Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27945 

6 in the table to 33 CFR 165.943 from 

9 p.m. through 11 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 regulation for 

marine events within the Ninth Coast 

Guard District, § 165.943, specifies the 

location of the safety zone for the 

LaPointe Fireworks, which encompasses 

all waters of Lake Superior in LaPointe, 

WI, within the arc of a circle with a 350- 

foot radius from the fireworks launch 

site with its center in position 46°46′40′′ 

N, 090°47′22′′ W. During the 

enforcement periods, as reflected in 

§ 165.943(c), if you are the operator of 

a vessel in the safety zone, you must 

comply with directions from the 

Captain of the Port Duluth, or her onscene representative. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or their designated on-scene 

representative. The Captain of the Port’s 

designated on-scene representative may 

be contacted via VHF Channel 16. In 

addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via a Broadcast Notice to Mariners. 

Dated: April 26, 2022. 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2022–10005 Filed 5–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0281] 

RIN 1625–AA00 

Safety Zone; Celebrate Our Stars and 

Stripes Fireworks, Raritan Bay, Perth 

Amboy, NJ 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Raritan Bay near 

Perth Amboy, NJ, for a fireworks 

display. This temporary safety zone is 

necessary to protect spectators and 

vessel from the hazards associated with 

the fireworks display. This rule is 

intended to restrict all vessels from a 

portion of Raritan Bay during the 

fireworks unless authorized by the 

Captain of the Port (COTP) New York or 

a designated representative. 

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

on July 2, 2022, until 10 p.m. on July 3, 

2022. This rule will be enforced either 

on July 2, 2022, from 9 p.m. to 10 p.m. 

or on July 3, 2022, from 9 p.m. to 10 

p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0281 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 MST1 Gutierrez, Lizette, U.S. 

Coast Guard; telephone (718) 354–4154, 

email D01-SMB-SecNY-Waterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 the 

event sponsor was late in submitting the 

marine event application. This late 

submission did not give the Coast Guard 

enough time to publish an NPRM 

followed by a final rule before the 

effective date thus making it 

impracticable to publish an NPRM. The 

event sponsor advised that the event is 

in correlation with a festival bringing 

together Perth Amboy and South 

Amboy, NJ, to honor Independence Day. 

Any change to the date of the event 

would cause economic hardship on the 

event sponsor, negatively impacting 

other activities being held in 

conjunction with the event. 

The location of the event is centrally 

located between both Perth Amboy and 

South Amboy which is more 

advantageous for the event spectators 

and sponsors. In addition it has less of 

an impact on vessel traffic within 

Raritan Bay because the location is out 

of the major shipping lanes. 

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 COTP 

New York has determined this 

temporary safety zone is necessary to 

ensure the safety of spectators and 

vessels from the hazards associated with 

the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the waters of Raritan Bay 

near Perth Amboy, NJ, for a fireworks 

event on July 2, 2022. If the event is 

unable to happen on July 2, 2022, due 

to inclement weather, the fireworks 

event will instead occur on July 3, 2022. 

All persons and vessels shall comply 

with the instruction of the COTP New 

York or a designated representative 

during the enforcement of the temporary 

safety zone. Entering into, transiting 

through, or anchoring within the 

temporary safety zone is prohibited 

unless authorized by the COTP New 

York or a designated representative. 

Based on the inherent hazards 

associated with fireworks, the COTP 

New York has determined that fireworks 

launches in close proximity to water 

crafts pose a significant risk to public 

safety and property. The combination of 

increased number of recreational 

vessels, congested waterways, darkness 

punctuated by bright flashes of light, 

and debris, especially burning debris 

falling on passing or spectator vessels, 

has the potential to result in serious 

injuries or fatalities. This temporary 

safety zone will restrict vessels from a 

portion of Raritan Bay around the 

location of the fireworks launch 

platform before, during and 

immediately after the fireworks display. 

The Coast Guard determined that this 

regulated area will not have significant 

impact on vessel traffic due to its 

temporary nature and limited size and 

the fact that vessels are allowed to 

transit the navigable waters outside of 

the regulated area. 

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 


lotter on DSK11XQN23PROD with RULES1
27946 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 

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). 

The Coast Guard’s implementation of 

this temporary safety zone will be of 

short duration and is designed to 

minimize the impact to vessel traffic on 

the navigable waters. This temporary 

safety zone will only be enforced for 

approximately 60 minutes. Due to the 

location, vessels will be able to transit 

around the safety zone in a safe manner. 

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 

establishment of a temporary safety 

zone lasting only 1 hour that will 

prohibit entry within a 300-yard radius 

of the fireworks barges located in 

approximate position 40°29′28′′ N, 

074°15′45′′ W. 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 AREA 

■ 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.T01–0281 to read as 

follows: 

§ 165.T01–0281 Safety Zone; Raritan Bay, 

Perth Amboy, NJ. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Raritan Bay within a 300-yard radius of 

the fireworks barge located in 

approximate position 40°29′28′′ N, 

074°15′45′′ W, in the vicinity of Perth 

Amboy, NJ, approximately 1,110 yards 

southeast of Ferry Point, Perth Amboy, 

NJ. 

(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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27947 

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, 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, 

contact the COTP or the COTP’s 

representative via VHF channel 16 or 

718–354–4154 (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. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or a designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashlight 

or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(4) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

transit of the event participants or 

official patrol vessels in the regulated 

areas during the effective dates and 

times unless authorized by COTP or 

designated representative. 

(5) The COTP or designated 

representative may delay or terminate 

any marine event in this subpart at any 

time if it is deemed necessary to ensure 

the safety of life or property. 

(d) Enforcement period. This section 

will be subject to enforcement on either 

July 2, 2022, from 9 p.m. to 10 p.m. or 

on July 3, 2022, from 9 p.m. through 10 

p.m. 

Dated: May 4, 2022. 

Z.E. Merchant, 

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

Port, New York. 

[FR Doc. 2022–10008 Filed 5–9–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0184] 

RIN 1625–AA00 

Safety Zone; Graduate Boat Parade, 

Sturgeon Bay, WI 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Sturgeon Bay, WI. This 

action is necessary to provide for the 

safety of life on these navigable waters 

during the boat parade for the Graduates 

of Sturgeon Bay High School on May 28, 

2022. This rulemaking will restrict 

usage by persons and vessels within the 

safety zone. At no time during the 

effective period may non-parade vessels 

transit the waters of Sturgeon Bay 

between the Highway 42 Bridge and 

Michigan Street Bridge. These 

restrictions will apply to all vessels 

during the effective period unless 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. 

DATES: This rule is effective from 11:00 

a.m. through 2:00 p.m. on May 28, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0184 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 about this 

rulemaking, call or email Chief Petty 

Officer Jeromy Sherrill, Sector Lake 

Michigan Waterways Management 

Division, U.S. Coast Guard; telephone 

414–747–7148, email 

Jeromy.N.Sherrill@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 

On March 9, 2022, the principal of 

Sturgeon Bay High School notified the 

Coast Guard that it will be conducting 

a boat parade for graduates of the Class 

of 2022 on May 28, 2022, from 11:00 

a.m. through 2:00 p.m. The boat parade 

will begin at Madelyn Marine, NW of 

Highway 42 bridge, proceed NW to the 

Michigan Street Bridge, cross the 

channel towards the Maritime Museum, 

then proceed SE, crossing back across 

the channel and ending at Madelyn 

Marine. The Captain of the Port Sector 

Lake Michigan (COTP) has determined 

that potential hazards associated with 

the boat parade would be a safety 

concern for anyone within the safety 

zone that is not participating in the boat 

parade. 

In response, on March 22, 2022, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone; Graduate Boat Parade, 

Sturgeon Bay, WI’’ (87 FR 16129). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

fireworks display. During the comment 

period that ended April 6, 2022, we 

received 0 comments. 

III. Legal Authority and Need for Rule 

The Captain of the Port Sector Lake 

Michigan (COTP) has determined that 

potential hazards associated with the 

boat parade would be a safety concern 

for anyone within the safety zone that 

is not participating in the boat parade. 

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 Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

March 22, 2022. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a safety zone 

from 11:00 a.m. through 2:00 p.m. on 

May 28, 2022. The safety zone would 

cover all navigable waters of Sturgeon 

Bay between the Highway 42 Bridge and 

Michigan Street Bridge. The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the boat parade 

event. No vessels or person would be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text appears at the end 

of this document. 

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 


lotter on DSK11XQN23PROD with RULES1