Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 42321 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW TX E5 Mexia, TX [Amended] 

Mexia-Limestone Country Airport, TX 

(Lat. 31°38′28′′ N, long. 96°30′52′′ W) 

That airspace extending from 700 feet 

above the surface within a 6.5-mile radius of 

Mexia-Limestone County Airport. 

Issued in Fort Worth, Texas, on July 12, 

2022. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2022–15169 Filed 7–14–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0537] 

Special Local Regulations; Seattle 

Seafair Unlimited Hydroplane Race, 

Lake Washington, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the Seattle 

Seafair Unlimited Hydroplane Race on 

Thursday August 4, 2022, from 10 a.m. 

to 4 p.m. and Friday and Saturday, 

August 5 and 6, 2022, from 8 a.m. to 5 

p.m. to provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Thirteenth Coast Guard District 

identifies the regulated area for this 

event on Lake Washington, WA. During 

the enforcement periods, the operator of 

any vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulations in 33 CFR 

100.1301 will be enforced Thursday, 

August 4, 2022, from 10 a.m. to 4 p.m., 

and Friday and Saturday, August 5 and 

6, 2022, from 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Peter J. McAndrew, 

Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone 206–217–6051, email 

SectorPugetSound@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.1301 for the 

Seattle Seafair Unlimited Hydroplane 

Race on Thursday August 4, 2022, from 

10 a.m. to 4 p.m., and Friday and 

Saturday, August 5 and 6, 2022, from 8 

a.m. to 5 p.m. This action is being taken 

to provide for the safety of life on 

navigable waterways during this threeday event. Our regulation for marine 

events within the Thirteenth Coast 

Guard District, § 100.1301(b), specifies 

the location of the regulated area for the 

Seattle Seafair Unlimited Hydroplane 

Race which encompasses portions of 

Lake Washington. During the 

enforcement periods, if you are the 

operator of a vessel in the regulated area 

you must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

The regulated area has been divided 

into two zones. The zones are separated 

by a line perpendicular from the I–90 

Bridge to the northwest corner of the 

East log boom and a line extending from 

the southeast corner of the East log 

boom to the southeast corner of the 

hydroplane race course and then to the 

northerly tip of Ohlers Island in 

Andrews Bay. The western zone is 

designated Zone I, the eastern zone, 

Zone II. (Refer to NOAA Chart 18447). 

The Coast Guard will maintain a 

patrol consisting of Coast Guard vessels, 

assisted by Coast Guard Auxiliary 

vessels, in Zone II. The Coast Guard 

patrol of this area is under the direction 

of the Coast Guard Patrol Commander 

(the ‘‘Patrol Commander’’). The Patrol 

Commander is empowered to control 

the movement of vessels on the race 

course and in the adjoining waters 

during the periods this regulation is 

subject to enforcement. The Patrol 

Commander may be assisted by other 

federal, state and local law enforcement 

agencies. 

Only vessels authorized by the Patrol 

Commander may be allowed to enter 

Zone I during the hours this regulation 

is subject to enforcement. Vessels in the 

vicinity of Zone I shall maneuver and 

anchor as directed by Coast Guard 

Officers or Petty Officers. 

During the times stated, the Coast 

Guard will enforce § 100.1301(f) through 

(m) as follows: 

(1) Swimming, wading, or otherwise 

entering the water in Zone I by any 

person is prohibited while hydroplane 

boats are on the race course. At other 

times in Zone I, any person entering the 

water from the shoreline shall remain 

west of the swim line, denoted by 

buoys, and any person entering the 

water from the log boom shall remain 

within 10 feet of the log boom. 

(2) Any person swimming or 

otherwise entering the water in Zone II 

shall remain within 10 feet of a vessel. 

(3) Rafting to a log boom will be 

limited to groups of three vessels. 

(4) Up to six vessels may raft together 

in Zone II if none of the vessels are 

secured to a log boom. 

(5) Only vessels authorized by the 

Patrol Commander, other law 

enforcement agencies or event sponsors 

shall be permitted to tow other 

watercraft or inflatable devices. 

(6) Vessels proceeding in either Zone 

I or Zone II during the hours this 

regulation is subject to enforcement 

shall do so only at speeds, which will 

create minimum wake, seven miles per 

hour or less. This maximum speed may 

be reduced at the discretion of the Patrol 

Commander. 


jspears on DSK121TN23PROD with RULES1
42322 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 

(7) Upon completion of the daily 

racing activities, all vessels leaving 

either Zone I or Zone II shall proceed at 

speeds of seven miles per hour or less. 

The maximum speed may be reduced at 

the discretion of the Patrol Commander. 

(8) A succession of sharp, short 

signals by whistle or horn from vessels 

patrolling the areas under the direction 

of the Patrol Commander shall serve as 

signal to stop. Vessels signaled shall 

stop and shall comply with the orders 

of the patrol vessel; failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

The Captain of the Port may be 

assisted by other federal, state and local 

law enforcement agencies in enforcing 

this regulation. 

If the Captain of the Port determines 

that the regulated area 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 regulated area. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: July 7, 2022. 

P.M. Hilbert, 

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

Port, Puget Sound. 

[FR Doc. 2022–14964 Filed 7–14–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0603] 

RIN 1625–AA00 

Safety Zone; Black River Bay, Sackets 

Harbor, 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 140-yard 

radius of the Eastern tip of Navy Point 

Road. The safety zone is necessary to 

restrict usage by persons and vessels 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. 

DATES: This rule is effective from 9:30 

p.m. through 10:30 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– 

0603 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 LTJG William Kelley, Chief of 

Waterways Management Sector Buffalo, 

U.S. Coast Guard; telephone 716–843– 

9322, email D09-DMB-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 doing 

so would be impracticable. This safety 

zone must be established by July 16, 

2022, in order to protect the public and 

vessels from the hazards associated with 

a fireworks display with an expected 

fall-out area over the water. 

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 

would be contrary to the rule’s 

objectives of protecting the public and 

vessels on the navigable waters in the 

vicinity of 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 (COTP) Buffalo has 

determined that potential hazards 

associated with the fireworks display 

occurring on July 16, 2022, will be a 

safety concern for anyone within a 140- 

yard radius of the launch site. This rule 

is necessary to protect personnel, 

vessels, and the marine environment in 

the navigable waters within a 140-yard 

radius of the fireworks launch site 

before, during, and immediately after 

the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:30 p.m. through 10:30 p.m. on 

July 16, 2022. The safety zone will cover 

all navigable waters within 140 yards of 

Navy Point, Sackets Harbor, NY. The 

duration of the safety zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters before, during, and after the 

scheduled 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. 

Vessel traffic will be able to safely 

transit around this safety zone which 

would impact a small designated area of 

Black River Bay for approximately 1 

hour 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 


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