31730 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 

10 5 U.S.C. 804(3)(C). 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

9. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from 

FERC Online Support at 202–502–6652 

(toll free at 1–866–208–3676) or email at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

VI. Effective Date and Congressional 

Notification 

10. These regulations are effective 

June 24, 2022. The Commission is 

issuing this rule as a final rule without 

a period for public comment. Under 5 

U.S.C. 553(b)(3)(A), notice and comment 

procedures are unnecessary for ‘‘rules of 

agency organization, procedure, or 

practice.’’ This rule is such a rule, and, 

by codifying in the regulations the 

delegation of authority to settlement 

judges to certify uncontested 

settlements to the Commission, this rule 

is directed at improving the efficient 

and effective operations of the 

Commission, not toward a 

determination of the rights, interests, or 

obligations of any affected participants. 

Notice and comment procedures are 

thus not required. 

11. The Congressional Review Act 

provides for Congressional notification 

of certain rules, but essentially exempts 

‘‘any rule of agency organization, 

procedure, or practice that does not 

substantially affect the rights or 

obligations of non-agency parties.’’ 10

This rule is such a rule, and, by 

codifying in the regulations the 

delegation of authority to settlement 

judges to certify uncontested 

settlements to the Commission, this rule 

is directed at improving the efficient 

and effective operations of the 

Commission, not toward a 

determination of the rights, interests, or 

obligations of any affected participants. 

Congressional notification is thus not 

required. 

List of Subjects in 18 CFR Part 375 

Authority delegations. 

By the Commission. 

Issued: May 19, 2022. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission amends part 375, chapter I, 

title 18, Code of Federal Regulations, as 

follows: 

PART 375—THE COMMISSION 

■ 1. The authority citation for part 375 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717w, 3301–3432; 16 U.S.C. 791–825r, 

2601–2645; 42 U.S.C. 7101–7352. 

■ 2. In § 375.304, paragraph (c) is added 

to read as follows: 

§ 375.304 Delegations to the Chief 

Administrative Law Judge. 

* * * * * 

(c) The Commission authorizes the 

Chief Administrative Law Judge, and 

the Administrative Law Judge 

designated by the Chief Administrative 

Law Judge to serve as a settlement judge 

for a proceeding, to certify to the 

Commission uncontested offers of 

settlement. 

[FR Doc. 2022–11242 Filed 5–24–22; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0339] 

RIN 1625–AA08 

Special Local Regulation; Escape 

From Alcatraz Triathlon, 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 local 

regulation for the navigable waters on 

the San Francisco Bay. The special local 

regulation is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the Escape from Alcatraz 

Triathlon marine event. This special 

local regulation will temporarily 

prohibit persons and vessels from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area unless authorized by the Captain of 

the Port San Francisco or a designated 

representative. This regulation is 

necessary to provide safety of life on the 

navigable waters during the event, 

which will be held on June 5, 2022. 

DATES: This rule is effective on June 5, 

2022, from 6:30 a.m. until 10 a.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2022– 

0339 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 MST1 Shannon Curtaz-Milian, 

U.S. Coast Guard District 11, 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 we 

must establish this regulation by June 5, 

2022, and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

this 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 immediate action is 

needed to ensure the safety of the 

participants and vessels during the 

Escape from Alcatraz Triathlon on June 

5, 2022. 

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 San Francisco 


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Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 31731 

(COTP) has determined that potential 

hazards associated with the Escape from 

Alcatraz Triathlon marine event on June 

5, 2022, will be a safety concern from 

Alcatraz Island to St. Francis Yacht Club 

for three and a half hours. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the special 

local regulation while the event is 

taking place. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 6:30 a.m. until 10 a.m. 

on June 5, 2022. The special local 

regulation will cover all navigable 

waters in the vicninity of the marine 

event, Escape from Alcatraz Triathon, 

taking place near Alcatraz Island to St. 

Francis Yacht Club. The duration of the 

special local regulation is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the event is taking place. 

No vessel or person will be permitted to 

enter the regulated area 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, duration, 

and the time-of-day of the special local 

regulation. This special local regulation 

would impact a small designated area of 

the San Francisco Bay for a short 

duration and vessel traffic will be able 

to transit after the time of the event. 

Moreover the Coast Guard will issue a 

Broadcast the 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. 

When the special local regulation is in 

effect, vessel traffic can pass safely 

around the regulated area. The maritime 

public will be advised in advance of this 

special local regulation via Broadcast 

Notice to Mariners. 

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 only 3 

and a half hours that will prohibit entry 

within a marine event in the area of 

Alcatraz Island to Saint Francis Yacht 

Club. 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. 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. 


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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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