Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38991 

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: 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.T09–0443 to read as 

follows: 

§ 165.T09–0443 Safety Zone; SamSen 

Operation Fireworks; Seneca Lake, 

Romulus, NY 

(a) Location. The following area is a 

safety zone: All waters of the Seneca 

Lake, from surface to bottom, 

encompassed by a 840-foot radius 

around 42°43′39.28′′ N, 076°54′59.47′′ 

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 Buffalo (COTP) 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 the safety zone 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the COTP Buffalo or a designated 

representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone 

described in paragraph (a) of this 

section 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) is 

effective from 9:15 p.m. through 10:45 

p.m. on July 3, 2022. 

Dated: June 23, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–14006 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–2022–0138] 

RIN 1625–AA00 

Safety Zone; Savannah River 4th of 

July Fireworks Show, Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Savannah River 

around Savannah, GA for a July 4th 

Fireworks event. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by fallout from 

the July 4th Fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Savannah or a designated 

representative. 

DATES: This rule is effective from 9 p.m. 

through 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– 

0138 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 Alex McConnell, of the Marine 

Safety Unit Savannah Office of 

Waterways Management, Coast Guard, 

at telephone 912–652–4353, extension 

240, or via email at MSUSavannahWWM@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. Doing so 

would be impracticable and contrary to 

the public interest. Prompt action is 

needed to respond to the potential 

safety hazards associated with a 

fireworks display on the Savannah 

River, adjacent to a major shipping 

channel. The primary justification for 

this action is that the Coast Guard 

received initial notice of the event on 

June 1, 2022 regarding the event 

beginning on July 4, 2022, and was 

further delayed in processing this 

temporary rule due to technical 

problems related to conducting the 

environmental review. The event would 

begin before the rulemaking process 

would be completed. Therefore, the 

Coast Guard lacks sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. It would be 

impracticable and contrary to the public 

interest to delay promulgating this rule, 

as it is necessary to protect the safety of 

participants, spectators, and vessels 

transiting near the fireworks display. 

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 a fireworks display 

adjacent to a major shipping channel. 


jspears on DSK121TN23PROD with RULES1
38992 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Savannah (COTP) 

has determined that potential hazards 

associated with a fireworks display on 

the Savannah River, near downtown 

Savannah, starting July 4, 2022 from 9 

p.m. to 11 p.m. will be a safety concern 

for anyone within the area. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during the July 4th Fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 p.m. through 11 p.m. on July 4, 

2022. The safety zone will cover all 

navigable waters in the Savannah River 

adjacent to downtown Savannah. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by fallout from the July 4th 

Fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. If authorization to enter, 

transit through, anchor in, or remain 

within the safety zone is granted by the 

COTP or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of 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 following reasons: (1) 

the safety zone only being enforced for 

a total of two hours; (2) although 

persons and vessels may not enter, 

transit through, anchor in, or remain 

within the zone without authorization 

from the COTP or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the areas 

during the enforcement period if 

authorized by the COTP or a designated 

representative. 

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. 

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 only two hours that will 

prohibit entry within certain navigable 

waters of the Savannah River. 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 


jspears on DSK121TN23PROD with RULES1
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