Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 32309 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0425] 

RIN 1625–AA00 

Safety Zone; Corte Madera Channel, 

Larkspur, CA 

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 150-feet of the 

overhead electrical transmission lines 

crossing Corte Madera Channel in 

Larkspur, CA. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by the transfer of 

overhead transmission lines, which 

cross the channel, from one tower to 

another. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without the permission 

of the Captain of the Port San Francisco 

or a designated representative. 

EFFECTIVE DATES: This rule is effective 

from 9 a.m. on May 31, 2022, through 

12:30 p.m. on June 10, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0425 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 Lieutenant William Harris, Sector 

San Francisco Waterways Management 

Division, U.S. Coast Guard; telephone 

415–399–7443, email SFWaterways@

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 

Coast Guard did not receive final details 

for this project until May 17, 2022. It is 

impracticable to go through the full 

notice and comment rule making 

process because the Coast Guard must 

establish this safety zone by May 31, 

2022, and lacks sufficient time to 

provide a reasonable comment period 

and to 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 public 

interest because action is necessary to 

protect personnel, vessels, and the 

marine environment from the potential 

safety hazards created by the transfer of 

electrical transmission lines, which 

cross the Corte Madera Channel, from 

one tower to a newly constructed one 

beginning on May 31, 2022. 

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 San Francisco 

(COTP) has determined that potential 

hazards associated with the transfer of 

the overhead electrical transmission 

lines, which cross the Corte Madera 

Channel from one tower to a newly 

constructed one starting May 31, 2022, 

will be a safety concern for anyone 

within a 150-feet on either side of the 

overhead transmission lines. For this 

reason, this temporary safety zone is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the overhead lines are being 

transferred. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 a.m. until 10 a.m., 10:15 a.m. 

until 11:15 a.m., and 11:30 a.m. until 

12:30 p.m. on each day from May 31, 

2022, through June 3, 2022, and each 

day from June 6, 2022, through June 10, 

2022. The safety zone will cover all 

navigable waters within 150-feet of a 

line connecting the following points: 

37°56′30.6′′ N by 122°30′19.7′′ W to 

37°56′38.1′′ N by 122°30′16.8′′ W. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the overhead lines are 

being transferred. No vessel or person 

will be permitted to enter into, transit 

through, or remain in the safety zone 

without obtaining permission from the 

COTP or a designated representative. A 

‘‘designated representative’’ means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel, or a Federal, State, or 

local officer designated by or assisting 

the COTP in the enforcement of the 

safety zone. 

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 limited size, location, 

duration, and time-of-day of the safety 

zone. This safety zone will impact a 

small designated area of the Corte 

Madera Channel for three, one-hour 

periods over eight days, with 24 fifteenminute windows designated to allow 

the safe transit of vessels, including 

ferries, through the safety zone. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone. 

Any vessels or persons desiring to 

transit through or around the temporary 

safety zone may do so upon express 

permission from the COTP or the 

COTP’s 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 


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32310 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 

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 

temporary safety zone lasting only three 

one-hour periods, daily over eight days 

that will prohibit entry within 150-feet 

of a line connecting the following 

points: 37°56′30.6′′ N by 122°30′19.7′′ W 

to 37°56′38.1′′ N by 122°30′16.8′′ W. 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.T11–097 to read as 

follows: 

§ 165.T11–097 Safety Zone; Corte Madera 

Channel, Larkspur, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Corte Madera Channel, from surface to 

bottom, 150-feet on either side of a line 

connecting the following points 

beginning at 37°56’30.6′′ N, 122°30’19.7′′ 

W, thence to 37°56’38.1′′ N, 

122°30’16.8′′ W or as announced via 

Broadcast Notice to Mariners. These 

coordinates are based on North 

American Datum 83 (NAD 83). 

(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, or a 

Federal, State, and Local officer 

designated by or assisting the Captain of 

the Port San Francisco (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) During the enforcement periods, 

the safety zone is closed to all vessel 

traffic, except as may be permitted by 

the COTP or the COTP’s designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement periods. This section 

will be enforced from 9 a.m. until 10 

a.m., 10:15 a.m. until 11:15 a.m., and 


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Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 32311 

11:30 a.m. until 12:30 p.m. on each day 

from May 31, 2022, through June 3, 

2022, and each day from June 6, 2022, 

through June 10, 2022. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with § 165.7. 

Dated: May 24, 2022. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2022–11551 Filed 5–27–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SAFETY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0288] 

RIN 1625–AA00 

Safety Zone; Movie Production; 

Buzzards Bay, New Bedford, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 150-yard 

radius of movie production vessels 

filming near the hurricane barrier in 

New Bedford, Massachusetts. The safety 

zone is needed to protect cast members 

in the water and vessels operating in the 

area during movie production 

operations. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Southeastern New 

England or a designated representative. 

DATES: This rule is effective from 8 a.m. 

June 1, 2022 through 6 p.m. June 5, 

2022. This rule will only be subject to 

enforcement from 8 a.m. through 6 p.m. 

on one of these dates dependent on 

weather conditions. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2022– 

0288 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 Petty Officer Joshua Herriott, 

Sector Southeastern New England, U.S. 

Coast Guard; telephone (401) 435–2342, 

email SENEWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector 

Southeastern New England 

DHS Department of Homeland Safety 

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 

safety zone must be established by June 

1, 2022. Any delay encountered in this 

regulation’s effective date by publishing 

a NPRM would be contrary to public 

interest since immediate action is 

needed to provide for the safety of life 

and property on navigable waters from 

the hazards created by the movie 

production including people and 

equipment in the water and numerous 

support vessels. 

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 

protect the safety of life and property on 

the navigable waters from the hazards 

created by the movie production 

including people and equipment in the 

water and numerous support vessels. 

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 movie 

production company requested that the 

Coast Guard establish a safety zone 

within a 150-yard radius near the 

hurricane barrier in New Bedford, 

Massachusetts, approximate position, 

41° 37.460 N, 070° 54.350 W. The 

purpose of the temporary safety zone is 

to facilitate the safety of the cast and 

production crew within the safety zone 

during movie production operations. 

IV. Discussion of the Rule 

For the reasons above, the Captain of 

the Port, Sector Southeastern New 

England (COTP) is establishing a 

temporary safety zone within a 150-yard 

radius near the hurricane barrier in New 

Bedford, Massachusetts, approximate 

position, 41° 37.460 N, 070° 54.350 W. 

No vessel or person will be permitted to 

enter the safety zone from 8 a.m. June 

1, 2022 through 6 p.m. June 5, 2022. 

This rule will only be subject to 

enforcement from 8 a.m. through 6 p.m. 

on one of these dates dependent on 

weather conditions. Entry into the safety 

zone is prohibited unless specifically 

authorized by the COTP or their 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of U.S. Coast Guard 

Sector Southeastern New England. 

Requests for entry will be considered 

and reviewed on a case-by-case basis. 

The COTP may be contacted by 

telephone at 508–457–3211 or can be 

reached by VHF–FM channel 16. 

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. 

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-year of the safety zone. This 

safety zone will minimally impact the 

New Bedford Harbor entrance. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

and the rule allows vessels to seek 

permission to enter the zone. 


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