[Federal Register Volume 90, Number 175 (Friday, September 12, 2025)]
[Rules and Regulations]
[Pages 44149-44150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17611]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0800]
RIN 1625-AA00
Safety Zone, Black River Bay, Sackets 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
certain navigable waters of the Black River Bay in Sackets Harbor, NY
listed below. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by an Army
HELOCAST Exercise where personnel will be jumping from a helicopter
into the water. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Eastern Great Lakes.
DATES: This rule is effective daily from 9 a.m. until 2 p.m., on
September 17, 2025 through September 19, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://regulations.gov, type USCG-2025-
0800 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 about this rule,
call or email MST1 Shawn Keeman, Marine Safety Unit Thousand Islands,
U.S. Coast Guard; telephone 315-322-8168, 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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because the U.S. Army did
not have an approved location from the village of Sackets Harbor until
August 12, 2025. The Coast Guard lacks sufficient time to provide for a
comment period and then consider those comments before issuing the rule
since this rule is needed by September 17, 2025. It would be contrary
to the public interest because immediate action is necessary to protect
the safety of the public, and vessels transiting the waters of the
Black River Bay in Sackets Harbor, NY.
Also, 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 is impracticable because prompt action is needed to respond
to the potential safety hazards associated with the Army HELOCAST
Exercise.
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 Sector Eastern Greats Lakes (COTP) has
determined that potential hazards associated with Army HELOCAST
Exercise starting September 17, 2024, will be a safety concern for
anyone within a defined boundary off the shore of Black River Bay in
Sackets Harbor, NY. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while the exercise occurs.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 a.m. until 2 p.m. from
September 17, 2025, through September 19, 2025. The safety zone will
cover all navigable waters from 43[deg]57'1.4'' N, 76[deg]07'32.7'' W
then along the shoreline to 43[deg]57'1.8'' N, 76[deg]07'15.9'' W then
north to 43[deg]57'7.2'' N, 76[deg]07'17'' W then west to
43[deg]57'7.1'' N, 76[deg]07'33.4'' W then south to the beginning
point. These coordinates are based on the 1984 World Geodetic System
(WGS 84). The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters while the
exercise occurs. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 will 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
[[Page 44150]]
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.
B. 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).
C. 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.
D. 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.
E. 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 days for 5 hours per day that will prohibit
entry within a defined boundary in Black River Bay, Sackets Harbor, NY
for the Army HELOCAST Exercise. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T09-0800 to read as follows:
Sec. 165.T09-0800 Safety Zone; Black River Bay, Sackets Habor, NY
(a) Location. The following area is a safety zone: All waters of
Black River Bay, from surface to bottom, encompassed by a line
connecting the following points beginning at 43[deg]57'1.4'' N,
76[deg]07'32.7'' W thence along the shoreline to 43[deg]57'1.8'' N,
76[deg]07'15.9'' W thence north to 43[deg]57'7.2'' N, 76[deg]07'17'' W
thence west to 43[deg]57'7.1'' N, 76[deg]07'33.4'' W thence south to
the beginning point. These coordinates are based on the 1984 World
Geodetic System (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 Eastern Great Lakes (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) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM radio on channel 16. 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 period. This section will be enforced daily from 9
a.m. to 2 p.m., from September 17, 2025, through September 19, 2025.
Dated: September 8, 2025.
Matthew J. Walter,
Captain, U.S. Coast Guard, Captain of the Port Sector Eastern Great
Lakes.
[FR Doc. 2025-17611 Filed 9-11-25; 8:45 am]
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