82_FR_6262 82 FR 6250 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT

82 FR 6250 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6250-6252
FR Document2017-01068

The Coast Guard is establishing a temporary safety zone on the navigable waters of Pleasure Beach, Bridgeport, CT for Pleasure Beach Bridge. 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), Sector Long Island Sound.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6250-6252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01068]


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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 on the 
navigable waters of Pleasure Beach, Bridgeport, CT for Pleasure Beach 
Bridge. 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), Sector Long Island Sound.

DATES: This rule is effective without actual notice from January 19, 
2017 until June 30, 2017. For the purposes of enforcement, actual 
notice will be used from January 1, 2017 until January 19, 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 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

    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 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). 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 bridge 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 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 41-10.2 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 
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.

[[Page 6251]]

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 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this 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.T01-1088 to read as follows:

[[Page 6252]]

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[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 section will be enforced from 12:00 
a.m. on January 1, 2017 to 12:00 a.m. June 30, 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 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 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: December 29, 2016.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-01068 Filed 1-18-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                  6250                 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                                                                                                                                                                      Maximum       New Adjusted
                                                                                                                                                  Civil Monetary Penalty                               Penalty       Maximum
                                                                         United States Code                                                             Description                                  Amount as of     Penalty
                                                                                                                                                                                                      05/26/16        Amount

                                                  10 U.S.C. 2674(c)(2) ....................................................   Violation of the Pentagon Reservation Operation and                           1,782          1,811
                                                                                                                                Parking of Motor Vehicles Rules and Regulations.
                                                  31 U.S.C. 3802(a)(1) ....................................................   Violation Involving False Claim ....................................         10,781         10,957
                                                  31 U.S.C. 3802(a)(2) ....................................................   Violation Involving False Statement .............................            10,781         10,957



                                                    Dated: January 9, 2017.                                         I. Table of Abbreviations                                     promulgating this rule, as it is necessary
                                                  Aaron Siegel,                                                                                                                   to protect the safety of waterway users.
                                                                                                                    COTP Captain of the Port
                                                  Alternate OSD Federal Register Liaison                            DHS Department of Homeland Security
                                                                                                                                                                                     We are issuing this rule, and under 5
                                                  Officer, Department of Defense.                                   FR Federal Register                                           U.S.C. 553(d)(3), and for the same
                                                  [FR Doc. 2017–00619 Filed 1–18–17; 8:45 am]                       LIS Long Island Sound                                         reasons stated in the preceding
                                                  BILLING CODE 5001–06–P                                            NPRM Notice of Proposed Rulemaking                            paragraph, the Coast Guard finds that
                                                                                                                    NAD 83 North American Datum 1983                              good cause exists for making this rule
                                                                                                                                                                                  effective less than 30 days after
                                                                                                                    II. Background Information and                                publication in the Federal Register.
                                                  DEPARTMENT OF HOMELAND                                            Regulatory History
                                                  SECURITY                                                                                                                        III. Legal Authority and Need for Rule
                                                                                                                       This rulemaking establishes a safety                          The legal basis for this temporary rule
                                                  Coast Guard                                                       zone for the waters around Pleasure                           is 33 U.S.C. 1231.
                                                                                                                    Beach Bridge, Bridgeport, CT.                                    On December 09, 2015, the Coast
                                                  33 CFR Part 165                                                   Corresponding regulatory history is                           Guard was made aware of damage
                                                  [Docket Number USCG–2015–1088]                                    discussed below.                                              sustained to Pleasure Beach Bridge,
                                                                                                                       The Coast Guard was made aware on                          Bridgeport, CT that has created a hazard
                                                  RIN 1625–AA00                                                     December 9, 2015, of damage to                                to navigation. After further analysis of
                                                                                                                    Pleasure Beach Bridge, the result of                          the bridge structure, the Coast Guard
                                                  Safety Zone; Pleasure Beach Bridge,
                                                                                                                    which created a hazard to navigation.                         concluded that the overall condition of
                                                  Bridgeport, CT
                                                                                                                    On December 22, 2015, the Coast Guard                         the structure created a continued hazard
                                                  AGENCY:      Coast Guard, DHS.                                    published a temporary final rule                              to navigation. The COTP Sector LIS has
                                                  ACTION:     Temporary final rule.                                 entitled, ‘‘Safety Zone; Pleasure Beach                       determined that the safety zone
                                                                                                                    Bridge, Bridgeport, CT’’ in the Federal                       established by this temporary final rule
                                                  SUMMARY:   The Coast Guard is                                     Register (80 FR 79480). On June 23,                           is necessary to provide for the safety of
                                                  establishing a temporary safety zone on                           2016, the Coast Guard published a                             life on navigable waterways.
                                                  the navigable waters of Pleasure Beach,                           second temporary final rule entitled,
                                                  Bridgeport, CT for Pleasure Beach                                 ‘‘Safety Zone; Pleasure Beach Bridge,                         IV. Discussion of the Rule
                                                  Bridge. This temporary final rule is                              Bridgeport, CT’’ in the Federal Register                        The safety zone established by this
                                                  necessary to provide for the safety of life                       (81 FR 40814). On July 25, 2016, the                          rule will cover all navigable waters of
                                                  on navigable waters. Entry into, transit                          Coast Guard published a third                                 the entrance channel to Johnsons Creek
                                                  through, mooring, or anchoring within                             temporary final rule entitled, ‘‘Safety                       in the vicinity of Pleasure Beach Bridge,
                                                  the safety zone is prohibited unless                              Zone; Pleasure Beach Bridge,                                  Bridgeport, CT. This safety zone will be
                                                  authorized by Captain of the Port                                 Bridgeport, CT’’ in the Federal Register                      bound inside an area that starts at a
                                                  (COTP), Sector Long Island Sound.                                 (81 FR 48329). The Coast Guard is                             point on land at position 41–10.2 N.,
                                                  DATES: This rule is effective without                             issuing this temporary final rule without                     073–10.7 W. and then east along the
                                                  actual notice from January 19, 2017                               prior notice and opportunity to                               shoreline to a point on land at position
                                                  until June 30, 2017. For the purposes of                          comment pursuant to authority under                           41–9.57 N., 073–9.54 W. and then south
                                                  enforcement, actual notice will be used                           section 4(a) of the Administrative                            across the channel to a point on land at
                                                  from January 1, 2017 until January 19,                            Procedure Act (APA) (5 U.S.C. 553(b)).                        position 41–9.52 N., 073–9.58 W. and
                                                  2017.                                                             This provision authorizes an agency to                        then west along the shoreline to a point
                                                  ADDRESSES: To view documents
                                                                                                                    issue a rule without prior notice and                         on land at position 41–9.52 N., 073–10.5
                                                  mentioned in this preamble as being                               opportunity to comment when the                               W. and then north across the channel
                                                  available in the docket, go to http://                            agency for good cause finds that those                        back to the point of origin.
                                                  www.regulations.gov, type USCG–2015–                              procedures are ‘‘impracticable,                                 This rule prohibits vessels from
                                                  1088 and USCG–2015–1123 in the                                    unnecessary, or contrary to the public                        entering, transiting, mooring, or
                                                  ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                              interest.’’ Under 5 U.S.C. 553(b)(B), the                     anchoring within the area specifically
                                                  Click on Open Docket Folder on the line                           Coast Guard finds that good cause exists                      designated as a safety zone during the
                                                  associated with this rule.                                        for not publishing an NPRM with                               period of enforcement unless authorized
                                                                                                                    respect to this rule because doing so                         by the COTP or designated
                                                  FOR FURTHER INFORMATION CONTACT: If
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                                    would be impracticable and contrary to                        representative.
                                                  you have questions on this rule, contact                          the public interest. A solution to remedy                       The Coast Guard will notify the
                                                  Petty Officer Jay TerVeen, Prevention                             the safety hazards associated with this                       public and local mariners of this safety
                                                  Department, U.S. Coast Guard Sector                               bridge was initially projected to be                          zone through appropriate means, which
                                                  Long Island Sound, telephone (203)                                completed prior to the expiration of the                      may include, but are not limited to,
                                                  468–4446, email Jay.C.TerVeen@                                    current safety zone, but has been                             publication in the Federal Register, the
                                                  uscg.mil.                                                         delayed. It would be impracticable and                        Local Notice to Mariners, and Broadcast
                                                  SUPPLEMENTARY INFORMATION:                                        contrary to the public interest to delay                      Notice to Mariners.


                                             VerDate Sep<11>2014      20:34 Jan 18, 2017      Jkt 241001    PO 00000      Frm 00054    Fmt 4700    Sfmt 4700    E:\FR\FM\19JAR1.SGM        19JAR1


                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                             6251

                                                  V. Regulatory Analyses                                  organization, or governmental                          that may result in the expenditure by a
                                                     We developed this rule after                         jurisdiction and you have questions                    State, local, or tribal government, in the
                                                  considering numerous statutes and                       concerning its provisions or options for               aggregate, or by the private sector of
                                                  executive orders related to rulemaking.                 compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                                  Below we summarize our analyses                         listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                                                                                          CONTACT section.                                       will not result in such an expenditure,
                                                  based on these statutes and executive
                                                                                                             Small businesses may send comments                  we do discuss the effects of this rule
                                                  orders and we discuss First Amendment
                                                                                                          on the actions of Federal employees                    elsewhere in this preamble.
                                                  rights of protestors.
                                                                                                          who enforce, or otherwise determine
                                                  A. Regulatory Planning and Review                       compliance with, Federal regulations to                F. Environment

                                                     Executive Orders 12866 and 13563                     the Small Business and Agriculture                       We have analyzed this rule under
                                                  direct agencies to assess the costs and                 Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                                  benefits of available regulatory                        and the Regional Small Business                        Management Directive 023–01 and
                                                  alternatives and, if regulation is                      Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                                  necessary, to select regulatory                         Ombudsman evaluates these actions                      which guide the Coast Guard in
                                                  approaches that maximize net benefits.                  annually and rates each agency’s                       complying with the National
                                                  Executive Order 13563 emphasizes the                    responsiveness to small business. If you               Environmental Policy Act of 1969 (42
                                                  importance of quantifying both costs                    wish to comment on actions by                          U.S.C. 4321–4370f), and have
                                                  and benefits, of reducing costs, of                     employees of the Coast Guard, call 1–                  determined that this action is one of a
                                                  harmonizing rules, and of promoting                     888–REG–FAIR (1–888–734–3247). The                     category of actions that do not
                                                  flexibility. This rule has not been                     Coast Guard will not retaliate against                 individually or cumulatively have a
                                                  designated a ‘‘significant regulatory                   small entities that question or complain               significant effect on the human
                                                  action,’’ under Executive Order 12866.                  about this proposed rule or any policy                 environment. This temporary rule
                                                  Accordingly, it has not been reviewed                   or action of the Coast Guard.                          involves the establishment of a safety
                                                  by the Office of Management and                         C. Collection of Information                           zone. It is categorically excluded from
                                                  Budget. The Coast Guard determined                                                                             further review under paragraph 34(g) of
                                                                                                            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
                                                  regulatory action for the following                                                                            Instruction. An environmental analysis
                                                                                                          Paperwork Reduction Act of 1995 (44                    checklist supporting this determination,
                                                  reasons: (1) Persons or vessels desiring                U.S.C. 3501–3520).
                                                  to enter the safety zone may do so with                                                                        a Categorical Exclusion Determination,
                                                  permission from the COTP Sector LIS or                  D. Federalism and Indian Tribal                        and EA Checklist, will be in the docket
                                                  a designated representative; and (2) the                Governments                                            for review. We seek any comments or
                                                  Coast Guard will notify the public of the                  A rule has implications for federalism              information that may lead to the
                                                  enforcement of this rule via appropriate                under Executive Order 13132,                           discovery of a significant environmental
                                                  means, such as via Local Notice to                      Federalism, if it has a substantial direct             impact from this rule.
                                                  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
                                                  of this safety zone.                                    the States, or on the distribution of                    The Coast Guard respects the First
                                                                                                          power and responsibilities among the                   Amendment rights of protesters.
                                                  B. Impact on Small Entities                                                                                    Protesters are asked to contact the
                                                                                                          various levels of government. We have
                                                     The Regulatory Flexibility Act of                    analyzed this rule under that Order and                person listed in the FOR FURTHER
                                                  1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  INFORMATION CONTACT section to
                                                  requires Federal agencies to consider                   with the fundamental federalism                        coordinate protest activities so that your
                                                  the potential impact of regulations on                  principles and preemption requirements                 message can be received without
                                                  small entities during rulemaking. The                   described in Executive Order 13132.                    jeopardizing the safety or security of
                                                  term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                people, places, or vessels.
                                                  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
                                                  operated and are not dominant in their                  with Indian Tribal Governments,                          Harbors, Marine safety, Navigation
                                                  fields, and governmental jurisdictions                  because it does not have a substantial                 (water), Reporting and recordkeeping
                                                  with populations of less than 50,000.                   direct effect on one or more Indian                    requirements, Security measures,
                                                  The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                Waterways.
                                                  605(b) that this rule will not have a                   Federal Government and Indian tribes,
                                                  significant economic impact on a                                                                                 For the reasons discussed in the
                                                                                                          or on the distribution of power and                    preamble, the Coast Guard amends 33
                                                  substantial number of small entities.                   responsibilities between the Federal
                                                     While some owners or operators of                                                                           CFR part 165 as follows:
                                                                                                          Government and Indian tribes. If you
                                                  vessels intending to transit the safety                 believe this rule has implications for                 PART 165—REGULATED NAVIGATION
                                                  zone may be small entities, for the                     federalism or Indian tribes, please                    AREAS AND LIMITED ACCESS AREAS
                                                  reasons stated in section V.A above, this               contact the person listed in the FOR
                                                  rule will not have a significant                        FURTHER INFORMATION CONTACT section                    ■ 1. The authority citation for Part 165
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  economic impact on any vessel owner                     above.                                                 continues to read as follows:
                                                  or operator.
                                                     Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                          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;
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                                                                                                                                                 and Department of Homeland Security
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  Delegation No. 0170.1.
                                                  we want to assist small entities in                     Federal agencies to assess the effects of
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In             ■ 2. Add § 165.T01–1088 to read as
                                                  would affect your small business,                       particular, the Act addresses actions                  follows:


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                                                  6252             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  § 165.T01–1088 Safety Zone; Pleasure                      Dated: December 29, 2016.                            Executive Orders 12866 and 13563
                                                  Beach Bridge, Bridgeport, CT.                           A.E. Tucci,
                                                     (a) Location. The following area is a                                                                       Regulatory Impact Analysis
                                                                                                          Captain, U.S. Coast Guard, Captain of the
                                                  safety zone: All navigable waters of the                Port Sector Long Island Sound.                            Under Executive Order 12866, the
                                                  entrance channel to Johnsons Creek in                   [FR Doc. 2017–01068 Filed 1–18–17; 8:45 am]            Secretary must determine whether this
                                                  the vicinity of Pleasure Beach Bridge,                  BILLING CODE 9110–04–P                                 regulatory action is ‘‘significant’’ and,
                                                  Bridgeport, CT bound inside an area                                                                            therefore, subject to the requirements of
                                                  that starts at a point on land at position                                                                     the Executive order and subject to
                                                  41°10′02.964″ N., 073°10′08.148″ W. and                                                                        review by the Office of Management and
                                                  then east along the shoreline to a point                DEPARTMENT OF EDUCATION                                Budget (OMB). Section 3(f) of Executive
                                                  on land at position 41°09′57.996″ N.,                                                                          Order 12866 defines a ‘‘significant
                                                  073°09′54.324″ W. and then south                        34 CFR Part 99                                         regulatory action’’ as an action likely to
                                                  across the channel to a point on land at                                                                       result in a rule that may—
                                                  position 41°09′52.524″ N.,                              Family Educational Rights and Privacy                     (1) Have an annual effect on the
                                                  073°09′58.861″ W. and then west along                   Act                                                    economy of $100 million or more, or
                                                  the shoreline to a point on land at                                                                            adversely affect a sector of the economy,
                                                  position 41°09′52.776″ N.,                              AGENCY:  Office of the Chief Privacy
                                                                                                                                                                 productivity, competition, jobs, the
                                                  073°10′04.944″ W. and then north across                 Officer, Office of Management,
                                                                                                                                                                 environment, public health or safety, or
                                                  the channel back to the point of origin.                Department of Education.
                                                                                                                                                                 State, local, or tribal governments or
                                                     (b) Enforcement Period. This section                 ACTION: Final rule.                                    communities in a material way (also
                                                  will be enforced from 12:00 a.m. on                                                                            referred to as an ‘‘economically
                                                  January 1, 2017 to 12:00 a.m. June 30,                  SUMMARY:    The Secretary amends the                   significant’’ rule);
                                                  2017.                                                   Family Educational Rights and Privacy                     (2) Create serious inconsistency or
                                                     (c) Definitions. The following                       Act (FERPA) regulations to change the                  otherwise interfere with an action taken
                                                  definitions apply to this section: A                    name of the office designated                          or planned by another agency;
                                                  ‘‘designated representative’’ is any                    enforcement functions by the Secretary                    (3) Materially alter the budgetary
                                                  commissioned, warrant, or petty officer                 from the Family Policy Compliance                      impacts of entitlement grants, user fees,
                                                  of the U.S. Coast Guard who has been                    Office to the Office of the Chief Privacy              or loan programs or the rights and
                                                  designated by the Captain of the Port                   Officer. The purpose of this amendment                 obligations of recipients thereof; or
                                                  (COTP), Sector Long Island Sound, to                    is to reflect additional resources
                                                                                                                                                                    (4) Raise novel legal or policy issues
                                                  act on his or her behalf. The designated                committed to protecting student privacy
                                                                                                                                                                 arising out of legal mandates, the
                                                  representative may be on an official                    and to increase internal efficiency.
                                                                                                                                                                 President’s priorities, or the principles
                                                  patrol vessel or may be on shore and                    DATES: These regulations are effective                 stated in the Executive order.
                                                  will communicate with vessels via                       February 21, 2017.                                        This final regulatory action is not a
                                                  VHF–FM radio or loudhailer. ‘‘Official
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       significant regulatory action subject to
                                                  patrol vessels’’ may consist of any Coast
                                                                                                          Kathleen Styles, U.S. Department of                    review by OMB under section 3(f) of
                                                  Guard, Coast Guard Auxiliary, state, or
                                                                                                          Education, 400 Maryland Avenue SW.,                    Executive Order 12866.
                                                  local law enforcement vessels assigned
                                                                                                          Room 2E315, Washington, DC 20202.                         We have also reviewed these
                                                  or approved by the COTP Sector Long
                                                                                                          Telephone: (855) 249–3072 or via email:                regulations under Executive Order
                                                  Island Sound. In addition, members of
                                                                                                          privacyTA@ed.gov.                                      13563, which supplements and
                                                  the Coast Guard Auxiliary may be
                                                                                                             If you use a telecommunications                     explicitly reaffirms the principles,
                                                  present to inform vessel operators of
                                                                                                          device for the deaf (TDD) or a text                    structures, and definitions governing
                                                  this regulation.
                                                     (d) Regulations. (1) The general                     telephone (TTY), call the Federal Relay                regulatory review established in
                                                  regulations contained in 33 CFR 165.23                  Service (FRS), toll free, at 1–800–877–                Executive Order 12866. To the extent
                                                  apply.                                                  8339.                                                  permitted by law, Executive Order
                                                     (2) In accordance with the general                                                                          13563 requires that an agency—
                                                                                                          SUPPLEMENTARY INFORMATION:       FERPA, 20                (1) Propose or adopt regulations only
                                                  regulations in 33 CFR 165.23, entry into                U.S.C. 1232g(g), requires the Secretary
                                                  or movement within this zone is                                                                                on a reasoned determination that their
                                                                                                          to establish or designate an office within             benefits justify their costs (recognizing
                                                  prohibited unless authorized by the                     the Department of Education
                                                  COTP, Long Island Sound.                                                                                       that some benefits and costs are difficult
                                                                                                          (Department) for the purpose of                        to quantify);
                                                     (3) Operators desiring to enter or
                                                                                                          investigating, processing, reviewing,                     (2) Tailor its regulations to impose the
                                                  operate within the safety zone should
                                                                                                          and adjudicating violations and                        least burden on society, consistent with
                                                  contact the COTP Sector Long Island
                                                                                                          complaints. As part of an expansion of                 obtaining regulatory objectives and
                                                  Sound at 203–468–4401 (Sector Sector
                                                                                                          student privacy operations at the                      taking into account—among other things
                                                  Long Island Sound Command Center) or
                                                                                                          Department, the designated office will                 and to the extent practicable—the costs
                                                  the designated representative via VHF
                                                                                                          change from the Family Policy                          of cumulative regulations;
                                                  channel 16 to obtain permission to do
                                                                                                          Compliance Office to the Office of the                    (3) In choosing among alternative
                                                  so.
                                                     (4) Any vessel given permission to                   Chief Privacy Officer. This change will                regulatory approaches, select those
                                                  enter or operate in the safety zone must                not directly impact the public. This                   approaches that maximize net benefits
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                                                  comply with all directions given to                     change is being made:                                  (including potential economic,
                                                  them by the COTP Sector Long Island                        1. To allow the Department to more                  environmental, public health and safety,
                                                  Sound, or the designated on-scene                       effectively make use of new resources                  and other advantages; distributive
                                                  representative.                                         dedicated to student privacy;                          impacts; and equity);
                                                     (5) Upon being hailed by a U.S. Coast                   2. To permit efficiencies relating to                  (4) To the extent feasible, specify
                                                  Guard vessel by siren, radio, flashing                  specialization of work; and                            performance objectives, rather than the
                                                  light or other means, the operator of the                  3. To clarify responsibilities within               behavior or manner of compliance a
                                                  vessel shall proceed as directed.                       the Department.                                        regulated entity must adopt; and


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Document Created: 2018-02-01 15:16:01
Document Modified: 2018-02-01 15:16:01
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 January 19, 2017 until June 30, 2017. For the purposes of enforcement, actual notice will be used from January 1, 2017 until January 19, 2017.
ContactIf 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 Citation82 FR 6250 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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