82_FR_35801 82 FR 35655 - Safety Zone; Pleasure Beach Piers, Bridgeport, CT

82 FR 35655 - Safety Zone; Pleasure Beach Piers, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 146 (August 1, 2017)

Page Range35655-35657
FR Document2017-16165

The Coast Guard is establishing a temporary safety zone on the navigable waters of Pleasure Beach, Bridgeport, CT for the Pleasure Beach Piers. 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 Captain of the Port (COTP) Long Island Sound.

Federal Register, Volume 82 Issue 146 (Tuesday, August 1, 2017)
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35655-35657]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16165]


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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 Piers, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Pleasure Beach, Bridgeport, CT for the Pleasure 
Beach Piers. 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 Captain of the Port (COTP) Long Island Sound.

DATES: This rule is effective without actual notice from August 1, 2017 
until June 30, 2018. For the purposes of enforcement, actual notice 
will be used from July 1, 2017 until August 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1088 and USCG-2015-1123 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 Katherine Linnick,

[[Page 35656]]

Prevention Department, U.S. Coast Guard Sector Long Island Sound, 
telephone (203) 468-4565, 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
NAD83 North American Datum 1983

II. Background Information and Regulatory History

    This rulemaking establishes a safety zone for the waters around the 
Pleasure Beach Piers, Bridgeport, CT. Corresponding regulatory history 
is discussed below.
    The Coast Guard was made aware on December 9, 2015, of damage to 
Pleasure Beach Bridge, the result of which created a hazard to 
navigation. On December 22, 2015, the Coast Guard published a temporary 
final rule entitled, ``Safety Zone; Pleasure Beach Bridge, Bridgeport, 
CT'' in the Federal Register (80 FR 79480). On June 23, 2016, the Coast 
Guard published a second temporary final rule entitled, ``Safety Zone; 
Pleasure Beach Bridge, Bridgeport, CT'' in the Federal Register (81 FR 
40814). On July 25, 2016, the Coast Guard published a third temporary 
final rule entitled, ``Safety Zone; Pleasure Beach Bridge, Bridgeport, 
CT'' in the Federal Register (81 FR 48329). On January 19, 2017, the 
Coast Guard published a fourth temporary final rule entitled, ``Safety 
Zone; Pleasure Beach Bridge, Bridgeport, CT'' in the Federal Register 
(82 FR 6250).
    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. A solution to remedy the safety hazards associated with this 
structure was initially projected to be completed prior to the 
expiration of the current safety zone, but has been delayed. It would 
be impracticable and contrary to the public interest to delay 
promulgating this rule, as it 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 9, 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 
restricts, endangers, and interferes with navigation. The COTP 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 the 
Pleasure Beach Piers, Bridgeport, CT. This safety zone will be bound 
inside an area that starts at a point on land at position 41-10.2 N., 
073-10.7 W. and then east along the shoreline to a point on land at 
position 41-9.57 N., 073-9.54 W. and then south across the channel to a 
point on land at position 41-9.52 N., 073-9.58 W. and then west along 
the shoreline to a point on land at position 41-9.52 N., 073-10.5 W. 
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 
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 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 LIS or a designated representative; and (2) the Coast 
Guard will notify the public 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 (Pub. L. 104-121), we want 
to assist small entities in understanding this rule. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 35657]]

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 of limited 
duration. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration (REC) for Categorically Excluded Actions 
will be available in the docket where indicated under ADDRESSES. 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, 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 Piers, 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 the 
Pleasure Beach Piers, 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.
    (b) Enforcement period. This rule will be enforced from 12 a.m. on 
July 1, 2017 to 12 a.m. June 30, 2018.
    (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) 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 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 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 COTP Long Island Sound.
    (3) Operators desiring to enter or operate within the safety zone 
should contact the COTP Long Island Sound at 203-468-4401 (Coast Guard 
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 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 30, 2017.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island 
Sound.
[FR Doc. 2017-16165 Filed 7-31-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations                                                35655

                                                412–221–0807, email                                      actual notice will be used from 12:01                 for vessels unable to pass through the
                                                Jennifer.L.Haggins@uscg.mil.                             a.m. on July 31, 2017 until August 1,                 bridge when in the closed position.
                                                SUPPLEMENTARY INFORMATION: The Coast                     2017.                                                    The Coast Guard will also inform the
                                                Guard will enforce a special local                       ADDRESSES: The docket for this                        users of the waterways through our
                                                regulation for the annual SUP3Rivers                     deviation, [USCG–2017–0517] is                        Local and Broadcast Notices to Mariners
                                                the Southside Outside event listed in 33                 available at http://www.regulations.gov.              of the change in operating schedule for
                                                CFR 100.801, Table 1, line 29, from 6:30                 Type the docket number in the                         the bridge so that vessel operators can
                                                a.m. through 11:30 a.m. on September 2,                  ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  arrange their transits to minimize any
                                                2017. Entry into the regulated area is                   Click on Open Docket Folder on the line               impact caused by this temporary
                                                prohibited unless authorized by the                      associated with this deviation.                       deviation.
                                                Captain of the Port Marine Safety Unit                   FOR FURTHER INFORMATION CONTACT: If                      In accordance with 33 CFR 117.35(e),
                                                Pittsburgh (COTP) or a designated                        you have questions on this temporary                  the drawbridge must return to its regular
                                                representative. Persons or vessels                       deviation, call or email James L.                     operating schedule immediately at the
                                                desiring to enter into or pass through                   Rousseau, Bridge Management                           end of the effective period of this
                                                the area must request permission from                    Specialist, First District Bridge Branch,             temporary deviation. This deviation
                                                the COTP or a designated                                 U.S. Coast Guard; telephone 617–223–                  from the operating regulations is
                                                representative. If permission is granted,                8619, email James.L.Rousseau2@                        authorized under 33 CFR 117.35.
                                                all persons and vessels shall comply                     uscg.mil.                                               Dated: July 26, 2017.
                                                with the instructions of the COTP or                                                                           Christopher. J. Bisignano,
                                                                                                         SUPPLEMENTARY INFORMATION: On June
                                                designated representative.                                                                                     Supervisory Bridge Management Specialist,
                                                                                                         23, 2017, the Coast Guard published a
                                                   This notice of enforcement is issued                                                                        First Coast Guard District.
                                                                                                         temporary deviation entitled
                                                under authority of 33 CFR 100.801 and
                                                                                                         ‘‘Drawbridge Operation Regulation;                    [FR Doc. 2017–16084 Filed 7–31–17; 8:45 am]
                                                5 U.S.C. 552 (a). In addition to this
                                                                                                         Thames River, New London, CT’’ in the                 BILLING CODE 9110–04–P
                                                notice in the Federal Register, the Coast
                                                                                                         Federal Register (82 FR 28552). Under
                                                Guard will provide the maritime
                                                                                                         that temporary deviation, between July
                                                community with advance notification of                                                                         DEPARTMENT OF HOMELAND
                                                                                                         31, 2017 and September 12, 2017, the
                                                this enforcement period via Local                                                                              SECURITY
                                                                                                         draw of the Amtrak Bridge would
                                                Notice to Mariners and updates via
                                                                                                         require a two hour advance notice for
                                                Marine Information Broadcasts.                                                                                 Coast Guard
                                                                                                         openings during nighttime hours.
                                                  Dated: July 25, 2017.                                     Amtrak, the owner of the bridge,
                                                L. McClain, Jr.,                                         requested a modification of the                       33 CFR Part 165
                                                Commander, U.S. Coast Guard, Captain of                  currently published deviation in order                [Docket Number USCG–2015–1088]
                                                the Port Marine Safety Unit Pittsburgh.                  to facilitate installation of a lift span
                                                [FR Doc. 2017–16151 Filed 7–31–17; 8:45 am]              emergency generator. Due to delays in                 RIN 1625–AA00
                                                BILLING CODE 9110–04–P                                   manufacturing Amtrak has requested
                                                                                                         that the temporary deviation be                       Safety Zone; Pleasure Beach Piers,
                                                                                                         modified to allow the Amtrak Bridge to                Bridgeport, CT
                                                DEPARTMENT OF HOMELAND                                   require a 2 hour advance notice between               AGENCY:    Coast Guard, DHS.
                                                SECURITY                                                 9 p.m. and 7 a.m. from July 31, 2017 to
                                                                                                                                                               ACTION:   Temporary final rule.
                                                                                                         September 30, 2017, while a crane barge
                                                Coast Guard                                              is present next to the lift span. The                 SUMMARY:   The Coast Guard is
                                                                                                         presence of the crane barge reduces the               establishing a temporary safety zone on
                                                33 CFR Part 117                                          horizontal clearance to 70 feet.                      the navigable waters of Pleasure Beach,
                                                [Docket No. USCG–2017–0517]
                                                                                                         Additionally, between July 31, 2017 and               Bridgeport, CT for the Pleasure Beach
                                                                                                         September 10, 2017, the lift span will be             Piers. This temporary final rule is
                                                Drawbridge Operation Regulation;                         in the down position during daytime                   necessary to provide for the safety of life
                                                Thames River, New London, CT                             hours but will be able to open when                   on navigable waters. Entry into, transit
                                                                                                         requested.                                            through, mooring, or anchoring within
                                                AGENCY: Coast Guard, DHS.                                   The Amtrak Bridge across the Thames                the safety zone is prohibited unless
                                                ACTION:Notice of deviation from                          River, mile 3.0 at New London,                        authorized by Captain of the Port
                                                drawbridge regulation; modification.                     Connecticut has a horizontal clearance                (COTP) Long Island Sound.
                                                                                                         of 150 feet and a vertical clearance of 29
                                                SUMMARY:   The Coast Guard has modified                                                                        DATES: This rule is effective without
                                                                                                         feet at mean high water and 31 feet at
                                                a temporary deviation from the                           mean low water in the closed position.                actual notice from August 1, 2017 until
                                                operating schedule that governs the                      The bridge has a vertical clearance of 75             June 30, 2018. For the purposes of
                                                Amtrak Bridge across Thames River,                       feet in the intermediate raised position              enforcement, actual notice will be used
                                                mile 3.0, at New London, CT. This                        and 135 feet in the fully open position               from July 1, 2017 until August 1, 2017.
                                                action is necessary to complete                          at mean high water. The existing                      ADDRESSES: To view documents
                                                installation of an emergency generator.                  drawbridge operating regulations are                  mentioned in this preamble as being
                                                This modified deviation allows the                       listed at 33 CFR 117.224. The waterway                available in the docket, go to http://
                                                bridge to require a two hour advance                     is transited by recreational traffic,                 www.regulations.gov, type USCG–2015–
                                                notice for openings during nighttime
mstockstill on DSK30JT082PROD with RULES




                                                                                                         commercial vessels, ferries, and military             1088 and USCG–2015–1123 in the
                                                hours.                                                   vessels. Vessels that can pass under the              ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                DATES: The modified deviation                            bridge without an opening may do so at                Click on Open Docket Folder on the line
                                                published on June 23, 2017 (82 FR                        all times. When the barge is located next             associated with this rule.
                                                28552) is effective from August 1, 2017                  to the lift span, the bridge will not be              FOR FURTHER INFORMATION CONTACT: If
                                                through 12:01 a.m. on September 30,                      able to open immediately for                          you have questions on this rule, contact
                                                2017. For the purposes of enforcement,                   emergencies. There is no alternate route              Petty Officer Katherine Linnick,


                                           VerDate Sep<11>2014   17:30 Jul 31, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\01AUR1.SGM   01AUR1


                                                35656             Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations

                                                Prevention Department, U.S. Coast                        interest to delay promulgating this rule,             A. Regulatory Planning and Review
                                                Guard Sector Long Island Sound,                          as it is necessary to protect the safety of              Executive Orders 12866 and 13563
                                                telephone (203) 468–4565, email                          waterway users.                                       direct agencies to assess the costs and
                                                Katherine.E.Linnick@uscg.mil.                               We are issuing this rule, and under 5              benefits of available regulatory
                                                SUPPLEMENTARY INFORMATION:                               U.S.C. 553(d)(3), and for the same                    alternatives and, if regulation is
                                                                                                         reasons stated in the preceding                       necessary, to select regulatory
                                                I. Table of Abbreviations
                                                                                                         paragraph, the Coast Guard finds that                 approaches that maximize net benefits.
                                                COTP Captain of the Port                                 good cause exists for making this rule                Executive Order 13563 emphasizes the
                                                DHS Department of Homeland Security                      effective less than 30 days after                     importance of quantifying both costs
                                                FR Federal Register                                      publication in the Federal Register.                  and benefits, of reducing costs, of
                                                LIS Long Island Sound                                                                                          harmonizing rules, and of promoting
                                                NPRM Notice of Proposed Rulemaking                       III. Legal Authority and Need for Rule
                                                                                                                                                               flexibility. This rule has not been
                                                NAD83 North American Datum 1983                             The legal basis for this temporary rule            designated a ‘‘significant regulatory
                                                                                                         is 33 U.S.C. 1231.                                    action,’’ under Executive Order 12866.
                                                II. Background Information and
                                                                                                            On December 9, 2015, the Coast                     Accordingly, it has not been reviewed
                                                Regulatory History
                                                                                                         Guard was made aware of damage                        by the Office of Management and
                                                   This rulemaking establishes a safety                  sustained to Pleasure Beach Bridge,                   Budget.
                                                zone for the waters around the Pleasure                  Bridgeport, CT that has created a hazard                 The Coast Guard determined that this
                                                Beach Piers, Bridgeport, CT.                             to navigation. After further analysis of              rulemaking is not a significant
                                                Corresponding regulatory history is                      the bridge structure, the Coast Guard                 regulatory action for the following
                                                discussed below.                                         concluded that the overall condition of               reasons: (1) Persons or vessels desiring
                                                   The Coast Guard was made aware on                     the structure restricts, endangers, and               to enter the safety zone may do so with
                                                December 9, 2015, of damage to                           interferes with navigation. The COTP                  permission from the COTP LIS or a
                                                Pleasure Beach Bridge, the result of                     LIS has determined that the safety zone               designated representative; and (2) the
                                                which created a hazard to navigation.                    established by this temporary final rule              Coast Guard will notify the public of
                                                On December 22, 2015, the Coast Guard                    is necessary to provide for the safety of             this rule via appropriate means, such as
                                                published a temporary final rule                         life on navigable waterways.                          via Local Notice to Mariners and
                                                entitled, ‘‘Safety Zone; Pleasure Beach                                                                        Broadcast Notice to Mariners to increase
                                                Bridge, Bridgeport, CT’’ in the Federal                  IV. Discussion of the Rule                            public awareness of this safety zone.
                                                Register (80 FR 79480). On June 23,                         The safety zone established by this
                                                2016, the Coast Guard published a                                                                              B. Impact on Small Entities
                                                                                                         rule will cover all navigable waters of
                                                second temporary final rule entitled,                    the entrance channel to Johnsons Creek                   The Regulatory Flexibility Act of
                                                ‘‘Safety Zone; Pleasure Beach Bridge,                    in the vicinity of the Pleasure Beach                 1980, 5 U.S.C. 601–612, as amended,
                                                Bridgeport, CT’’ in the Federal Register                 Piers, Bridgeport, CT. This safety zone               requires Federal agencies to consider
                                                (81 FR 40814). On July 25, 2016, the                     will be bound inside an area that starts              the potential impact of regulations on
                                                Coast Guard published a third                            at a point on land at position 41–10.2                small entities during rulemaking. The
                                                temporary final rule entitled, ‘‘Safety                  N., 073–10.7 W. and then east along the               term ‘‘small entities’’ comprises small
                                                Zone; Pleasure Beach Bridge,                             shoreline to a point on land at position              businesses, not-for-profit organizations
                                                Bridgeport, CT’’ in the Federal Register                 41–9.57 N., 073–9.54 W. and then south                that are independently owned and
                                                (81 FR 48329). On January 19, 2017, the                  across the channel to a point on land at              operated and are not dominant in their
                                                Coast Guard published a fourth                           position 41–9.52 N., 073–9.58 W. and                  fields, and governmental jurisdictions
                                                temporary final rule entitled, ‘‘Safety                  then west along the shoreline to a point              with populations of less than 50,000.
                                                Zone; Pleasure Beach Bridge,                             on land at position 41–9.52 N., 073–10.5              The Coast Guard certifies under 5 U.S.C.
                                                Bridgeport, CT’’ in the Federal Register                 W. and then north across the channel                  605(b) that this rule will not have a
                                                (82 FR 6250).                                            back to the point of origin.                          significant economic impact on a
                                                   The Coast Guard is issuing this                                                                             substantial number of small entities.
                                                temporary final rule without prior                          This rule prohibits vessels from                      While some owners or operators of
                                                notice and opportunity to comment                        entering, transiting, mooring, or                     vessels intending to transit the safety
                                                pursuant to authority under section 4(a)                 anchoring within the area specifically                zone may be small entities, for the
                                                of the Administrative Procedure Act                      designated as a safety zone unless                    reasons stated in section V.A above, this
                                                (APA) (5 U.S.C. 553(b)). This provision                  authorized by the COTP or designated                  rule will not have a significant
                                                authorizes an agency to issue a rule                     representative.                                       economic impact on any vessel owner
                                                without prior notice and opportunity to                     The Coast Guard will notify the                    or operator. Under section 213(a) of the
                                                comment when the agency for good                         public and local mariners of this safety              Small Business Regulatory Enforcement
                                                cause finds that those procedures are                    zone through appropriate means, which                 Fairness Act of 1996 (Pub. L. 104–121),
                                                ‘‘impracticable, unnecessary, or contrary                may include, but are not limited to,                  we want to assist small entities in
                                                to the public interest.’’ Under 5 U.S.C.                 publication in the Federal Register, the              understanding this rule. If the rule
                                                553(b)(B), the Coast Guard finds that                    Local Notice to Mariners and Broadcast                would affect your small business,
                                                good cause exists for not publishing an                  Notice to Mariners.                                   organization, or governmental
                                                NPRM with respect to this rule because                   V. Regulatory Analyses                                jurisdiction and you have questions
                                                doing so would be impracticable and                                                                            concerning its provisions or options for
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                                                contrary to the public interest. A                          We developed this rule after                       compliance, please contact the person
                                                solution to remedy the safety hazards                    considering numerous statutes and                     listed in the FOR FURTHER INFORMATION
                                                associated with this structure was                       executive orders related to rulemaking.               CONTACT section.
                                                initially projected to be completed prior                Below we summarize our analyses                          Small businesses may send comments
                                                to the expiration of the current safety                  based on these statutes and executive                 on the actions of Federal employees
                                                zone, but has been delayed. It would be                  orders and we discuss First Amendment                 who enforce, or otherwise determine
                                                impracticable and contrary to the public                 rights of protestors.                                 compliance with, Federal regulations to


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                                                                  Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations                                                35657

                                                the Small Business and Agriculture                       F. Environment                                        then east along the shoreline to a point
                                                Regulatory Enforcement Ombudsman                           We have analyzed this rule under                    on land at position 41°09′57.996″ N.,
                                                and the Regional Small Business                          Department of Homeland Security                       073°09′54.324″ W. and then south
                                                Regulatory Fairness Boards. The                          Management Directive 023–01 and                       across the channel to a point on land at
                                                Ombudsman evaluates these actions                        Commandant Instruction M16475.lD,                     position 41°09′52.524″ N.,
                                                annually and rates each agency’s                         which guide the Coast Guard in                        073°09′58.861″ W. and then west along
                                                responsiveness to small business. If you                 complying with the National                           the shoreline to a point on land at
                                                wish to comment on actions by                            Environmental Policy Act of 1969 (42                  position 41°09′52.776″ N.,
                                                employees of the Coast Guard, call 1–                    U.S.C. 4321–4370f), and have                          073°10′04.944″ W. and then north across
                                                888–REG–FAIR (1–888–734–3247). The                       determined that this action is one of a               the channel back to the point of origin.
                                                Coast Guard will not retaliate against                   category of actions that do not                          (b) Enforcement period. This rule will
                                                small entities that question or complain                 individually or cumulatively have a                   be enforced from 12 a.m. on July 1, 2017
                                                about this proposed rule or any policy                   significant effect on the human                       to 12 a.m. June 30, 2018.
                                                or action of the Coast Guard.                            environment. This temporary rule                         (c) Definitions. The following
                                                C. Collection of Information                             involves the establishment of a safety                definitions apply to this section: A
                                                                                                         zone of limited duration. It is                       ‘‘designated representative’’ is any
                                                  This rule will not call for a new                      categorically excluded from further                   commissioned, warrant, or petty officer
                                                collection of information under the                      review under paragraph 34(g) of Figure                of the U.S. Coast Guard who has been
                                                Paperwork Reduction Act of 1995 (44                      2–1 of the Commandant Instruction. A                  designated by the Captain of the Port
                                                U.S.C. 3501–3520).                                       Record of Environmental Consideration                 (COTP) Long Island Sound, to act on his
                                                                                                         (REC) for Categorically Excluded                      or her behalf. The designated
                                                D. Federalism and Indian Tribal                          Actions will be available in the docket
                                                Governments                                                                                                    representative may be on an official
                                                                                                         where indicated under ADDRESSES. We                   patrol vessel or may be on shore and
                                                   A rule has implications for federalism                seek any comments or information that                 will communicate with vessels via
                                                under Executive Order 13132,                             may lead to the discovery of a                        VHF–FM radio or loudhailer. ‘‘Official
                                                Federalism, if it has a substantial direct               significant environmental impact from                 patrol vessels’’ may consist of any Coast
                                                effect on the States, on the relationship                this rule.                                            Guard, Coast Guard Auxiliary, state, or
                                                between the national government and                      G. Protest Activities                                 local law enforcement vessels assigned
                                                the States, or on the distribution of                                                                          or approved by the COTP Long Island
                                                power and responsibilities among the                       The Coast Guard respects the First
                                                                                                                                                               Sound. In addition, members of the
                                                various levels of government. We have                    Amendment rights of protesters.
                                                                                                                                                               Coast Guard Auxiliary may be present to
                                                analyzed this rule under that Order and                  Protesters are asked to contact the
                                                                                                                                                               inform vessel operators of this
                                                have determined that it is consistent                    person listed in the FOR FURTHER
                                                                                                                                                               regulation.
                                                                                                         INFORMATION CONTACT section to
                                                with the fundamental federalism                                                                                   (d) Regulations. (1) The general
                                                principles and preemption requirements                   coordinate protest activities so that your
                                                                                                         message can be received without                       regulations contained in 33 CFR 165.23
                                                described in Executive Order 13132.                                                                            apply.
                                                                                                         jeopardizing the safety or security of
                                                   Also, this rule does not have tribal                  people, places, or vessels.                              (2) In accordance with the general
                                                implications under Executive Order                                                                             regulations in 33 CFR 165.23, entry into
                                                13175, Consultation and Coordination                     List of Subjects in 33 CFR Part 165
                                                                                                                                                               or movement within this zone is
                                                with Indian Tribal Governments,                            Harbors, Marine safety, Navigation                  prohibited unless authorized by the
                                                because it does not have a substantial                   (water), Reporting and record keeping                 COTP Long Island Sound.
                                                direct effect on one or more Indian                      requirements, Security measures,
                                                tribes, on the relationship between the                  Waterways.                                               (3) Operators desiring to enter or
                                                Federal Government and Indian tribes,                      For the reasons discussed in the                    operate within the safety zone should
                                                or on the distribution of power and                      preamble, the Coast Guard amends 33                   contact the COTP Long Island Sound at
                                                responsibilities between the Federal                     CFR part 165 as follows:                              203–468–4401 (Coast Guard Sector Long
                                                Government and Indian tribes. If you                                                                           Island Sound Command Center) or the
                                                believe this rule has implications for                   PART 165—REGULATED NAVIGATION                         designated representative via VHF
                                                federalism or Indian tribes, please                      AREAS AND LIMITED ACCESS AREAS                        channel 16 to obtain permission to do
                                                contact the person listed in the FOR                                                                           so.
                                                                                                         ■ 1. The authority citation for Part 165
                                                FURTHER INFORMATION CONTACT section                                                                               (4) Any vessel given permission to
                                                                                                         continues to read as follows:
                                                above.                                                                                                         enter or operate in the safety zone must
                                                                                                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           comply with all directions given to
                                                E. Unfunded Mandates Reform Act                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             them by the COTP Long Island Sound,
                                                                                                         and Department of Homeland Security
                                                  The Unfunded Mandates Reform Act                                                                             or the designated on-scene
                                                                                                         Delegation No. 0170.1.
                                                of 1995 (2 U.S.C. 1531–1538) requires                                                                          representative.
                                                                                                         ■ 2. Add § 165.T01–1088 to read as
                                                Federal agencies to assess the effects of                follows:                                                 (5) Upon being hailed by a U.S. Coast
                                                their discretionary regulatory actions. In                                                                     Guard vessel by siren, radio, flashing
                                                particular, the Act addresses actions                    § 165.T01–1088 Safety Zone; Pleasure                  light or other means, the operator of the
                                                that may result in the expenditure by a                  Beach Piers, Bridgeport, CT.                          vessel shall proceed as directed.
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                                                State, local, or tribal government, in the                 (a) Location. The following area is a
                                                                                                                                                                 Dated: June 30, 2017.
                                                aggregate, or by the private sector of                   safety zone: All navigable waters of the
                                                $100,000,000 (adjusted for inflation) or                 entrance channel to Johnsons Creek in                 K.B. Reed,
                                                more in any one year. Though this rule                   the vicinity of the Pleasure Beach Piers,             Commander, U.S. Coast Guard, Acting
                                                will not result in such an expenditure,                  Bridgeport, CT bound inside an area                   Captain of the Port Long Island Sound.
                                                we do discuss the effects of this rule                   that starts at a point on land at position            [FR Doc. 2017–16165 Filed 7–31–17; 8:45 am]
                                                elsewhere in this preamble.                              41°10′02.964″ N., 073°10′08.148″ W. and               BILLING CODE 9110–04–P




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Document Created: 2018-10-24 11:44:10
Document Modified: 2018-10-24 11:44:10
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 August 1, 2017 until June 30, 2018. For the purposes of enforcement, actual notice will be used from July 1, 2017 until August 1, 2017.
ContactIf you have questions on this rule, contact Petty Officer Katherine Linnick, Prevention Department, U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4565, email [email protected]
FR Citation82 FR 35655 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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