38658 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0532] 

RIN 1625–AA00 

Safety Zone; Redwood City Fourth of 

July Fireworks; Redwood Creek, 

Redwood City, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Redwood 

Creek in Redwood City, CA in support 

of a fireworks display on July 4, 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 9 a.m. 

July 3, 2022 until 10:20 p.m. July 4, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0532 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 Petty Officer Shannon CurtazMilian, U.S. Coast Guard, Sector San 

Francisco, at 415–399–7440, 

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 

June 16, 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 

July 3, 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 on Redwood Creek in 

Redwood City, CA on July 4, 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 Redwood City 

Fourth of July Fireworks on July 4, 

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 850-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 9 a.m. on July 3, 2022 

until 10:20 p.m. on July 4, 2022, during 

the loading, staging, and transit of the 

fireworks vessel in San Francisco Bay 

from Pier 50 to Redwood Creek, 

Redwood City, 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 9 a.m. 

on July 3, 2022 until 9 p.m. on July 4, 

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 display is scheduled to start 

from 9:30 p.m. and end at 

approximately 9:50 p.m. on July 4, 2022, 

on Redwood Creek in Redwood City, 

CA. 

The fireworks vessel will remain at 

Pier 50 until the start of its transit to the 

display location. Movement of the 

vessel from Pier 50 to the display 

location is scheduled to take place from 

3 p.m. to 7 p.m. on July 4, 2022, where 

it will remain until the conclusion of 

the fireworks display. 

At 9 p.m. on July 4, 2022, 30 minutes 

prior to the commencement of the 20- 

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 850 feet 

from the circle center at approximate 

position 37°30′28.48′′ N–122°12′51.53′′ 

W (NAD 83). The safety zone will 

terminate at 10:20 p.m. on July 4, 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 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 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel, 

or a Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. This 

regulation is necessary to ensure the 

safety of participants, spectators, and 

transiting vessels. 

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. 


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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Rules and Regulations 38659 

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 limited duration and 

narrowly tailored geographic area of the 

safety zone. Although this rule restricts 

access to the waters encompassed by the 

safety zone, the effect of this rule will 

not be significant because the local 

waterways users will be notified to 

ensure the safety zone will result in 

minimum impact. The vessels desiring 

to transit through or around the 

temporary safety zone may do so upon 

express permission from the COTP or 

the COTP’s designated representative. 

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, 

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 

temporary safety zone in the navigable 

waters around the loading, staging, 

transit, and display of fireworks near 

Pier 50 in San Francisco Bay and on 

Redwood Creek in Redwood City. 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.T11–103 to read as 

follows: 

§ 165.T11–103 Safety Zone; Redwood City 

Fourth of July Fireworks; Redwood Creek, 

Redwood City, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of San 

Francisco Bay, from surface to bottom, 

within a circle formed by connecting all 

points 100 feet out from the fireworks 

vessel during loading and staging at Pier 

50 in San Francisco, CA as well as 

transit and arrival to Redwood Creek, 

Redwood City, CA. Between 9 p.m. and 

10:20 p.m. on July 4, 2022, the safety 

zone will expand to all navigable 

waters, from surface to bottom, within a 

circle formed by connection all points 

850 feet out from the fireworks vessel in 

approximate position 37°30′28.48′′ N– 

122°12′51.53′′ W (NAD 83) or as 

announced via Broadcast Notice to 

Mariners. 


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38660 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Rules and Regulations 

(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, or a 

Federal, State, or Local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) 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) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. on July 3, 

2022 until 10:20 p.m. on July 4, 2022. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: June 22, 2022. 

Taylor Q. Lam, 

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

Port, San Francisco. 

[FR Doc. 2022–13839 Filed 6–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0428] 

Safety Zone; Marine Events Within the 

Eighth Coast Guard District; Lower 

Mississippi River; New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a temporary safety zone for a fireworks 

display located on the navigable waters 

of the Lower Mississippi River between 

mile marker (MM) 94.3 and MM 95.3. 

This action is needed to provide for the 

safety of life on these navigable 

waterways during this event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the 

Captain of the Port New Orleans or 

designated representative. 

DATES: The regulations in 33 CFR 

165.801, Table 5, line 3 will be enforced 

from 8:30 p.m. though 9:30 p.m. on July 

4, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a temporary safety 

zone in 33 CFR 165.801, Table 5, line 

3, for the Riverfront Marketing Group 

Independence Day Celebration 

fireworks display event. This regulation 

will be enforced from 8:30 p.m. through 

9:30 p.m. on July 4, 2022. This action 

is being taken to provide for the safety 

of life on these navigable waterways 

during this event. Our regulation for 

marine events within the Eighth Coast 

Guard District, 33 CFR 165.801, 

specifies the location of the regulated 

area on the Lower Mississippi River, 

between mile marker (MM) 94.3 and 

MM 95.3. During the enforcement 

period, if you are the operator of a 

vessel in the regulated area, you must 

comply with directions from the 

Captain of the Port or a designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via a Marine Safety Information Bulletin 

and/or Broadcast Notice to Mariners. 

Dated: June 23, 2022. 

K.K. Denning, 

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

Port Sector New Orleans. 

[FR Doc. 2022–13872 Filed 6–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0426] 

Safety Zone; Marine Events Within the 

Eighth Coast Guard District; 

Tchefuncte River, Madisonville, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a temporary safety zone for a fireworks 

display located on the navigable waters 

of the Tchefuncte River at approximate 

position 30°24′11.63′′ N, 090°09′17.39′′ 

W. This action is needed to provide for 

the safety of life on these navigable 

waterways during the event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the 

Captain of the Port or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.801, Table 5, line 15 will be 

enforced from 8:30 p.m. through 9:30 

p.m. on July 4, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a temporary safety 

zone in 33 CFR 165.801, Table 5, line 

15, for the Madisonville Old Fashioned 

4th of July fireworks display event. This 

regulation will be enforced from 8:30 

p.m. through 9:30 p.m. on July 4, 2022. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event. Our regulations for 

marine events within the Eighth Coast 

Guard District, 33 CFR 165.801, 

specifies the approximate location of the 

regulated area on the Tchefuncte River 

as 30°24′11.63′′ N, 090°09′17.39′′ W. 

During the enforcement period, if you 

are the operator of a vessel in the 

regulated area, you must comply with 

directions from the Captain of the Port 

or a designated representative. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via Marine Safety Information Bulletin 

and Broadcast Notice to Mariners. 


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