[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48329-48331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17543]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1088]
RIN 1625-AA00
Safety Zone; Pleasure Beach Bridge, Bridgeport, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Pleasure Beach, Bridgeport, CT for Pleasure Beach
Bridge. This temporary safety zone is necessary to provide for the
safety of life on navigable waters. This regulation prohibits entry
into, transit through, mooring or anchoring within the safety zone
unless authorized by Captain of the Port (COTP), Sector Long Island
Sound.
DATES: This rule is effective without actual notice from July 25, 2016
until December 31, 2016. For the purposes of enforcement, actual notice
from July 1, 2016 until July 25, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1088 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast
Guard Sector Long Island Sound, telephone (203) 468-4446, email
[email protected]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and Regulatory History
The Coast Guard was made aware of damage to Pleasure Beach Bridge
which creates a hazard to navigation. A temporary final rule entitled,
``Safety Zone; Pleasure Beach Bridge, Bridgeport, CT'' was published in
the Federal Register (80 FR 79480).
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable, given the imminent conclusion
of the previous safety zone and the ongoing repairs. This rule is
necessary to protect the safety of waterway users.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding paragraph, the Coast Guard finds
that good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule is 33 U.S.C. 1231.
On December 09, 2015, the Coast Guard was made aware of damage
sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a
hazard to navigation. After further analysis of the bridge structure,
the Coast Guard concluded that the overall condition of the structure
created a continued hazard to navigation. The COTP Sector LIS has
determined that the safety zone established by this temporary final
rule is necessary to provide for the safety of life on navigable
waterways.
IV. Discussion of the Rule
The safety zone established by this rule will cover all navigable
waters of the entrance channel to Johnsons Creek in the vicinity of
Pleasure Beach Bridge, Bridgeport, CT. This safety zone will be bound
inside an area that starts at a point on land at position 41-10.2N,
073-10.7W and then east along the shoreline to a point on land at
position 41-9.57N, 073-9.54W and then south across the channel to a
point on land at position 41-9.52N, 073-9.58W and then west along the
shoreline to a point on land at position 41-9.52N, 073-10.5W and then
north across the channel back to the point of origin.
This rule prohibits vessels from entering, transiting, mooring, or
anchoring within the area specifically designated as a safety zone
during the period of enforcement unless authorized by the COTP or
designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the
[[Page 48330]]
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This rule has not
been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, it has not been reviewed by the Office of
Management and Budget. The Coast Guard determined that this rulemaking
is not a significant regulatory action for the following reasons: 1)
persons or vessels desiring to enter the safety zone may do so with
permission from the COTP Sector LIS or a designated representative; and
2) the Coast Guard will notify the public of the enforcement of this
rule via appropriate means, such as via Local Notice to Mariners and
Broadcast Notice to Mariners to increase public awareness of this
safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
temporary rule involves the establishment of a safety zone. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination, a Categorical Exclusion
Determination, and EA Checklist, will be in the docket for review. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T01-0503 to read as follows:
Sec. 165.T01-0503 Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.
(a) Location. The following area is a safety zone: All navigable
waters of the entrance channel to Johnsons Creek in the vicinity of
Pleasure Beach Bridge, Bridgeport, CT bound inside an area that starts
at a point on land at position 41[deg]10'02.964'' N.,
073[deg]10'08.148'' W. and then east along the shoreline to a point on
land at position 41[deg]09'57.996'' N., 073[deg]09'54.324'' W. and then
south across the channel to a point on land at position
41[deg]09'52.524'' N., 073[deg]09'58.861'' W. and then west along the
shoreline to a point on land at position 41[deg]09'52.776'' N.,
073[deg]10'04.944'' W. and then north across the channel back to the
point of origin.
[[Page 48331]]
(b) Enforcement period. This rule will be enforced from 12:00 a.m.
on July 1, 2016 to 12:00 a.m. January 1, 2017.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any commissioned, warrant, or petty
officer of the U.S. Coast Guard who has been designated by the Captain
of the Port (COTP), Sector Long Island Sound, to act on his or her
behalf. The designated representative may be on an official patrol
vessel or may be on shore and will communicate with vessels via VHF-FM
radio or loudhailer. ``Official patrol vessels'' may consist of any
Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector Long Island Sound. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(d) Regulations. (1) The general regulations contained in Sec.
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23,
entry into or movement within this zone is prohibited unless authorized
by the COTP, Long Island Sound.
(3) Operators desiring to enter or operate within the safety zone
should contact the COTP Sector Long Island Sound at 203-468-4401
(Sector Sector Long Island Sound Command Center) or the designated
representative via VHF channel 16 to obtain permission to do so.
(4) Any vessel given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Sector
Long Island Sound, or the designated on-scene representative.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Dated: June 28, 2016.
E. J. Cubanski, III,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2016-17543 Filed 7-22-16; 8:45 am]
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