Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40729 

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 5.5 hours that will prohibit 

entry within a 400-yard radius of the 

Dock Channel in Sandusky Bay, 

between the Jackson Street Pier and the 

Shelby Street Boat Launch. It is 

categorically excluded from further 

review under paragraph L[60](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.T09–0560 to read as 

follows: 

§ 165.T09–0560 Safety Zone; Lake Erie; 

Sandusky Bay, OH. 

(a) Location. The following area is a 

temporary safety zone: all U.S. 

navigable waters of the Sandusky Bay 

within a within a 400-yard radius of the 

Dock Channel between 41°27′36.48′′ N, 

082°42′54.84′′ W and 41°27′25.05′′ N, 

082°43′26.64′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Port (COTP) Detroit or his designated 

representative. 

(2) The safety zone described in 

paragraph (a) of this section is closed to 

all vessel traffic, except as may be 

permitted by the COTP Detroit or his 

designated representative. 

(3) The ‘‘designated representative’’ of 

the COTP Detroit is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the Captain 

of the Port Detroit to act on his behalf. 

The designated representative of the 

COTP Detroit will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. The COTP Detroit or his 

designated representative may be 

contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the COTP Detroit or his 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the COTP 

Detroit or his designated representative. 

(c) Enforcement period. This section 

will be enforced from 4:30 a.m. through 

10 a.m. on July 24, 2022. The Captain 

of the Port Detroit or a designated 

representative may suspend 

enforcement of the safety zone at any 

time. 

Dated: June 30, 2022. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2022–14434 Filed 7–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0564] 

RIN 1625–AA00 

Safety Zone; Thunder on the Niagara 

Fireworks; Niagara River; North 

Tonawanda, NY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 400-foot 

radius of land launched fireworks over 

the Niagara River in North Tonawanda, 

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 

safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port Buffalo or his designated 

representative. 

DATES: This rule is effective August 6, 

2022, from 8:45 p.m. through 10:45 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– 

0564 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, U.S. 

Coast Guard Sector Buffalo; 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 


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40730 Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 

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 with 

respect to this rule because doing so 

would be impracticable. 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. Delaying 

the effective date of this rule to wait for 

a comment period to run would be 

impracticable and contrary to the public 

interest by inhibiting the Coast Guard’s 

ability to protect spectators and vessels 

from the hazards associated with this 

fireworks display. The safety zone must 

be established by August 6, 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, 

waiting for a 30-day notice period to run 

would be impracticable and contrary to 

the public interest. 

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 (COTP) Buffalo has 

determined that fireworks over the 

water presents significant risks to public 

safety and property. 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 8:45 p.m. through 10:45 p.m. on 

August 6, 2022. The safety zone will 

cover all navigable waters within a 400- 

foot radius of land launched fireworks 

over The Niagara River in North 

Tonawanda, NY. The duration of the 

safety 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 

his 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. The 

safety zone will encompass a 400-foot 

radius of land launched fireworks in the 

The Niagara River in North Tonawanda, 

NY lasting approximately 2 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 safety zone, and the rule 

would allow vessels to seek permission 

to enter the safety 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 


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Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40731 

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 2 hours that 

will prohibit entry within a 400-foot 

radius in the Niagara River in North 

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 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T09–0564 to read as 

follows: 

§ 165.T09–0564 Safety Zone; Safety Zone; 

Thunder on the Niagara Fireworks; Niagara 

River; North Tonawanda, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Lake 

Ontario, from surface to bottom, 

encompassed by a 400-foot radius 

around 43°03′22.39′′ N, 078°54′15.59′′ 

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 (COTP) Buffalo 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 this safety zone is 

prohibited unless authorized by the 

COTP Buffalo or his 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) of this 

section is effective from 8:45 p.m. 

through 10:45 p.m. on August 6, 2022. 

Dated: July 1, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–14542 Filed 7–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220627–0140] 

RIN 0648–BK84 

International Fisheries; Pacific Tuna 

Fisheries; Fishing Restrictions for 

Tropical Tuna and Silky Shark in the 

Eastern Pacific Ocean for 2022 and 

Beyond 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing regulations 

under the Tuna Conventions Act (TCA) 

of 1950, as amended, to implement 

Resolution C–21–04 (Conservation 

Measures for Tropical Tunas in the 

Eastern Pacific Ocean During 2022– 

2024) and Resolution C–21–06 

(Conservation Measures for Shark 

Species, with Special Emphasis on the 

Silky Shark (Carcharhinus Falciformis), 

for the Years 2022 and 2023), which 

were adopted at the Resumed 98th 

Meeting of the Inter-American Tropical 

Tuna Commission (IATTC) in October 

2021. This final rule implements the C– 

21–04 fishing management measures for 

tropical tuna (i.e., bigeye tuna (Thunnus 

obesus), yellowfin tuna (Thunnus 

albacares), and skipjack tuna 

(Katsuwonus pelamis)) in the eastern 

Pacific Ocean (EPO). The fishing 

restrictions apply to purse seine vessels 

of class sizes 4–6 (carrying capacity of 

182 metric tons (mt) or greater) and 

longline vessels greater than 24 meters 

(m) in overall length that fish for 

tropical tuna in the EPO. To implement 

Resolution C–21–06, which extended 

the previous IATTC resolution on silky 

shark for 2 years, the existing 

regulations on silky shark will continue 

in effect with no proposed amendments. 

This final rule is necessary for the 

conservation of tropical tuna stocks and 

silky shark in the EPO and for the 

United States to satisfy its obligations as 

a member of the IATTC. 

DATES: Effective date: This rule is 

effective July 25, 2022. 

Compliance date: Compliance with 50 

CFR 300.22(c)(2) through (4) and (d) is 

required as of August 8, 2022. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

rule, including the Regulatory Impact 

Review, are available via the Federal eRulemaking Portal: https:// 


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