37738 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

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 4 days that will prohibit 

entry within a 100-yard radius of the 

Spokane Street Bridge Light List 

Number 16870.1 to ensure the safety of 

all vessels navigating in the vicinity of 

inspection and repair work on the 

Spokane Street Bridge. 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 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.T13–0477 to read as 

follows: 

§ 165.T13–0477 Safety Zone; Spokane 

Street Bridge; Duwamish Waterway, Seattle, 

WA. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

a 100-yard radius of the Spokane Street 

Bridge Light List Number 16870.1 on 

the Duwamish Waterway to ensure the 

safety of all vessels navigating in the 

vicinity of inspection and repair work 

on the Spokane Street Bridge. 

(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 Puget Sound in the enforcement 

of the safety zone. 

(c) Regulations. In accordance with 

the general regulations in part 165, 

subpart C, no persons or vessels may 

enter or remain in the safety zone 

created in this unless authorized by the 

Captain of the Port or their designated 

representative. For permission to enter 

the safety zone, contact the on-scene 

designated representative or Joint 

Harbor Operations Center via VHF CH16 

or at 206–217–6002. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the 

Captain of the Port or their designated 

representative. 

(d) Enforcement periods. This section 

will be subject to enforcement from 11 

p.m. on June 24, 2022 until 7 a.m. on 

June 25, 2022; 11 p.m. on July 8, 2022 

until 7 a.m. on July 9, 2022; 11 p.m. on 

September 23, 2022 until 7 a.m. on 

September 24, 2022; and 11 p.m. on 

September 29, 2022 until 7 a.m. on 

September 30, 2022. 

Dated: June 17, 2022. 

P.M. Hilbert, 

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

Port Puget Sound. 

[FR Doc. 2022–13500 Filed 6–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0497] 

RIN 1625–AA00 

Safety Zone; Lake of the Ozarks, Mile 

Marker 42.5 Lake of the Ozarks, MO; 

Lake of the Ozarks, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 200-yard 

radius of a fireworks launch barge at 

mile maker (MM) 42.5 on the Lake of 

the Ozarks. The safety zone is to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the fireworks display. Entry 

of vessels or persons into the zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River or a 

designated representative. 

DATES: This rule is effective on July 1, 

2022 from 9:30 p.m. through 10:30 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– 

0497 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 Commander Stephanie 

Moore, Sector Upper Mississippi River 

Waterways Management Division, U.S. 

Coast Guard; telephone 314–269–2560, 

email Stephanie.R.Moore@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 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 37739 

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 we 

must establish this safety zone by July 

1, 2022 and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

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 Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the fireworks display on 

July 1, 2022 will be a safety concern for 

anyone on the Lake of the Ozarks at the 

designated launch location. This rule 

resulted from a marine event 

notification stating that there will be a 

fireworks display on the Lake of the 

Ozarks. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone before, during, 

and after the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:30 p.m. until 10:30 p.m. on July 

1, 2022. The safety zone will cover all 

navigable waters within a 200 yard 

radius of a fireworks launch barge 

located at MM 42.5 on the Lake of the 

Ozarks. The duration of this zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters before, during, and 

after 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. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Upper Mississippi River. The COTP or 

a designated representative will inform 

the public of the enforcement date and 

times for these safety zones, as well as 

any emergent safety concerns that may 

delay the enforcement of the zones. 

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 on size, location, and 

duration of the temporary safety zones. 

This action involves a fireworks display 

at MM 42.5 on the Lake of the Ozarks 

on July 1, 2022. Moreover, the Coast 

Guard will publish a Local Notice to 

Mariners and mariners may seek 

permission to enter the zones. 

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 


jspears on DSK121TN23PROD with RULES1
37740 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

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 200 yard radius 

of a fireworks launch barge. It is 

categorically excluded from further 

review under paragraph L60a 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 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. 0170.1. 

■ 2. Add § 165.T08–0497 to read as 

follows: 

§ 165.T08–0497 Safety Zones; Lake of the 

Ozarks, Mile Marker 42.5, Lake of the 

Ozarks, MO. 

(a) Location.all navigable waters 

extending 200 yards in all directions 

around a fireworks launch barge at mile 

marker (MM) 42.5 on the Lake of the 

Ozarks on July 1, 2022 from 9:30 p.m. 

until 10:30 p.m. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, persons and vessels are 

prohibited from entering the safety zone 

unless authorized by the Captain of the 

Port Sector Upper Mississippi River 

(COTP) or a designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Upper Mississippi River. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF radio Channel 16 or 

by telephone at 314–269–2332. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative while 

navigating in the regulated area. 

(c) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the zone through either 

a Safety Marine Information Broadcast 

(SMIB), Broadcast Notice to Mariners 

(BNM) and or the Local Notices to 

Mariners (LNMs). 

Dated: June 16, 2022. 

R.M. Scott, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2022–13393 Filed 6–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–USCG–0413] 

RIN 1625–AA00 

Safety Zone; Henderson Harbor, 

Henderson Harbor, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 150-yard 

radius of the Henderson Harbor 

Triathlon Swim Event. The safety zone 

is needed to protect competitors 

participating in the swim portion of the 

triathlon from any vessel traffic or other 

potential hazards that could otherwise 

enter into the swim area. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Buffalo. 

DATES: This rule is effective from 8 a.m. 

through 11:30 a.m. on July 9, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG– 

USCG–0413 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 LT Justin Miller, U.S. Coast Guard 

Sector Buffalo; telephone 716–843– 

9322, email D09-SMB-SECBuffaloWWM@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 notified the Coast Guard 

with insufficient time to accommodate 

the comment period. Delaying the 

effective date of this rule would be 

contrary to the public interest and the 

rule’s objectives of protecting safety of 

life on the navigable waters, including 

protection of persons competing in the 

swim event for this triathlon. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by July 9, 2022. Delay of the 

effective date would inhibit the Coast 

Guard’s ability to protect swim 

competitiors from vessel traffic and all 

associated hazards that could interfere 

with the swim area. 

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 Buffalo (COTP) 

determined that potential hazards to 

competitors, volunteers and spectators 

associated with a triathlon swim event 

occurring on July 9, 2022, will be a 

safety concern for anyone within a 150- 

yard radius of the designated swim area. 

This rule is needed to protect personnel, 

volunteers, and the marine environment 

in the navigable waters within the safety 


jspears on DSK121TN23PROD with RULES1