAD 83) or as announced 

via Broadcast Notice to Mariners. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel, or a 

Federal, State, or Local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced each day from 10 a.m. 

until 10:40 p.m. on both May 26, 2022, 

and May 27, 2022. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with § 165.7. 

Dated: May 18, 2022. 

Taylor Q. Lam, 

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

Port, San Francisco. 

[FR Doc. 2022–11169 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0419] 

Security Zone; Portland Rose Festival 

on Willamette River 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the security zone for the Portland Rose 

Festival on the Willamette River in 

Portland, OR, from noon on June 8, 2022 

through noon on June 13, 2022. This 

action is necessary to ensure the 

security of vessels participating in the 

2022 Portland Rose Festival on the 

Willamette River during the event. Our 

regulation for the Portland Rose Festival 

on the Willamette River designates the 

regulated area and identifies the 

approximate dates for this event. The 

specific dates and times are identified in 

this document. These regulations 

prohibit persons and vessels from being 

in the regulated area unless authorized 

by the Captain of the Port Sector 

Columbia River or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1312 will be enforced from noon on 

June 8, 2022 through noon on June 13, 

2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT Sean Murphy, Waterways 

Management Division, Marine Safety 

Unit Portland, U.S. Coast Guard; 

telephone 503–240–9319, email D13- 

SMB-MSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the security zone for 

the Portland Rose Festival in 33 CFR 

165.1312 for the Willamette River 

regulated area from noon on June 8, 

2022 through noon on June 13, 2022. 

This action is necessary to ensure the 

security of vessels participating in the 

2022 Portland Rose Festival on the 

Willamette River during the event. 

Under the Provisions of 33 CFR 

165.1312 and subpart D of part 165, no 

person or vessel may enter or remain in 

the security zone, consisting of all 

waters of the Willamette River, from 

surface to bottom, encompassed by the 

Hawthorne and Steel Bridges, without 

permission from the Captain of the Port 

Columbia River. Persons or vessels 

wishing to enter the security zone may 

request permission to do so from the onscene Captain of the Port representative 

via VHF Channel 16 or 13. The Coast 

Guard may be assisted by other Federal, 

State, or local enforcement agencies in 

enforcing this regulation. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: May 19, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Columbia River. 

[FR Doc. 2022–11191 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0269] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the 

Willamette River. This action is 

necessary to provide for the safety of life 

on these navigable waters near Portland, 

OR, during a fireworks display on May 

27, 2022. This regulation prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Sector Columbia 

River or a designated representative. 

DATES: This rule is effective from 8:30 

p.m. on May 27, 2022, to 12 a.m. on 

May 28, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0269 in the search box and click 

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

column, select ‘‘Supporting & Related 

Material.’’ 


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