34574 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Winfield, FL [Removed] 

Issued in College Park, Georgia, on June 1, 

2022. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2022–12141 Filed 6–6–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0402] 

Special Local Regulation; Dutch Shoe 

Regatta; San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Dutch Shoe Regatta special local 

regulation on the waters of San Diego 

Bay, California on July 22, 2022. These 

special local regulations are necessary to 

provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from anchoring, blocking, 

loitering, or impeding within this 

regulated area unless authorized by the 

Captain of the Port, or his designated 

representative. 

DATES: The regulations in 33 CFR 

100.1101 will be enforced for the Dutch 

Shoe Regatta regulated area listed in 

item 4 in Table 1 to § 100.1101 from 11 

a.m. to 4 p.m. on July 22, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Commander John Santorum, Waterways 

Management, U.S. Coast Guard Sector 

San Diego, CA; telephone (619) 278– 

7656, email MarineEventsSD@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.1101 for the 

Dutch Shoe Regatta in San Diego Bay, 

CA for the location described in Table 

1 to § 100.1101, Item No. 4 of that 

section Regatta from 11 a.m. to 4 p.m. 

on July 22, 2022. This action is being 

taken to provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Eleventh Coast Guard District, 

§ 100.1101, specifies the location of the 

regulated area for the Dutch Shoe 

Regatta which encompasses the waters 

of San Diego Bay, CA, from Shelter 

Island to Glorietta Bay. Under the 

provisions of § 100.1101, persons and 

vessels are prohibited from anchoring, 

blocking, loitering, or impeding within 

this regulated area unless authorized by 

the Captain of the Port, or his 

designated representative. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in enforcing this regulation. 

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 the Local 

Notice to Mariners, Safety Marine 

Information Broadcast, and local 

advertising by the event sponsor. 

If the Captain of the Port Sector San 

Diego or his designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated on this document, he or she may 

use a marine information broadcast or 

other communications coordinated with 

the event sponsor to grant general 

permission to enter the regulated area. 

Dated: June 1, 2022. 

T.J. Barelli, 

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

Port San Diego. 

[FR Doc. 2022–12231 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0431] 

RIN 1625–AA00 

Safety Zone; Barge Fire; Captain of the 

Port Delaware Bay Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard establishing 

a temporary moving safety zone within 

the Captain of the Port Delaware Bay 

Zone near the barge with Hull Number: 

CMTYNOT6. This action is needed to 

provide for the safety of life on these 

navigable waters from a barge fire and 

all associated emergency response 

actions. This rulemaking prohibits 

persons and vessels from being in the 

regulated areas during the enforcement 

period unless authorized entry by the 

Captain of the Port (COTP), Delaware 

Bay Zone or a designated representative. 

DATES: This rule is effective without 

actual notice from June 7, 2022 through 

June 15, 2022. For the purposes of 

enforcement, actual notice will be used 

from May 30, 2022, until June 7, 2022 

unless canceled earlier by the Captain of 

the Port Delaware Bay. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0431 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 email MST2 Thomas Welker, 

Waterways Management Division, 

Sector Delaware Bay, U.S. Coast Guard; 

telephone (215) 271–4889, email 

Thomas.J.Welker@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 

On May 23, 2022, the Coast Guard 

issued a rulemaking creating a 

temporary safety zone on the navigable 

waters of the Delaware Bay Captain of 

the Port Zone to protect persons and 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 34575 

vessels during response operations 

associated with a barge fire. A copy of 

the rulemaking ending on May 30, 2022, 

is available in the Docket USCG–2022– 

0431, which can be found using 

instructions in the ADDRESSES section. 

However, additional time is needed to 

conduct response and salvage 

operations including damage 

assessment, cargo removal, dewatering, 

and the movement of the barge to an 

adequate facility, and, as a result, the 

Coast Guard is establishing through 

temporary regulations a safety zone 

what will be in effect through June 15, 

2022, unless canceled earlier by the 

COTP. 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 

would be impracticable and contrary to 

the public interest. The Coast Guard was 

unable to publish an NPRM and hold a 

reasonable comment period for this 

rulemaking due to the emergent nature 

of the barge fire response and salvage 

operations. Immediate action is needed 

to provide for the safety of life on these 

navigable waters during response and 

salvage operations. 

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 and 

contrary to the public interest because 

immediate action is needed to provide 

for the safety of life on these navigable 

waters during response and salvage 

operations. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

Captain of the Port Delaware Bay 

(COTP) has determined that potential 

hazards associated with response and 

salvage operations will be a safety 

concern for anyone within a 500-yard 

radius of the barge (Hull Number: 

CMTYNOT6), and emergency response 

vessels, machinery, and equipment. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while response and salvage 

operations are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced from 

May 30, 2022, through June 15, 2022, 

unless canceled earlier by the Captain of 

the Port, Delaware Bay. The safety zone 

will cover all navigable waters in the 

Captain of the Port Delaware Bay Zone 

within 500 yards of the barge (Hull 

Number: CMTYNOT6), and vessels, 

machinery, and equipment being used 

in response and salvage operations for 

that barge which had caught on fire on 

May 23, 2022. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters until completion 

of response and salvage operations. No 

vessel or person will be 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 and location of the 

safety zone. Vessel traffic will be able to 

safely transit around this safety zone 

which would impact a small designated 

area of the waters of the Delaware Bay 

Captain of the Port Zone. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about 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 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, 


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34576 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

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 safety 

zone that will prohibit entry within 500 

yards of the barge, vessels, and 

machinery being used in emergency 

response operations. 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; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0431 to read as 

follows: 

§ 165.T05–0431 Safety Zone; Barge Fire; 

Captain of the Port Delaware Bay Zone 

(a) Location. The following area is a 

safety zone: All waters in the Captain of 

the Port Delaware Bay Zone within 500 

yards, from surface to bottom, of the 

barge (Hull Number: CMTYNOT6), and 

vessels, machinery, and equipment 

being used in emergency response and 

salvage operations for that barge. 

(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 Delaware Bay 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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF Channel 16. 

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 May 30, 2022, 

through June 15, 2022, unless canceled 

earlier by the COTP. 

Dated: May 29, 2022. 

Jonathan D. Theel, 

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

Port, Delaware Bay. 

[FR Doc. 2022–12212 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0437] 

Safety Zones; Delaware River; DRWC 

Fireworks; Penn’s Landing 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Penn’s Landing, Delaware River, 

Philadelphia, PA; Safety Zone from 8:30 

p.m. through 9:15 p.m. on June 8, 2022 

to provide for the safety of life on 

navigable waterways during this 

firework event. Our regulation for 

marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event in Philadelphia, PA. 

During the enforcement period, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

DATES: The regulation in table 1 to 

paragraph (h)(1) to 33 CFR 165.506, 

entry 10, will be enforced 8:45 p.m. 

through 9:15 p.m. on June 8, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Thomas Welker, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Thomas.j.welker@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

table 1 to paragraph (h)(1) to 33 CFR 

165.506, entry 10 for the DRWC 

Fireworks Display from 8:30 p.m. until 

9:15 p.m. on June 8, 2022. This action 

is necessary to ensure safety of life on 

the navigable waters of the United 

States immediately prior to, during, and 

immediately after the fireworks 

displays. Our regulation for safety zones 

of fireworks displays within the Fifth 

Coast Guard District, table 1 to 

paragraph (h)(1) to 33 CFR 165.506, 

entry 10 specifies the location of the 

regulated area as all waters of Delaware 

River, adjacent to Penn’s Landing, 

Philadelphia, PA, within 500 yards of 

the launch site at approximate position 

latitude 39°56′49′′ N, longitude 

075°08′11′′ W. During the enforcement 

period, as reflected in § 165.506(d), 

vessels may not enter, remain in, or 

transit through the safety zone unless 

authorized by the Captain of the Port or 


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