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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Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 42323 

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 1 hour that will 

prohibit entry within 140 yards of Navy 

Point Road. 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.T09–0603 to read as 

follows: 

§ 165.T09–0603 Safety Zone; Black River 

Bay, Sackets Harbor, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Eastern 

edge of Navy Point Road, from surface 

to bottom, encompassing a 140-yard 

radius of position 43°57′01.5′′ N, 

076°07′16.9′′ W. These coordinates are 

based on World Geodetic System of 

1984 (WGS 84). 

(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) 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 his designated representative. 

(2) To seek permission to enter, 

contact the COTP or his representative 

by telephone at 716–843–9322. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or his designated 

representative. 

(d) Enforcement period. This safety 

zone will be enforced from 9:30 p.m. 

through 10:30 p.m. on July 16, 2022. 

Dated: July 11, 2022. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2022–15230 Filed 7–14–22; 8:45 am] 

BILLING CODE 9110–04–P 


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