Safety Zone; Pleasure Beach Bridge, Bridgeport, CT, 40814-40816 [2016-14908]

Download as PDF 40814 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction. The PATCOM is empowered to forbid entry into and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice of enforcement is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of the safety zone and its enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice of enforcement, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: June 3, 2016. Patrick S. Nelson, Captain, U.S. Coast Guard, Captain of the Port San Francisco, Acting. [FR Doc. 2016–14911 Filed 6–22–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–201 5–1123] 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 June 23, 2016 until 12:01 a.m. on July 1, 2016. For the purposes of enforcement, asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:58 Jun 22, 2016 Jkt 238001 actual notice will be used from January 1, 2016, until June 23, 2016. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2015–1123]. To view documents mentioned in this preamble as being available in the docket, go to https:// www.rcgulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. 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. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port OHS 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 on December 9, 2015, of damage sustained to Pleasure Beach Bridge, the result of which created a hazard to navigation. In response, on Tuesday, December 22, 2015, the Coast Guard published a temporary final rule (TFR) entitled, ‘‘Safety Zone; Pleasure Beach Bridge, Bridgeport CT’’ in the Federal Register (80 FR 79480). We received no comments on this rule. The rule expired on January 1, 2016. The degraded condition of the Pleasure Beach Bridge structure presents a continued hazard to navigation in the waterway. The Coast Guard is establishing this temporary final rule to mitigate the risk posed by the bridge structure and to allow responsible parties ample time to develop plans to reduce or eliminate the hazard. 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 the 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 9, 2015, the Coast Guard was made aware of damage sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a hazard to navigation. After further analysis of the bridge structure, the Coast Guard concluded that the overall condition of the structure 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 prevents vessels from entering, transiting, mooring, or anchoring within the area specifically designated as a safety zone during the E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 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 protesters. asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:58 Jun 22, 2016 Jkt 238001 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 January 1, 2016 to July 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 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 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, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 40815 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 M 16475.ID, 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. E:\FR\FM\23JNR1.SGM 23JNR1 40816 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 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 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; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–1123 to read as follows: ■ asabaliauskas on DSK3SPTVN1PROD with RULES § 165.T01–1123 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 cast 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 12:01 a.m. on January 1, 2016 to 12:01 a.m. on July 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 loud hailer. ‘‘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. (l) The general regulations contained in § 165.23 apply. (2) In accordance with the general regulations in § 165.23, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port, Long Island Sound. VerDate Sep<11>2014 16:58 Jun 22, 2016 Jkt 238001 (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. Dated: December 30, 2015. E.J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. Editorial note: This document was received for publication by the Office of Federal Register on June 20, 2016. [FR Doc. 2016–14908 Filed 6–22–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 and 81 [EPA–R04–OAR–2016–0018; FRL–9948–02– Region 4] Air Plan Approval and Air Quality Designation; TN; Redesignation of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: On January 19, 2016, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Tennessee that is within the Memphis, Tennessee-MississippiArkansas (Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area (hereafter referred to as the ‘‘Memphis, TN-MS-AR Area’’ or ‘‘Area’’) and a related State Implementation Plan (SIP) revision containing a maintenance plan and base year inventory for the Area. EPA is taking the following separate final actions related to the January 19, 2016, redesignation request and SIP revision: Approving the base year emissions inventory for the Area into the SIP; determining that the Memphis, TN-MS-AR Area is attaining the 2008 8hour ozone National Ambient Air SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Quality Standards (NAAQS); approving the State’s plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, including the motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOCs) for the year 2027 for the Tennessee portion of the Area, into the SIP; and redesignating the Tennessee portion of the Area to attainment for the 2008 8hour ozone NAAQS. Additionally, EPA finds the MVEBs for the Tennessee portion of the Area adequate for the purposes of transportation conformity. DATES: This rule will be effective July 25, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2016–0018. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Spann can be reached by phone at (404) 562–9029 or via electronic mail at spann.jane@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On May 21, 2012, EPA designated areas as unclassifiable/attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008. See 77 FR 30088. The Memphis, TN-MS-AR Area was designated nonattainment for the 2008 E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40814-40816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-201 5-1123]
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 
June 23, 2016 until 12:01 a.m. on July 1, 2016. For the purposes of 
enforcement, actual notice will be used from January 1, 2016, until 
June 23, 2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-1123]. To view documents mentioned in this preamble as being 
available in the docket, go to https://www.rcgulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
OHS 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 on December 9, 2015, of damage 
sustained to Pleasure Beach Bridge, the result of which created a 
hazard to navigation. In response, on Tuesday, December 22, 2015, the 
Coast Guard published a temporary final rule (TFR) entitled, ``Safety 
Zone; Pleasure Beach Bridge, Bridgeport CT'' in the Federal Register 
(80 FR 79480). We received no comments on this rule. The rule expired 
on January 1, 2016.
    The degraded condition of the Pleasure Beach Bridge structure 
presents a continued hazard to navigation in the waterway. The Coast 
Guard is establishing this temporary final rule to mitigate the risk 
posed by the bridge structure and to allow responsible parties ample 
time to develop plans to reduce or eliminate the hazard.
    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 
the 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 9, 2015, the Coast Guard was made aware of damage 
sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a 
hazard to navigation. After further analysis of the bridge structure, 
the Coast Guard concluded that the overall condition of the structure 
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 prevents vessels from entering, transiting, mooring, or 
anchoring within the area specifically designated as a safety zone 
during the

[[Page 40815]]

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 protesters.

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 January 1, 2016 to July 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 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 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 M 16475.ID, 
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.

[[Page 40816]]

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

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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; Department of Homeland Security Delegation No. 
0170.1.

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2. Add Sec.  165.T01-1123 to read as follows:


Sec.  165.T01-1123  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 cast 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 12:01 a.m. 
on January 1, 2016 to 12:01 a.m. on July 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 loud 
hailer. ``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. (l) 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 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.

    Dated: December 30, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.

    Editorial note: This document was received for publication by 
the Office of Federal Register on June 20, 2016.

[FR Doc. 2016-14908 Filed 6-22-16; 8:45 am]
 BILLING CODE 9110-04-P
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