Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38993 

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. Revision No. 01.2. 

■ 2. Add § 165.T07–0138 to read as 

follows: 

§ 165.T07–0138 Safety Zone; 4th of July 

Fireworks Show, Savannah River, 

Savannah, GA. 

(a) Location. The following area is a 

safety zone: All waters of the Savannah 

River, from surface to bottom, bounded 

by a line drawn from a point located at 

32°05′04′′ N, 081°05′46′′ W, thence to 

32°05′10′′ N, 081°05′39′′ W, thence to 

32°05′04′′ N, 081°05′30′′ W, thence to 

32°04′57′′ N, 081°05′34′′ 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 Savannah (COTP) in the 

enforcement of the safety zone. 

(c) 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 COTP 

or the COTP’s designated representative. 

(2) Persons or vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact COTP Savannah by telephone at 

(912) 247–0073, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the COTP 

Savannah or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP or a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by 

Broadcast Notice to Mariners, Marine 

Safety Information Bulletins, and onscene designated representatives. 

(d) Enforcement period. This section 

will be enforced from 9 p.m. until 11 

p.m., on July 4, 2022. 

Dated: June 27, 2022. 

M.E. Keating, 

Lieutanant Commander, U.S. Coast Guard, 

Acting Captain of the Port Savannah. 

[FR Doc. 2022–14021 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–2022–0373] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Yaquina Bay, Newport, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Yaquina Bay. This 

action is necessary to provide for the 

safety of participants and the maritime 

public during a fireworks display on the 

Yaquina Bay near Newport, Oregon on 

July 4th, 2022. This rulemaking 

prohibits non-participant persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Columbia River or a designated 

representative. 

DATES: This rule is effective from 9:30 

p.m. to 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– 

0373 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 Sean Murphy, Waterways 

Management Division, Marine Safety 

Unit Portland, U.S. Coast Guard; 

telephone 503–240–9319, email D13- 

SMB-MSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Columbia River 

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 08, 2022, Western Display 

Fireworks, LTD notified the Coast Guard 

that it will be conducting a fireworks 

display from 10 to 10:30 p.m. on July 

04, 2022. In response, on June 6, 2022, 

the Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Fireworks Display, 

Yaquina Bay, Newport, OR (87 FR 

34605). 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 22, 

2022, we received no 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 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 Columbia River 

(COTP) has determined that the 

potential hazards associated with the 

fireworks display would be a safety 

concern for anyone within the 

designated area of the safety zone 

before, during, or after the event. The 

purpose of this rulemaking is to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

As noted above, we received no 

comments on our NPRM published June 

6, 2022. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

The COTP is establishing a safety 

zone from 9:30 p.m. to 11 p.m. on July 

04, 2022. The safety zone covers all 

navigable waters within 500 feet of the 

launch site located at approximately 

44°37′31′′ N, 124°2′5′′ W in the port of 


jspears on DSK121TN23PROD with RULES1
38994 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

Newport, Oregon. The duration of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

10 to 10:30 p.m. fireworks display. No 

vessel or person is 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-year of the safety zone. The 

safety zone created by this rule is 

designed to minimize its impact on 

navigable waters. This rule prohibits 

entry into certain navigable waters of 

the Yaquina Bay and is not anticipated 

to exceed 2 hours in duration. Thus, 

restrictions on vessel movement within 

that particular area are expected to be 

minimal. Moreover, under certain 

conditions vessels may still transit 

through the safety zone when permitted 

by the COTP. The Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone and the rule allows 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 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 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 will 

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 proposed rule 

involves a safety zone lasting 2 hours 

that will prohibit entry within 500 feet 

of a fireworks launch site. 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 record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38995 

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.T13–0373 to read as 

follows: 

§ 165.T13–0373 Safety Zone; Fireworks 

Display, Yaquina Bay, Newport, OR. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

500 feet of a fireworks launch site in 

Newport, OR. The fireworks launch site 

will be at the approximate point of 

44°37′31.62′′ N/124°2′5.42′′ 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 Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the fireworks 

display. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all non-participants may not 

enter the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 9:30 p.m. to 11 

p.m. on July 4, 2022. It will be subject 

to enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: June 24, 2022. 

M. Scott Jackson, 

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

Port Columbia River. 

[FR Doc. 2022–14045 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0534] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone— 

July–August 2022 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

certain safety zones located in the 

federal regulations for Annual Events in 

the Captain of the Port Buffalo Zone. 

This action is necessary and intended to 

protect the safety of life and property on 

navigable waters prior to, during, and 

immediately after these events. During 

each enforcement period, no person or 

vessel may enter the respective safety 

zone without the permission of the 

Captain of the Port Buffalo or a 

designated representative. 

DATES: The regulations in 33 CFR 

165.939 as listed in Table 165.939 will 

be enforced for the safety zones 

identified in the SUPPLEMENTARY

INFORMATION section below for the dates 

and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, contact LT 

Justin Miller, Chief of Waterways 

Management, Sector Buffalo, U.S. Coast 

Guard; telephone 716–843–9391, email 

D09-SMB-SECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in the table to 33 

CFR 165.939 for the following events: 

i. Brewerton Fireworks, Brewerton, 

NY; The safety zone listed in Table 

165.939 as (b)(19) will be enforced on 

all waters of Lake Oneida, Brewerton, 

NY within a 840-foot radius of position 

43°14′16.4′′ N, 076°08′03.6′′ W, from 

9:15 p.m. through 10:45 p.m. on July 03, 

2022. 

ii. Island Festival Fireworks, 

Baldwinsville, NY; The safety zone 

listed in Table 165.939 as (b)(21) will be 

enforced on all waters of the Seneca 

River, Baldwinsville, NY within a 1,120- 

foot radius of position 43°09′22.0′′ N, 

076°20′15′′ W, from 10:00 p.m. through 

10:45 p.m. on July 01, 2022. 

iii. City of Erie 4th of July Fireworks, 

Erie, PA; The safety zone listed in 

(b)(31) will be enforced on all waters of 

the Lake Erie, Erie, PA within a 280-foot 

radius of position 42°08′17.13′′ N, 

080°05′30.17′′ W, from 9:45 p.m. 

through 10:45 p.m. on July 03, 2022. 

iv. Ski Show Sylvan Beach, Sylvan 

Beach, NY; The safety zone listed in 

(c)(5) will be enforced on all waters 

where Fish Creek meets Oneida Lake 

starting at position 43°11′36.6′′ N, 

75°43′53.8′′ W then South to 43°11′33.7′′ 

N, 75°43′51.2′′ W then East to 

43°11′42.4′′ N, 75°43′38.6′′ W then North 

to 43°11′44.5′′ N, 75°43′39.7′′ W then 

returning to the point of origin, from 

10:30 a.m. through 08:15 p.m. on 

August 14, 2022. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within these 

safety zones during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or his 

designated representative; designation 

need not be in writing. Those seeking 

permission to enter these safety zones 

may request permission from the 

Captain of the Port Buffalo via channel 

16, VHF–FM. Vessels and persons 

granted permission to enter the safety 

zone shall obey the directions of the 

Captain of the Port Buffalo or his 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement periods via Broadcast 

Notice to Mariners or other suitable 

means. If the Captain of the Port Buffalo 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notice, he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the respective safety 

zone. 

Dated: June 23, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–14007 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 


jspears on DSK121TN23PROD with RULES1