[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 [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
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]
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