[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40814-40816]
[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 http://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<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
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

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.

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

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; Department of Homeland Security Delegation No.
0170.1.

0
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


  SEQ CHAPTER \h \r 1

   	U.S. Environmental Protection Agency

                    stratospheric ozone protection program	class i controlled substance

methyl bromide importer quarterly report

      	1.2    FORMCHECKBOX  Original Submittal    FORMCHECKBOX   Re-submittal

1.3  Number of Transactions Reported	  FORMTEXT        	1.4 Number of Pages Submitted	  FORMTEXT

1.5  Quarter and Year to Which This Report Applies 	  FORMCHECKBOX   1st   FORMCHECKBOX   2nd	  FORMCHECKBOX   3rd	  FORMCHECKBOX   4th	Year   FORMTEXT

1.6 Importing Company

	Company Name    FORMTEXT

Street Address    FORMTEXT

City    FORMTEXT        	State    FORMTEXT

           	Zip Code     FORMTEXT

1.7 Company Contact Identification

Reporting Company Contact Person

  FORMTEXT

	Phone Number

  FORMTEXT        	Fax Number

  FORMTEXT

E-mail Address   FORMTEXT

1.8 Sales to Critical Users Information	Did your company make sales directly to critical users?

If yes, is the Sales of Critical Methyl Bromide to End Users Report attached?	  FORMCHECKBOX    Yes

  FORMCHECKBOX    Yes	  FORMCHECKBOX    No

  FORMCHECKBOX    No

1.9 Critical Stock Allowances Information	Did your company own pre-phaseout stocks of methyl bromide, receive critical stock allowances (CSAs) allocations, or purchase CSAs?

If yes, is the Pre-2005 Methyl Bromide Stocks Report attached?	  FORMCHECKBOX    Yes

  FORMCHECKBOX    Yes	  FORMCHECKBOX    No

Title    FORMTEXT

Signature    FORMTEXT        	Date    FORMTEXT

SEND COMPLETED FORMS TO:	For U.S. Postal Service:

Tracking System Program Manager

Stratospheric Protection Division

U.S. EPA (6205J)

1200 Pennsylvania Avenue, NW

Washington, DC  20460	For Private Courier:

Tracking System Program Manager

Stratospheric Protection Division

U.S. EPA (6205J)

1310 L Street, NW;  10th Floor

Washington, DC  20005

Information in reports submitted in compliance with the final rule may be claimed as confidential.  A company may assert a claim of confidentiality for information submitted by clearly marking that information as confidential.  Such information shall be treated in accordance with EPA’s procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means set forth in the subpart.  If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the company (40 CFR 2.203).

The public reporting and recordkeeping burden for this collection of information is estimated to average 18 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.          SEQ CHAPTER \h \r 1

     U.S. Environmental Protection Agency

               stratospheric ozone protection program	class i controlled substance

methyl bromide importer quarterly report

(Sec 82.13)

SECTION 2    TRANSACTION RECORDS

                              (Reproduce additional sheets as needed)

2.1 Company Name	  FORMTEXT

2.2 Transaction Summaries

TRANSACTION #	  FORMTEXT

Source Country    FORMTEXT

Port of Exit from Source Country   FORMTEXT        	Importer Number   FORMTEXT

Quantity of Commodity Imported (kg)

  FORMTEXT        	Quantity of Methyl Bromide Imported (kg)

  FORMTEXT

Port of Entry into the U.S.	Customs Entry Summary Number 	Date of Import (mm/dd/yy)

  FORMTEXT

Methyl Bromide will be imported for:	Post-Harvest CUE   FORMCHECKBOX   Pre-Plant CUE

  FORMCHECKBOX  	Destruction

  FORMCHECKBOX  	Transformation

  FORMCHECKBOX  	QPS

  FORMCHECKBOX  	Emergency Use

  FORMCHECKBOX  	Lab Use

  FORMCHECKBOX

Transaction Type (check one): 	  FORMCHECKBOX   New	  FORMCHECKBOX   Used	  FORMCHECKBOX    Heels

TRANSACTION #	  FORMTEXT

Source Country   FORMTEXT

Port of Exit from Source Country   FORMTEXT        	Importer Number   FORMTEXT

Quantity of Commodity Imported (kg)

  FORMTEXT        	Quantity of Methyl Bromide Imported (kg)

  FORMTEXT

Port of Entry into the U.S.

  FORMTEXT        	Customs Entry Summary Number	Date of Import (mm/dd/yy)

  FORMTEXT

Methyl Bromide will be imported for:	Post-Harvest CUE   FORMCHECKBOX   Pre-Plant CUE

  FORMCHECKBOX  	Destruction

  FORMCHECKBOX  	Transformation

  FORMCHECKBOX  	QPS

  FORMCHECKBOX  	Emergency Use

  FORMCHECKBOX  	Lab Use

  FORMCHECKBOX

Transaction Type (check one):	  FORMCHECKBOX   New	  FORMCHECKBOX   Used   FORMCHECKBOX    Heels

TRANSACTION #	  FORMTEXT

Source Country   FORMTEXT

Port of Exit from Source Country   FORMTEXT        	Importer Number   FORMTEXT

Quantity of Commodity Imported (kg)

  FORMTEXT        	Quantity of Methyl Bromide Imported (kg)

  FORMTEXT

Port of Entry into the U.S.	Customs Entry Summary Number   FORMTEXT        	Date of Import (mm/dd/yy)

  FORMTEXT

Methyl Bromide will be imported for:	Post-Harvest   CUE   FORMCHECKBOX   Pre-Plant CUE

  FORMCHECKBOX  	Destruction

  FORMCHECKBOX  	Transformation

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Transaction Type (check one):	  FORMCHECKBOX   New	  FORMCHECKBOX   Used   FORMCHECKBOX    Heels

  SEQ CHAPTER \h \r 1

   U.S. Environmental Protection Agency

           stratospheric ozone protection program

class i controlled sustance

methyl bromide importer quarterly report

(Sec 82.13)

SECTION 3    COMPANY IMPORT DATA

3.1 Company Name	  FORMTEXT

3.2 Company Import Totals   (Methyl Bromide Commodity Code 2903.30.1520)

A	B	C	D	E	F	G	H	I	J	K

In-House Trans-formation (kg)

	Second- Party Trans- formation (kg)	In-House Destruction (kg) Second-Party Destruction (kg)	Quarantine and Pre-shipment  (QPS) (kg) Critical Use Exemption (CUE) (kg)	Emergency Use Exemption (kg)	Lab Use (kg)	Gross Imports (kg)

(A+B+C+D+E+F1+ F2+G+H=I)	Total ‘Used’ Imports (kg)	Total  ‘Heels’ (kg)

	F1	F2

Pre-Plant	Post-Harvest

	  FORMTEXT

	  FORMTEXT

	  FORMTEXT

	  FORMTEXT

	  FORMTEXT

	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT        	  FORMTEXT

	  FORMTEXT

	  FORMTEXT

  SEQ CHAPTER \h \r 1

   U.S. Environmental Protection Agency

           stratospheric ozone protection program	class i controlled substance

methyl bromide importer quarterly report

(Sec 82.13)

SECTION 4    ALLOWANCE EXPENDITURE DATA

4.1 Company Name	  FORMTEXT

4.2 Allowance Balance Summary

Expended	Unexpended

A1	Total pre-plant critical use allowances (CUAs)  for year to date (as of the end of the quarter) that were:	  FORMTEXT

	  FORMTEXT

A2	Total post-harvest critical use allowances (CUAs) for year to date (as of the end of the quarter) that were:	  FORMTEXT

	  FORMTEXT

B	Total critical stock allowances (CSAs) for year to date (as of the end of the quarter) that were:	  FORMTEXT

	  FORMTEXT

4.3 Importer’s CUE Methyl Bromide Ending Inventory, If Any (Complete this question for 4th quarter reporting only)

  FORMTEXT        	kg  owned by reporting company (at end of the control period) (including all quantities held by other suppliers, but not quantities sold to end-users)

4.4 Name(s) of Company(ies) for Which Critical Use Methyl Bromide is Being Held by Reporting Entity and Associated Amounts (kg) Held for Each (excluding end-users) (Complete this question for 4th quarter reporting only)

Company Name:    FORMTEXT        	Pre-Plant (kg):   FORMTEXT        	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT        	Pre-Plant (kg):   FORMTEXT        	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT        	Pre-Plant (kg):   FORMTEXT        	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT        	Pre-Plant (kg):   FORMTEXT        	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT        	Pre-Plant (kg):   FORMTEXT        	Post-Harvest (kg):   FORMTEXT

	OMB Control Number: 2060-0482

	Expiration Date: 8/31/11

EPA Form # 5900-144, Revised 6/08

	         OMB Control Number: 2060-0482

			              Expiration Date: 8/31/11

	EPA Form # 5900-144, Revised 6/08

	OMB Control Number: 2060-0482

	Expiration Date: 8/31/11	         OMB Control Number: 2060-0482		              Expiration Date: 8/31/11

EPA Form # 5900-144, Revised 6/08