Safety Zone; Pleasure Beach Piers, Bridgeport, CT, 35655-35657 [2017-16165]

Download as PDF 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 http://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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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 http:// www.regulations.gov, type USCG–2015– 1088 and USCG–2015–1123 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, contact Petty Officer Katherine Linnick, SUMMARY: E:\FR\FM\01AUR1.SGM 01AUR1 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 VerDate Sep<11>2014 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. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01AUR1.SGM 01AUR1 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. mstockstill on DSK30JT082PROD with RULES 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. VerDate Sep<11>2014 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 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 E:\FR\FM\01AUR1.SGM 01AUR1

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]


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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 Piers, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Pleasure Beach, Bridgeport, CT for 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 http://www.regulations.gov, type USCG-
2015-1088 and USCG-2015-1123 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer 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