Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 11371 

published as final regulations in the 

Federal Register]. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2022–04303 Filed 2–25–22; 11:15 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0026] 

RIN 1625–AA00 

Safety Zone; Lady Liberty Sharkfest 

Swim, Upper New York Harbor, Liberty 

Island, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

navigable waters of Upper New York 

Bay, in the vicinity of Liberty Island, 

within a 100-yard radius of each 

swimmer during the Lady Liberty 

Sharkfest Swim on July 16, 2022. The 

safety zone is needed to protect the 

maritime public and event participants 

from the hazards associated with swim 

events taking place in a high vessel 

traffic area. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port New York 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 March 31, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0026 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 MST1 L. 

Gutierrez, Waterways Management 

Division, U.S. Coast Guard, telephone 

718–354–4352, email D01-SMB-SecNYWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port New York 

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 

The Enviro-Sports Productions Inc. 

notified the Coast Guard that it will be 

conducting the Lady Liberty Sharkfest 

Swim on July 16, 2022, from 7:30 a.m. 

to 8:30 a.m. with approximately 200 

participants and several support vessels. 

Participants will swim between Liberty 

Island, New York and Morris Canal, 

New Jersey. The Captain of the Port 

New York (COTP) has determined that 

swimming events in close proximity to 

marine traffic pose significant risk to 

public safety and property. The 

combination of increased numbers of 

recreation vessels, congested waterways, 

and large numbers of swimmers in the 

water has the potential to result in 

serious injuries or fatalities. In order to 

protect the safety of all waterway users 

including event participants and 

spectators, this proposed rule would 

establish temporary safety zones for the 

duration of the swim event. 

This rule would prevent vessels from 

entering into, transiting through, 

mooring or anchoring within a 100-yard 

radius of each participating swimmer 

during the period of enforcement unless 

authorized by the COTP, or the 

designated representative. 

The purpose of this rulemaking is to 

ensure the safety of vessels, event 

participants and the navigable waters 

within a 100 yard radius of swimmers 

until the conclusion of the scheduled 

swim event. The Coast Guard proposes 

this rulemaking under authority in 46 

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

1231). 

III. Discussion of Proposed Rule 

The Coast Guard is proposing to 

establish a temporary safety zone within 

100 yards of each participants for the 

swim event on the navigable waters of 

the Upper New York Bay located 

between Liberty Island, New York and 

Morris Canal, New Jersey. A portion of 

the navigable waters will be closed 

during the effective period to all vessel 

traffic except patrol crafts. The swim 

event will occur from approximately 

7:30 a.m. until approximately 8:30 a.m. 

on July 16, 2022. In order to coordinate 

the safe movement of vessels within the 

area and to ensure that the area is clear 

of unauthorized persons and vessels 

before, during, and immediately after 

the swim event, this zone will be 

effective from approximately 7 a.m. 

until approximately 10 a.m. on July 16, 

2022. 

Vessels will still be able to transit the 

surrounding area and may be authorized 

to transit through the proposed safety 

zone with the permission from the 

COTP or the designated representative. 

The COTP does not anticipate any 

negative impact on vessel traffic due to 

this proposed safety zone. 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 proposed rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, this proposed rule has not 

been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. The 

Coast Guard’s enforcement of this 

proposed safety zone will be of short 

duration, lasting only 3 hours. The 

proposed safety zone will restrict access 

to only a small portion of the navigable 

waterways of the Upper New York Bay. 

Vessels will be able to navigate around 

the proposed safety zone. Furthermore, 

vessels may be authorized to transit 

through the proposed safety zone with 

the permission of the COTP. The Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the proposed 

rule allows 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 


jspears on DSK121TN23PROD with PROPOSALS1
11372 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 

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 

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 the establishment of a 

safety zone lasting approximately 3 

hours that will prohibit entry within 

100 yards of participating swimmers for 

the Lady Liberty Sharkfest Swim. 

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–2022–0026 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: 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 11373 

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.T01.0026 to read as 

follows: 

§ 165. T01–0026 Safety Zone; Lady Liberty 

Sharkfest Swim, Upper New York Bay, 

Liberty Island, NY 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper New York Harbor, NY within a 

100 yard radius of each participating 

swimmer during the Lady Liberty 

Sharkfest Swim. 

(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 New York (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, no person or vessel may 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 via VHF channel 16 or by 

phone at (718) 354–4353 (Sector New 

York Command Center). 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 a.m. through 10 

a.m. on July 16, 2022. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: February 15, 2022. 

Z. Merchant, 

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

Port New York. 

[FR Doc. 2022–04279 Filed 2–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

RIN 0596–AD44 

Land Uses; Special Uses; Annual 

Programmatic Administrative Fee for 

Communications Use Authorizations; 

Reopening of Comment Period 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The Forest Service (Agency), 

U.S. Department of Agriculture, 

published a proposed rule in the 

Federal Register on December 22, 2021, 

initiating a 60-day comment period on 

the proposed rule to amend existing 

regulations to charge a statutorily 

required annual programmatic 

administrative fee for new and existing 

communications use authorizations to 

cover the costs of administering the 

Agency’s communications use program. 

The comment period for the original 

document closed February 22, 2022. 

The Agency is reopening the comment 

period for an additional 30 days from 

the date of publication of this 

document. 

DATES: The comment period for the 

proposed rule published at 86 FR 72540 

on December 22, 2021, is reopened. 

Comments must be received in writing 

by March 31, 2022. 

ADDRESSES: Comments may be 

submitted via one of the following 

methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. 

2. Mail: Director, Lands & Realty 

Management Staff, 201 14th Street SW, 

Washington, DC 20250–1124. 

3. Hand Delivery: Director, Lands & 

Realty Management Staff, 1st Floor 

Southeast, 201 14th Street SW, 

Washington, DC 20250–1124. 

All timely comments, including 

names and addresses when provided, 

will be placed in the record and will be 

available for public inspection and 

copying. The public may review 

comments at the Office of the Director, 

Lands & Realty Management, 1st Floor 

Southeast, Sidney R. Yates Federal 

Building, 201 14th Street SW, 

Washington, DC, during normal 

business hours. Visitors are encouraged 

to call ahead at 202–205–3563 to 

facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: Joey 

Perry, Lands & Realty Management 

Staff, 530–251–3286, joey.perry@

usda.gov. Individuals who use 

telecommunication devices for the deaf 

and hard of hearing (TDD) may call the 

Federal Relay Service (FRS) at 1–800– 

877–8339, 24 hours per day, every day 

of the year, including holidays. 

SUPPLEMENTARY INFORMATION: The 

proposed rule would amend existing 

regulations to charge a statutorily 

required annual programmatic 

administrative fee for new and existing 

communications use authorizations to 

cover the costs of administering the 

Agency’s communications use program. 

To provide further opportunity for the 

public to comment, the Agency is 

reopening the comment period on the 

proposed rule for an additional 30 days. 

The proposed rule can be found at 

https://www.federalregister.gov/ 

documents/2021/12/22/2021-27681/ 

land-uses-special-uses-annualprogrammatic-administrative-fee-forcommunications-use-authorizations. 

After the comment period closes, the 

Forest Service will consider timely and 

relevant comments in the development 

of the final rule. 

Dated: February 24, 2022. 

Meryl Harrell, 

Deputy Under Secretary, Natural Resources 

& Environment. 

[FR Doc. 2022–04254 Filed 2–24–22; 11:15 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0672; FRL–9558–01– 

R1] 

Air Plan Approval; New Hampshire; 

Boston-Manchester-Portsmouth Area 

Second 10-Year Limited Maintenance 

Plan for 1997 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Clean Air Act 

(CAA), the Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of New 

Hampshire. On July 29, 2021, the State 

submitted its 1997 ozone national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plan (LMP) for the 

Boston-Manchester-Portsmouth 

(Portsmouth) area. EPA is proposing to 

approve the Portsmouth area LMP 

because it provides for the maintenance 

of the 1997 ozone NAAQS through the 

end of the second 10-year portion of the 


jspears on DSK121TN23PROD with PROPOSALS1