38996 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR 165 

[Docket Number USCG–2022–0496] 

RIN 1625–AA00 

Safety Zone; Caruso Affiliated 

Holdings Fireworks Event, Newport 

Beach, California 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

near Balboa Pier, Newport Beach 

Harbor, California, around the fireworks 

launch barge during the loading of 

pyrotechnics, the transit of the barge to 

the display location in vicinity of 

Southeast of Balboa Pier, and for the 

duration of the fireworks display on July 

4, 2022. This temporary safety zone is 

necessary to protect waterway users 

from the hazards of fireworks and 

harmful debris within the fall out zone 

during the fireworks display within 

Newport Beach Harbor, CA. Entry of 

persons or vessels into this temporary 

safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Los Angeles—Long Beach, or 

her designated representative. 

DATES: This rule is effective from 7 p.m. 

through 11 p.m. on July 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2022– 

0496 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 about this proposed 

rulemaking, call or email the LCDR 

Maria Wiener, U.S. Coast Guard Sector 

Los Angeles—Long Beach; telephone 

(310) 521–3860, email D11-SMBSectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

LLNR Light List Number 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ 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. Publishing an 

NPRM would be impracticable in this 

case due to the timing of the event. The 

event sponsor submitted their 

completed application with short 

notice. As the Coast Guard received late 

notification of the fireworks display 

vessels, it is impracticable to publish an 

NPRM with a comment period and have 

sufficient time to consider the 

comments before the scheduled event 

on July 4, 2022. 

For the reasons stated above, we are 

issuing this rule, and under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making it 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 

necessary to protect persons and 

property from the dangers associated 

with the fireworks event on July 4, 2022. 

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 (COTP), Los 

Angeles—Long Beach has determined 

that potential hazards associated with 

navigation safety may arise. The 

fireworks display creates potential for 

hazards for any person or vessel within 

a 100-foot radius around the fireworks 

launch barge SWOB–20, during the 

loading of the pyrotechnics at Pacific 

Tugboat Services, 1512 Pier C St., and 

during the transit of the fireworks barge 

from Pacific Tugboat Services to the 

fireworks launch area. There is also a 

1,000-foot safety radius around the 

fireworks launch barge 15 minutes prior 

to, and for the duration of the fireworks 

display. Potential hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. This temporary 

safety zone is necessary to ensure the 

safety of, and reduce the risk to, the 

public, and mariners in Newport Beach 

Harbor, CA. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on July 4, 2022, 

encompassing all navigable waters from 

the surface to the sea floor within a 100- 

foot radius around the fireworks launch 

barge SWOB–20 during the loading of 

the pyrotechnics at Pacific Tugboat 

Services at 1512 Pier C St. The safety 

zone will continue during the transit of 

the fireworks barge from Pacific Tugboat 

Services to the fireworks launch site at 

approximate position: 33°35.474′ N; 

117°53.296′ W, in vicinity of Newport 

Beach Harbor, CA. The temporary safety 

zone will then increase to 1,000-feet 15 

minutes prior to, and for the duration of 

the fireworks display, expected to 

commence at 9 p.m. and last 

approximately 30 minutes. These 

coordinates are based on North 

American Datum of 1984. 

No vessel or person is permitted to 

operate in the safety zone without 

obtaining permission from the Captain 

of the Port (COTP) or the COTP’s 

designated representative. Sector Los 

Angeles—Long Beach may be contacted 

on VHF–FM Channel 16 or 310–521– 

3801. The general boating public will be 

notified prior to the enforcement of the 

temporary safety zone via Broadcast 

Notice to Mariners. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on a number of these 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 12866 (‘‘Regulatory Planning 

and Review’’) and 13563 (‘‘Improving 

Regulation and Regulatory Review’’) 

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 

including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and equity. 

E.O.13563 emphasizes the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’), directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 


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Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38997 

managed and controlled through a 

budgeting process.’’ 

This regulatory action determination 

is based on the size, location, duration 

of the safety zone. Although this rule 

restricts access to the waters 

encompassed by the safety zone, the 

duration of the rule is only four hours 

and the local waterway users will be 

notified via public Broadcast Notice to 

Mariners to ensure the safety zone will 

result in minimum impact. Vessels 

should be able to transit around the 

safety zone without interruption. The 

entities most likely to be affected are 

waterfront facilities, commercial 

vessels, and pleasure craft engaged in 

recreational activities. 

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 contact 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 E.O. 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 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 

Management Directive 023–01 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 in an area in the vicinity of 

Newport Beach Harbor, Newport, CA. 

Such actions are categorically excluded 

from further review under paragraph 

60(a) of Appendix A, Table 1 of the 

Department of Homeland Security 

Directive 023–01–001–01, Rev. 01. An 

environmental analysis checklist 

supporting this determination and 

Record of Environmental Consideration 

(REC) are available in the docket where 

indicated under ADDRESSES. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 46 U.S.C. 70034, 

70051 

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. 0170.1. 

■ 2. Add § 165.T11–100 to read as 

follows: 

§ 165.T11–100 Safety Zone; Caruso 

Affiliated Holdings; Newport Beach, 

California. 

(a) Location. The following area is a 

safety zone: all navigable waters from 

the surface to the sea floor within a 100- 

foot radius around the fireworks launch 

barge SWOB–20, during the loading of 

the pyrotechnics at Pacific Tugboat 

Services, 1512 Pier C St., and during the 

transit of the fireworks barge from 

Pacific Tugboat Services to the 

fireworks launch site in approximate 

position: 33°35.474′ N; 117°53.296′ W, 

in vicinity of Newport Beach Harbor, 

CA. The temporary safety zone will then 

increase to 1,000-feet 15 minutes prior 

to, and for the duration of the fireworks 

display, expected to commence at 9:00 


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38998 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

p.m. on July 4th, 2022, and last 

approximately 30 minutes. These 

coordinates are based on North 

American Datum of 1983, World 

Geodetic System, 1984. 

(b) Definitions. For the purposes of 

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 Los Angeles— 

Long Beach (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) To seek permission to enter, hail 

Coast Guard Sector Los Angeles—Long 

Beach on VHF–FM Channel 16 or call 

at (310) 521–3801. 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 7 p.m. to 11 p.m. 

on July 4, 2022. The firework display is 

scheduled to commence at 9 p.m. This 

rule will be enforced during the loading, 

transit and duration of the fireworks 

display, which will be broadcasted via 

local Broadcast Notice to Mariners in 

accordance with 33 CFR 165.7. 

Dated: June 23, 2022. 

K.L. Bernstein, 

Captain, U.S. Coast Guard Acting Captain 

of the Port, Los Angeles Long Beach. 

[FR Doc. 2022–13992 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0544] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Delaware River, Philadelphia, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters of Delaware River near Pleasant 

Hill Park in Philadelphia, PA, for a 

fireworks display. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a fireworks 

display. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Delaware Bay. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on 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– 

0544 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 Jennifer Padilla, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone (215) 271–4814, email 

Jennifer.L.Padilla@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 and contrary to the public 

interest to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the event. The rule must 

be in force by July 4, 2022. We are 

taking immediate action to ensure the 

safety of spectators and the general 

public from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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. The rule 

needs to be in place by July 4, 2022, to 

mitigate the potential safety hazards 

associated with a fireworks display in 

this location. 

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, Delaware Bay 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this July 4, 2022 display will 

be a safety concern for anyone within a 

300-yard radius of the barge. 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 temporary 

safety zone of the Delaware River near 

Pleasant Hill Park in Philadelphia, PA, 

during a fireworks display from a barge. 

The event is scheduled to take place 

between 9 p.m. and 10 p.m. on July 4, 

2022. The safety zone will extend 300 

yards around the barge, which will be 

anchored at approximate position 

latitude 40°2′22.54′′ N longitude 

074°59′22.03′′ W. 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 (1) although persons and 

vessels may not enter, transit through, 

anchor in, or remain within the safety 

zone without authorization from the 


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