42072 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

Fairbanks, AK (FAI) VORTAC (Lat. 64°48′00.25′′ N, long. 148°00′43.11′′ W) 

Fort Yukon, AK (FYU) VORTAC (Lat. 66°34′27.31′′ N, long. 145°16′35.97′′ W) 

* * * * * 

Issued in Washington, DC, on July 1, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–15064 Filed 7–13–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0587] 

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: 

Effective dates: This rule is effective 

without actual notice from July 14, 2022 

until 7 a.m. on September 30, 2022. For 

purposes of enforcement, actual notice 

will be used from 9 p.m. on July 8, 2022 

until July 14, 2022. 

Applicability dates: This rule is 

subject to enforcement on four 

occasions: from 9 p.m. on July 8, 2022 

until 7 a.m. on July 9, 2022; 11 p.m. on 

September 23, 2022 until 7 a.m. on 

September 24, 2022; and 11 p.m. on 

September 29, 2022 until 7 a.m. on 

September 30, 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 Peter J. McAndrew, 

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 had to establish this 

safety zone by July 8, 2022. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds 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 

continuing July 8, 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 9 p.m. on July 8, 2022 until 7 a.m. 

on September 30, 2022. It is subject to 

enforcement on three occasions, one of 

which has already passed: 9 p.m. on 

July 8, 2022 until 7 a.m. on July 9, 2022; 

11 p.m. on Septemebr 23, 2022 until 7 

a.m. on September 24, 2022; and 11 

p.m. on September 29, 2022 until 7 a.m. 

on September 30, 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. 


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Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 42073 

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 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.T13–0587 to read as 

follows: 

§ 165.T13–0587 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 

described 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 9 

p.m. on July 8, 2022 until 7 a.m. on July 


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42074 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

1Although these provisions of the U.S. Code are 

customarily referred to collectively as the ‘‘Private 

Express Statutes,’’ they do not all relate to private 

expresses or prohibit carriage of letters out of the 

mails. 

2Advance Notice of Proposed Rulemaking to 

Consider Regulations to Carry Out the Statutory 

Requirements of 39 U.S.C. 601, February 7, 2020 

(Order No. 5422). 

3See Order Holding Rulemaking in Abeyance, 

July 2, 2021 (Order No. 5929); Docket No. PI2021– 

2, Notice and Order Providing an Opportunity to 

Comment on Regulations Pertaining to 39 U.S.C. 

601, July 2, 2021 (Order No. 5930). 

4Notice of Proposed Rulemaking for Regulations 

Pertaining to Section 601, November 24, 2021 

(Order No. 6047). 

5See Docket No. PI2021–2, Order Closing Docket, 

November 24, 2021 (Order No. 6046). 

6See Order No. 6047 at 16 (describing commenter 

concern about substantive changes and expressing 

an intention to maintain stability). 

9, 2022; 11 p.m. on Septemebr 23, 2022 

until 7 a.m. on September 24, 2022; and 

11 p.m. on Septemebr 29, 2022 until 7 

a.m. on September 30, 2022. 

Dated: July 5, 2022 

P.M. Hilbert, 

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

Port Puget Sound. 

[FR Doc. 2022–15014 Filed 7–13–22; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3065 

[Docket No. RM2020–4; Order No. 6221] 

RIN 3211–AA26 

Market Dominant Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adopting 

rules that describe when the letter 

monopoly does not apply to a 

mailpiece. 

DATES: Effective August 15, 2022. 

ADDRESSES: For additional information, 

Order No. 6221 can be accessed 

electronically through the Commission’s 

website at https://www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Basis and Purpose of Final Rules 

III. Final Rules 

I. Background 

The Postal Service has exclusive 

rights in the carriage and delivery of 

letters under certain circumstances. 

This letter monopoly is codified in the 

Private Express Statutes (PES), which 

are a group of civil and criminal statutes 

that make it unlawful for any entity 

other than the Postal Service to send or 

carry letters. See 18 U.S.C. 1693–1699; 

39 U.S.C. 601–606.1

Section 601 provides specific 

instances (exceptions) where letters may 

be carried out of the mail (i.e., not 

subject to the letter monopoly). These 

statutory exceptions include letters 

charged more than six times the current 

rate for the first ounce of a single-piece 

first class letter and letters weighing 

more than 12.5 ounces. See 39 U.S.C. 

601(b)(1), (b)(2). A ‘‘grandfather clause’’ 

in Section 601(b)(3) also references 

exceptions from prior Postal Service 

policies and regulations. The statute 

also directs the Commission to 

promulgate any regulations necessary to 

carry out this section. See 39 U.S.C. 

601(c). 

II. Basis and Purpose of Final Rules 

The Commission initiated this 

proceeding to determine whether 

regulations promulgated by the 

Commission may be necessary to carry 

out the requirements of 39 U.S.C. 601.2

The Commission received a wide range 

of comments in response to Order No. 

5422, but found it necessary to gather 

more information before promulgating 

regulations under Section 601. Thus, the 

Commission held this docket in 

abeyance and initiated a public inquiry 

seeking further input from the public.3

Based on the comments received in 

this docket and the comments received 

in Docket No. PI2021–2, the 

Commission filed a notice of proposed 

rulemaking proposing new regulations 

necessary to carry out Section 601.4

Having received adequate input from 

the public in order to propose 

regulations in this docket, the 

Commission issued an order closing the 

public inquiry docket.5

Based on input from commenters and 

to maintain stability in the mailing 

industry, the Commission found that no 

substantive regulations were necessary 

at that time. Nonetheless, the 

Commission found it necessary to issue 

regulations that provide some clarity on 

the Section 601, and its relationship 

with the Postal Service’s regulations. 

The Commission also found it necessary 

to provide a process for the public to 

seek clarification of the statute or the 

letter monopoly should the need arise in 

the future. 

The final rules incorporate many of 

the suggestions identified by 

commenters, as well as additional 

clarifying language added by the 

Commission; however, the substance of 

the rules remains unchanged. 

To clarify the rule proposed 

§ 3065.1(a), the Commission accepts the 

Postal Service’s suggested modifications 

and amends § 3065.1(a). 

The Commission adopts proposed 

§ 3065.1(b) without any modification, 

explaining that the rule will track the 

language of the statute in the rule. 

The Commission finds that the text of 

proposed § 3065.2 may unintentionally limit 

the Postal Service’s ability to perform its 

ordinary operations and introduce confusion 

where the Commissions wishes to maintain 

stability.6 Based on concerns from TBC and 

the Postal Service, the Commission removes 

the words ‘‘issue guidance’’ from the text of 

the rules. 

Finally, no commenter proposed 

changes to proposed § 3065.3, which 

provides procedures for parties seeking 

clarification or interpretation of the 

statute or regulations concerning 

Section 601, and thus, the Commission 

adopts the proposed rule without 

modification. 

III. Final Rules 

The Commission adopts regulations 

necessary to carry out 39 U.S.C. 601 and 

places them in a new section in 39 CFR 

part 3065. 

List of Subjects for 39 CFR Part 3020 

Administrative practice and 

procedure, Postal Service. 

■ For the reasons stated in the preamble, 

the Commission amends chapter III of 

title 39 of the Code of Federal 

Regulations by adding part 3065 to read 

as follows: 

PART 3065—RULES FOR LETTERS 

CARRIED OUT OF THE MAIL 

Sec. 

3065.1 Applicability and scope. 

3065.2 Prohibition on new regulations. 

3065.3 Procedure for seeking clarification 

or interpretation. 

Authority: 39 U.S.C. 503, 601. 

§ 3065.1 Applicability and scope. 

(a) The rules in this part implement 

39 U.S.C. 601, which describes certain 

circumstances in which letters may be 

carried out of the mail. 

(b) Notwithstanding placement in 

Postal Service chapter I of this title, the 

following provisions in parts 310 and 

320 of this title are within the scope of 

this part and the Commission has the 

authority to interpret them: 

(1) Section 310.1 of this title; 

(2) Sections 310.2(b)(1) and (2) of this 

title; and 

(3) Sections 320.1 through 320.8 of 

this title. 

(c) In the event of a conflict between 

39 U.S.C. 601 and applicable regulations 


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