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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32312 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules and Regulations 

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 contact 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 Safety 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guides 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 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. This rule prohibits 

entry of persons or vessels on the 

navigable waters within a 150-yard 

radius of movie production vessels 

filming near the hurricane barrier in 

New Bedford, Massachusetts. 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 contact 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 safety 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 Safety Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T01–0288 to read as 

follows: 

§ 165.T01–0288 Safety zone; Movie 

Production; Buzzards Bay, New Bedford, 

Massachusetts. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Buzzards Bay, MA, from surface to 

bottom, within a 150-yard radius around 

41° 37.460 N, 070° 54.350 W, near the 

hurricane barrier in New Bedford, 

Massachusetts. 

(b) Enforcement period. This section 

will be effective from 8 a.m. June 1, 

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

section will be enforced from 8 a.m. 

through 6 p.m. on one of these dates 

dependent on weather conditions. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart D 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. 

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. 

(2) Vessels requiring entry into the 

safety zone described in paragraph (a) of 

this section must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

508–457–3211 or on VHF–FM channel 

16. 


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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