Safety Zone; Pleasure Beach Bridge, Bridgeport, CT., 79480-79483 [2015-32133]
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Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Rules and Regulations
VI. Public Participation and Request for
Comments
We view public participation as
essential, and will consider all
comments and material received during
the comment period. If you submit a
comment, please include the docket
number for this rulemaking, indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this interim
rule as being available in the docket,
and all public comments, will be in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or additional
publications or supplemental
information is provided.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
1. The authority citation for part 165
continues to read as follows:
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■
Authority: 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; Department of Homeland Security
Delegation No. 0170.1.
2. In § 165.830:
a. Revise paragraph (b);
b. In paragraph (c), remove the words
‘‘Inland River Vessel Movement Center
or (IRVMC)’’ and add in their place the
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§ 165.830 Regulated Navigation Area;
Reporting Requirements for Barges Loaded
with Certain Dangerous Cargoes, Inland
Rivers, Eight Coast Guard District.
*
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
■
■
words ‘‘Eighth District CDC Reporting
Unit or (D8 CDCRU)’’;
■ c. In paragraph (d) introductory text,
remove the words ‘‘Inland River Vessel
Movement Center (IRVMC)’’ and add in
their place the words ‘‘Eighth District
CDC Reporting Unit Eighth District (D8
CDCRU)’’;
■ d. In paragraphs (d)(1) introductory
text and (d)(1)(ii), remove the text
‘‘IRVMC’’ and add, in its place, the text
‘‘D8 CDCRU’’;
■ e. In paragraph (d)(1)(ix), remove the
text ‘‘IRVMC’’ and add in its place the
text ‘‘District Commander or designated
representative’’;
■ f. In paragraph (d)(2) introductory
text, remove the text ‘‘IRVMC’’ and add
in its place the text ‘‘D8 CDCRU’’;
■ g. In paragraph (d)(2)(iv), remove the
text ‘‘IRVMC’’ and add in its place the
text ‘‘District Commander or designated
representative’’;
■ h. Revise paragraph (d)(4).
■ i. In paragraphs (e), (f) introductory
text, and (g) introductory text and the
headings to tables 165.830(f) and
165.830(g), remove the text ‘‘IRVMC’’
and add in its place the text ‘‘D8
CDCRU’’;
■ j. In paragraphs (f)(9) and (g)(4),
remove the text ‘‘IRVMC’’ and add in its
place the text ‘‘District Commander or
designated representative’’;
■ k. In paragraph (i), remove the text
‘‘the IRVMC’’ and add in its place the
text ‘‘designated representative’’; and
■ l. Amend § 165.830 by removing all
other occurrences of the text ‘‘IRVMC’’
and adding, in its place, the text ‘‘D8
CDCRU’’.
The revisions read as follows:
*
*
*
*
(b) Enforcement and applicability. (1)
Beginning January 1, 2016, reporting
requirements under this RNA will be
enforced only when directed by the
District Commander or designated
representative under paragraphs
(d)(1)(ix), (d)(2)(iv), (f)(9), and (g)(4) of
this section. Reporting points as listed
in paragraph (e) of this section may be
used to determine and inform where
reporting is required. Compliance under
other parts of this section is stayed until
a future date published in the Federal
Register, if determined necessary.
(2) This section applies to towing
vessel operators and fleeting area
managers responsible for CDC barges in
the RNA. This section does not apply to:
(i) Towing vessel operators
responsible for barges not carrying CDCs
barges, or
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(ii) Fleet tow boats moving one or
more CDC barges within a fleeting area.
*
*
*
*
*
(d) * * *
(4) When required, reports under this
section must be made either by email at
d08-smb-cdcru@uscg.mil or via phone
or fax as provided in the notification as
directed by the District Commander or
designated representative through the
D8 CDCRU. Notification of when and
where reporting is required may be
made through Marine Safety
Information Bulletins, Notices of
Enforcement, email and/or through
industry outreach. At all other times,
reporting under this section is not
required and communications should be
directed to the Captain of the Port.
*
*
*
*
*
Dated: December 8, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–32135 Filed 12–21–15; 8:45 am]
BILLING CODE 9110–04–P
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.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the Coast Guard Sector Long
Island Sound (LIS) Captain of the Port
(COTP) Zone. This temporary final rule
is necessary to provide for the safety of
life on navigable waters. Entry into,
transit through, mooring or anchoring
within the safety zone is prohibited
unless authorized by COTP Sector LIS.
DATES: This rule is effective without
actual notice from 12:01 a.m. on
December 22, 2015 until 12 a.m. on
January 01, 2016. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
December 10, 2015, until December 22,
2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–1088]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
SUMMARY:
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number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Lieutenant Junior Grade Martin Betts,
Prevention Department, Coast Guard
Sector Long Island Sound, telephone
(203) 468–4432, email Martin.B.Betts@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and
Regulatory History
This rulemaking establishes a safety
zone for the waters around Pleasure
Beach Bridge, Bridgeport, CT.
Corresponding regulatory history is
discussed below.
The Coast Guard was made aware of
damage sustained to Pleasure Beach
Bridge, the result of which created a
hazard to navigation.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. There is
insufficient time to publish an NPRM
and solicit comments from the public
before establishing a safety zone to
address an existing hazard to
navigation. The nature of the
navigational hazard requires the
immediate establishment of a safety
zone. Publishing an NPRM and delaying
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the effective date of this rule to await
public comment inhibits the Coast
Guard’s ability to fulfill its statutory
mission to protect ports, waterways and
the maritime public.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule
is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5 and
Department of Homeland Security
Delegation No. 0170.1 which
collectively authorize the Coast Guard
to define regulatory safety zones.
On December 09, 2015, the Coast
Guard was made aware of damage
sustained to Pleasure Beach Bridge,
Bridgeport, CT that has created a hazard
to navigation. The COTP Sector LIS has
determined that the safety zone
established by this temporary final rule
is necessary to provide for the safety of
life on navigable waterways.
IV. Discussion of the Rule
The safety zone established by this
rule will cover all navigable waters of
the entrance channel to Johnsons Creek
in the vicinity of Pleasure Beach Bridge,
Bridgeport, CT. This safety zone will be
bound inside an area that starts at a
point on land at position 41–10.2N,
073–10.7W and then east along the
shoreline to a point on land at position
41–9.57N, 073–9.54W and then south
across the channel to a point on land at
position 41–9.52N, 073–9.58W and then
west along the shoreline to a point on
land at position 41–9.52N, 073–10.5W
and then north across the channel back
to the point of origin.
This rule prevents vessels from
entering, transiting, mooring, or
anchoring within the area specifically
designated as a safety zone during the
period of enforcement unless authorized
by the COTP or designated
representative.
The Coast Guard will notify the
public and local mariners of this safety
zone through appropriate means, which
may include, but are not limited to,
publication in the Federal Register, the
Local Notice to Mariners, and Broadcast
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
E.O.s related to rulemaking. Below we
summarize our analyses based on these
statutes and E.O.s and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget. The Coast
Guard determined that this rulemaking
is not a significant regulatory action for
the following reasons: (1) The
enforcement of this safety zone will be
relatively short in duration; (2) persons
or vessels desiring to enter the safety
zone may do so with permission from
the COTP Sector LIS or a designated
representative; (3) this safety zone is
designed in a way to limit impacts on
vessel traffic, permitting vessels to
navigate in other portions of the
waterway not designated as a safety
zone; and (4) the Coast Guard will notify
the public of the enforcement of this
rule via appropriate means, such as via
Local Notice to Mariners and Broadcast
Notice to Mariners to increase public
awareness of this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This temporary final rule will affect
the following entities, some of which
may be small entities: The owners or
operators of vessels intending to enter,
transit, anchor, or moor within a safety
zone during the period of enforcement,
from December 10, 2015 to January 1,
2016. However, this temporary final rule
will not have a significant economic
impact on a substantial number of small
entities for the same reasons discussed
in the Regulatory Planning and Review
section.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
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understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
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C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132. Also, this rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
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particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This temporary rule
involves the establishment of a safety
zone. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination, and EA Checklist, WILL
BE in the docket for review. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security Measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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
2. Add § 165.T01–1088 to read as
follows:
■
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§ 165.T01–1088 Safety Zone; Pleasure
Beach Bridge, Bridgeport, CT.
(a) Location. The following area is a
safety zone: All navigable waters of the
entrance channel to Johnsons Creek in
the vicinity of Pleasure Beach Bridge,
Bridgeport, CT bound inside an area
that starts at a point on land at position
41–10.2N, 073–10.7W and then east
along the shoreline to a point on land
at position 41–9.57N, 073–9.54W and
then south across the channel to a point
on land at position 41–9.52N, 073–
9.58W and then west along the
shoreline to a point on land at position
41–9.52N, 073–10.5W and then north
across the channel back to the point of
origin.
(b) Enforcement period. This rule will
be enforced from 12 p.m. on December
10, 2015, to 12 a.m. on January 1, 2016.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the COTP, Sector
Long Island Sound, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(a) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or movement within this zone is
prohibited unless authorized by the
Captain of the Port, Long Island Sound.
(3) Operators of vessels desiring to
enter or operate within the safety zone
should contact the COTP Sector Long
Island Sound at 203–468–4401 (Sector
LIS command center) or the designated
representative via VHF channel 16 to
obtain permission to do so.
(4) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
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Dated: December 10, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2015–32133 Filed 12–21–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP34
Payment of Emergency Medication by
VA
Department of Veterans Affairs.
ACTION: Final rule.
AGENCY:
The Department of Veterans
Affairs (VA) is amending its medical
regulations that govern reimbursement
of emergency treatment provided by
non-VA medical care providers. VA is
clarifying its regulations insofar as it
involves the reimbursement of
medications prescribed or provided to
the veteran during the episode of nonVA emergency treatment.
DATES: This regulation is effective
January 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Director,
Business Policy, Chief Business Office
(10NB6), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420; (202) 382–2508.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: VA is
authorized under 38 U.S.C. 1725 to
reimburse an eligible veteran (or the
provider of the emergency treatment or
another person or entity who paid such
expenses on the veteran’s behalf) for the
reasonable value of emergency
treatment furnished to the Veteran at a
non-VA medical facility. Under 38
U.S.C. 1728, VA is authorized to
reimburse eligible veterans (or the
provider of the emergency treatment or
another person or entity who paid such
expenses on the veteran’s behalf) for the
customary and usual charges of non-VA
emergency treatment furnished to the
veteran.
Current VA regulations implementing
38 U.S.C. 1725 and 1728 each state that
covered emergency treatment includes
‘‘medication, including a short course of
medication related to and necessary for
the treatment of the emergency
condition that is provided directly to
the patient for use after the emergency
condition is stabilized and the patient is
discharged.’’ See 38 CFR 17.120(b) and
17.1002. It is undisputed that
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SUMMARY:
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medications directly provided to the
veteran or administered to the veteran
as part of the emergency treatment are
covered. VA has determined that the
language ‘‘provided directly to the
patient’’ is vague inasmuch as it does
not clearly indicate that it also extends
to a short course of necessary
medication provided to the veteran by
way of a prescription that is written or
called in to an outpatient or commercial
pharmacy by the emergency non-VA
provider with instructions to the
veteran-patient to obtain and use the
medication post-discharge, as directed.
On July 27, 2015, we proposed to
amend §§ 17.120(b) and 17.1002 to
address this issue. See 80 FR 44318. We
proposed amending § 17.120(b) to
clarify that VA reimburses the cost of a
short course of medication prescribed
for the veteran at the time that the
veteran was receiving emergency
treatment, by stating that emergency
treatment includes ‘‘a short course of
medication related to and necessary for
the treatment of the emergency
condition that is provided directly to or
prescribed for the patient for use after
the emergency condition is stabilized
and the patient is discharged.’’ We
proposed making a similar amendment
to the introductory paragraph of
§ 17.1002. The proposed amendments in
this rulemaking are consistent with
current VA policy and help ensure our
regulations are not interpreted more
narrowly than VA intends.
We provided a 60-day comment
period, which ended on September 25,
2015. We received 1 comment in
support of the proposed rule. Based on
the rationale set forth in the
Supplementary Information to the
proposed rule and in this final rule, VA
is adopting the proposed rule as a final
rule with no changes.
Effect of Rulemaking
Title 38 of the Code of Federal
Regulations, as revised by this final
rulemaking, represents VA’s
implementation of its legal authority on
this subject. Other than future
amendments to this regulation or
governing statutes, no contrary guidance
or procedures are authorized. All
existing or subsequent VA guidance
must be read to conform with this
rulemaking if possible or, if not
possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
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79483
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
directly affects only individuals and
will not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the
initial and final regulatory flexibility
analysis requirements of 5 U.S.C. 603
and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB) unless OMB waives such
review, as ‘‘any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
E:\FR\FM\22DER1.SGM
22DER1
Agencies
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Rules and Regulations]
[Pages 79480-79483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32133]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1088]
RIN 1625-AA00
Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Coast Guard Sector Long Island Sound (LIS) Captain of the Port
(COTP) Zone. This temporary final rule is necessary to provide for the
safety of life on navigable waters. Entry into, transit through,
mooring or anchoring within the safety zone is prohibited unless
authorized by COTP Sector LIS.
DATES: This rule is effective without actual notice from 12:01 a.m. on
December 22, 2015 until 12 a.m. on January 01, 2016. For the purposes
of enforcement, actual notice will be used from the date the rule was
signed, December 10, 2015, until December 22, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-1088]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket
[[Page 79481]]
number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Lieutenant Junior Grade Martin Betts, Prevention Department,
Coast Guard Sector Long Island Sound, telephone (203) 468-4432, email
Martin.B.Betts@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and Regulatory History
This rulemaking establishes a safety zone for the waters around
Pleasure Beach Bridge, Bridgeport, CT. Corresponding regulatory history
is discussed below.
The Coast Guard was made aware of damage sustained to Pleasure
Beach Bridge, the result of which created a hazard to navigation.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. There is insufficient time to publish an NPRM and solicit
comments from the public before establishing a safety zone to address
an existing hazard to navigation. The nature of the navigational hazard
requires the immediate establishment of a safety zone. Publishing an
NPRM and delaying the effective date of this rule to await public
comment inhibits the Coast Guard's ability to fulfill its statutory
mission to protect ports, waterways and the maritime public.
Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule is 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 and Department of
Homeland Security Delegation No. 0170.1 which collectively authorize
the Coast Guard to define regulatory safety zones.
On December 09, 2015, the Coast Guard was made aware of damage
sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a
hazard to navigation. The COTP Sector LIS has determined that the
safety zone established by this temporary final rule is necessary to
provide for the safety of life on navigable waterways.
IV. Discussion of the Rule
The safety zone established by this rule will cover all navigable
waters of the entrance channel to Johnsons Creek in the vicinity of
Pleasure Beach Bridge, Bridgeport, CT. This safety zone will be bound
inside an area that starts at a point on land at position 41-10.2N,
073-10.7W and then east along the shoreline to a point on land at
position 41-9.57N, 073-9.54W and then south across the channel to a
point on land at position 41-9.52N, 073-9.58W and then west along the
shoreline to a point on land at position 41-9.52N, 073-10.5W and then
north across the channel back to the point of origin.
This rule prevents vessels from entering, transiting, mooring, or
anchoring within the area specifically designated as a safety zone
during the period of enforcement unless authorized by the COTP or
designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
E.O.s related to rulemaking. Below we summarize our analyses based on
these statutes and E.O.s and we discuss First Amendment rights of
protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget. The Coast Guard
determined that this rulemaking is not a significant regulatory action
for the following reasons: (1) The enforcement of this safety zone will
be relatively short in duration; (2) persons or vessels desiring to
enter the safety zone may do so with permission from the COTP Sector
LIS or a designated representative; (3) this safety zone is designed in
a way to limit impacts on vessel traffic, permitting vessels to
navigate in other portions of the waterway not designated as a safety
zone; and (4) the Coast Guard will notify the public of the enforcement
of this rule via appropriate means, such as via Local Notice to
Mariners and Broadcast Notice to Mariners to increase public awareness
of this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This temporary final rule will affect the following entities, some
of which may be small entities: The owners or operators of vessels
intending to enter, transit, anchor, or moor within a safety zone
during the period of enforcement, from December 10, 2015 to January 1,
2016. However, this temporary final rule will not have a significant
economic impact on a substantial number of small entities for the same
reasons discussed in the Regulatory Planning and Review section.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in
[[Page 79482]]
understanding this proposed rule. If the rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132. Also,
this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
temporary rule involves the establishment of a safety zone. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination, and EA Checklist, WILL BE in the docket for review. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security Measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5 and Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165.T01-1088 to read as follows:
Sec. 165.T01-1088 Safety Zone; Pleasure Beach Bridge, Bridgeport, CT.
(a) Location. The following area is a safety zone: All navigable
waters of the entrance channel to Johnsons Creek in the vicinity of
Pleasure Beach Bridge, Bridgeport, CT bound inside an area that starts
at a point on land at position 41-10.2N, 073-10.7W and then east along
the shoreline to a point on land at position 41-9.57N, 073-9.54W and
then south across the channel to a point on land at position 41-9.52N,
073-9.58W and then west along the shoreline to a point on land at
position 41-9.52N, 073-10.5W and then north across the channel back to
the point of origin.
(b) Enforcement period. This rule will be enforced from 12 p.m. on
December 10, 2015, to 12 a.m. on January 1, 2016.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
COTP, Sector Long Island Sound, to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP Sector Long Island Sound. In addition, members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
(a) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in 33 CFR 165.23,
entry into or movement within this zone is prohibited unless authorized
by the Captain of the Port, Long Island Sound.
(3) Operators of vessels desiring to enter or operate within the
safety zone should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative
via VHF channel 16 to obtain permission to do so.
(4) Any vessel given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Sector
Long Island Sound, or the designated on-scene representative.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
[[Page 79483]]
Dated: December 10, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2015-32133 Filed 12-21-15; 8:45 am]
BILLING CODE 9110-04-P