Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 34171 

regulated area for the Great Western 

Tube Float, which encompasses 

portions of the Colorado River. Under 

the provisions of § 100.1102, persons 

and vessels are prohibited from entering 

into, transiting through, or anchoring 

within this regulated area unless 

authorized by the Captain of the Port, or 

his designated representative. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in enforcing this regulation. 

In addition to this document in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via the Local Notice to Mariners 

and local advertising by the event 

sponsor. 

If the Captain of the Port Sector San 

Diego or his designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated on this document, he or she may 

use a Broadcast Notice to Mariners or 

other communications coordinated with 

the event sponsor to grant general 

permission to enter the regulated area. 

Dated: June 1, 2022 

T.J. Barelli, 

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

Port San Diego. 

[FR Doc. 2022–12119 Filed 6–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0211] 

RIN 1625–AA00 

Safety Zones; Fireworks, Captain of 

the Port New York Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing five temporary safety zones 

in the Coast Guard Captain of the Port 

(COTP) New York Zone for multiple 

barge based fireworks displays that are 

scheduled to take place in June of 2022. 

During the enforcement times vessels 

will be restricted from portions of 

navigable waters in the vicinity of the 

fireworks displays on the Long Island 

Sound, Hudson River, and Upper New 

York Bay. The establishment of these 

safety zones is necessary to protect 

event participants, waterway users, and 

vessels, from the potential hazards 

associated with these scheduled events. 

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

on June 18, 2022, through 11 p.m. on 

June 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– 

0211 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 J. Kurian, Waterways 

Management Division, U.S. Coast 

Guard; telephone 718–354–4000, 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 details of 

these events were not known to the 

Coast Guard until there was insufficient 

time to publish an NPRM. Delaying the 

effective date of this rule to wait for a 

comment period to run would be 

impracticable and contrary to the public 

interest because it would inhibit the 

Coast Guard’s ability to protect the 

public and vessels from the hazards 

associated with barge based fireworks 

displays. The expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of event participants, 

spectators, waterway users, and 

surrounding vessels. 

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 

the safety zones must be enforced for 

the fireworks displays in June of 2022, 

to mitigate the potential safety hazards 

associated with these events. 

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 barge based fireworks 

displays 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 displays. 

IV. Discussion of the Rule 

This rule establishes five temporary 

safety zones, which will be enforced for 

a relatively short duration, on various 

days throughout June of 2022 as 

described below. Each event and its 

corresponding enforcement dates and 

locations are described below. 

(1) Jersey City, Hudson River, Safety 

Zone Launch site: A barge located on 

the Hudson River, in approximate 

position 40°41′08′′ N, 74°04′10′′ W, 

approximately 100 yards east of Caven 

Point. This safety zone is a 90-yard 

radius from the barge and will be 

enforced on June 18, 2022, from 9 p.m. 

until 10 p.m. 

(2) Big Rock Point, Hudson River, 

Safety Zone Launch site: A barge or 

floating platform located on the Hudson 

River, in approximate position 

41°53′50′′ N, 73°57′49′′ W, 

approximately 500 yards north of Big 

Rock Point. This safety zone is a 360- 

yard radius from the barge and will be 

enforced on June 25, 2022, from 9:30 

p.m. until 11 p.m. 

(3) Governors Island, Upper New York 

Bay, Safety Zone Launch site: A barge 

located on the Upper New York Bay, 

from approximate position 40°41′25′′ N, 

74°01′34′′ W, approximately 365 yards 

west of Governors Island. This safety 

zone is a 360-yard radius from the barge 

and will be enforced on June 26, 2022, 

from 9:30 p.m. until 11 p.m. 

(4) Little Neck Bay, Long Island 

Sound, Safety Zone Launch site: Two 

barges located on Little Neck Bay on the 

Long Island Sound in approximate 

position 40°47′38′′ N, 073°46′13′′ W, 

approximately 300 yards east of Fort 

Totten Park. This safety zone is a 360- 

yard radius from the barge and will be 

enforced on June 28, 2022, from 9 p.m. 

until 10 p.m. 


lotter on DSK11XQN23PROD with RULES1
34172 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 

Based on the size and location of each 

zone, vessels may be able to safely 

transit around each safety zone in many 

cases, therefore impact to vessel traffic 

is minimal. The enforcement of the 

zones are intended to protect event 

participants, vessels and surrounding 

vessels in these navigable waters during 

these events. No vessel or person will be 

permitted to enter the safety zones 

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 duration and time-of-day 

and location of the safety zones. These 

safety zones will restrict vessel traffic 

from entering or transiting within a 

relatively small area of navigable waters 

within the Captain of the Port New York 

Zone, immediately surrounding each 

fireworks barge launch sites. Moreover, 

the Coast Guard will issue Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

allows the vessels to seek permissions to 

enter the zones. 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 the 

establishment of five safety zones, 

which will prohibit entry within a 360- 

yard radius or less from the fireworks 

launch. 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: 


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Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 34173 

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.T01–0211 to read as 

follows: 

§ 165.T01–0211 Safety Zones; Fireworks, 

Captain of the Port New York Zone. 

The Coast Guard is establishing 

temporary safety zones for the events 

listed in Table 1 of this section. The 

regulations in this section will be 

enforced for the duration of each event, 

on or about the dates and times 

indicated in Table 1 of this section. 

(a) Regulations. Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in Table 1 of this section 

unless authorized by the COTP or the 

COTP’s Designated Representative. 

(1) 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 to obtain 

permission. 

(2) Information broadcasts. If there are 

any changes to the enforcement times as 

listed in this section, the Captain of the 

Port New York will notify the public of 

the updated enforcement times through 

a Broadcast Notice to Mariners and or 

the Local Notice to Mariners. 

(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 this section. 

TABLE 1 TO § 165.T01–0211 

Event Location1 Enforcement date and time 

1. Jersey City, Hudson 

River, Safety Zone.

Launch site: A barge located on the Hudson River, in approximate position 

40°41′08′′ N, 74°04′10′′ W, approximately 100 yards east of Caven Point. This 

Safety Zone is a 90-yard radius from the barge.

June 18, 2022, from 9 p.m. 

until 10 p.m. 

2. Big Rock Point, Hudson 

River, Safety Zone.

Launch site: A barge or floating platform located on the Hudson River, in approximate position 41°53′50′′ N, 73°57′49′′ W, approximately 500 yards north of Big 

Rock Point. This Safety Zone is a 360-yard radius from the barge.

June 25, 2022, from 9:30 

p.m. until 11 p.m. 

3. Governors Island, Upper 

New York Bay, Safety 

Zone.

Launch site: A barge located on the Upper New York Bay, from approximate position 40°41′25′′ N, 74°01′34′′ W, approximately 365 yards west of Governors Island. This Safety Zone is a 360-yard radius from the barge.June 26, 2022, from 9:30 

p.m. until 11 p.m. 

4. Little Neck Bay, Long Island Sound, Safety Zone.Launch site: Two barges located on Little Neck Bay on the Long Island Sound in 

approximate position 40°47′38′′ N, 073°46′13′′ W, approximately 300 yards east 

of Fort Totten Park. This Safety Zone is a 360-yard radius from the barge.

June 28, 2022, from 9 p.m. 

until 10 p.m. 

1All coordinates listed in Table 1 to § 165.T01–0211 reference Datum NAD 1983. 

Dated: May 31, 2022. 

Z. Merchant, 

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

Port New York. 

[FR Doc. 2022–12055 Filed 6–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0453] 

RIN 1625–AA00 

Safety Zone; Portal Bridge, 

Hackensack River, Kearny, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Hackensack 

River, within a 100-yard radius of the 

center of the Portal Bridge at mile 5.0 

over the Hackensack River, Kearny, New 

Jersey, including the East and West 

navigational channels. The safety zone 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the cross 

channel repair work on the submarine 

cables. Entry of vessels or persons into 

this zone during the enforcement 

periods is prohibited unless specifically 

authorized by the Captain of the Port 

New York or a designated 

representative. 

DATES: This rule is effective without 

actual notice from June 6, 2022 through 

11:59 p.m., September 2, 2022. For the 

purposes of enforcement, actual notice 

will be used from 7 a.m., June 1, 2022 

until June 6, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0453 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 proposed 

rulemaking, call or email MST1 Jaison 

Kurian, Waterways Management 

Division, U.S. Coast Guard, telephone 

718–354–4000, email Jaison.Kurian@

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 

On April 16, 2022, a barge being 

transported along the Hackensack River 

collided with the East Fender of the 

Portal Bridge, resulting in the East 

Fender being severely damaged, and 

rendering the East Navigation Channel 

closed to maritime traffic. During the 

subsequent site inspection it was 

discovered that a large portion of the 

fender debris became caught on an 

existing submarine cable. This existing 

submarine cable crosses both the East 

and West Navigation Channels and 

facilitates the rail-return path for a 

section of the NEC track circuit. 

Opening any portion of the Portal 

Bridge before repairs to the submarine 

cables are complete, could result in the 

Portal Bridge being inoperable for an 

extended length of time. The 

enforcement of the safety zone enables 

the submarine cable repairs are 

completed in a timely manner. 


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