Safety Zone; Pleasure Beach Piers, Bridgeport, CT, 35655-35657 [2017-16165]
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a special local
regulation for the annual SUP3Rivers
the Southside Outside event listed in 33
CFR 100.801, Table 1, line 29, from 6:30
a.m. through 11:30 a.m. on September 2,
2017. Entry into the regulated area is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative. Persons or vessels
desiring to enter into or pass through
the area must request permission from
the COTP or a designated
representative. If permission is granted,
all persons and vessels shall comply
with the instructions of the COTP or
designated representative.
This notice of enforcement is issued
under authority of 33 CFR 100.801 and
5 U.S.C. 552 (a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via Local
Notice to Mariners and updates via
Marine Information Broadcasts.
Dated: July 25, 2017.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2017–16151 Filed 7–31–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0517]
Drawbridge Operation Regulation;
Thames River, New London, CT
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation; modification.
AGENCY:
ACTION:
The Coast Guard has modified
a temporary deviation from the
operating schedule that governs the
Amtrak Bridge across Thames River,
mile 3.0, at New London, CT. This
action is necessary to complete
installation of an emergency generator.
This modified deviation allows the
bridge to require a two hour advance
notice for openings during nighttime
hours.
DATES: The modified deviation
published on June 23, 2017 (82 FR
28552) is effective from August 1, 2017
through 12:01 a.m. on September 30,
2017. For the purposes of enforcement,
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:30 Jul 31, 2017
Jkt 241001
actual notice will be used from 12:01
a.m. on July 31, 2017 until August 1,
2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0517] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email James L.
Rousseau, Bridge Management
Specialist, First District Bridge Branch,
U.S. Coast Guard; telephone 617–223–
8619, email James.L.Rousseau2@
uscg.mil.
SUPPLEMENTARY INFORMATION: On June
23, 2017, the Coast Guard published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation;
Thames River, New London, CT’’ in the
Federal Register (82 FR 28552). Under
that temporary deviation, between July
31, 2017 and September 12, 2017, the
draw of the Amtrak Bridge would
require a two hour advance notice for
openings during nighttime hours.
Amtrak, the owner of the bridge,
requested a modification of the
currently published deviation in order
to facilitate installation of a lift span
emergency generator. Due to delays in
manufacturing Amtrak has requested
that the temporary deviation be
modified to allow the Amtrak Bridge to
require a 2 hour advance notice between
9 p.m. and 7 a.m. from July 31, 2017 to
September 30, 2017, while a crane barge
is present next to the lift span. The
presence of the crane barge reduces the
horizontal clearance to 70 feet.
Additionally, between July 31, 2017 and
September 10, 2017, the lift span will be
in the down position during daytime
hours but will be able to open when
requested.
The Amtrak Bridge across the Thames
River, mile 3.0 at New London,
Connecticut has a horizontal clearance
of 150 feet and a vertical clearance of 29
feet at mean high water and 31 feet at
mean low water in the closed position.
The bridge has a vertical clearance of 75
feet in the intermediate raised position
and 135 feet in the fully open position
at mean high water. The existing
drawbridge operating regulations are
listed at 33 CFR 117.224. The waterway
is transited by recreational traffic,
commercial vessels, ferries, and military
vessels. Vessels that can pass under the
bridge without an opening may do so at
all times. When the barge is located next
to the lift span, the bridge will not be
able to open immediately for
emergencies. There is no alternate route
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35655
for vessels unable to pass through the
bridge when in the closed position.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by this temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: July 26, 2017.
Christopher. J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–16084 Filed 7–31–17; 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 Piers,
Bridgeport, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Pleasure Beach,
Bridgeport, CT for the Pleasure Beach
Piers. This temporary final rule is
necessary to provide for the safety of life
on navigable waters. Entry into, transit
through, mooring, or anchoring within
the safety zone is prohibited unless
authorized by Captain of the Port
(COTP) Long Island Sound.
DATES: This rule is effective without
actual notice from August 1, 2017 until
June 30, 2018. For the purposes of
enforcement, actual notice will be used
from July 1, 2017 until August 1, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1088 and USCG–2015–1123 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Katherine Linnick,
SUMMARY:
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35656
Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
interest to delay promulgating this rule,
as it is necessary to protect the safety of
waterway users.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), and for the same
reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Prevention Department, U.S. Coast
Guard Sector Long Island Sound,
telephone (203) 468–4565, email
Katherine.E.Linnick@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD83 North American Datum 1983
III. Legal Authority and Need for Rule
mstockstill on DSK30JT082PROD with RULES
II. Background Information and
Regulatory History
This rulemaking establishes a safety
zone for the waters around the Pleasure
Beach Piers, Bridgeport, CT.
Corresponding regulatory history is
discussed below.
The Coast Guard was made aware on
December 9, 2015, of damage to
Pleasure Beach Bridge, the result of
which created a hazard to navigation.
On December 22, 2015, the Coast Guard
published a temporary final rule
entitled, ‘‘Safety Zone; Pleasure Beach
Bridge, Bridgeport, CT’’ in the Federal
Register (80 FR 79480). On June 23,
2016, the Coast Guard published a
second temporary final rule entitled,
‘‘Safety Zone; Pleasure Beach Bridge,
Bridgeport, CT’’ in the Federal Register
(81 FR 40814). On July 25, 2016, the
Coast Guard published a third
temporary final rule entitled, ‘‘Safety
Zone; Pleasure Beach Bridge,
Bridgeport, CT’’ in the Federal Register
(81 FR 48329). On January 19, 2017, the
Coast Guard published a fourth
temporary final rule entitled, ‘‘Safety
Zone; Pleasure Beach Bridge,
Bridgeport, CT’’ in the Federal Register
(82 FR 6250).
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. A
solution to remedy the safety hazards
associated with this structure was
initially projected to be completed prior
to the expiration of the current safety
zone, but has been delayed. It would be
impracticable and contrary to the public
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17:30 Jul 31, 2017
Jkt 241001
The legal basis for this temporary rule
is 33 U.S.C. 1231.
On December 9, 2015, the Coast
Guard was made aware of damage
sustained to Pleasure Beach Bridge,
Bridgeport, CT that has created a hazard
to navigation. After further analysis of
the bridge structure, the Coast Guard
concluded that the overall condition of
the structure restricts, endangers, and
interferes with navigation. The COTP
LIS has determined that the safety zone
established by this temporary final rule
is necessary to provide for the safety of
life on navigable waterways.
IV. Discussion of the Rule
The safety zone established by this
rule will cover all navigable waters of
the entrance channel to Johnsons Creek
in the vicinity of the Pleasure Beach
Piers, Bridgeport, CT. This safety zone
will be bound inside an area that starts
at a point on land at position 41–10.2
N., 073–10.7 W. and then east along the
shoreline to a point on land at position
41–9.57 N., 073–9.54 W. and then south
across the channel to a point on land at
position 41–9.52 N., 073–9.58 W. and
then west along the shoreline to a point
on land at position 41–9.52 N., 073–10.5
W. and then north across the channel
back to the point of origin.
This rule prohibits vessels from
entering, transiting, mooring, or
anchoring within the area specifically
designated as a safety zone unless
authorized by the COTP or designated
representative.
The Coast Guard will notify the
public and local mariners of this safety
zone through appropriate means, which
may include, but are not limited to,
publication in the Federal Register, the
Local Notice to Mariners and Broadcast
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders and we discuss First Amendment
rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard determined that this
rulemaking is not a significant
regulatory action for the following
reasons: (1) Persons or vessels desiring
to enter the safety zone may do so with
permission from the COTP LIS or a
designated representative; and (2) the
Coast Guard will notify the public of
this rule via appropriate means, such as
via Local Notice to Mariners and
Broadcast Notice to Mariners to increase
public awareness of this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator. Under section 213(a) of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
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.
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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.
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17:30 Jul 31, 2017
Jkt 241001
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This temporary rule
involves the establishment of a safety
zone of limited duration. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
(REC) for Categorically Excluded
Actions will be available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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:
■
§ 165.T01–1088 Safety Zone; Pleasure
Beach Piers, Bridgeport, CT.
(a) Location. The following area is a
safety zone: All navigable waters of the
entrance channel to Johnsons Creek in
the vicinity of the Pleasure Beach Piers,
Bridgeport, CT bound inside an area
that starts at a point on land at position
41°10′02.964″ N., 073°10′08.148″ W. and
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35657
then east along the shoreline to a point
on land at position 41°09′57.996″ N.,
073°09′54.324″ W. and then south
across the channel to a point on land at
position 41°09′52.524″ N.,
073°09′58.861″ W. and then west along
the shoreline to a point on land at
position 41°09′52.776″ N.,
073°10′04.944″ W. and then north across
the channel back to the point of origin.
(b) Enforcement period. This rule will
be enforced from 12 a.m. on July 1, 2017
to 12 a.m. June 30, 2018.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any
commissioned, warrant, or petty officer
of the U.S. Coast Guard who has been
designated by the Captain of the Port
(COTP) Long Island Sound, to act on his
or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. ‘‘Official
patrol vessels’’ may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP Long Island
Sound. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or movement within this zone is
prohibited unless authorized by the
COTP Long Island Sound.
(3) Operators desiring to enter or
operate within the safety zone should
contact the COTP Long Island Sound at
203–468–4401 (Coast Guard Sector Long
Island Sound Command Center) or the
designated representative via VHF
channel 16 to obtain permission to do
so.
(4) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Long Island Sound,
or the designated on-scene
representative.
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
Dated: June 30, 2017.
K.B. Reed,
Commander, U.S. Coast Guard, Acting
Captain of the Port Long Island Sound.
[FR Doc. 2017–16165 Filed 7–31–17; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35655-35657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16165]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1088]
RIN 1625-AA00
Safety Zone; Pleasure Beach Piers, Bridgeport, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Pleasure Beach, Bridgeport, CT for the Pleasure
Beach Piers. This temporary final rule is necessary to provide for the
safety of life on navigable waters. Entry into, transit through,
mooring, or anchoring within the safety zone is prohibited unless
authorized by Captain of the Port (COTP) Long Island Sound.
DATES: This rule is effective without actual notice from August 1, 2017
until June 30, 2018. For the purposes of enforcement, actual notice
will be used from July 1, 2017 until August 1, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-1088 and USCG-2015-1123 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Katherine Linnick,
[[Page 35656]]
Prevention Department, U.S. Coast Guard Sector Long Island Sound,
telephone (203) 468-4565, email Katherine.E.Linnick@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD83 North American Datum 1983
II. Background Information and Regulatory History
This rulemaking establishes a safety zone for the waters around the
Pleasure Beach Piers, Bridgeport, CT. Corresponding regulatory history
is discussed below.
The Coast Guard was made aware on December 9, 2015, of damage to
Pleasure Beach Bridge, the result of which created a hazard to
navigation. On December 22, 2015, the Coast Guard published a temporary
final rule entitled, ``Safety Zone; Pleasure Beach Bridge, Bridgeport,
CT'' in the Federal Register (80 FR 79480). On June 23, 2016, the Coast
Guard published a second temporary final rule entitled, ``Safety Zone;
Pleasure Beach Bridge, Bridgeport, CT'' in the Federal Register (81 FR
40814). On July 25, 2016, the Coast Guard published a third temporary
final rule entitled, ``Safety Zone; Pleasure Beach Bridge, Bridgeport,
CT'' in the Federal Register (81 FR 48329). On January 19, 2017, the
Coast Guard published a fourth temporary final rule entitled, ``Safety
Zone; Pleasure Beach Bridge, Bridgeport, CT'' in the Federal Register
(82 FR 6250).
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. A solution to remedy the safety hazards associated with this
structure was initially projected to be completed prior to the
expiration of the current safety zone, but has been delayed. It would
be impracticable and contrary to the public interest to delay
promulgating this rule, as it is necessary to protect the safety of
waterway users.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding paragraph, the Coast Guard finds
that good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule is 33 U.S.C. 1231.
On December 9, 2015, the Coast Guard was made aware of damage
sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a
hazard to navigation. After further analysis of the bridge structure,
the Coast Guard concluded that the overall condition of the structure
restricts, endangers, and interferes with navigation. The COTP LIS has
determined that the safety zone established by this temporary final
rule is necessary to provide for the safety of life on navigable
waterways.
IV. Discussion of the Rule
The safety zone established by this rule will cover all navigable
waters of the entrance channel to Johnsons Creek in the vicinity of the
Pleasure Beach Piers, Bridgeport, CT. This safety zone will be bound
inside an area that starts at a point on land at position 41-10.2 N.,
073-10.7 W. and then east along the shoreline to a point on land at
position 41-9.57 N., 073-9.54 W. and then south across the channel to a
point on land at position 41-9.52 N., 073-9.58 W. and then west along
the shoreline to a point on land at position 41-9.52 N., 073-10.5 W.
and then north across the channel back to the point of origin.
This rule prohibits vessels from entering, transiting, mooring, or
anchoring within the area specifically designated as a safety zone
unless authorized by the COTP or designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners and Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) Persons or
vessels desiring to enter the safety zone may do so with permission
from the COTP LIS or a designated representative; and (2) the Coast
Guard will notify the public of this rule via appropriate means, such
as via Local Notice to Mariners and Broadcast Notice to Mariners to
increase public awareness of this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 35657]]
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
temporary rule involves the establishment of a safety zone of limited
duration. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration (REC) for Categorically Excluded Actions
will be available in the docket where indicated under ADDRESSES. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; and Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T01-1088 to read as follows:
Sec. 165.T01-1088 Safety Zone; Pleasure Beach Piers, Bridgeport, CT.
(a) Location. The following area is a safety zone: All navigable
waters of the entrance channel to Johnsons Creek in the vicinity of the
Pleasure Beach Piers, Bridgeport, CT bound inside an area that starts
at a point on land at position 41[deg]10'02.964'' N.,
073[deg]10'08.148'' W. and then east along the shoreline to a point on
land at position 41[deg]09'57.996'' N., 073[deg]09'54.324'' W. and then
south across the channel to a point on land at position
41[deg]09'52.524'' N., 073[deg]09'58.861'' W. and then west along the
shoreline to a point on land at position 41[deg]09'52.776'' N.,
073[deg]10'04.944'' W. and then north across the channel back to the
point of origin.
(b) Enforcement period. This rule will be enforced from 12 a.m. on
July 1, 2017 to 12 a.m. June 30, 2018.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any commissioned, warrant, or petty
officer of the U.S. Coast Guard who has been designated by the Captain
of the Port (COTP) Long Island Sound, to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP Long Island Sound. In addition, members of the
Coast Guard Auxiliary may be present to inform vessel operators of this
regulation.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in 33 CFR 165.23,
entry into or movement within this zone is prohibited unless authorized
by the COTP Long Island Sound.
(3) Operators desiring to enter or operate within the safety zone
should contact the COTP Long Island Sound at 203-468-4401 (Coast Guard
Sector Long Island Sound Command Center) or the designated
representative via VHF channel 16 to obtain permission to do so.
(4) Any vessel given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Long
Island Sound, or the designated on-scene representative.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Dated: June 30, 2017.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island
Sound.
[FR Doc. 2017-16165 Filed 7-31-17; 8:45 am]
BILLING CODE 9110-04-P
