31732 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 

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 amends 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.T11–095 to read as 

follows: 

§ 100.T11–095 Special Local Regulation; 

Escape from Alcatraz Triathlon, San 

Francisco Bay, San Francisco, CA. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All waters of the San Francisco Bay 

From Alcatraz Island to Saint Francis 

Yacht Club. 

(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 San Francisco 

(COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the marine 

event. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector San Francisco or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone at 1–415–399– 

3547. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners. 

(d) Enforcement period. This section 

will be enforced on June 5, 2022, from 

6:30 a.m. to 10 a.m. 

Dated: May 18, 2022. 

Taylor Q. Lam, 

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

Port, San Francisco. 

[FR Doc. 2022–11170 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0310] 

RIN 1625–AA08 

Special Local Regulation; Dogwood 

Masters Classic Regatta; Clinch River, 

Oak Ridge, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for for the Clinch River 

between mile marker 49.5 to 52 on May 

29, 2022 for the Dogwood Masters 

Classic Regatta. The special local 

regulation is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the rowers associated with 

the event. Entry of vessels or persons 

into the special local regulation is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley. 

DATES: This rule is effective from 6 a.m. 

to 6:30 p.m. on May 29, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2022– 

0310 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 MST3 Joshua Rehl, U.S. Coast 

Guard; telephone 615–736–5421, email 

Joshua.M.Rehl@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 was 

notified of the event without ample time 

to allow for a reasonable comment 

period and then consider those 

comments because we must establish 

this special local regulation by May 29, 

2022. 

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 action is needed on 

May 29, 2022 to ensure the safety of the 

participants in the Dogwood Masters 

Classic Regatta. 

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 Ohio Valley 

(COTP) has determined that potential 

hazards associated with the regatta, will 

be a safety concern for anyone within 

mile markers 49.5 to 52 on the Clinch 

River. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the special local regulation 

during the duration of the event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation on the Clinch 

River from mile markers 49.5 to 52, from 

6:00 a.m. until 6:30 p.m. on May 29, 

2022 for the Dogwood Masters Classic 

Regatta. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the regatta is 

taking place. No non-participant vessels 

or persons will be permitted to enter the 

special local regulation without 

obtaining permission from the COTP or 

a designated representative. Vessels and 

persons transiting the area must comply 

with all orders or directions given to 

them by the COTP or their designated 

representative. The COTP will provide 

notice of the regulated area through 

advanced notice via broadcast notice to 

mariners and by on-scene designated 

representatives. 

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 


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Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 31733 

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, duration, 

and time-of-day of the special local 

regulation. Vessel traffic will be able to 

safely transit around this special local 

regulation which would impact a small 

designated area of the Clinch River for 

12.5 hours during the day when vessel 

traffic is normally low. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

would allow vessels to seek permission 

to enter the zone. 

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 special 

local regulation 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 

special local regulation lasting 12.5 

hours that will prohibit entry between 

mile markers 49.5 to 52 of the Clinch 

River for the duration of the regatta. It 

is categorically excluded from further 

review under paragraph L61 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 100 

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.T08–0310 to read as 

follows: 

§ 100.T08–0310 Special Local Regulation; 

Dogwood Masters Classic Regatta; Clinch 

River, Oak Ridge, TN 

(a) Regulated area: This section 

applies to the following area: Clinch 

River Mile Marker (MM) 49.5—52, 

extending the entire width of the river. 

(b) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Ohio Valley or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone at 502–779– 

5422 Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 


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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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