40442 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 

(2) Any transactions prohibited by 

Directive 4 under E.O. 14024, Prohibitions 

Related to Transactions Involving the Central 

Bank of the Russian Federation, the National 

Wealth Fund of the Russian Federation, and 

the Ministry of Finance of the Russian 

Federation; or 

(3) Any transactions otherwise prohibited 

by the RuHSR, including transactions 

involving any person blocked pursuant to the 

RuHSR other than the blocked persons 

described in paragraph (a) of this general 

license, unless separately authorized. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

Dated: June 2, 2022 

OFFICE OF FOREIGN ASSETS CONTROL 

Russian Harmful Foreign Activities Sanctions 

Regulations 31 CFR Part 587 

GENERAL LICENSE NO. 38 

Authorizing Transactions Related to Pension 

Payments to U.S. Persons 

(a) Except as provided in paragraph (b) of 

this general license, all transactions 

ordinarily incident and necessary to the 

processing of pension payments to U.S. 

persons that are prohibited by Executive 

Order (E.O.) 14024 are authorized, provided 

that the only involvement of blocked persons 

is the processing of funds by financial 

institutions blocked pursuant to E.O. 14024. 

(b) This general license does not authorize: 

(1) The opening or maintaining of a 

correspondent account or payable-through 

account for or on behalf of any entity 

determined to be subject to the prohibitions 

of Directive 2, Prohibitions Related to 

Correspondent or Payable-Through Accounts 

and Processing of Transactions Involving 

Certain Foreign Financial Institutions; 

(2) Any debit to an account on the books 

of a U.S. financial institution of the Central 

Bank of the Russian Federation, the National 

Wealth Fund of the Russian Federation, or 

the Ministry of Finance of the Russian 

Federation; or 

(3) Any transactions otherwise prohibited 

by the Russian Harmful Foreign Activities 

Sanctions Regulations, 31 CFR part 587 

(RuHSR), including transactions involving 

any person blocked pursuant to the RuHSR 

other than the blocked persons described in 

paragraph (a) of this general license, unless 

separately authorized. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

Dated: June 2, 2022. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2022–14452 Filed 7–6–22; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket Number USCG–2022–0374] 

RIN 1625–AA08, 1625–AA00 

Special Local Regulation and Safety 

Zone; Back River, Baltimore County, 

MD 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary regulations for 

certain waters of the Back River. This 

action is necessary to provide for the 

safety of life on these navigable waters 

near Baltimore County, MD, during a 

fireworks display on July 16, 2022. This 

regulation prohibits persons and vessels 

from being in the regulated area and 

safety zone unless authorized by the 

Captain of the Port, Maryland-National 

Capital Region or a designated 

representative. 

DATES: This rule is effective from 8 p.m. 

to 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– 

0374 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 Mr. Ron Houck, U.S. Coast Guard 

Sector Maryland-National Capital 

Region; telephone 410–576–2674, email 

D05-DG-SectorMD-NCR-MarineEvents@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PATCOM Patrol Commander 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On February 8, 2022, Fantastic 

Fireworks, on behalf of Tiki Lee’s Dock 

Bar, notified the Coast Guard that it will 

be conducting a fireworks display 

between 9 and 10 p.m. on July 16, 2022, 

as a part of the ‘‘Shootout on the River’’ 

event activities. The fireworks are to be 

launched from a barge in the Back River 

located near Tiki Lee’s Dock Bar in 

Sparrows Point, MD. Hazards from 

firework displays include accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. The Captain of the Port, 

Maryland-National Capital Region 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this display would be a safety 

concern for anyone within a 420-foot 

radius of the barge. The Coast Guard 

anticipates a large spectator fleet for 

these events. In response, on May 20, 

2022, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Special Local Regulation and 

Safety Zone; Back River, Baltimore 

County, MD’’ (87 FR 30846). There, we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this 

fireworks event. During the comment 

period that ended June 21, 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. Due to the date of the event, 

it would be impracticable and contrary 

to the public interest to make the 

regulation effective 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest because it would 

delay the safety measures necessary to 

respond to potential safety hazards 

associated with this fireworks event. 

Hazards include explosive materials, 

dangerous projectiles, and falling debris. 

The fireworks fall out zone extends 

across the navigable channel. 

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) and 46 

U.S.C. 70041. The Captain of the Port, 

Maryland-National Capital Region 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in the July 16, 2022, display 

will be a safety concern for anyone 

intending to operate within certain 

waters of Back River in Baltimore 

County, MD, in or near the event area. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published May 

20, 2022. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a special local 

regulation for the area in the Back River 


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Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40443 

in which spectating vessels will transit 

and gather. The regulated area covers all 

navigable waters of Back River within 

an area bounded by a line connecting 

the following points: From the shoreline 

at Lynch Point at latitude 39°14′46′′ N, 

longitude 076°26′23′′ W, thence 

northeast to Porter Point at latitude 

39°15′13′′ N, longitude 076°26′11′′ W, 

thence north along the shoreline to 

Walnut Point at latitude 39°17′06′′ N, 

longitude 076°27′04′′ W, thence 

southwest to the shoreline at latitude 

39°16′41′′ N, longitude 076°27′31′′ W, 

thence south along the shoreline to the 

point of origin, located in Baltimore 

County, MD. The regulated area is 

approximately 4,200 yards in length and 

1,200 yards in width. 

In addition to establishing a special 

local regulation, the COTP is 

establishing a temporary safety zone 

around the fireworks discharge site, in 

approximate position latitude 

39°15′35.54′′ N, longitude 76°26′56.62′′ 

W. The safety zone covers all navigable 

waters within 420 feet of a fireworks 

barge in the Back River located near Tiki 

Lee’s Dock Bar in Sparrow’s Point, MD. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled fireworks display. 

No vessel or person would 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, duration, and timeof-day of the special local regulation 

and safety zone, which would impact a 

small designated area of the Back River 

for a total of no more than 2.5 

enforcement hours during the evening 

when vessel traffic is normally low. 

Moreover, the Coast Guard will issue 

Local Notices to Mariners and a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zones. 

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 would 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 

implementation of regulations within 33 

CFR part 100 applicable to organized 

marine events on the navigable waters 

of the United States that could 

negatively impact the safety of 

waterway users and shore side activities 

in the event area, and within 33 CFR 

part 165 establishing a temporary safety 

zone that would prohibit entry within 

420 feet of a fireworks barge, both 

lasting a total of 2.5 consecutive hours. 


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40444 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 

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 

33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

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 parts 100 and 165 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.501T05–0374 to read as 

follows: 

§ 100.501T05–0374 2022 Tiki Lee’s 

Shootout on the River Fireworks, Back 

River, Baltimore County, MD. 

(a) Locations. All coordinates are 

based on datum North American Datum 

(NAD) 1983. 

(1) Regulated area. All navigable 

waters of Back River, within an area 

bounded by a line connecting the 

following points: From the shoreline at 

Lynch Point at latitude 39°14′46′′ N, 

longitude 076°26′23′′ W, thence 

northeast to Porter Point at latitude 

39°15′13′′ N, longitude 076°26′11′′ W, 

thence north along the shoreline to 

Walnut Point at latitude 39°17′06′′ N, 

longitude 076°27′04′′ W, thence 

southwest to the shoreline at latitude 

39°16′41′′ N, longitude 076°27′31′′ W, 

thence south along the shoreline to and 

terminating at the point of origin. 

(2) [Reserved] 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to act on his 

behalf. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means a person or vessel 

registered with the event sponsor as 

participating in the ‘‘2022 Tiki Lee’s 

Shootout on the River Fireworks’’ event, 

or otherwise designated by the event 

sponsor as having a function tied to the 

event. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

(c) Special local regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area 

described in paragraph (a)(1) of this 

section. When hailed or signaled by an 

official patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM and 

official patrol vessels enforcing the 

regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter a designated 

spectator area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(5) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other Federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 8 p.m. to 10:30 

p.m. on July 16, 2022. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 3. 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. 

■ 4. Add § 165.T05–0374 to read as 

follows: 

§ 165.T05–0374 Safety Zone; Back River, 

Baltimore County, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Back River within 420 feet of the 

fireworks barge in approximate position 

latitude 39°15′35.54′′ N, longitude 

76°26′56.62′′ W. These coordinates are 

based on datum North American Datum 

(NAD) 1983. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port, MarylandNational Capital Region to assist in 


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Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40445 

enforcing the safety zone described in 

paragraph (a) of this section. 

(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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

(3) 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. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 8 p.m. to 10:30 

p.m. on July 16, 2022. 

Dated: July 1, 2022. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2022–14484 Filed 7–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0500] 

RIN 1625–AA00 

Safety Zone; Henderson Harbor, 

Henderson 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 a fireworks barge on 

Henderson Harbor, Henderson Harbor, 

NY. 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 the fireworks 

display. Entry of persons or vessels into 

this safety zone is prohibited unless 

authorized by the Captain of the Port 

Buffalo or his designated representative. 

DATES: This rule is effective from 8:45 

p.m. through 10 p.m. on July 30, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0500 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 30, 

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 Buffalo (COTP) has 

determined that potential hazards 

associated with the fireworks display 

occurring on July 30, 2022 will be a 

safety concern for anyone within a 140- 

yard radius of the barge. This rule is 

necessary to protect personnel, vessels, 

and the marine environment in the 

navigable waters within a 140-yard 

radius of the fireworks barge before, 

during, and immediately after the 

scheduled event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8:45 p.m. through 10 p.m. on July 

30, 2022. The safety zone will cover all 

navigable waters within 140 yards of a 

barge in Henderson Harbor located 

approximately 1,100 yards north of the 

town boat ramp located on the southern 

shore of Henderson Harbor in 

Henderson Harbor, NY. The duration of 

the 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 

Henderson Harbor for less than 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 


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