81 FR 48329 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range		48329-48331
FR Document		2016-17543

The Coast Guard is establishing a temporary safety zone on the navigable waters of Pleasure Beach, Bridgeport, CT for Pleasure Beach Bridge. This temporary safety zone is necessary to provide for the safety of life on navigable waters. This regulation prohibits entry into, transit through, mooring or anchoring within the safety zone unless authorized by Captain of the Port (COTP), Sector Long Island Sound.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48329-48331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17543]


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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.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Pleasure Beach, Bridgeport, CT for Pleasure Beach 
Bridge. This temporary safety zone is necessary to provide for the 
safety of life on navigable waters. This regulation prohibits entry 
into, transit through, mooring or anchoring within the safety zone 
unless authorized by Captain of the Port (COTP), Sector Long Island 
Sound.

DATES: This rule is effective without actual notice from July 25, 2016 
until December 31, 2016. For the purposes of enforcement, actual notice 
from July 1, 2016 until July 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1088 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, 
contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast 
Guard Sector Long Island Sound, telephone (203) 468-4446, email 
[email protected]

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    The Coast Guard was made aware of damage to Pleasure Beach Bridge 
which creates a hazard to navigation. A temporary final rule entitled, 
``Safety Zone; Pleasure Beach Bridge, Bridgeport, CT'' was published in 
the Federal Register (80 FR 79480).
    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, given the imminent conclusion 
of the previous safety zone and the ongoing repairs. This rule is 
necessary to protect the safety of waterway users.
    We are issuing this rule, and 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.
    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. After further analysis of the bridge structure, 
the Coast Guard concluded that the overall condition of the structure 
created a continued 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 prohibits 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 
executive orders related to rulemaking. Below we summarize our analyses 
based on 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 13563 emphasizes the

[[Page 48330]]

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 Executive 
Order 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) 
persons or vessels desiring to enter the safety zone may do so with 
permission from the COTP Sector LIS or a designated representative; and 
2) 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, 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 (Public Law 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 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 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. 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, 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 
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:  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.T01-0503 to read as follows:


Sec.  165.T01-0503  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[deg]10'02.964'' N., 
073[deg]10'08.148'' W. and then east along the shoreline to a point on 
land at position 41[deg]09'57.996'' N., 073[deg]09'54.324'' W. and then 
south across the channel to a point on land at position 
41[deg]09'52.524'' N., 073[deg]09'58.861'' W. and then west along the 
shoreline to a point on land at position 41[deg]09'52.776'' N., 
073[deg]10'04.944'' W. and then north across the channel back to the 
point of origin.

[[Page 48331]]

    (b) Enforcement period. This rule will be enforced from 12:00 a.m. 
on July 1, 2016 to 12:00 a.m. January 1, 2017.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any commissioned, warrant, or petty 
officer of the U.S. Coast Guard who has been designated by the Captain 
of the Port (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.
    (d) Regulations. (1) The general regulations contained in Sec.  
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23, 
entry into or movement within this zone is prohibited unless authorized 
by the COTP, Long Island Sound.
    (3) Operators desiring to enter or operate within the safety zone 
should contact the COTP Sector Long Island Sound at 203-468-4401 
(Sector Sector Long Island Sound 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.

    Dated: June 28, 2016.
E. J. Cubanski, III,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-17543 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P

48330 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations

importance of quantifying both costs employees of the Coast Guard, call 1– determined that this action is one of a
and benefits, of reducing costs, of 888–REG–FAIR (1–888–734–3247). The category of actions that do not
harmonizing rules, and of promoting Coast Guard will not retaliate against individually or cumulatively have a
flexibility. This rule has not been small entities that question or complain significant effect on the human
designated a ‘‘significant regulatory about this proposed rule or any policy environment. This temporary rule
action,’’ under Executive Order 12866. or action of the Coast Guard. involves the establishment of a safety
Accordingly, it has not been reviewed zone. It is categorically excluded from
by the Office of Management and C. Collection of Information
further review under paragraph 34(g) of
Budget. The Coast Guard determined This rule will not call for a new Figure 2–1 of the Commandant
that this rulemaking is not a significant collection of information under the Instruction. An environmental analysis
regulatory action for the following Paperwork Reduction Act of 1995 (44 checklist supporting this determination,
reasons: 1) persons or vessels desiring to U.S.C. 3501–3520). a Categorical Exclusion Determination,
enter the safety zone may do so with D. Federalism and Indian Tribal and EA Checklist, will be in the docket
permission from the COTP Sector LIS or Governments for review. We seek any comments or
a designated representative; and 2) the information that may lead to the
Coast Guard will notify the public of the A rule has implications for federalism discovery of a significant environmental
enforcement of this rule via appropriate under Executive Order 13132, impact from this rule.
means, such as via Local Notice to Federalism, if it has a substantial direct
Mariners and Broadcast Notice to effect on the States, on the relationship G. Protest Activities
Mariners to increase public awareness between the national government and The Coast Guard respects the First
of this safety zone. the States, or on the distribution of Amendment rights of protesters.
power and responsibilities among the Protesters are asked to contact the
B. Impact on Small Entities various levels of government. We have person listed in the FOR FURTHER
The Regulatory Flexibility Act of analyzed this rule under that order and INFORMATION CONTACT section to
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent coordinate protest activities so that your
requires Federal agencies to consider with the fundamental federalism message can be received without
the potential impact of regulations on principles and preemption requirements jeopardizing the safety or security of
small entities during rulemaking. The described in Executive Order 13132. people, places, or vessels.
term ‘‘small entities’’ comprises small Also, this rule does not have tribal
businesses, not-for-profit organizations implications under Executive Order List of Subjects in 33 CFR Part 165
that are independently owned and 13175, Consultation and Coordination Harbors, Marine safety, Navigation
operated and are not dominant in their with Indian Tribal Governments, (water), Reporting and recordkeeping
fields, and governmental jurisdictions because it does not have a substantial requirements, Security measures,
with populations of less than 50,000. direct effect on one or more Indian Waterways.
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the For the reasons discussed in the
605(b) that this rule will not have a Federal Government and Indian tribes, preamble, the Coast Guard amends 33
significant economic impact on a or on the distribution of power and CFR part 165 as follows:
substantial number of small entities. responsibilities between the Federal
While some owners or operators of Government and Indian tribes. If you PART 165—REGULATED NAVIGATION
vessels intending to transit the safety believe this rule has implications for AREAS AND LIMITED ACCESS AREAS
zone may be small entities, for the federalism or Indian tribes, please
reasons stated in section V.A above, this contact the person listed in the FOR ■ 1. The authority citation for part 165
rule will not have a significant FURTHER INFORMATION CONTACT section continues to read as follows:
economic impact on any vessel owner above. Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
or operator. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Under section 213(a) of the Small E. Unfunded Mandates Reform Act and Department of Homeland Security
Business Regulatory Enforcement The Unfunded Mandates Reform Act Delegation No. 0170.1.
Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T01–0503 to read as
121), we want to assist small entities in Federal agencies to assess the effects of follows:
understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, particular, the Act addresses actions § 165.T01–0503 Safety Zone; Pleasure
organization, or governmental that may result in the expenditure by a Beach Bridge, Bridgeport, CT.
jurisdiction and you have questions State, local, or tribal government, in the (a) Location. The following area is a
concerning its provisions or options for aggregate, or by the private sector of safety zone: All navigable waters of the
compliance, please contact the person $100,000,000 (adjusted for inflation) or entrance channel to Johnsons Creek in
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule the vicinity of Pleasure Beach Bridge,
CONTACT section. will not result in such an expenditure, Bridgeport, CT bound inside an area
Small businesses may send comments we do discuss the effects of this rule that starts at a point on land at position
on the actions of Federal employees elsewhere in this preamble. 41°10′02.964″ N., 073°10′08.148″ W. and
who enforce, or otherwise determine then east along the shoreline to a point
compliance with, Federal regulations to F. Environment on land at position 41°09′57.996″ N.,
asabaliauskas on DSK3SPTVN1PROD with RULES

the Small Business and Agriculture We have analyzed this rule under 073°09′54.324″ W. and then south
Regulatory Enforcement Ombudsman Department of Homeland Security across the channel to a point on land at
and the Regional Small Business Management Directive 023–01 and position 41°09′52.524″ N.,
Regulatory Fairness Boards. The Commandant Instruction M16475.lD, 073°09′58.861″ W. and then west along
Ombudsman evaluates these actions which guide the Coast Guard in the shoreline to a point on land at
annually and rates each agency’s complying with the National position 41°09′52.776″ N.,
responsiveness to small business. If you Environmental Policy Act of 1969 (42 073°10′04.944″ W. and then north across
wish to comment on actions by U.S.C. 4321–4370f), and have the channel back to the point of origin.

VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1

Document Created: 2016-07-23 02:00:26
Document Modified: 2016-07-23 02:00:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from July 25, 2016 until December 31, 2016. For the purposes of enforcement, actual notice from July 1, 2016 until July 25, 2016.
Contact		If you have questions on this rule, contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4446, email [email protected]
FR Citation		81 FR 48329
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 48329 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 142 (July 25, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard