Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38989 

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 a safety zone 

lasting approximately 1 hour that will 

prohibit entry within a 280-foot radius 

over Ellicott River in Tonawanda, NY 

for a fireworks display. 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, 6.04–6, and 160.5; Department of 

Homeland Security Delegation No. 0170.1, 

Revision No. 01.2. 

■ 2. Add § 165.T09–0535 to read as 

follows: 

§ 165.T09–0535 Safety Zone; Ellicott River, 

Tonawanda, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Ellicott 

River, from surface to bottom, 

encompassed by a 280-foot radius 

around 43°01′18.1′′ N, 78°52′40.9′′ W. 

(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 Buffalo (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within the safety zone 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the COTP Buffalo or a designated 

representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or his 

designated representative to obtain 

permission to do so. The COTP Buffalo 

or his designated representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

COTP Buffalo or his designated 

representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) is 

effective from 9:45 p.m. through 10:30 

p.m. on July 04, 2022. 

Dated: June 23, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–14005 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0443] 

RIN 1625–AA00 

Safety Zone; SamSen Operation 

Fireworks, Seneca Lake, Romulus, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 840-foot 

radius of barge launched fireworks over 

Seneca Lake in Romulus, 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– 

0443 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 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 

spectators and vessels from the hazards 

associated with this foreworks display. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by July 3, 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, 


jspears on DSK121TN23PROD with RULES1
38990 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

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 over Seneca Lake in Romulus, 

NY. 

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) has 

determined that fireworks over the 

water presents significant risks to public 

safety and property within a 840-foot 

radius of the launch point. This rule is 

necessary 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 3, 2022. The safety zone will cover 

all navigable waters within a 840-foot 

radius of barge launched fireworks over 

Seneca Lake in Romulus, 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 840-foot radius from the 

barge-launched fireworks in the Seneca 

Lake in Romulus, NY, with the event 

lasting approxiamately 1.5 hours during 

the evening when vessel traffic is 

normally low. Moreover, the Coast 

Guard would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow 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 

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. 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 1.5 hours 

that will prohibit entry within a 840- 

foot radius in Seneca Lake in Romulus, 

NY for a fireworks display. It is 

categorically excluded from further 

review under paragraph L60(a) of 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38991 

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: 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.T09–0443 to read as 

follows: 

§ 165.T09–0443 Safety Zone; SamSen 

Operation Fireworks; Seneca Lake, 

Romulus, NY 

(a) Location. The following area is a 

safety zone: All waters of the Seneca 

Lake, from surface to bottom, 

encompassed by a 840-foot radius 

around 42°43′39.28′′ N, 076°54′59.47′′ 

W. 

(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 Buffalo (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within the safety zone 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the COTP Buffalo or a designated 

representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone 

described in paragraph (a) of this 

section must contact the COTP Buffalo 

or his designated representative to 

obtain permission to do so. The COTP 

Buffalo or his designated representative 

may be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Buffalo, or his 

designated representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) is 

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

p.m. on July 3, 2022. 

Dated: June 23, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–14006 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0138] 

RIN 1625–AA00 

Safety Zone; Savannah River 4th of 

July Fireworks Show, Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Savannah River 

around Savannah, GA for a July 4th 

Fireworks event. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by fallout from 

the July 4th Fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Savannah or a designated 

representative. 

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

through 11 p.m., on July 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0138 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 Alex McConnell, of the Marine 

Safety Unit Savannah Office of 

Waterways Management, Coast Guard, 

at telephone 912–652–4353, extension 

240, or via email at MSUSavannahWWM@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. Doing so 

would be impracticable and contrary to 

the public interest. Prompt action is 

needed to respond to the potential 

safety hazards associated with a 

fireworks display on the Savannah 

River, adjacent to a major shipping 

channel. The primary justification for 

this action is that the Coast Guard 

received initial notice of the event on 

June 1, 2022 regarding the event 

beginning on July 4, 2022, and was 

further delayed in processing this 

temporary rule due to technical 

problems related to conducting the 

environmental review. The event would 

begin before the rulemaking process 

would be completed. Therefore, the 

Coast Guard lacks sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. It would be 

impracticable and contrary to the public 

interest to delay promulgating this rule, 

as it is necessary to protect the safety of 

participants, spectators, and vessels 

transiting near the fireworks display. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with a fireworks display 

adjacent to a major shipping channel. 


jspears on DSK121TN23PROD with RULES1