Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 34605 

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 calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 09:30 to 11 p.m. 

on June 25, 2022. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: May 25, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Columbia River. 

[FR Doc. 2022–11813 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–2022–0373] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Yaquina Bay, Newport, OR 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of Yaquina Bay. This 

action is necessary to provide for the 

safety of life on these navigable waters 

near Newport, OR, during a fireworks 

display on July 4, 2022. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Columbia River or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 22, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0373 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LT Sean 

Murphy, Waterways Management 

Division, Marine Safety Unit Portland, 

Coast Guard; telephone 503–240–9319, 

email D13-SMB-MSUPortlandWWM@

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 

COTP Captain of the Port Columbia River 

II. Background, Purpose, and Legal 

Basis 

On March 8, 2022, Western Display 

Fireworks, LTD notified the Coast Guard 

that it will be conducting a fireworks 

display from 10 to 10:30 p.m. on July 4, 

2022. The fireworks are to be launched 

from a site on land in the Port of 

Newport, OR. Hazards from firework 

displays include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. The 

Captain of the Port Columbia River 

(COTP) has determined that potential 

hazards associated with the fireworks 

would be a safety concern for anyone 

within a 500-foot radius of the launch 

site before, during, or after the fireworks 

display. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 500-foot 

radius of the fireworks barge before, 

during, and after the scheduled event. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from 9:30 to 11 p.m. on July 

4, 2022. The safety zone would cover all 

navigable waters within 500 feet of the 

launch site located at approximately 

44°37′31′′ N, 124°2′5′′ W in the port of 

Newport, Oregon. The duration of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

10 to 10:30 p.m. fireworks display. No 

vessel or person would be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The safety 

zone created by this proposed rule is 

designed to minimize its impact on 

navigable waters. The safety zone will 

impact approximately a 500 foot area of 

Yaquina Bay and is not anticipated to 

exceed 2 hours in duration. Thus, 

restrictions on vessel movement within 

that particular area are expected to be 

minimal. Moreover, under certain 

conditions vessels may still transit 

through the safety zone when permitted 

by the COTP. The Coast Guard would 

issue a Notice to Mariners 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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 


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34606 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a safety zone lasting 2 

hours that would prohibit entry within 

500 feet of a fireworks launch site. 

Normally such actions are 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 preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0373 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 is proposing 

to amend 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.T13–0373 to read as 

follows: 

§ 165.T13–0373 Safety Zone; Fireworks 

Display, Yaquina Bay, Newport, OR. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

500 feet of a fireworks launch site in 

Newport, OR. The fireworks launch site 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 34607 

will be at the approximate point of 

44°37′31.62′′ N/124°2′5.42′′ W. 

(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 Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the fireworks 

display. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all non-participants 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 calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 9:30 to 11 p.m. on 

July 4, 2022. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: May 24, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Columbia River. 

[FR Doc. 2022–12232 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–2022–0333] 

RIN 1625–AA87 

Security Zone; Lower Mississippi 

River, Mile Marker 94 to 97 Above Head 

of Passes, New Orleans, LA 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent security zone for 

all navigable waters of the Lower 

Mississippi River (LMR) from mile 

marker (MM) 94 to MM 97, Above Head 

of Passes (AHP), New Orleans, LA. This 

security zone is necessary to expedite 

the establishment and enforcement of 

the security zones to protect vessels, 

waterfront facilities, the public, and 

other surrounding areas from 

destruction, loss, or injury caused by 

sabotage, subversive acts, accidents, or 

other actions of a similar nature. This 

proposed rulemaking would prohibit 

entry of vessels or persons from entering 

the security zone unless specifically 

authorized by the Captain of the Port 

Sector New Orleans (COTP) or a 

designated representative. This 

proposed security zone would be 

enforced only as necessary by the COTP 

through a notification of enforcement 

published in the Federal Register and 

announced through Vessel Traffic 

Service Advisories, Broadcast Notices to 

Mariners (BNMs), Local Notice to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. We invite your comments 

on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 7, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0333 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Commander William A. Stewart, Sector 

New Orleans, U.S. Coast Guard; 

telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

AHP Above Head of Passes 

CFR Code of Federal Regulations 

COTP Captain of the Port New Orleans 

DHS Department of Homeland Security 

FR Federal Register 

LMR Lower Mississippi River 

MM Mile Marker 

NPRM Notice of proposed rulemaking 

NOE Notice of Enforcement 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

During the preceding several years, 

the COTP has published multiple 

temporary final rules (TFRs) to 

implement heightened security 

measures to protect waterfront facilities, 

visiting dignitaries, large volumes of 

festival participants, and/or vessels from 

destruction, loss, or injury from 

sabotage, subversive acts, or other 

malicious or potential terrorist acts 

within the LMR from MM 94 to MM 97, 

AHP, New Orleans, LA. The COTP 

expects that events requiring heightened 

protection will increase as New Orleans 

continues to hold popular annual 

events, like Mardi Gras and French 

Quarter Fest, as well as remains a top 

destination for events of national 

significance, such as sporting events 

and Navy Fleet Week. 

The COTP proposes to establish a 

permanent security zone for all 

navigable waters of the LMR from MM 

94 to MM 97, AHP, New Orleans, LA, 

and, thus, expedite the establishment 

and enforcement of the security zones. 

The enforcement of security zones 

within this area of the LMR is usually 

limited in duration, lasting a few hours 

to a few days for each waterway closure, 

creating minimal impact to vessel 

traffic. Moreover, the proposed rule 

would allow vessels to seek permission 

to enter the security zone from the 

COTP or a designated representative. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

permanent security zone for all 

navigable waters of the LMR from MM 

94 to MM 97, AHP, New Orleans, LA. 

This security zone is necessary to 

protect vessels, waterfront facilities, the 

public, and other surrounding areas 

from destruction, loss, or injury caused 

by sabotage, subversive acts, accidents, 

or other actions of a similar nature. 

While this zone would encompass a 

three-mile section of the waterway, the 

COTP would limit the enforcement of 


jspears on DSK121TN23PROD with PROPOSALS1