Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 34781 

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 special local 

regulation is a moving limited access 

area that follows the participants of the 

parade as they transit the parade route 

between MM 6 through MM 1. All 

spectator vessels and vessels not 

participating in this parade will not be 

allowed to transit within a 50 yard 

radius surrounding the area that 

includes vessels at the front of the 

parade extending to the vessels 

transiting at the end of the parade. It is 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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 100 

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C 70041; 33 CFR1.05– 

1. 

■ 2. Add § 100.T08–0444 to read as 

follows: 

§ 100.T08–0444 Special Local Regulation; 

Lake of the Ozarks MM 1–6, Lake Ozark, 

MO. 

(a) Regulated areas. All waters on the 

Lake of the Ozarks within MM 6 

through MM 1. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Captain of the Port Sector Upper 

Mississippi River (COTP). 

(2) Participant means all persons and 

vessels participating in The World’s 

Largest Boat Parade under the auspices 

of the Marine Event Permit issued to the 

sponsor approved by the COTP. 

(3) Spectator means all persons and 

vessels not registered with the event 

sponsor as participants or official patrol 

who are present on the water to observe 

the event. 

(c) Special local regulations. (1) The 

World’s Largest Boat Parade will occur 

on June 10, 2022 from 10:30 a.m. 

through 1 p.m. on the Lake of the 

Ozarks from MM 6 through MM 1. This 

special local regulation is a moving 

limited access area that follows the 

participants of the parade as they transit 

the parade route between MM 6 through 

MM 1. All spectator vessels and vessels 

not participating in this parade will not 

be allowed to transit within a 50 yard 

radius surrounding the area that 

includes vessels at the front of the 

parade extending to the vessels 

transiting at the end of the parade. 

Vessels other than spectator vessels and 

those directly involved in the event will 

only be allowed to safely transit the 

regulated area when the Coast Guard 

Patrol Commander has deemed it safe to 

do so. No vessel or person will be 

permitted to enter the area without 

obtaining permission from the COTP or 

a designated representative. 

(2) The Coast Guard Patrol 

Commander may forbid and control the 

movement of all vessels and persons in 

the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel or person in the regulated area 

shall immediately comply with the 

directions given. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(3) The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any participant in the 

event, at any time it is deemed 

necessary for the protection of life or 

property. 

(4) All Coast Guard vessels enforcing 

this regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(5) Only participants and official 

patrol vessels are allowed to enter the 

parade route area. 

Dated: June 3, 2022. 

R.M. Scott, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2022–12325 Filed 6–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0330] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; effective 

date extension and request for comment. 

SUMMARY: The Coast Guard is is 

extending the duration of a temporary 

safety zone on certain waters of the 

Potomac River. This action is necessary 

to provide for the safety of persons, and 

the marine environment from the 

potential safety hazards associated with 

construction operations at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge, through July 1, 2022. 

This rule prohibits persons and vessels 

from being in the safety zone unless 

authorized by the Captain of the Port, 

Maryland-National Capital Region or a 

designated representative. 

DATES: The effective period of 33 CFR 

165.T05–0330, published at 87 FR 

28776 on May 11, 2022, which was set 

to expire at 8 p.m. on June 18, 2022, is 

extended through 8 p.m. on July 1, 

2022. 


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34782 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 

Comments and related material must 

be received on or before June 21, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0330 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 Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

2674, email Ronald.L.Houck@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 

§ Section 

TFR Temporary Final Rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 11, 2022, the Coast Guard 

issued a final rule establishing a 

temporary safety zone on certain 

navigable waters of the Potomac River to 

protect persons and vessels during 

critical operations requiring a large 

crane within the federal navigation 

channel to lift and set 250-ton pier 

protection fender ring precast segments 

adjacent to the federal navigation 

channel at the new Governor Harry W. 

Nice/Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge (87 FR 

28776). The original rule runs through 

8 p.m. on June 18, 2022. However, 

additional time is needed to conduct the 

critical heavy lift operations, and, as a 

result, the Coast Guard needs to extend 

the safety zone through 8 p.m. on July 

1, 2022. 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 Coast Guard 

was unable to publish an NPRM and 

hold a reasonable comment period for 

this rulemaking due to the emergent 

nature of the continuing critical bridge 

construction operations and required 

publication of this extension. Immediate 

action is needed to continue to protect 

persons and vessels from the hazards 

associated with carrying out large crane 

heavy lifts at the new Governor Harry 

W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge 

that must occur within the federal 

navigation channel. It is impracticable 

and contrary to the public interest to 

publish an NPRM, because the 

extension needs to be in place by June 

18, 2022. However, the Coast Guard is 

providing an opportunity to comment 

while the rule is in effect and may 

amend the rule after it becomes 

effective, if necessary. 

We are issuing this rule under 5 

U.S.C. 553(d)(3), and in accordance with 

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 continue to respond 

to the potential safety hazards 

associated with construction operations 

at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge to be 

conducted within the federal navigation 

channel. 

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 

has determined there are potential 

hazards associated with critical bridge 

construction operations. The work is a 

safety concern for anyone within the 

federal navigation channel at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge construction site. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the bridge is being 

constructed. 

IV. Discussion of the Rule 

This rule extends the effective dates 

of an established safety zone, originally 

effective May 16, 2022 through 8 p.m. 

on June 18, 2022, through 8 p.m. on July 

1, 2022. This extension makes no other 

changes to the original rule other than 

the end effective date. The safety zone 

includes all navigable waters of the 

Potomac River encompassed by a line 

connecting the following points 

beginning at 38°21′50.96′′ N, 

076°59′22.04′′ W, thence south to 

38°21′43.08′′ N, 076°59′20.55′′ W, thence 

west to 38°21′41.00′′ N, 076°59′34.90′′ 

W, thence north to 38°21′48.90′′ N, 

076°59′36.80′′ W, and east back to the 

beginning point located between 

Charles County, MD and King George 

County, VA. The zone is approximately 

450 yards in width and 270 yards in 

length. The extended duration of the 

zone is intended to protect personnel 

and the marine environment in these 

navigable waters while pier protection 

fender ring precast segments are lifted 

and set at the new Governor Harry W. 

Nice/Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge. Except for 

marine equipment and vessels operated 

by Skanska-Corman-McLean, Joint 

Venture, or its subcontractors, no vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP MarylandNational Capital Region or a designated 

representative. 

The COTP will notify the public that 

the safety zone will be enforced by all 

appropriate means to the affected 

segments of the public, as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification will also include, 

but are not limited to, Broadcast Notice 

to Mariners. Vessels or persons violating 

this rule are subject to the penalties set 

forth in 46 U.S.C. 70036 (previously 

codified in 33 U.S.C. 1232) and 46 

U.S.C. 70052 (previously codified in 50 

U.S.C. 192). 

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 size of the safety zone. The 

temporary safety zone is approximately 

450 yards in width and 270 yards in 

length. This safety zone will impact a 

small designated area of the Potomac 

River for 13 days, but we anticipate that 

there will be no vessels that are unable 

to conduct business. Excursion vessels 

and commercial fishing vessels are not 


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Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 34783 

impacted by this rulemaking. Excursion 

vessels do not operate in this area, and 

commercial fishing vessels are not 

impacted because of their draft. Some 

towing vessels may be impacted, but 

bridge project personnel have been 

conducting outreach throughout the 

project in order to coordinate with those 

vessels. Vessel traffic, including 

recreational vessels, not required to use 

the navigation channel will be able to 

safely transit around the safety zone. 

Such vessels may be able to transit to 

the east or the west of the federal 

navigation channel, as similar vertical 

clearance and water depth exist under 

the next bridge span to the east and 

west. Moreover, the Coast Guard will 

issue Local Notices to Mariners and a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about 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 received no 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 

temporary 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 

temporary safety zone lasting 13 total 

days that will prohibit entry within a 

portion of the Potomac River. 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. 

VI. 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–2022–0330 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 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 


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34784 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 

we will only post comments that 

address the topic of the 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 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. In § 165.T05–0330, revise paragraph 

(e) to read as follows: 

§ 165.T05–0330 Safety Zone; Potomac 

River, Between Charles County, MD and 

King George County, VA. 

* * * * * 

(e) Enforcement period. The section 

will be enforced from 7 a.m. on May 16, 

2022, through 8 p.m. on July 1, 2022. 

Dated: June 3, 2022. 

David E. O’Connell, 

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

Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2022–12319 Filed 6–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0442] 

RIN 1625–AA00 

Safety Zone; City of Oswego 

Fireworks; Oswego River; Oswego, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 300-foot 

radius of bridge launched fireworks over 

Oswego River in Oswego, NY. The 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Buffalo or a designated representative. 

DATES: This rule is effective from 9:15 

p.m. through 10:45 p.m. on July 3, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0442 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 MST2 Anthony Urbana, Sector 

Buffalo, U.S. Coast Guard; telephone 

716–843–9342, email D09-SMBSECBuffalo-WWM@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 the 

event sponsor did not submit notice of 

the fireworks display to the Coast Guard 

with sufficient time remaining before 

the event to publish an NPRM and 

immediate action is necessary to protect 

personnel, vessels, and the marine 

environment in the Oswego River. It is 

impracticable to public a NPRM because 

we must establish this safety zone by 

July 03, 2022. 

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. For the same reasons 

discussed in the preceding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable because 

immediate action is necessary to protect 

personnel, vessels, and the marine 

environment during the fireworks 

display. 

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 (COTP) Buffalo has 

determined that fireworks over the 

water presents significant risks to public 

safety and property within a 300-foot 

radius of the launch point. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the fireworks display is taking 

place. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:15 p.m. through 10:45 p.m. on 

July 03, 2022. The safety zone will cover 

all navigable waters within a 300-foot 

radius of bridge launched fireworks over 

Oswego River in Oswego, NY. The zone 

is intended to protect spectators, 

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 Buffalo 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 characteristics of the 

safety zone. The safety zone will 

encompass a 300-foot radius from the 

bridge-launched fireworks in the 

Oswego River in Oswego, NY, with the 

event lasting approxiamately 1.5 hours 


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