Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 40727 

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 RNA 

that will prohibit entry of vessels of 100 

GT or greater from entering. 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.T05–0466 to read as 

follows: 

§ 165.T05–0466 Regulated navigation area; 

Oregon Inlet Channel, Marc Basnight 

Bridge, Dare County, NC. 

(a) Location. The following area is a 

regulated navigation area (RNA): Span 

34, between bents 33 and 34, of the 

Marc Basnight Bridge of the temporary 

Oregon Inlet Channel between Rodanthe 

and Nags Head, NC, in Dare County, NC. 

(b) Regulations. In addition to the 

general RNA regulations in § 165.13, the 

following regulations apply to the RNA 

described in paragraph (a) of this 

section. 

(1) No vessel 100 GT or greater may 

enter, stop, moor, transit, or loiter in the 

RNA without explicit permission from 

the Captain of the Port North Carolina 

(COTP). 

(2) A vessel transiting through the 

RNA must make a direct passage. No 

vessel may stop, moor, anchor, or loiter 

within the RNA at any time unless it is 

engaged or intending to engage in bridge 

construction work in the RNA or 

dredging operations. All movement 

within the RNA is subject to a ‘‘SlowNo Wake’’ speed limit. No vessel may 

produce a wake or attain speeds greater 

than 5 knots unless a higher minimum 

speed is necessary to maintain bare 

steerageway. 

(3) The operator of any vessel 

transiting in the RNA must comply with 

all lawful directions given to them by 

the COTP or the COTP’s on-scene 

representative. 

(c) Enforcement period. This section 

will be enforced from July 5, 2022, until 

June 30, 2023, or until the original 

Oregon Inlet Channel is restored. If the 

COTP determines this section need not 

be enforced during these times on a 

given day, he or she will use marine 

broadcast notices to mariners to 

announce the specific periods when this 

section will not be subject to 

enforcement. 

Dated: July 5, 2022. 

Shannon Gilreath, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2022–14558 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–2022–0560] 

RIN 1625–AA00 

Safety Zone; Lake Erie; Sandusky, OH 

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 near Sandusky Bay in 

Sandusky, OH. This temporary safety 

zone is necessary to protect race 

participants, spectators and support 

vessels from marine traffic in the 

vicinity swim portion of the Ironman 

70.3 Ohio Triathlon. Entry of vessels or 

persons into this safety zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Detroit or his designated representative. 

DATES: This rule is effective from 4:30 

a.m. through 10 a.m. on July 24, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0560 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 


jspears on DSK121TN23PROD with RULES1
40728 Federal Register / Vol. 87, No. 130 / Friday, July 8, 2022 / Rules and Regulations 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email the Tracy Girard, Sector Detroit, 

Coast Guard; telephone (313) 475–7475, 

email Tracy.m.Girard@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 doing 

so would be impracticable. The event 

sponsor notified the Coast Guard with 

insufficient time to accommodate the 

comment period. Thus, delaying the 

effective date of this rule to wait for the 

comment period to run would prevent 

the Captain of the Port (COTP) Detroit 

from keeping race participants, 

spectators, and support vessels safe 

from marine traffic in the vicinity swim 

portion of the Ironman 70.3 Ohio 

Triathlon. The safety zone must be 

established by July 24, 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. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

ensure the safety of the participants and 

vessels during the Ironman 70.3 Ohio 

Triathlon on July 24, 2022. 

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 COTP 

Detroit has determined that potential 

hazards associated with the Ironman 

70.3 Ohio Triathlon on July 24, 2022, 

will be a safety concern within 400 

yards of the Dock Channel from the 

Jackson Street Pier to the Shelby Street 

Boat Launch for 5.5 hours. This rule is 

necessary to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the event is taking place. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

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

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

zone will encompass all U.S. navigable 

waters of Lake Erie within a 400-yard 

radius of the dock channel in Sandusky 

Bay in Sandusky, OH, between the 

Jackson Street Pier and the Shelby Street 

Boat Launch. The duration of the safety 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the 

Ironman 70.3 Ohio Triathlon is taking 

place. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

COTP Detroit or his designated 

representative. The COTP Detroit or his 

designated representative may be 

contacted via VHF Channel 16. 

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. This 

safety zone would impact a small 

designated area of Sandusky Bay for 

approximately 5.5 hours, during the 

morning when vessel traffic is normally 

low. Vessel traffic will be able to transit 

after the time of the event. 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 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 


jspears on DSK121TN23PROD with RULES1
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 


jspears on DSK121TN23PROD with RULES1