[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Pages 37740-37742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13423]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-USCG-0413]
RIN 1625-AA00


Safety Zone; Henderson Harbor, Henderson Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 150-yard radius of the Henderson Harbor 
Triathlon Swim Event. The safety zone is needed to protect competitors 
participating in the swim portion of the triathlon from any vessel 
traffic or other potential hazards that could otherwise enter into the 
swim area. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Buffalo.

DATES: This rule is effective from 8 a.m. through 11:30 a.m. on July 9, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
USCG-0413 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 Justin Miller, U.S. Coast Guard Sector Buffalo; 
telephone 716-843-9322, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  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 the event sponsor notified the Coast 
Guard with insufficient time to accommodate the comment period. 
Delaying the effective date of this rule would be contrary to the 
public interest and the rule's objectives of protecting safety of life 
on the navigable waters, including protection of persons competing in 
the swim event for this triathlon. It is impracticable to publish an 
NPRM because we must establish this safety zone by July 9, 2022. Delay 
of the effective date would inhibit the Coast Guard's ability to 
protect swim competitiors from vessel traffic and all associated 
hazards that could interfere with the swim area.

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) determined that potential hazards to competitors, volunteers and 
spectators associated with a triathlon swim event occurring on July 9, 
2022, will be a safety concern for anyone within a 150-yard radius of 
the designated swim area. This rule is needed to protect personnel, 
volunteers, and the marine environment in the navigable waters within 
the safety

[[Page 37741]]

zone while the competition is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 11:30 a.m. 
on July 9, 2022. The safety zone will cover all navigable waters within 
a 150 yard radius of the center of the designated swim area. The 
duration of the zone is intended to protect all personnel in these 
navigable waters while the swim event is taking place. No vessel or 
person will 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, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Henderson Harbor for 3.5 hours during 
the morning. Additionally, vessels will be able to safely transit to 
the local marina and boat ramp within the harbor without impacting the 
safety zone. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via the VHF-FM marine channel 16 about the zone, and the rule 
will allow vessels to seek permission to enter the 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 
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 3.5 hours that will prohibit entry within 150 
yards of the designated swim area. 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 Memorandum for the Record 
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:

[[Page 37742]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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. 
2.


0
2. Add Sec.  165.T09-0413 to read as follows:


Sec.  165.T09-0413  Safety Zone; Henderson Harbor, Henderson Harbor, 
NY.

    (a) Location. The following area is a safety zone: All waters of 
Henderson Harbor, from surface to bottom, encompassing a 150-yard 
radius of position 43[deg]51'05.6'' N 076[deg]12'17.8'' W.
    (b) 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 Captain of the 
Port Buffalo (COTP) or the COTP's designated representative.
    (2) The ``designated representative'' of the COTP is any Coast 
Guard commissioned, warrant, or petty officer who has been designated 
by the COTP to act on his behalf.
    (3) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone, 716-843-9391. 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.
    (c) Enforcement Period. This section will be enforced from 8 a.m. 
through 11:30 a.m. on July 9, 2022.

    Dated: June 16, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-13423 Filed 6-23-22; 8:45 am]
BILLING CODE 9110-04-P


