Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29041 

Little Rock, AR, 235° radials; to Little Rock. 

From Sandhills, NC; INT Sandhills 146° and 

Fayetteville, NC, 267° radials; Fayetteville; to 

Kinston, NC. 

* * * * * 

V–140 [Amended] 

From Panhandle, TX; to Burns Flat, OK. 

From Tulsa, OK; Razorback, AR; Harrison, 

AR; to Walnut Ridge, AR; From Nashville, 

TN; Livingston, TN; to London, KY. From 

Bluefield, WV; INT Bluefield 071° and 

Montebello, VA, 250° radials; Montebello; to 

Casanova, VA. 

* * * * * 

V–278 [Amended] 

From Texico, NM; to Plainview, TX. From 

Bowie, TX; Bonham, TX; Paris, TX; 

Texarkana, AR; to INT Texarkana 088° and El 

Dorado, AR 034° radials; From Greenville, 

MS; Sidon, MS; Bigbee. MS; to Vulcan, AL. 

* * * * * 

V–305 [Amended] 

From El Dorado, AR; Little Rock, AR; to 

Walnut Ridge, AR; From Cunningham, KY; 

Pocket City, IN; INT Pocket City 046° and 

Hoosier, IN, 205° radials; Hoosier; INT 

Hoosier 025° and Brickyard, IN, 185° radials; 

Brickyard; INT Brickyard 038° and Kokomo, 

IN, 182° radials; to Kokomo. 

* * * * * 

V–397 [Removed] 

* * * * * 

Issued in Washington, DC, on May 3, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–09923 Filed 5–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0173] 

RIN 1625–AA00 

Safety Zone; Barge Based Fireworks, 

Hudson River, Wappingers Falls, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a 600-foot 

radius of the fireworks launch site 

which is located on the Hudson River, 

Wappingers Falls, NY, in the vicinity 

south of Crum Elbow. This safety zone 

is needed to protect personnel, vessels, 

and the marine environment from the 

potential hazards during a fireworks 

display on May 28, 2022. Entry of 

vessels or persons into, transiting 

through, mooring, or anchoring within 

this zone are prohibited unless 

authorized by the Captain of the Port 

New York. 

DATES: This rule is effective from 10 

p.m. through 11 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– 

0173 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 S. Stevenson, Waterways 

Management Division, U.S. Coast 

Guard; telephone 719–354–4000, email 

D01-SMB-SecNY-Waterways@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 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 doing 

so would be impracticable and contrary 

to the public interest. The final details 

for this event were not known to the 

Coast Guard until there was insufficient 

time to publish an NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect the public and vessels from the 

hazards associated with a barge based 

fireworks display. The expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of those involved in 

displaying the fireworks, the spectators, 

and users of the waterway during the 

fireworks event. 

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 New York (COTP) 

has determined that potential hazards 

associated with this fireworks display, 

on May 28, 2022, will pose a significant 

risk to public safety and property. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the fallout 

zone immediately before, during, and 

after the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on all navigable waters 

within a 600-foot radius of a barge 

located at approximate position 

41°45′21.06′′ N 73°56′35.94′′ W on the 

Hudson River, Wappingers Falls, NY, in 

the vicinity south of Crum Elbow. No 

vessel or person will be permitted to 

enter the safety zone between 10 p.m. 

through 11 p.m. on May 28, 2022. 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 the duration and time-of-day 

of the safety zone. This safety zone will 

restrict vessel traffic from entering or 

transiting within a 600-foot radius of the 

fireworks launch site which is located 

on the Hudson River, Wappingers Falls, 

NY, in the vicinity south of Crum 

Elbow. The approximate position is 

41°45′21.06′′ N 73°56′35.94′′ W. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHF– 


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29042 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

FM marine channel 16 about the zone, 

and the rule allows vessels to seek 

permission to enter the zone. Vessel 

traffic will be able to safely transit 

around the safety zone which would 

impact a small designated area of the 

Hudson River. Vessel traffic will only be 

restricted in the limited access area for 

1 hour on May 28, 2022. Advance 

public notifications will also be made to 

local mariners through appropriate 

means, which may include Local Notice 

to Mariners and Broadcast Notice to 

Mariners. 

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 safety 

zone lasting only 1 hour that will 

prohibit entry within a 600 foot radius 

of the fireworks launch site. 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 will be 

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.T01–0173 to read as 

follows: 

§ 165.T01–0173 Safety Zone; 2022 Barge 

Based Fireworks, Hudson River, 

Wappingers Falls, NY. 

(a) Location. The safety zone will 

cover all navigable waters within a 600- 

foot radius of the fireworks launch site 

located on the Hudson River, 

Wappingers Falls, NY, approximate 

position 41°45′21.06′′ N 73°56′35.94′′ W, 

in the vicinity south of Crum Elbow. 

(b) Enforcement period. This rule will 

be enforced from 10 p.m. through 11 

p.m. on May 28, 2022. 

(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 

Designated Representative via VHF–FM 

Marine Channel 16 or by contacting the 

Coast Guard Sector New York command 

center at 718–354–4356 or on VHF 16 to 

obtain permission. 

(d) Definitions. As used in this 

section, Designated representative 

means a Coast Guard Patrol 


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Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29043 

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 this section. 

Dated: April 14, 2022. 

M. Sennick, 

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

Port New York. 

[FR Doc. 2022–10208 Filed 5–11–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0245] 

RIN 1625–AA00 

Safety Zone; International Special 

Operations Exercise, Seddon Channel, 

Tampa, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Seddon Channel in Tampa 

Bay, in Tampa, Florida, during the 

International Special Operations 

Exercise. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by airborne and 

waterborne activities occurring during 

the exercise. Persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port (COTP) St. 

Petersburg or a designated 

representative. 

DATES: This rule is effective from 12 

p.m. until 3 p.m., on May 17, 2022, 

through May 18, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0245 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 Marine Science Technician 

Second Class Regina L. Cuevas, Sector 

St. Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Regina.L.Cuevas@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, The primary 

justification for this action is that the 

Coast Guard was given short notice from 

the event sponsor leaving insufficient 

time to publish an NPRM and to receive 

public comments prior to the exercise. 

We must establish a safety zone by May 

17, 2022, to protect the public from 

hazards associated with the 

International Special Operations 

Exercise. 

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 because 

immediate action is needed to respond 

to the potential dangers to the public 

during the exercise. 

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 St. Petersburg 

(COTP) has determined that potential 

hazards associated with the exercise 

will be a safety concern for anyone 

within the exercise area. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during the exercise. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain navigable waters of the Seddon 

Channel from 12 p.m. until 3 p.m., on 

May 17, 2022 through May 18, 2022. 

The safety zone will cover an area of the 

Seddon Channel located in the vicinity 

of the Tampa Convention Center in 

Tampa, Florida. The International 

Special Operations Exercise is expected 

to consist of multiple airborne and 

waterborne activities including: Persons 

fast-roping and jumping out of 

helicopters, high-speed boat pursuits, 

amphibious vehicles operations, and 

blank ammunition use. 

The duration of the zone is intended 

to ensure the safety of the participants, 

spectators, and the general public 

during the scheduled events. No vessel 

or person, not involved in the events, 

will be permitted to enter, transit 

through, anchor in or remain within the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

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 the following reasons: (1) 

The safety zone only being enforced for 

a total of six hours over two days; (2) 

although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the zone without 

authorization from the COTP or a 

designated representative, they may 

operate in the surrounding area during 

the enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the areas 

during the enforcement period if 

authorized by the COTP or a designated 

representative. 


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