35092 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0472] 

Safety Zone; Annual Fireworks 

Displays Within the Captain of the Port 

Zone, Columbia River 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

safety zone regulations at various 

locations in the Sector Columbia River 

Captain of the Port Zone from July 4, 

2022 to July 23, 2022 to provide for the 

safety of life on navigable waters during 

these fireworks displays. Our regulation 

for fireworks displays within the 

Thirteenth Coast Guard District 

identifies the regulated areas and the 

approximate dates for these events. The 

specific dates and times are identified in 

this notice. During the enforcement 

periods, 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 regulations in 33 CFR 

165.1315, Table 1, will be enforced for 

the safety zones identified in the 

SUPPLEMENTARY INFORMATION section 

below for the dates and times specified. 

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, Coast Guard; telephone 

503–240–9319, email D13-SMBMSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce safety zones in 33 

CFR 165.1315, Table 1, for the events 

specified below, during the designated 

enforcement periods, and within a 450 

yard radius of the launch site and the 

listed locations. This action is being 

taken to provide for the safety of life on 

navigable waterways during these 

events. 

Our regulation for fireworks displays 

within the Thirteenth Coast Guard 

District, 33 CFR 165.1315, Table 1, 

designates the regulated areas and 

identifies the approximate dates for 

these events. The specific dates and 

times are specified below. During the 

enforcement periods, as reflected in 

§ 165.1315, if you are the operator of a 

vessel in the regulated area you must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. These 

safety zones are subject to enforcement 

at least 1 hour prior to the start and 1 

hour after the conclusion of the events. 

TABLE 1—DATES AND DURATIONS OF ENFORCEMENT FOR 33 CFR 165.1315 SAFETY ZONES AT VARIOUS LOCATIONS

WITHIN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE IN 2022 

Event name Event location Date of event Latitude Longitude 

Oaks Park Association 4th of July .......... Portland, OR ........... July 4, 2022 9:30 p.m. to 11 p.m ............ 45°28′22′′ N 122°39′59′′ W 

Port of Cascade Locks 4th of July .......... Cascade Locks, OR July 4, 2022 9:30 p.m. to 11 p.m ............ 45°40′15′′ N 121°53′43′′ W 

Clatskanie Heritage Days Fireworks ....... Clatskanie, OR ....... July 4, 2022 9:30 p.m. to 11 p.m ............ 46°06′17′′ N 123°12′02′′ W 

Westport 4th of July ................................. Westport, WA ......... July 4, 2022 9:30 p.m. to 11:30 p.m ....... 46°54′17′′ N 124°05′59′′ W 

Garibaldi Days Fireworks ........................ Garibaldi, OR .......... July 23, 2022 9:30 p.m. to 11 p.m .......... 45°33′13′′ N 123°54′56′′ W 

All coordinates are listed in reference Datum NAD 1983. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of these enforcement 

periods via the Local Notice to Mariners 

and Broadcast notice to mariners. 

Dated: June 3, 2022. 

M. Scott Jackson, 

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

Port Columbia River. 

[FR Doc. 2022–12454 Filed 6–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0473] 

RIN 1625–AA00 

Safety Zone; Firework Display; 

Elizabeth River, Norfolk, VA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 500 yard 

radius from a fireworks barge located 

near Town Point Park in Norfolk, VA. 

The purpose of this rulemaking is to 

ensure the safety of persons, vessels, 

and the navigable waters within close 

proximity to fireworks displays before, 

during, and after the scheduled events. 

Hazards with this event include 

potential falling debris and possible fire, 

explosion, projectile, and burn hazards. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Virginia. 

DATES: This rule is effective from noon 

on June 10, 2022, through 11:59 p.m. on 

June 12, 2022. This rule will be enforced 

from 8 p.m. until 11 p.m. on June 11, 

2022, or those same hours on June 12, 

2022, in the case of inclement weather 

on June 11, 2022. This rule may also be 

enforced during additional times during 

the effective period if deemed necessary 

by the COTP or the Coast Guard 

designated representative. The COTP or 

designated representative will notify the 

public of additional enforcement of this 

zone during its effective period by all 

appropriate means to affect the widest 

publicity among the affected public, 

including by Local Notices to Mariners 

and by Broadcast Notice to Mariners 

over VHF–FM marine band radio. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0473 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Ashley Holm, Chief, 

Waterways Management Division, 

Sector Virginia, U.S. Coast Guard; 

telephone 757–668–5580 email 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Rules and Regulations 35093 

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. It is 

impracticable and contrary to the public 

interest to publish an NPRM for this 

rule because this safety zone must be in 

effect by June 11, 2022, to ensure the 

safety of persons, vessels, and the 

navigable waters within close proximity 

to the fireworks display from potential 

hazards that associated with this event. 

These potential hazards include falling 

debris and possible fire, explosion, 

projectile, and burn hazards. There is 

not sufficient time to allow for a notice 

and comment period prior to the event. 

While we are unable to provide the 

public a chance to comment on the 

temporary final rule establishing a 

safety zone for this year’s event, we 

have recently solicited comments from 

the public for a safety zone at this 

location for future fireworks displays 

associated with Harborfest. On March 

18, 2022, the Coast Guard published an 

NPRM to amend its safety zones 

established for recurring marine events 

and fireworks displays that take place 

within the Fifth Coast Guard District 

area of responsibility (87 FR 15347). 

That proposal included the addition of 

a recurring safety zone for Harborfest at 

the same location as this temporary final 

rule. On May 13, 2022, the final rule 

was published and the Coast Guard 

addressed the one comment received 

(87 FR 29226). This temporary final rule 

is needed because the final rule 

establishing the recurring event will not 

be effective until after the event for this 

year. 

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 

would be impracticable and contrary to 

the public interest. Immediate action is 

needed to ensure the safety of event 

spectators, support craft and other 

vessels transiting the navigational 

waters adjacent to the event. For the 

safety concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. However, 

advance notifications will be made to 

affected users of the waterway via 

marine information broadcasts and an 

article in the Local Notice to Mariners. 

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 COTP 

has determined that potential hazards 

associated with the fireworks events 

present a safety concern for anyone 

within the safety zone. 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 the Rule 

This rule establishes a safety zone 

from noon on June 10, 2022, through 

11:59 p.m. on June 12, 2022. This rule 

will be enforced from 8 p.m. until 11 

p.m. on June 11, 2022, or those same 

hours on June 12, 2022, in the case of 

inclement weather on June 11, 2022. 

This rule may also be enforced during 

additional times during the effective 

period if deemed necessary by the COTP 

or the Coast Guard designated 

representative. The COTP or designated 

representative will notify the public of 

additional enforcement of this zone 

during its effective period by all 

appropriate means to affect the widest 

publicity among the affected public, 

including by Local Notices to Mariners 

and by Broadcast Notice to Mariners 

over VHF–FM marine band radio. 

The safety zone will cover all 

navigable waters within a 500 yard 

radius from a fireworks barge located at 

approximate latitude 36°50′41′′ N, 

longitude 076°17′47′′ W, located near 

Town Point Park in Norfolk, VA. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters during the fireworks display. 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 short amount of time 

that vessels will be restricted from 

certain parts of the waterway and the 

small size of these areas that are usually 

positioned away from high vessel traffic 

zones. This rule will be in effect for 36 

hours. Generally vessels would not be 

precluded from getting underway, or 

mooring at any piers or marinas 

currently located in the vicinity of the 

regulated area. Advance notifications 

will also be made to the local maritime 

community by issuance of Local Notice 

to Mariners, Broadcast Notice to 

Mariners via VHF–FM marine channel 

16, and Marine Safety Information or 

Security Bulletins so mariners can 

adjust their plans accordingly. The 

Coast Guard anticipates that this safety 

zone will only be enforced for a limited 

duration while it is in effect. 

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 


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35094 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Rules and Regulations 

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 safety 

zone lasting only 30 minutes that will 

prohibit entry within 500 yards of a 

fireworks barge. It is categorically 

excluded from further review under 

paragraph L60c of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Memorandum for 

Record 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.T05–0473 to read as 

follows: 

§ 165.T05–0473 Safety Zone; Firework 

Display; Elizabeth River, Norfolk, VA. 

(a) Location. The following area is a 

safety zone: all waters of the Elizabeth 

River within a 500 yard radius from a 

fireworks barge located at approximate 

position latitude 36°50′41′′ N, longitude 

076°17′47′′ W, located near Town Point 

Park in Norfolk, VA. 

(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 (COTP) Virginia in the 

enforcement of the special local 

regulation. 

(c) Regulation. (1) No vessel or person 

is permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF FM 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 8 p.m. until 11 

p.m. on June 11, 2022, or those same 

hours on June 12, 2022, in the case of 

inclement weather on June 11, 2022. 

This section may also be enforced 

during additional times during the 

effective period if deemed necessary by 

the COTP or the Coast Guard designated 

representative. The COTP or designated 

representative will notify the public of 

additional enforcement of this zone 

during its effective period by all 

appropriate means to affect the widest 

publicity among the affected public, 

including by Local Notices to Mariners 

and by Broadcast Notice to Mariners 

over VHF–FM marine band radio. 

Dated: June 3, 2022. 

S.C. Stevens, 

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

Port Virginia. 

[FR Doc. 2022–12408 Filed 6–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0450] 

RIN 1625–AA87 

Security Zone; Parker Canyon, Pacific 

Palisades, CA 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for the navigable waters of Parker 

Canyon from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 34°02′12′′ 

N, 118°33′26′′ W; thence to 34°02′19′′ N, 

118°34′33′′ W; to the shoreline back to 

the beginning point, off the eastern end 

of Topanga beach, CA, in support of a 


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