80_FR_79725 80 FR 79480 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.

80 FR 79480 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79480-79483
FR Document2015-32133

The Coast Guard is establishing a temporary safety zone within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters. Entry into, transit through, mooring or anchoring within the safety zone is prohibited unless authorized by COTP Sector LIS.

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Rules and Regulations]
[Pages 79480-79483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32133]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1088]
RIN 1625-AA00


Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the Coast Guard Sector Long Island Sound (LIS) Captain of the Port 
(COTP) Zone. This temporary final rule is necessary to provide for the 
safety of life on navigable waters. Entry into, transit through, 
mooring or anchoring within the safety zone is prohibited unless 
authorized by COTP Sector LIS.

DATES: This rule is effective without actual notice from 12:01 a.m. on 
December 22, 2015 until 12 a.m. on January 01, 2016. For the purposes 
of enforcement, actual notice will be used from the date the rule was 
signed, December 10, 2015, until December 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-1088]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket

[[Page 79481]]

number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket 
Folder on the line associated with this rulemaking. You may also visit 
the Docket Management Facility in Room W12-140 on the ground floor of 
the Department of Transportation West Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Lieutenant Junior Grade Martin Betts, Prevention Department, 
Coast Guard Sector Long Island Sound, telephone (203) 468-4432, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    This rulemaking establishes a safety zone for the waters around 
Pleasure Beach Bridge, Bridgeport, CT. Corresponding regulatory history 
is discussed below.
    The Coast Guard was made aware of damage sustained to Pleasure 
Beach Bridge, the result of which created a hazard to navigation.
    The Coast Guard is issuing this temporary final 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 an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. There is insufficient time to publish an NPRM and solicit 
comments from the public before establishing a safety zone to address 
an existing hazard to navigation. The nature of the navigational hazard 
requires the immediate establishment of a safety zone. Publishing an 
NPRM and delaying the effective date of this rule to await public 
comment inhibits the Coast Guard's ability to fulfill its statutory 
mission to protect ports, waterways and the maritime public.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1231; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 and Department of 
Homeland Security Delegation No. 0170.1 which collectively authorize 
the Coast Guard to define regulatory safety zones.
    On December 09, 2015, the Coast Guard was made aware of damage 
sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a 
hazard to navigation. The COTP Sector LIS has determined that the 
safety zone established by this temporary final rule is necessary to 
provide for the safety of life on navigable waterways.

IV. Discussion of the Rule

    The safety zone established by this rule will cover all navigable 
waters of the entrance channel to Johnsons Creek in the vicinity of 
Pleasure Beach Bridge, Bridgeport, CT. This safety zone will be bound 
inside an area that starts at a point on land at position 41-10.2N, 
073-10.7W and then east along the shoreline to a point on land at 
position 41-9.57N, 073-9.54W and then south across the channel to a 
point on land at position 41-9.52N, 073-9.58W and then west along the 
shoreline to a point on land at position 41-9.52N, 073-10.5W and then 
north across the channel back to the point of origin.
    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within the area specifically designated as a safety zone 
during the period of enforcement unless authorized by the COTP or 
designated representative.
    The Coast Guard will notify the public and local mariners of this 
safety zone through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, the Local Notice to 
Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
E.O.s related to rulemaking. Below we summarize our analyses based on 
these statutes and E.O.s and we discuss First Amendment rights of 
protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget. The Coast Guard 
determined that this rulemaking is not a significant regulatory action 
for the following reasons: (1) The enforcement of this safety zone will 
be relatively short in duration; (2) persons or vessels desiring to 
enter the safety zone may do so with permission from the COTP Sector 
LIS or a designated representative; (3) this safety zone is designed in 
a way to limit impacts on vessel traffic, permitting vessels to 
navigate in other portions of the waterway not designated as a safety 
zone; and (4) the Coast Guard will notify the public of the enforcement 
of this rule via appropriate means, such as via Local Notice to 
Mariners and Broadcast Notice to Mariners to increase public awareness 
of this safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.
    This temporary final rule will affect the following entities, some 
of which may be small entities: The owners or operators of vessels 
intending to enter, transit, anchor, or moor within a safety zone 
during the period of enforcement, from December 10, 2015 to January 1, 
2016. However, this temporary final rule will not have a significant 
economic impact on a substantial number of small entities for the same 
reasons discussed in the Regulatory Planning and Review section.
    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

[[Page 79482]]

understanding this proposed 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, 
above.
    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 proposed 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 E.O. 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 E.O. 13132. Also, 
this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
temporary rule involves the establishment of a safety zone. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination, and EA Checklist, WILL BE in the docket for review. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

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 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security Measures, and 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5 and Department of Homeland Security Delegation No. 
0170.1


0
2. Add Sec.  165.T01-1088 to read as follows:


Sec.  165.T01-1088  Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.

    (a) Location. The following area is a safety zone: All navigable 
waters of the entrance channel to Johnsons Creek in the vicinity of 
Pleasure Beach Bridge, Bridgeport, CT bound inside an area that starts 
at a point on land at position 41-10.2N, 073-10.7W and then east along 
the shoreline to a point on land at position 41-9.57N, 073-9.54W and 
then south across the channel to a point on land at position 41-9.52N, 
073-9.58W and then west along the shoreline to a point on land at 
position 41-9.52N, 073-10.5W and then north across the channel back to 
the point of origin.
    (b) Enforcement period. This rule will be enforced from 12 p.m. on 
December 10, 2015, to 12 a.m. on January 1, 2016.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
COTP, Sector Long Island Sound, to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard, 
Coast Guard Auxiliary, state, or local law enforcement vessels assigned 
or approved by the COTP Sector Long Island Sound. In addition, members 
of the Coast Guard Auxiliary may be present to inform vessel operators 
of this regulation.
    (a) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in 33 CFR 165.23, 
entry into or movement within this zone is prohibited unless authorized 
by the Captain of the Port, Long Island Sound.
    (3) Operators of vessels desiring to enter or operate within the 
safety zone should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative 
via VHF channel 16 to obtain permission to do so.
    (4) Any vessel given permission to enter or operate in the safety 
zone must comply with all directions given to them by the COTP Sector 
Long Island Sound, or the designated on-scene representative.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.


[[Page 79483]]


    Dated: December 10, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2015-32133 Filed 12-21-15; 8:45 am]
BILLING CODE 9110-04-P



                                             79480            Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Rules and Regulations

                                             VI. Public Participation and Request for                words ‘‘Eighth District CDC Reporting                   (ii) Fleet tow boats moving one or
                                             Comments                                                Unit or (D8 CDCRU)’’;                                 more CDC barges within a fleeting area.
                                                                                                     ■ c. In paragraph (d) introductory text,              *      *     *    *    *
                                                We view public participation as
                                             essential, and will consider all                        remove the words ‘‘Inland River Vessel                  (d) * * *
                                             comments and material received during                   Movement Center (IRVMC)’’ and add in                    (4) When required, reports under this
                                             the comment period. If you submit a                     their place the words ‘‘Eighth District               section must be made either by email at
                                             comment, please include the docket                      CDC Reporting Unit Eighth District (D8                d08-smb-cdcru@uscg.mil or via phone
                                             number for this rulemaking, indicate the                CDCRU)’’;                                             or fax as provided in the notification as
                                                                                                     ■ d. In paragraphs (d)(1) introductory                directed by the District Commander or
                                             specific section of this document to
                                             which each comment applies, and                         text and (d)(1)(ii), remove the text                  designated representative through the
                                             provide a reason for each suggestion or                 ‘‘IRVMC’’ and add, in its place, the text             D8 CDCRU. Notification of when and
                                             recommendation.                                         ‘‘D8 CDCRU’’;                                         where reporting is required may be
                                                                                                     ■ e. In paragraph (d)(1)(ix), remove the              made through Marine Safety
                                                We encourage you to submit
                                             comments through the Federal                            text ‘‘IRVMC’’ and add in its place the               Information Bulletins, Notices of
                                             eRulemaking Portal at http://                           text ‘‘District Commander or designated               Enforcement, email and/or through
                                             www.regulations.gov. If your material                   representative’’;                                     industry outreach. At all other times,
                                                                                                     ■ f. In paragraph (d)(2) introductory                 reporting under this section is not
                                             cannot be submitted using http://
                                             www.regulations.gov, contact the person                 text, remove the text ‘‘IRVMC’’ and add               required and communications should be
                                             in the FOR FURTHER INFORMATION                          in its place the text ‘‘D8 CDCRU’’;                   directed to the Captain of the Port.
                                                                                                     ■ g. In paragraph (d)(2)(iv), remove the
                                             CONTACT section of this document for                                                                          *      *     *    *    *
                                             alternate instructions.                                 text ‘‘IRVMC’’ and add in its place the
                                                                                                     text ‘‘District Commander or designated                 Dated: December 8, 2015.
                                                We accept anonymous comments. All
                                                                                                     representative’’;                                     D.R. Callahan,
                                             comments received will be posted
                                                                                                     ■ h. Revise paragraph (d)(4).                         Rear Admiral, U.S. Coast Guard, Commander,
                                             without change to http://
                                                                                                     ■ i. In paragraphs (e), (f) introductory              Eighth Coast Guard District.
                                             www.regulations.gov and will include
                                             any personal information you have                       text, and (g) introductory text and the               [FR Doc. 2015–32135 Filed 12–21–15; 8:45 am]
                                             provided. For more about privacy and                    headings to tables 165.830(f) and                     BILLING CODE 9110–04–P

                                             the docket, you may review a Privacy                    165.830(g), remove the text ‘‘IRVMC’’
                                             Act notice regarding the Federal Docket                 and add in its place the text ‘‘D8
                                             Management System in the March 24,                      CDCRU’’;                                              DEPARTMENT OF HOMELAND
                                                                                                     ■ j. In paragraphs (f)(9) and (g)(4),                 SECURITY
                                             2005, issue of the Federal Register (70
                                             FR 15086).                                              remove the text ‘‘IRVMC’’ and add in its
                                                                                                     place the text ‘‘District Commander or                Coast Guard
                                                Documents mentioned in this interim
                                             rule as being available in the docket,                  designated representative’’;
                                                                                                     ■ k. In paragraph (i), remove the text                33 CFR Part 165
                                             and all public comments, will be in our
                                             online docket at http://                                ‘‘the IRVMC’’ and add in its place the                [Docket Number USCG–2015–1088]
                                             www.regulations.gov and can be viewed                   text ‘‘designated representative’’; and
                                                                                                     ■ l. Amend § 165.830 by removing all                  RIN 1625–AA00
                                             by following that Web site’s
                                             instructions. Additionally, if you go to                other occurrences of the text ‘‘IRVMC’’
                                                                                                                                                           Safety Zone; Pleasure Beach Bridge,
                                             the online docket and sign up for email                 and adding, in its place, the text ‘‘D8
                                                                                                                                                           Bridgeport, CT.
                                             alerts, you will be notified when                       CDCRU’’.
                                             comments are posted or additional                          The revisions read as follows:                     AGENCY:    Coast Guard, DHS.
                                             publications or supplemental                            § 165.830 Regulated Navigation Area;                  ACTION:   Temporary final rule.
                                             information is provided.                                Reporting Requirements for Barges Loaded
                                                                                                     with Certain Dangerous Cargoes, Inland                SUMMARY:   The Coast Guard is
                                             List of Subjects in 33 CFR Part 165                     Rivers, Eight Coast Guard District.                   establishing a temporary safety zone
                                               Harbors, Marine safety, Navigation                                                                          within the Coast Guard Sector Long
                                                                                                     *      *     *      *      *
                                             (water), Reporting and recordkeeping                       (b) Enforcement and applicability. (1)             Island Sound (LIS) Captain of the Port
                                             requirements, Security measures, and                    Beginning January 1, 2016, reporting                  (COTP) Zone. This temporary final rule
                                             Waterways.                                              requirements under this RNA will be                   is necessary to provide for the safety of
                                               For the reasons discussed in the                      enforced only when directed by the                    life on navigable waters. Entry into,
                                             preamble, the Coast Guard amends 33                     District Commander or designated                      transit through, mooring or anchoring
                                             CFR part 165 as follows:                                representative under paragraphs                       within the safety zone is prohibited
                                                                                                     (d)(1)(ix), (d)(2)(iv), (f)(9), and (g)(4) of         unless authorized by COTP Sector LIS.
                                             PART 165—REGULATED NAVIGATION                           this section. Reporting points as listed              DATES: This rule is effective without
                                             AREAS AND LIMITED ACCESS AREAS                          in paragraph (e) of this section may be               actual notice from 12:01 a.m. on
                                                                                                     used to determine and inform where                    December 22, 2015 until 12 a.m. on
                                             ■ 1. The authority citation for part 165                                                                      January 01, 2016. For the purposes of
                                                                                                     reporting is required. Compliance under
                                             continues to read as follows:                                                                                 enforcement, actual notice will be used
                                                                                                     other parts of this section is stayed until
                                               Authority: Authority: 33 U.S.C. 1231; 50              a future date published in the Federal                from the date the rule was signed,
                                             U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,              Register, if determined necessary.                    December 10, 2015, until December 22,
                                             and 160.5; Department of Homeland Security                 (2) This section applies to towing                 2015.
rmajette on DSK2TPTVN1PROD with RULES




                                             Delegation No. 0170.1.
                                                                                                     vessel operators and fleeting area                    ADDRESSES: Documents mentioned in
                                             ■  2. In § 165.830:                                     managers responsible for CDC barges in                this preamble are part of docket [USCG–
                                             ■  a. Revise paragraph (b);                             the RNA. This section does not apply to:              2015–1088]. To view documents
                                             ■  b. In paragraph (c), remove the words                   (i) Towing vessel operators                        mentioned in this preamble as being
                                             ‘‘Inland River Vessel Movement Center                   responsible for barges not carrying CDCs              available in the docket, go to http://
                                             or (IRVMC)’’ and add in their place the                 barges, or                                            www.regulations.gov, type the docket


                                        VerDate Sep<11>2014   15:05 Dec 21, 2015   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\22DER1.SGM   22DER1


                                                              Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Rules and Regulations                                       79481

                                             number in the ‘‘SEARCH’’ box and click                  the effective date of this rule to await              A. Regulatory Planning and Review
                                             ‘‘SEARCH.’’ Click on Open Docket                        public comment inhibits the Coast                        E.O.s 12866 and 13563 direct agencies
                                             Folder on the line associated with this                 Guard’s ability to fulfill its statutory              to assess the costs and benefits of
                                             rulemaking. You may also visit the                      mission to protect ports, waterways and               available regulatory alternatives and, if
                                             Docket Management Facility in Room                      the maritime public.                                  regulation is necessary, to select
                                             W12–140 on the ground floor of the                         Under 5 U.S.C. 553(d)(3), and for the              regulatory approaches that maximize
                                             Department of Transportation West                       same reasons stated in the preceding                  net benefits. E.O. 13563 emphasizes the
                                             Building, 1200 New Jersey Avenue SE.,                   paragraph, the Coast Guard finds that                 importance of quantifying both costs
                                             Washington, DC 20590, between 9 a.m.                    good cause exists for making this rule                and benefits, of reducing costs, of
                                             and 5 p.m., Monday through Friday,                      effective less than 30 days after                     harmonizing rules, and of promoting
                                             except Federal holidays.                                publication in the Federal Register.                  flexibility. This rule has not been
                                             FOR FURTHER INFORMATION CONTACT: If                     III. Legal Authority and Need for Rule                designated a ‘‘significant regulatory
                                             you have questions on this rule, contact                                                                      action,’’ under E.O. 12866. Accordingly,
                                             Lieutenant Junior Grade Martin Betts,                      The legal basis for this temporary rule
                                                                                                     is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR              it has not been reviewed by the Office
                                             Prevention Department, Coast Guard                                                                            of Management and Budget. The Coast
                                             Sector Long Island Sound, telephone                     1.05–1, 6.04–1, 6.04–6, and 160.5 and
                                                                                                     Department of Homeland Security                       Guard determined that this rulemaking
                                             (203) 468–4432, email Martin.B.Betts@                                                                         is not a significant regulatory action for
                                             uscg.mil. If you have questions on                      Delegation No. 0170.1 which
                                                                                                     collectively authorize the Coast Guard                the following reasons: (1) The
                                             viewing or submitting material to the                                                                         enforcement of this safety zone will be
                                             docket, call Cheryl Collins, Program                    to define regulatory safety zones.
                                                                                                        On December 09, 2015, the Coast                    relatively short in duration; (2) persons
                                             Manager, Docket Operations, telephone                                                                         or vessels desiring to enter the safety
                                                                                                     Guard was made aware of damage
                                             (202) 366–9826.                                                                                               zone may do so with permission from
                                                                                                     sustained to Pleasure Beach Bridge,
                                             SUPPLEMENTARY INFORMATION:                                                                                    the COTP Sector LIS or a designated
                                                                                                     Bridgeport, CT that has created a hazard
                                             I. Table of Abbreviations                               to navigation. The COTP Sector LIS has                representative; (3) this safety zone is
                                                                                                     determined that the safety zone                       designed in a way to limit impacts on
                                             COTP Captain of the Port                                established by this temporary final rule              vessel traffic, permitting vessels to
                                             DHS Department of Homeland Security                     is necessary to provide for the safety of             navigate in other portions of the
                                             E.O. Executive order                                    life on navigable waterways.                          waterway not designated as a safety
                                             FR Federal Register                                                                                           zone; and (4) the Coast Guard will notify
                                             NPRM Notice of Proposed Rulemaking                      IV. Discussion of the Rule                            the public of the enforcement of this
                                             NAD 83 North American Datum 1983                                                                              rule via appropriate means, such as via
                                                                                                       The safety zone established by this
                                                                                                     rule will cover all navigable waters of               Local Notice to Mariners and Broadcast
                                             II. Background Information and                                                                                Notice to Mariners to increase public
                                                                                                     the entrance channel to Johnsons Creek
                                             Regulatory History                                                                                            awareness of this safety zone.
                                                                                                     in the vicinity of Pleasure Beach Bridge,
                                                This rulemaking establishes a safety                 Bridgeport, CT. This safety zone will be              B. Impact on Small Entities
                                             zone for the waters around Pleasure                     bound inside an area that starts at a
                                             Beach Bridge, Bridgeport, CT.                           point on land at position 41–10.2N,                      The Regulatory Flexibility Act of 1980
                                             Corresponding regulatory history is                     073–10.7W and then east along the                     (RFA), 5 U.S.C. 601–612, as amended,
                                             discussed below.                                        shoreline to a point on land at position              requires federal agencies to consider the
                                                The Coast Guard was made aware of                    41–9.57N, 073–9.54W and then south                    potential impact of regulations on small
                                             damage sustained to Pleasure Beach                      across the channel to a point on land at              entities during rulemaking. The term
                                             Bridge, the result of which created a                   position 41–9.52N, 073–9.58W and then                 ‘‘small entities’’ comprises small
                                             hazard to navigation.                                   west along the shoreline to a point on                businesses, not-for-profit organizations
                                                The Coast Guard is issuing this                      land at position 41–9.52N, 073–10.5W                  that are independently owned and
                                             temporary final rule without prior                      and then north across the channel back                operated and are not dominant in their
                                             notice and opportunity to comment                       to the point of origin.                               fields, and governmental jurisdictions
                                             pursuant to authority under section 4(a)                  This rule prevents vessels from                     with populations of less than 50,000.
                                             of the Administrative Procedure Act                     entering, transiting, mooring, or                     The Coast Guard certifies under 5 U.S.C.
                                             (APA) (5 U.S.C. 553(b)). This provision                 anchoring within the area specifically                605(b) that this rule will not have a
                                             authorizes an agency to issue a rule                    designated as a safety zone during the                significant economic impact on a
                                             without prior notice and opportunity to                 period of enforcement unless authorized               substantial number of small entities.
                                             comment when the agency for good                        by the COTP or designated                                This temporary final rule will affect
                                             cause finds that those procedures are                   representative.                                       the following entities, some of which
                                             ‘‘impracticable, unnecessary, or contrary                 The Coast Guard will notify the                     may be small entities: The owners or
                                             to the public interest.’’ Under 5 U.S.C.                public and local mariners of this safety              operators of vessels intending to enter,
                                             553(b)(B), the Coast Guard finds that                   zone through appropriate means, which                 transit, anchor, or moor within a safety
                                             good cause exists for not publishing an                 may include, but are not limited to,                  zone during the period of enforcement,
                                             NPRM with respect to this rule because                  publication in the Federal Register, the              from December 10, 2015 to January 1,
                                             doing so would be impracticable and                     Local Notice to Mariners, and Broadcast               2016. However, this temporary final rule
                                             contrary to the public interest. There is               Notice to Mariners.                                   will not have a significant economic
                                             insufficient time to publish an NPRM                                                                          impact on a substantial number of small
                                             and solicit comments from the public                    V. Regulatory Analyses                                entities for the same reasons discussed
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                                             before establishing a safety zone to                      We developed this rule after                        in the Regulatory Planning and Review
                                             address an existing hazard to                           considering numerous statutes and                     section.
                                             navigation. The nature of the                           E.O.s related to rulemaking. Below we                    Under section 213(a) of the Small
                                             navigational hazard requires the                        summarize our analyses based on these                 Business Regulatory Enforcement
                                             immediate establishment of a safety                     statutes and E.O.s and we discuss First               Fairness Act of 1996 (Pub. L. 104–121),
                                             zone. Publishing an NPRM and delaying                   Amendment rights of protestors.                       we want to assist small entities in


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                                             79482            Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Rules and Regulations

                                             understanding this proposed rule. If the                particular, the Act addresses actions                 § 165.T01–1088 Safety Zone; Pleasure
                                             rule would affect your small business,                  that may result in the expenditure by a               Beach Bridge, Bridgeport, CT.
                                             organization, or governmental                           State, local, or tribal government, in the               (a) Location. The following area is a
                                             jurisdiction and you have questions                     aggregate, or by the private sector of                safety zone: All navigable waters of the
                                             concerning its provisions or options for                $100,000,000 (adjusted for inflation) or              entrance channel to Johnsons Creek in
                                             compliance, please contact the person                   more in any one year. Though this rule                the vicinity of Pleasure Beach Bridge,
                                             listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,               Bridgeport, CT bound inside an area
                                             CONTACT, above.                                         we do discuss the effects of this rule                that starts at a point on land at position
                                                Small businesses may send comments                   elsewhere in this preamble.                           41–10.2N, 073–10.7W and then east
                                             on the actions of Federal employees                                                                           along the shoreline to a point on land
                                             who enforce, or otherwise determine                     F. Environment
                                                                                                                                                           at position 41–9.57N, 073–9.54W and
                                             compliance with, Federal regulations to                   We have analyzed this rule under                    then south across the channel to a point
                                             the Small Business and Agriculture                      Department of Homeland Security                       on land at position 41–9.52N, 073–
                                             Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       9.58W and then west along the
                                             and the Regional Small Business                         Commandant Instruction M16475.lD,                     shoreline to a point on land at position
                                             Regulatory Fairness Boards. The                         which guide the Coast Guard in                        41–9.52N, 073–10.5W and then north
                                             Ombudsman evaluates these actions                       complying with the National                           across the channel back to the point of
                                             annually and rates each agency’s                        Environmental Policy Act of 1969 (42                  origin.
                                             responsiveness to small business. If you                U.S.C. 4321–4370f), and have
                                             wish to comment on actions by                           determined that this action is one of a                  (b) Enforcement period. This rule will
                                             employees of the Coast Guard, call 1–                   category of actions that do not                       be enforced from 12 p.m. on December
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   10, 2015, to 12 a.m. on January 1, 2016.
                                             Coast Guard will not retaliate against                  significant effect on the human                          (c) Definitions. The following
                                             small entities that question or complain                environment. This temporary rule                      definitions apply to this section: A
                                             about this proposed rule or any policy                  involves the establishment of a safety                ‘‘designated representative’’ is any Coast
                                             or action of the Coast Guard.                           zone. It is categorically excluded from               Guard commissioned, warrant or petty
                                             C. Collection of Information                            further review under paragraph 34(g) of               officer of the U.S. Coast Guard who has
                                                                                                     Figure 2–1 of the Commandant                          been designated by the COTP, Sector
                                               This rule will not call for a new                     Instruction. An environmental analysis                Long Island Sound, to act on his or her
                                             collection of information under the                     checklist supporting this determination               behalf. The designated representative
                                             Paperwork Reduction Act of 1995 (44                     and a Categorical Exclusion                           may be on an official patrol vessel or
                                             U.S.C. 3501–3520).                                      Determination, and EA Checklist, WILL                 may be on shore and will communicate
                                             D. Federalism and Indian Tribal                         BE in the docket for review. We seek                  with vessels via VHF–FM radio or
                                             Governments                                             any comments or information that may                  loudhailer. ‘‘Official patrol vessels’’ may
                                                                                                     lead to the discovery of a significant                consist of any Coast Guard, Coast Guard
                                                A rule has implications for federalism                                                                     Auxiliary, state, or local law
                                                                                                     environmental impact from this rule.
                                             under E.O. 13132, Federalism, if it has                                                                       enforcement vessels assigned or
                                             a substantial direct effect on the States,              G. Protest Activities                                 approved by the COTP Sector Long
                                             on the relationship between the national                  The Coast Guard respects the First                  Island Sound. In addition, members of
                                             government and the States, or on the                    Amendment rights of protesters.                       the Coast Guard Auxiliary may be
                                             distribution of power and                               Protesters are asked to contact the                   present to inform vessel operators of
                                             responsibilities among the various                      person listed in the FOR FURTHER                      this regulation.
                                             levels of government. We have analyzed                  INFORMATION CONTACT section to
                                             this rule under that Order and have                                                                              (a) Regulations. (1) The general
                                                                                                     coordinate protest activities so that your            regulations contained in 33 CFR 165.23
                                             determined that it is consistent with the               message can be received without
                                             fundamental federalism principles and                                                                         apply.
                                                                                                     jeopardizing the safety or security of
                                             preemption requirements described in                                                                             (2) In accordance with the general
                                                                                                     people, places or vessels.
                                             E.O. 13132. Also, this rule does not have                                                                     regulations in 33 CFR 165.23, entry into
                                             tribal implications under E.O. 13175,                   List of Subjects in 33 CFR Part 165                   or movement within this zone is
                                             Consultation and Coordination with                        Harbors, Marine safety, Navigation                  prohibited unless authorized by the
                                             Indian Tribal Governments, because it                   (water), Reporting and record keeping                 Captain of the Port, Long Island Sound.
                                             does not have a substantial direct effect               requirements, Security Measures, and                     (3) Operators of vessels desiring to
                                             on one or more Indian tribes, on the                    Waterways.                                            enter or operate within the safety zone
                                             relationship between the Federal                                                                              should contact the COTP Sector Long
                                             Government and Indian tribes, or on the                   For the reasons discussed in the
                                                                                                     preamble, the Coast Guard amends 33                   Island Sound at 203–468–4401 (Sector
                                             distribution of power and                                                                                     LIS command center) or the designated
                                             responsibilities between the Federal                    CFR part 165 as follows:
                                                                                                                                                           representative via VHF channel 16 to
                                             Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION                         obtain permission to do so.
                                             believe this rule has implications for                  AREAS AND LIMITED ACCESS AREAS                           (4) Any vessel given permission to
                                             federalism or Indian tribes, please
                                                                                                                                                           enter or operate in the safety zone must
                                             contact the person listed in the FOR                    ■ 1. The authority citation for Part 165              comply with all directions given to
                                             FURTHER INFORMATION CONTACT section                     continues to read as follows:                         them by the COTP Sector Long Island
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                                             above.
                                                                                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Sound, or the designated on-scene
                                             E. Unfunded Mandates Reform Act                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 and          representative.
                                                                                                     Department of Homeland Security Delegation
                                               The Unfunded Mandates Reform Act                      No. 0170.1                                               (5) Upon being hailed by a U.S. Coast
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                         Guard vessel by siren, radio, flashing
                                             Federal agencies to assess the effects of               ■ 2. Add § 165.T01–1088 to read as                    light or other means, the operator of the
                                             their discretionary regulatory actions. In              follows:                                              vessel shall proceed as directed.


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                                                              Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Rules and Regulations                                        79483

                                               Dated: December 10, 2015.                             medications directly provided to the                  Regulatory Flexibility Act
                                             E.J. Cubanski, III,                                     veteran or administered to the veteran                  The Secretary hereby certifies that
                                             Captain, U.S. Coast Guard, Captain of the               as part of the emergency treatment are                this final rule will not have a significant
                                             Port Sector Long Island Sound.                          covered. VA has determined that the                   economic impact on a substantial
                                             [FR Doc. 2015–32133 Filed 12–21–15; 8:45 am]            language ‘‘provided directly to the                   number of small entities as they are
                                             BILLING CODE 9110–04–P                                  patient’’ is vague inasmuch as it does                defined in the Regulatory Flexibility
                                                                                                     not clearly indicate that it also extends             Act, 5 U.S.C. 601–612. This final rule
                                                                                                     to a short course of necessary                        directly affects only individuals and
                                             DEPARTMENT OF VETERANS                                  medication provided to the veteran by                 will not directly affect small entities.
                                             AFFAIRS                                                 way of a prescription that is written or              Therefore, pursuant to 5 U.S.C. 605(b),
                                                                                                     called in to an outpatient or commercial              this rulemaking is exempt from the
                                             38 CFR Part 17                                          pharmacy by the emergency non-VA                      initial and final regulatory flexibility
                                                                                                     provider with instructions to the                     analysis requirements of 5 U.S.C. 603
                                             RIN 2900–AP34
                                                                                                     veteran-patient to obtain and use the                 and 604.
                                             Payment of Emergency Medication by                      medication post-discharge, as directed.
                                                                                                        On July 27, 2015, we proposed to                   Executive Orders 12866 and 13563
                                             VA
                                                                                                     amend §§ 17.120(b) and 17.1002 to                        Executive Orders 12866 and 13563
                                             AGENCY:  Department of Veterans Affairs.                address this issue. See 80 FR 44318. We               direct agencies to assess the costs and
                                             ACTION: Final rule.                                     proposed amending § 17.120(b) to                      benefits of available regulatory
                                                                                                     clarify that VA reimburses the cost of a              alternatives and, when regulation is
                                             SUMMARY:    The Department of Veterans                  short course of medication prescribed                 necessary, to select regulatory
                                             Affairs (VA) is amending its medical                    for the veteran at the time that the                  approaches that maximize net benefits
                                             regulations that govern reimbursement                   veteran was receiving emergency                       (including potential economic,
                                             of emergency treatment provided by                      treatment, by stating that emergency                  environmental, public health and safety
                                             non-VA medical care providers. VA is                    treatment includes ‘‘a short course of                effects, and other advantages;
                                             clarifying its regulations insofar as it                medication related to and necessary for               distributive impacts; and equity).
                                             involves the reimbursement of                           the treatment of the emergency                        Executive Order 13563 (Improving
                                             medications prescribed or provided to                   condition that is provided directly to or             Regulation and Regulatory Review)
                                             the veteran during the episode of non-                  prescribed for the patient for use after              emphasizes the importance of
                                             VA emergency treatment.                                 the emergency condition is stabilized                 quantifying both costs and benefits,
                                             DATES: This regulation is effective                     and the patient is discharged.’’ We                   reducing costs, harmonizing rules, and
                                             January 21, 2016.                                       proposed making a similar amendment                   promoting flexibility. Executive Order
                                             FOR FURTHER INFORMATION CONTACT:                        to the introductory paragraph of                      12866 (Regulatory Planning and
                                             Kristin J. Cunningham, Director,                        § 17.1002. The proposed amendments in                 Review) defines a ‘‘significant
                                             Business Policy, Chief Business Office                  this rulemaking are consistent with                   regulatory action,’’ which requires
                                             (10NB6), Veterans Health                                current VA policy and help ensure our                 review by the Office of Management and
                                             Administration, Department of Veterans                  regulations are not interpreted more                  Budget (OMB) unless OMB waives such
                                             Affairs, 810 Vermont Ave. NW.,                          narrowly than VA intends.                             review, as ‘‘any regulatory action that is
                                             Washington, DC 20420; (202) 382–2508.                      We provided a 60-day comment                       likely to result in a rule that may: (1)
                                             (This is not a toll-free number.)                       period, which ended on September 25,                  Have an annual effect on the economy
                                             SUPPLEMENTARY INFORMATION: VA is                        2015. We received 1 comment in                        of $100 million or more or adversely
                                             authorized under 38 U.S.C. 1725 to                      support of the proposed rule. Based on                affect in a material way the economy, a
                                             reimburse an eligible veteran (or the                   the rationale set forth in the                        sector of the economy, productivity,
                                             provider of the emergency treatment or                  Supplementary Information to the                      competition, jobs, the environment,
                                             another person or entity who paid such                  proposed rule and in this final rule, VA              public health or safety, or State, local,
                                             expenses on the veteran’s behalf) for the               is adopting the proposed rule as a final              or tribal governments or communities;
                                             reasonable value of emergency                           rule with no changes.                                 (2) Create a serious inconsistency or
                                             treatment furnished to the Veteran at a                                                                       otherwise interfere with an action taken
                                                                                                     Effect of Rulemaking
                                             non-VA medical facility. Under 38                                                                             or planned by another agency; (3)
                                             U.S.C. 1728, VA is authorized to                          Title 38 of the Code of Federal                     Materially alter the budgetary impact of
                                             reimburse eligible veterans (or the                     Regulations, as revised by this final                 entitlements, grants, user fees, or loan
                                             provider of the emergency treatment or                  rulemaking, represents VA’s                           programs or the rights and obligations of
                                             another person or entity who paid such                  implementation of its legal authority on              recipients thereof; or (4) Raise novel
                                             expenses on the veteran’s behalf) for the               this subject. Other than future                       legal or policy issues arising out of legal
                                             customary and usual charges of non-VA                   amendments to this regulation or                      mandates, the President’s priorities, or
                                             emergency treatment furnished to the                    governing statutes, no contrary guidance              the principles set forth in this Executive
                                             veteran.                                                or procedures are authorized. All                     Order.’’
                                                Current VA regulations implementing                  existing or subsequent VA guidance                       The economic, interagency,
                                             38 U.S.C. 1725 and 1728 each state that                 must be read to conform with this                     budgetary, legal, and policy
                                             covered emergency treatment includes                    rulemaking if possible or, if not                     implications of this regulatory action
                                             ‘‘medication, including a short course of               possible, such guidance is superseded                 have been examined, and it has been
                                             medication related to and necessary for                 by this rulemaking.                                   determined not to be a significant
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                                             the treatment of the emergency                                                                                regulatory action under Executive Order
                                                                                                     Paperwork Reduction Act
                                             condition that is provided directly to                                                                        12866. VA’s impact analysis can be
                                             the patient for use after the emergency                   This final rule contains no provisions              found as a supporting document at
                                             condition is stabilized and the patient is              constituting a collection of information              http://www.regulations.gov, usually
                                             discharged.’’ See 38 CFR 17.120(b) and                  under the Paperwork Reduction Act of                  within 48 hours after the rulemaking
                                             17.1002. It is undisputed that                          1995 (44 U.S.C. 3501–3521).                           document is published. Additionally, a


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Document Created: 2015-12-22 02:31:24
Document Modified: 2015-12-22 02:31:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from 12:01 a.m. on December 22, 2015 until 12 a.m. on January 01, 2016. For the purposes of enforcement, actual notice will be used from the date the rule was signed, December 10, 2015, until December 22, 2015.
ContactIf you have questions on this rule, contact Lieutenant Junior Grade Martin Betts, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4432, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 79480 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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