Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Proposed Rules 42665 

(2) the process for acquiring controlled 

substances under such circumstances? 

4. Please describe in detail the current 

role of a medical officer, including all 

services provided, on board vessels, 

aircraft, or any other approved entity. 

5. Please describe in detail how 

controlled substances are acquired by 

those entities who do not employ a 

medical officer. 

6. Who generally supplies the 

controlled substances to the vessels, 

aircraft, or other entities? DEAregistered distributors, pharmacies, 

manufacturers, etc.? 

7. Please describe the safeguards that 

are in place to provide effective controls 

against diversion of controlled 

substances. 

a. Please describe the procedures that 

must be followed when handling 

controlled substances. 

b. Who has access to the controlled 

substances? 

c. Who is permitted to dispense or 

administer controlled substances and 

under what circumstances are they 

permitted to do so? 

d. Are there recordkeeping 

requirements for maintaining inventory, 

documenting any controlled substances 

administered, dispensed, lost, stolen, or 

disposed of? 

e. Who is responsible for 

recordkeeping? 

8. Please describe the procedures 

followed for disposing of damaged, 

expired, or otherwise unwanted 

controlled substances. 

9. Please describe the procedure for 

reporting theft or loss of controlled 

substances. 

10. Please provide any information 

that would help DEA quantify (or 

discuss qualitatively) the potential costs 

and benefits of a rule that would 

promote or restrict the use of contract 

and part-time medical officers. 

11. Please provide any information 

that could be used to help DEA quantify 

(or discuss qualitatively) the potential 

costs and benefits of a rule that would 

require a DEA registration to obtain 

controlled substances for stocking, 

maintaining in, and dispensing from 

medicine chests, first aid packets, or 

dispensaries on board vessels, aircraft, 

or other entities. 

12. For the airline industry: Please 

confirm whether controlled substances 

are kept in emergency kits on board 

airplanes. 

a. If so, please describe how the 

controlled substances are obtained. 

b. Are medical officers frequently 

employed by the airline industry? 

c. If a medical emergency arises, who 

on the airplane is permitted to dispense 

or administer controlled substances, if 

needed? 

13. For vessels and other offshore 

entities (e.g., oil rigs and platforms, 

mobile offshore drilling units, mining 

sites, etc.): How and when are the 

controlled substances delivered? 

a. Are the controlled substances 

shipped from the medical officer to the 

vessel or other entity while in port or 

prior to offshore deployment? 

b. Are controlled substances ever 

shipped directly from the vendor to the 

vessel or other entity? 

c. Who on board the vessel or other 

entity is responsible for receiving the 

shipment? 

Regulatory Analyses 

This ANPRM was developed in 

accordance with the principles of 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review’’ and 

E.O. 13563, ‘‘Improving Regulation and 

Regulatory Review.’’ Since this action is 

an ANPRM, the requirement of E.O. 

12866 to assess the costs and benefits of 

this action does not apply. 

Furthermore, the requirements of the 

Regulatory Flexibility Act do not apply 

to this action because, at this stage, it is 

an ANPRM and not a ‘‘rule’’ as defined 

in 5 U.S.C. 601. Following review of the 

comments received in response to this 

ANPRM, if DEA proceeds with a notice 

of proposed rulemaking regarding this 

matter, DEA will conduct all relevant 

analyses as required by statute or 

Executive Order. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on July 13, 2022, by Administrator Anne 

Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2022–15265 Filed 7–15–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0483] 

RIN 1625–AA87 

Security Zone; San Francisco Bay, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a security zone in the 

navigable waters of the San Francisco 

Bay near Yerba Buena Island within the 

San Francisco Captain of the Port 

(COTP) zone. This security zone is 

necessary to provide for the security of 

military service members on board 

vessels moored at the pier and the 

government property associated with 

these valuable national assets. This 

proposed rulemaking would prohibit 

the entry of, transiting through, or 

anchoring within a portion of the San 

Francisco Bay extending from Yerba 

Buena Island unless specifically 

authorized by the Captain of the Port 

San Francisco. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 17, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0483 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 William 

Harris, Sector San Francisco, U.S. Coast 

Guard; telephone 415–399–7443, email 

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, Purpose, and Legal 

Basis 

In October 2021, the Captain of the 

Port (COTP) San Francisco identified a 

need for clearer Aids to Navigation to 


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42666 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Proposed Rules 

inform the boating public of restricted 

areas near Yerba Buena Island. Further 

discussion discovered that current 

regulations established a Restricted 

Area, but not a Security Zone. The 

COTP has determined that potential 

security concerns associated with the 

mooring of Coast Guard Cutters would 

necessitate a Coast Guard Security Zone. 

The purpose of this rulemaking is to 

ensure the security of Coast Guard 

facilities, personnel, and vessels, at all 

times within the navigable waters of the 

San Francisco Bay on the east side of 

Yerba Buena Island from a point along 

the southeastern shore of Yerba Buena 

Island at 37°48′27′′ N, 122°21′44′′ W; 

east to 37°48′27′′ N, 122°21′35′′ W; north 

to 37°48′49′′ N, 122°21′35′′ W, a point on 

the northeastern side of Yerba Buena 

Island. 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 

security zone which would cover all 

navigable waters of the San Francisco 

Bay on the east side of Yerba Buena 

Island from a point along the 

southeastern shore of Yerba Buena 

Island at 37°48′27′′ N, 122°21′44′′ W; 

east to 37°48′27′′ N, 122°21′35′′ W; north 

to 37°48′49′′ N, 122°21′35′′ W, a point on 

the northeastern side of Yerba Buena 

Island. This zone is intended to protect 

the personnel and facilities of U.S. Coast 

Guard units and assets located on and 

within the waters of Yerba Buena 

Island. No vessel or person would be 

permitted to enter the security zone 

unless authorized by the COTP. 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 and location of the 

security zone. The effect of this 

proposed rule will not be significant 

because vessel traffic can pass safely 

around the area, and this proposed rule 

will encompass only a small portion of 

the waterway. 

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 security 

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 

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 security zone that would 

prohibit entry within navigable waters 

of the San Francisco Bay on the east 

side of Yerba Buena Island from a point 

along the southeastern shore of Yerba 

Buena Island at 37°48′27′′ N, 122°21′44′′ 

W; east to 37°48′27′′ N, 122°21′35′′ W; 

north to 37°48′49′′ N, 122°21′35′′ W, a 

point on the northeastern side of Yerba 

Buena Island. Normally such actions are 


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Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Proposed Rules 42667 

1Petition of the United States Postal Service for 

the Initiation of a Proceeding to Consider Proposed 

Changes in Analytical Principles (Proposal Two), 

July 7, 2022 (Petition). The Petition was 

accompanied by a study supporting its proposal. 

See Michael D. Bradley, Calculating Variabilities for 

Postmaster Costs, July 7, 2022. The Postal Service 

also filed a notice of filing of public and non-public 

materials relating to Proposal Two. Notice of Filing 

Continued 

categorically excluded from further 

review under paragraph L[60a] 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–2022–0483 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 § 165.1189 to read as follows: 

§ 165.1189 Security Zone; San Francisco 

Bay, San Francisco, CA. 

(a) Location. The following area is a 

security zone: all navigable waters of the 

San Francisco Bay on the east side of 

Yerba Buena Island from a point along 

the southeastern shore of Yerba Buena 

Island at 37°48′27′′ N, 122°21′44′′ W; 

east to 37°48′27′′ N, 122°21′35′′ W; north 

to 37°48′49′′ N, 122°21′35′′ W, a point on 

the northeastern side of Yerba Buena 

Island. These coordinates are based on 

North American Datum (NAD) 83. 

(b) Regulations. (1) In accordance 

with the general security zone 

regulations in subpart D of this part, 

entry into the area of the security zone 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the Captain of the Port (COTP) San 

Francisco. 

(2) The security zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP. 

(3) To seek permission to enter, 

contact the COTP by VHF Marine Radio 

channel 16 or through the 24-hour 

Command Center at telephone (415) 

399–3547. Those in the security zone 

must comply with all lawful orders or 

directions given to them by the COTP. 

(c) Enforcement. The Captain of the 

Port will enforce the security zone 

described in paragraph (a) of this 

section and may be assisted in the patrol 

and enforcement of the security zone by 

any Federal, State, county, municipal, 

or private agency. 

Dated: July 12, 2022. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2022–15270 Filed 7–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2022–8; Order No. 6224] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is 

acknowledging a recent filing requesting 

the Commission initiate a rulemaking 

proceeding to consider changes to 

analytical principles relating to periodic 

reports (Proposal Two). This document 

informs the public of the filing, invites 

public comment, and takes other 

administrative steps. 

DATES: Comments are due: August 26, 

2022. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at https://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Proposal Two 

III. Notice and Comment 

IV. Ordering Paragraphs 

I. Introduction 

On July 7, 2022, the Postal Service 

filed a petition pursuant to 39 CFR 

3050.11 requesting that the Commission 

initiate a rulemaking proceeding to 

consider changes to analytical 

principles relating to periodic reports.1


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