[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32311-32313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11578]


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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.

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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 
[email protected].

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
Sec.  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[deg] 37.460 N, 070[deg] 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[deg] 37.460 N, 070[deg] 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.

[[Page 32312]]

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

0
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.


0
2. Add Sec.  165.T01-0288 to read as follows:


Sec.  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[deg] 37.460 N, 070[deg] 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.

[[Page 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]
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