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 


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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 37741 

zone while the competition is taking 

place. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8 a.m. through 11:30 a.m. on July 

9, 2022. The safety zone will cover all 

navigable waters within a 150 yard 

radius of the center of the designated 

swim area. The duration of the zone is 

intended to protect all personnel in 

these navigable waters while the swim 

event is taking place. No vessel or 

person will be permitted to enter the 

safety zone 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 the size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

Henderson Harbor for 3.5 hours during 

the morning. Additionally, vessels will 

be able to safely transit to the local 

marina and boat ramp within the harbor 

without impacting the safety zone. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via the 

VHF–FM marine channel 16 about the 

zone, and the rule will 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. 

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 only 3.5 hours that will 

prohibit entry within 150 yards of the 

designated swim area. 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 Memorandum for the 

Record 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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37742 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

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. 

■ 2. Add § 165.T09–0413 to read as 

follows: 

§ 165.T09–0413 Safety Zone; Henderson 

Harbor, Henderson Harbor, NY. 

(a) Location. The following area is a 

safety zone: All waters of Henderson 

Harbor, from surface to bottom, 

encompassing a 150-yard radius of 

position 43°51′05.6′′ N 076°12′17.8′′ W. 

(b) 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 Captain 

of the Port Buffalo (COTP) or the 

COTP’s designated representative. 

(2) The ‘‘designated representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on his behalf. 

(3) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone, 716–843– 

9391. 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. 

(c) Enforcement Period. This section 

will be enforced from 8 a.m. through 

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

Dated: June 16, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–13423 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–2022–0352] 

RIN 1625–AA00 

Safety Zone; Red Bull Flugtag, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Lake Michigan in the 

vicinity of Veterans Park in Milwaukee, 

WI. This action is necessary to provide 

for the safety of life on these navigable 

waters during the Red Bull Flugtag 

event on July 16, 2022. This rulemaking 

will restrict usage by persons and 

vessels within the safety zone. At no 

time during the effective period may 

non-event persons or vessels transit the 

waters of Milwaukee Harbor within 800 

feet of the southern shoreline of 

Veterans Park. These restrictions apply 

to all perons and vessels during the 

effective period unless authorized by 

the Captain of the Port Lake Michigan 

or a designated representative. 

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

through 6 p.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– 

0325 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 Chief Petty Officer Jeromy 

Sherrill, Sector Lake Michigan 

Waterways Management Division, U.S. 

Coast Guard; telephone 414–747–7148, 

email Jeromy.N.Sherrill@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 

On March 12, 2022, the organizer of 

the Red Bull Flugtag Milwaukee notified 

the Coast Guard that it will be 

organizing an event in the Milwaukee 

Harbor on July 16, 2022 from 11:00 a.m. 

through 4:00 p.m. The marine event will 

take place in the waters of Milwaukee 

Harbor adjacent to the south shore of 

Veterans Park in Milwaukee, WI. In 

response, on May 12, 2022, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Red Bull Flugtag, Milwaukee, WI (87 FR 

29244). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this fireworks display. During the 

comment period that ended June 13, 

2022, we received 00 comments. 

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 the event. 

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 Lake 

Michigan (COTP) has determined that 

potential hazards associated with the 

Red Bull Flugtag Milwaukee event 

would be a safety concern for anyone 

within the safety zone that is not 

participating in the event. The purpose 

of this rule is to ensure safety of vessels 

and the navigable waters in the safety 

zone before, during, and after the 

scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published May 

12, 2022. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 9:00 a.m. to 6:00 p.m. on July 16, 

2022. The safety zone will cover all 

navigable waters of Milwaukee Harbor 

within 800 feet of the southern 

shoreline of Veterans Park. The duration 

of the zone is intended to ensure the 

safety of life and vessels on these 

navigable waters before, during, and 

after the event. No vessels or person will 

be permitted to enter the safety zone 

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 the characteristics of the 

safety zone. The safety zone created by 

this rule is relatively small and is 

designed to minimize its impact on 


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