30802 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

Guard Sector New York command 

center at (718) 354–4356 or on VHF 16 

to obtain permission. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the designated representative. 

(d) Enforcement period. This section 

will be enforced from 10 a.m. through 

4 p.m. on August 6, 2022. 

(e) Information broadcasts. The COTP 

or the designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: May 16, 2022. 

Z. Merchant, 

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

Port New York. 

[FR Doc. 2022–10845 Filed 5–19–22; 8:45 am] 

BILLING CODE 9110–04–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, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters 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. 

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

until 10 a.m. on July 16, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0026 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 L. Gutierrez, Waterways 

Management Division, U.S. Coast 

Guard; telephone 718–354–4352, email 

D01-SMB-SecNY-Waterways@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 event sponsor 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. In 

response, on March 1, 2022, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Lady Liberty Sharkfest Swim, Upper 

New York Harbor, Liberty Island, NY’’ 

(87 FR 11371). There we stated why we 

issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this marine event. 

During the comment period that ended 

March 31, 2022, we received one 

comment. 

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 swim events occurring 

in high traffic areas of the Upper New 

York Harbor on July 16, 2022, will be a 

safety concern for anyone within a 100- 

yard radius of swimmers. The purpose 

of this rule is to protect maritime public 

and event participants from the hazards 

associated with the swim event until the 

conclusion of the event. 

IV. Discussion of the Rule 

As noted above, we received one 

comment on our NPRM published 

March 1, 2022. This comment was in 

support of the rule. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This rule establishes a temporary 

safety zone within 100 yards of each 

participant 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 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 safety zone. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive order 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. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the Upper New York Harbor in vicinity 

of Ellis and Liberty Islands for 3 hours 

and during a time of day when vessel 

traffic is normally low. Moreover, the 

Coast Guard will issue Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 about the zone and the 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 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30803 

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 received zero 

comments from the Small Business 

Administration on this rulemaking. 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 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. 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 

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 approximately 3 hours that 

will prohibit entry within 100 yards of 

participating swimmers for the Lady 

Liberty Sharkfest Swim. 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 

for Categorically Excluded Actions is 

available in the docket where indicated 

under ADDRESSES. 

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 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.T01–0026 to read as 

follows: 

§ 165.T01–0026 Safety Zone; Lady Liberty 

Sharkfest Swim, Upper New York Harbor, 

Liberty Island NY. 

(a) Location. The following area is a 

safety zone: All waters of the Upper 

New York Harbor, from surface to 

bottom, 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, 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 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. 


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30804 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

(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: May 16, 2022. 

Z. Merchant, 

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

Port, New York. 

[FR Doc. 2022–10846 Filed 5–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0386] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for a recurring marine event. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during this event. 

During the enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or a designated representative. 

DATES: The regulations listed in 33 CFR 

165.939 as listed in Table 165.939(c)(1) 

will be enforced from 7:15 a.m. through 

1:15 p.m. on August 13, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT Jared Stevens, Waterways 

Management Division, U.S. Coast Guard 

Marine Safety Unit Cleveland; 

telephone (216) 937–0124, email D09- 

SMB-MSUCLEVELAND-WWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939, 

Table 165.939(c)(1) for the Whiskey 

Island Paddlefest in Cleveland, OH. on 

all U.S. waters of Lake Erie; Cleveland 

Harbor, from 41°29′59.5′′ N and 

081°42′59.3′′ W to 41°30′4.4′′ N and 

081°42′44.5′′ W to 41°30′17.3′′ N and 

081°43′0.6′′ W to 41°30′9.4′′ N and 

081°43′2.0′′ W to 41°29′54.9′′ N and 

081°43′34.4′′ W to 41°30′0.1′′ N and 

081°43′3.1′′ W and back to 41°29′59.5′′ N 

and 081°42′59.3′′ W (NAD 83) from 7:15 

a.m. through 1:15 p.m. on August 13, 

2022. The scheduled date of zone 

enforcement differs from that published 

in 33 CFR 165.939 in order to 

accommodate the sponsoring 

organization’s priority to better align 

their event schedule with co-occurring 

special local events, other paddle races 

taking place in the Great Lakes region, 

and to ensure availability of the 

personnel and material resources 

required. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of the Port Buffalo via channel 

16, VHF–FM. Vessels and persons 

granted permission to enter the safety 

zone shall obey the directions of the 

Captain of the Port Buffalo or a 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552 (a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the respective safety zone. 

Dated: May 10, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–10908 Filed 5–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0140] 

RIN 1625–AA00 

Safety Zone; Columbia River, 

Vancouver, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Columbia River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Vancouver, WA during a 

high-speed hydroplane boat testing 

event on May 20, 2022. This regulation 

prohibits persons and vessels from 

being in the safety zone unless 

authorized by the Captain of the Port 

Columbia River or a designated 

representative. 

DATES: This rule is effective from 8:30 

a.m. to 3:30 p.m. on May 20, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0140 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 Lieutenant Sean Murphy, 

Waterways Management Division, 

Marine Safety Unit Portland, Coast 

Guard; telephone 503–240–9319, email 

D13-SMB-MSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Columbia River 

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 January 19, 2022, the H1 

Unlimited notified the Coast Guard that 

it will be conducting a hydroplane 

testing event from 9 a.m. to 3 p.m. on 

May 20, 2022. The hydroplane event 

will consist of individual testing of 10 

hydroplane vessels in between the I–5 

and I–205 bridges on the Columbia 

River. The Captain of the Port Columbia 

(COTP) has determined that potential 

hazards associated with the high-speed 

hydroplane boat testing would be a 

safety concern for anyone within the 

regulated area. 

In response, on March 30, 2022 the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Columbia River, 

Vancouver, WA (87 FR 18757). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

fireworks display. During the comment 


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