Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 32313 

(3) Persons and vessels permitted to 

enter these safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: May 24, 2022. 

C.J. Prindle, 

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

Port Sector Southeastern New England. 

[FR Doc. 2022–11578 Filed 5–27–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0353] 

RIN 1625–AA00 

Safety Zone; Spokane Street Bridge; 

Duwamish Waterway, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 100-yard 

radius of the Spokane Street Bridge 

Light List Number 16870.1. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by repair 

work on the Spokane Street Bridge. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Puget Sound. 

DATES: This rule is effective from 11 

p.m. on June 3, 2022, until 7 a.m. on 

August 27, 2022. This rule is subject to 

enforcement on four occasions: From 11 

p.m. on June 3, 2022 until 7 a.m. on 

June 4, 2022; 11 p.m. on June 10, 2022 

until 7 a.m. on June 11, 2022; 11 p.m. 

on August 19, 2022 until 7 a.m. on 

August 20, 2022; and 11 p.m. on August 

26, 2022 until 7 a.m. on August 27, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0353 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Samud 

Looney, Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6051, email 

SectorPugetSoundWWM@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 the 

Spokane Street Bridge requires 

immediate action to respond to the 

potential safety hazards associated with 

emergency bridge inspection and repair 

work. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by June 3, 2022. 

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 emergency stability 

inspection and repair of the Spokane 

Street Bridge. 

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) Puget Sound 

has determined that potential hazards 

associated with bridge repairs starting 

June 3, 2022, will be a safety concern for 

anyone navigating on the West 

Duwamish Waterway in the vicinity of 

the Spokane Street Bridge Light List 

Number 16870.1. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

bridge is being inspected and repaired. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 11 p.m. on June 3, 2022 until 7 

a.m. on August 27, 2022. It is subject to 

enforcement on four occasions: from 11 

p.m. on June 3, 2022 until 7 a.m. on 

June 4, 2022; 11 p.m. on June 10, 2022 

until 7 a.m. on June 11, 2022; 11 p.m. 

on August 19, 2022 until 7 a.m. on 

August 20, 2022; and 11 p.m. on August 

26, 2022 until 7 a.m. on August 27, 

2022.The safety zone will cover all 

navigable waters within a 100-yard 

radius of the Spokane Street Bridge 

Light List Number 16870.1. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the Spokane Street Bridge 

is being inspected and potentially 

repaired. 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will not be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the Duwamish Waterway. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

would 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 


khammond on DSKJM1Z7X2PROD with RULES
32314 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 

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 4 days that will prohibit 

entry within a 100-yard radius of the 

Spokane Street Bridge Light List 

Number 16870.1 to ensure the safety of 

all vessels navigating in the vicinity of 

inspection and repair work on the 

Spokane Street Bridge. 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.T13–0353 to read as 

follows: 

§ 165.T13–0353 Safety Zone; Spokane 

Street Bridge; Duwamish Waterway, Seattle, 

WA. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

a 100-yard radius of the Spokane Street 

Bridge Light List Number 16870.1 on 

the Duwamish Waterway to ensure the 

safety of all vessels navigating in the 

vicinity of inspection and repair work 

on the Spokane Street Bridge. 

(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 Puget Sound in the enforcement 

of the safety zone. 

(c) Regulations. In accordance with 

the general regulations in Part 165, 

Subpart C, no persons or vessels may 

enter or remain in the safety zone in 

paragraph (a) of this section unless 

authorized by the Captain of the Port or 

their designated representative. For 

permission to enter the safety zone, 

contact the on-scene designated 

representative or Joint Harbor 

Operations Center via VHF CH16 or at 

206–217–6002. Those in the safety zone 

must comply with all lawful orders or 

directions given to them by the Captain 

of the Port or their designated 

representative. 

(d) Enforcement periods. This section 

will be subject to enforcement from 11 

p.m. on June 3, 2022 until 7 a.m. on 

June 4, 2022; 11 p.m. on June 10, 2022 

until 7 a.m. on June 11, 2022; 11 p.m. 

on August 19, 2022 until 7 a.m. on 

August 20, 2022; and 11 p.m. on August 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 32315 

26, 2022 until 7 a.m. on August 27, 

2022. 

Dated: May 20, 2022. 

P.M. Hilbert, 

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

Port Puget Sound. 

[FR Doc. 2022–11264 Filed 5–27–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0329] 

RIN 1625–AA00 

Safety Zone; Station Camp Creek, 

Gallatin, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of Station Camp 

Creek located south of the Gallatin 

Marina in Gallatin, TN. The safety zone 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by Gallatin 

Marina Fireworks. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Ohio Valley 

or a designated representative. 

DATES: This rule is effective on July 3, 

2022 from 9 p.m. through 9:30 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0329 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 Petty Officer Third Class Joshua 

Rehl Marine Safety Detachment 

Nashville, U.S. Coast Guard; telephone 

615–736–5421, email Joshua.M.Rehl@

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 it is 

impracticable. The Coast Guard must 

establish this safety zone by July 3, 2022 

and will not have ample time to allow 

for a reasonable comment period and 

then consider those comments before 

issuing the rule. 

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 contrary to the public 

interest because action is needed on July 

3, 2022 to ensure the safety of the 

participants in the Gallatin Marina 

Fireworks. 

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 Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the fireworks, 

will be a safety concern from 36.340966 

N, ¥86.478265 W to 36.344847 N, 

¥86.478330 W on Station Camp Creek. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone during the duration of the event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 to 9:30 p.m. on July 3, 2022. The 

safety zone covers all navigable waters 

within 120 yards of 3 floating platforms 

in Station Camp Creek located south of 

the Gallatin Marina in Gallatin, TN. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 9 to 9:30 p.m. 

fireworks display. No vessel or person is 

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, and 

duration of the safety zone. The safety 

zone will be 30 minutes during 

nighttime hours in Gallatin, TN. The 

safety zone will only encompass from 

36.340966 N, ¥86.478265 W to 

36.344847 N, ¥86.478330 W of the 

Station Camp Creek. Vessel traffic will 

be unable to safely transit around this 

safety zone which would impact the 

width of Station Camp Creek. Moreover, 

the Coast Guard would issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

and the rule would 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 


khammond on DSKJM1Z7X2PROD with RULES