81_FR_90101 81 FR 89862 - Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River, Milford and Stratford, CT

81 FR 89862 - Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River, Milford and Stratford, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range89862-89865
FR Document2016-29909

The Coast Guard is establishing a temporary safety zone on the Housatonic River near Milford and Stratford, CT. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the United Illuminating Company Housatonic River Crossing Project. This regulation prohibits entry of vessels or people into the safety zone unless authorized by the Captain of the Port Sector Long Island Sound.

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016) 
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89862-89865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29909]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0825]
RIN 1625-AA00


Safety Zone; United Illuminating Company Housatonic River 
Crossing Project; Housatonic River, Milford and Stratford, 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 
Housatonic River near Milford and Stratford, CT. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by the United Illuminating Company Housatonic 
River Crossing Project. This regulation prohibits entry of vessels or 
people into the safety zone unless authorized by the Captain of the 
Port Sector Long Island Sound.

DATES: This rule is effective without actual notice from December 13, 
2016 through December 21, 2016. For the purposes of enforcement, actual 
notice will be used from November 29, 2016, through December 13, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 89863]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast 
Guard Sector Long Island Sound, telephone (203) 468-4446, 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
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    On August 25, 2016, United Illuminating Company notified the Coast 
Guard that it will conduct a project involving the installation of new 
electrical transmission cables over the Housatonic River near Stratford 
and Milford, CT. The project is scheduled to begin on November 29, 2016 
and be completed by December 21, 2016. The work will require the 
installation of six new transmission cables and two ``static wires.'' A 
messenger line with a buoy will be shot out into the river with a 
propulsive devise, and then picked up by a vessel, which will pull the 
messenger line to the opposite side of the river. The messenger line 
will be routed up the tower, and used to pull the cables across the 
river and onto the towers. Given the six cables and two static wires, 
there will be a total of eight ``shots.'' The work area is between the 
eastern and western shores of the Housatonic River. The southern 
boundary of the work zone begins at the Metro-North Rail Bridge and 
extends north approximately 525 feet upstream. The Captain of the Port 
(COTP) Long Island Sound has determined that the potential hazards 
associated with the cable crossing project could be a safety concern 
for anyone within the work area.
    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. The late finalization of project details did not give the 
Coast Guard enough time to publish an NPRM, take public comments, and 
issue a final rule before the cable crossing operation is set to begin. 
It would be impracticable and contrary to the public interest to delay 
promulgating this rule as it is necessary to protect the safety of the 
public and waterway users.
    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. The COTP 
Sector LIS has determined that potential hazards associated with the 
river cable crossing project starting on November 29, 2016 and 
continuing through December 21, 2016 will be a safety concern for 
anyone within the work zone. This rule is needed to protect people and 
vessels within the safety zone while the cable crossing project is 
completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:00 a.m. on November 29, 
2016 to 6:00 p.m. on December 21, 2016. The safety zone will cover all 
navigable waters of the Housatonic River near Milford and Stratford, CT 
contained within the following area: Beginning at a point on land in 
position at 41[deg]12'17'' N., 073[deg]06'40'' W. near the Governor 
John Davis Lodge Turnpike (I-95) Bridge; then northeast across the 
Housatonic River to a point on land in position at 41[deg]12'20'' N., 
073[deg]06'29'' W. near the Governor John Davis Lodge Turnpike (I-95) 
Bridge; then northwest along the shoreline to a point on land in 
position at 41[deg]12'25'' N., 073[deg]06'31'' W.; then southwest 
across the Housatonic River to a point on land in position at 
41[deg]12'22'' N., 073[deg]06'43'' W.; then southeast along the 
shoreline back to point of origin (NAD 83). All positions are 
approximate. The duration of the zone is intended to ensure the safety 
of people and vessels in these navigable waters during any instance 
that necessitates a temporary closure of the Housatonic River at the 
work site. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The safety zone will only be enforced during cable 
installation operations or other instances, when they cause a hazard to 
navigation.
    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 via VHF-FM marine channel 16 
eight hours in advance of any scheduled enforcement period. The 
regulatory text we are enforcing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of 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 NPRM 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which will 
affect a small designated area of the Housatonic River for less than 
one hour at a time during the winter months when vessel traffic is 
normally low. It also may be enforced temporarily during the cable 
installation project if necessitated by an emergency. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the 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.

[[Page 89864]]

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 this 
regulated area 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.
    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 rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no 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 would 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 made a 
determination 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 a safety zone enforced for 
less than one hour at a time that would prohibit entry within the work 
zone during each cable installation. It also may be enforced 
temporarily during the cable installation project if necessitated by an 
emergency, such as equipment falling from the towers into the 
Housatonic River. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A environmental analysis checklist and 
Categorical Exclusion Determination are 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, and 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.T01-0825 to read as follows:


Sec.  165.T01-0825  Safety Zone; United Illuminating Company Housatonic 
River Crossing Project; Housatonic River; Milford and Stratford, CT.

    (a) Location: The following area is a safety zone: All navigable 
waters of the Housatonic River near Milford and Stratford, CT contained 
within the following area; beginning at a point on land in position at 
41[deg]12'17'' N, 073[deg]06'40'' W near the Governor John Davis Lodge 
Turnpike (I-95) Bridge; then northeast across the Housatonic River to a 
point on land in position at 41[deg]12'20'' N, 073[deg]06'29'' W near 
the Governor John Davis Lodge Turnpike (I-95) Bridge; then northwest 
along the shoreline to a point on land in position at 41[deg]12'25'' N, 
073[deg]06'31'' W; then southwest across the Housatonic River to a 
point on land in position at 41[deg]12'22'' N, 073[deg]06'43'' W; then 
southeast along the shoreline back to point of origin (NAD 83). All 
positions are approximate.
    (b) Effective and Enforcement Period: This rule will be effective 
from 8:00 a.m. on November 29, 2016 to 6:00 p.m. on December 21, 2016 
but will only be enforced during cable installation operations or other 
instances which may cause a hazard to navigation, when deemed necessary 
by the Captain of the Port (COTP), Sector Long Island Sound. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 eight hours in advance to any scheduled period of 
enforcement or as soon as practicable in response to an emergency.
    (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

[[Page 89865]]

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 Sector Long Island Sound. In addition, members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation. 
A ``work vessel'' is any vessel provided by United Illuminating Company 
for the Housatonic River Crossing Project and may be hailed via VHF 
channel 13 or 16.
    (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 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) and United Illuminating Company at 
203-627-5526 or at 860-904-8551, or the designated representative via 
VHF channel 16 to obtain permission to do so. Request to enter or 
operate in the safety zone must be made 24 hours in advanced of the 
planned undertaking.
    (4) Mariners are requested to proceed with caution after passing 
arrangements have been made. Mariners are requested to cooperate with 
the United Illuminating Company work vessels for the safety of all 
concerned. The United Illuminating Company work vessels will be 
monitoring VHF channels 13 and 16. Mariners are requested to proceed 
with extreme caution and operate at their slowest safe speed as to not 
cause a wake.
    (5) 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.
    (6) 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: November 15, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long 
Island Sound.
[FR Doc. 2016-29909 Filed 12-12-16; 8:45 am]
 BILLING CODE 9110-04-P

89862 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations upper lift deck which operate schedule that governs the Burlington immediate alternate route for vessels to independent of each other. To facilitate Northern Santa Fe (BNSF) Railroad pass is available on this part of the river. this event, the upper deck and the lower Bridge (Kennewick-Pasco Railroad The Coast Guard will also inform the deck will remain in closed-to-navigation Bridge) across the Columbia River, mile users of the waterways through our position. When both decks are in the 328, at Kennewick, WA. This deviation Local and Broadcast Notices to Mariners closed-to-navigation position, the bridge is necessary to accommodate of the change in operating schedule for provides 26 feet of vertical clearance maintenance to replace a lift motor and the bridge so that vessels can arrange above Columbia River Datum 0.0. The install span controls. This deviation their transits to minimize any impact deviation period is from 5 a.m. on allows the bridge to remain in the caused by the temporary deviation. January 9, 2017 to 11:59 p.m. on January closed position during installation In accordance with 33 CFR 117.35(e), 18, 2017. The normal operating activities. the drawbridge must return to its regular schedule for the Steel Bridge is in operating schedule immediately at the accordance with 33 CFR DATES: This deviation is effective from 8 a.m. on January 9, 2017 to 8 p.m. on end of the designated time period. This 117.897(c)(3)(ii). deviation from the operating regulations Waterway usage on this part of the January 20, 2017. is authorized under 33 CFR 117.35. Willamette River includes vessels ADDRESSES: The docket for this deviation, USCG–2016–1043 is available Dated: December 7, 2016. ranging from commercial tug and barge to small pleasure craft. Vessels able to at http://www.regulations.gov. Type the Steven M. Fischer, pass through the bridge in the closed-to- docket number in the ‘‘SEARCH’’ box Bridge Administrator, Thirteenth Coast Guard navigation position may do so at any and click ‘‘SEARCH.’’ Click on Open District. time. The bridge will not be able to open Docket Folder on the line associated [FR Doc. 2016–29809 Filed 12–12–16; 8:45 am] for emergencies, and there is no with this deviation. BILLING CODE 9110–04–P immediate alternate route for vessels to FOR FURTHER INFORMATION CONTACT: If pass. UPRR has conducted a detailed you have questions on this temporary public outreach for this ten day closure DEPARTMENT OF HOMELAND deviation, call or email Mr. Steven of both decks on the Steel Bridge to SECURITY Fischer, Bridge Administrator, Multnomah County, and mariners that Thirteenth Coast Guard District; Coast Guard transit on the river. The Coast Guard has telephone 206–220–7282, email d13-pf- not received any objections to this d13bridges@uscg.mil. 33 CFR Part 165 temporary deviation from the operating SUPPLEMENTARY INFORMATION: BNSF schedule. The Coast Guard will also [Docket Number USCG–2016–0825] requested that the Burlington Northern inform the users of the waterways Santa Fe (BNSF) Railroad Bridge RIN 1625–AA00 through our Local and Broadcast (Kennewick-Pasco Railroad Bridge) Notices to Mariners of the change in across the Columbia River, mile 328, Safety Zone; United Illuminating operating schedule for the bridge so that remain closed to vessel traffic to replace Company Housatonic River Crossing vessel operators can arrange their a lift motor and install span controls. Project; Housatonic River, Milford and transits to minimize any impact caused The Kennewick-Pasco Railroad Bridge Stratford, CT by the temporary deviation. provides 18 feet of vertical clearance In accordance with 33 CFR 117.35(e), AGENCY: Coast Guard, DHS. above Columbia River Datum 0.0 while the drawbridge must return to its regular in the closed position. The current ACTION: Temporary final rule. operating schedule immediately at the operations for the bridge is in 33 CFR end of the designated time period. This SUMMARY: The Coast Guard is 117.1035. This deviation allows the deviation from the operating regulations establishing a temporary safety zone on span of this bridge to remain in the is authorized under 33 CFR 117.35. the Housatonic River near Milford and closed-to-navigation position, and need Dated: December 7, 2016. not open for maritime traffic from 8 a.m. Stratford, CT. The safety zone is needed Steven M Fischer, on January 9, 2017 to 8 p.m. on January to protect personnel, vessels, and the Bridge Administrator, Thirteenth Coast Guard 20, 2017. These dates coincide with the marine environment from potential District. U.S. Army Corps of Engineers schedule hazards created by the United [FR Doc. 2016–29775 Filed 12–12–16; 8:45 am] closures of the Columbia River Illuminating Company Housatonic River BILLING CODE 9110–04–P navigation locks. The bridge shall Crossing Project. This regulation operate in accordance to 33 CFR prohibits entry of vessels or people into 117.1035 at all other times. Waterway the safety zone unless authorized by the DEPARTMENT OF HOMELAND usage on this part of the Columbia River Captain of the Port Sector Long Island SECURITY includes vessels ranging from Sound. commercial tug and tow vessels to DATES: This rule is effective without Coast Guard recreational pleasure craft including actual notice from December 13, 2016 cabin cruisers and sailing vessels. through December 21, 2016. For the 33 CFR Part 117 purposes of enforcement, actual notice Vessels able to pass through the [Docket No. USCG–2016–1043] bridge in the closed position may do so will be used from November 29, 2016, at anytime. During the first week of the through December 13, 2016. Drawbridge Operation Regulation; installation period, the span of the ADDRESSES: To view documents pmangrum on DSK3GDR082PROD with RULES Columbia River, Kennewick, WA bridge will not be able to open for mentioned in this preamble as being AGENCY: Coast Guard, DHS. maritime emergencies; however, the available in the docket, go to http:// ACTION:Notice of deviation from span may be opened during the second www.regulations.gov, type USCG–2016– drawbridge regulations. week of installation work for maritime 0825 in the ‘‘SEARCH’’ box and click emergencies, but any emergency ‘‘SEARCH.’’ Click on Open Docket SUMMARY: The Coast Guard has issued a opening will necessitate a time Folder on the line associated with this temporary deviation from the operating extension to the approved dates. No rule. VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 89863 FOR FURTHER INFORMATION CONTACT: If contrary to the public interest. The late The Coast Guard will notify the you have questions on this rule, contact finalization of project details did not public and local mariners of this safety Petty Officer Jay TerVeen, Prevention give the Coast Guard enough time to zone through appropriate means, which Department, U.S. Coast Guard Sector publish an NPRM, take public may include, but are not limited to, Long Island Sound, telephone (203) comments, and issue a final rule before publication in the Federal Register, the 468–4446, email the cable crossing operation is set to Local Notice to Mariners, and Broadcast Jay.C.TerVeen@uscg.mil. begin. It would be impracticable and Notice to Mariners via VHF–FM marine SUPPLEMENTARY INFORMATION: contrary to the public interest to delay channel 16 eight hours in advance of promulgating this rule as it is necessary any scheduled enforcement period. The I. Table of Abbreviations to protect the safety of the public and regulatory text we are enforcing appears waterway users. at the end of this document. COTP Captain of the Port DHS Department of Homeland Security Under 5 U.S.C. 553(d)(3), and for the V. Regulatory Analyses FR Federal Register same reasons stated in the preceding paragraph, the Coast Guard finds that We developed this rule after LIS Long Island Sound considering numerous statutes and NPRM Notice of Proposed Rulemaking good cause exists for making this rule NAD 83 North American Datum 1983 Executive orders related to rulemaking. effective less than 30 days after Below we summarize our analyses publication in the Federal Register. II. Background Information and based on a number of these statutes and Regulatory History III. Legal Authority and Need for Rule Executive orders, and we discuss First Amendment rights of protestors. On August 25, 2016, United The legal basis for this temporary rule Illuminating Company notified the is 33 U.S.C. 1231. The COTP Sector LIS A. Regulatory Planning and Review Coast Guard that it will conduct a has determined that potential hazards Executive Orders 12866 and 13563 project involving the installation of new associated with the river cable crossing direct agencies to assess the costs and electrical transmission cables over the project starting on November 29, 2016 benefits of available regulatory Housatonic River near Stratford and and continuing through December 21, alternatives and, if regulation is Milford, CT. The project is scheduled to 2016 will be a safety concern for anyone necessary, to select regulatory begin on November 29, 2016 and be within the work zone. This rule is approaches that maximize net benefits. completed by December 21, 2016. The needed to protect people and vessels Executive Order 13563 emphasizes the work will require the installation of six within the safety zone while the cable importance of quantifying both costs new transmission cables and two ‘‘static crossing project is completed. and benefits, of reducing costs, of wires.’’ A messenger line with a buoy IV. Discussion of the Rule harmonizing rules, and of promoting will be shot out into the river with a flexibility. This NPRM has not been propulsive devise, and then picked up This rule establishes a safety zone designated a ‘‘significant regulatory by a vessel, which will pull the from 8:00 a.m. on November 29, 2016 to action,’’ under Executive Order. 12866. messenger line to the opposite side of 6:00 p.m. on December 21, 2016. The Accordingly, it has not been reviewed the river. The messenger line will be safety zone will cover all navigable by the Office of Management and routed up the tower, and used to pull waters of the Housatonic River near Budget. the cables across the river and onto the Milford and Stratford, CT contained This regulatory action determination towers. Given the six cables and two within the following area: Beginning at is based on the size, location, duration, static wires, there will be a total of eight a point on land in position at 41°12′17″ and time-of-year of the safety zone. ‘‘shots.’’ The work area is between the N., 073°06′40″ W. near the Governor Vessel traffic will be able to safely eastern and western shores of the John Davis Lodge Turnpike (I–95) transit around this safety zone, which Housatonic River. The southern Bridge; then northeast across the will affect a small designated area of the boundary of the work zone begins at the Housatonic River to a point on land in Housatonic River for less than one hour Metro-North Rail Bridge and extends position at 41°12′20″ N., 073°06′29″ W. at a time during the winter months north approximately 525 feet upstream. near the Governor John Davis Lodge when vessel traffic is normally low. It The Captain of the Port (COTP) Long Turnpike (I–95) Bridge; then northwest also may be enforced temporarily during Island Sound has determined that the along the shoreline to a point on land the cable installation project if potential hazards associated with the in position at 41°12′25″ N., 073°06′31″ necessitated by an emergency. cable crossing project could be a safety W.; then southwest across the Moreover, the Coast Guard will issue a concern for anyone within the work Housatonic River to a point on land in Broadcast Notice to Mariners via VHF– area. position at 41°12′22″ N., 073°06′43″ W.; FM marine channel 16 about the zone, The Coast Guard is issuing this then southeast along the shoreline back and the rule allows vessels to seek temporary final rule without prior to point of origin (NAD 83). All permission to enter the zone. notice and opportunity to comment positions are approximate. The duration pursuant to authority under section 4(a) of the zone is intended to ensure the B. Impact on Small Entities of the Administrative Procedure Act safety of people and vessels in these The Regulatory Flexibility Act of (APA) (5 U.S.C. 553(b)). This provision navigable waters during any instance 1980, 5 U.S.C. 601–612, as amended, authorizes an agency to issue a rule that necessitates a temporary closure of requires Federal agencies to consider without prior notice and opportunity to the Housatonic River at the work site. the potential impact of regulations on comment when the agency for good No vessel or person will be permitted to small entities during rulemaking. The pmangrum on DSK3GDR082PROD with RULES cause finds that those procedures are enter the safety zone without obtaining term ‘‘small entities’’ comprises small ‘‘impracticable, unnecessary, or contrary permission from the COTP or a businesses, not-for-profit organizations to the public interest.’’ Under 5 U.S.C. designated representative. The safety that are independently owned and 553(b)(B), the Coast Guard finds that zone will only be enforced during cable operated and are not dominant in their good cause exists for not publishing an installation operations or other fields, and governmental jurisdictions NPRM with respect to this rule because instances, when they cause a hazard to with populations of less than 50,000. doing so would be impracticable and navigation. The Coast Guard certifies under 5 U.S.C. VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1

89864 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 605(b) that this rule will not have a or on the distribution of power and List of Subjects in 33 CFR Part 165 significant economic impact on a responsibilities between the Federal Harbors, Marine safety, Navigation substantial number of small entities. Government and Indian tribes. If you (water), Reporting and record keeping While some owners or operators of believe this rule has implications for requirements, Security measures, and vessels intending to transit this federalism or Indian tribes, please Waterways. regulated area may be small entities, for contact the person listed in the FOR For the reasons discussed in the the reasons stated in section V.A above, FURTHER INFORMATION CONTACT section preamble, the Coast Guard amends 33 this rule will not have a significant above. CFR part 165 as follows: economic impact on any vessel owner or operator. Under section 213(a) of the E. Unfunded Mandates Reform Act PART 165—REGULATED NAVIGATION Small Business Regulatory Enforcement The Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires we want to assist small entities in Federal agencies to assess the effects of ■ 1. The authority citation for part 165 understanding this rule. If the rule their discretionary regulatory actions. In continues to read as follows: would affect your small business, particular, the Act addresses actions Authority: 33 U.S.C. 1231; 50 U.S.C. 191; organization, or governmental that may result in the expenditure by a 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; jurisdiction and you have questions State, local, or tribal government, in the and Department of Homeland Security concerning its provisions or options for aggregate, or by the private sector of Delegation No. 0170.1. compliance, please contact the person $100,000,000 (adjusted for inflation) or ■ 2. Add § 165.T01–0825 to read as listed in the FOR FURTHER INFORMATION more in any one year. Though this rule follows: CONTACT. will not result in such an expenditure, Small businesses may send comments we do discuss the effects of this rule § 165.T01–0825 Safety Zone; United on the actions of Federal employees elsewhere in this preamble. Illuminating Company Housatonic River who enforce, or otherwise determine Crossing Project; Housatonic River; Milford F. Environment and Stratford, CT. compliance with, Federal regulations to the Small Business and Agriculture We have analyzed this rule under (a) Location: The following area is a Regulatory Enforcement Ombudsman Department of Homeland Security safety zone: All navigable waters of the and the Regional Small Business Management Directive 023–01 and Housatonic River near Milford and Regulatory Fairness Boards. The Commandant Instruction M16475.lD, Stratford, CT contained within the Ombudsman evaluates these actions which guide the Coast Guard in following area; beginning at a point on annually and rates each agency’s complying with the National land in position at 41°12′17″ N, responsiveness to small business. If you Environmental Policy Act of 1969 (42 073°06′40″ W near the Governor John wish to comment on actions by U.S.C. 4321–4370f), and have made a Davis Lodge Turnpike (I–95) Bridge; employees of the Coast Guard, call 1– determination that this action is one of then northeast across the Housatonic 888–REG–FAIR (1–888–734–3247). The a category of actions that do not River to a point on land in position at Coast Guard will not retaliate against individually or cumulatively have a 41°12′20″ N, 073°06′29″ W near the small entities that question or complain significant effect on the human Governor John Davis Lodge Turnpike (I– about this rule or any policy or action environment. This temporary rule 95) Bridge; then northwest along the of the Coast Guard. involves a safety zone enforced for less shoreline to a point on land in position than one hour at a time that would at 41°12′25″ N, 073°06′31″ W; then C. Collection of Information prohibit entry within the work zone southwest across the Housatonic River This rule calls for no new collection during each cable installation. It also to a point on land in position at of information under the Paperwork may be enforced temporarily during the 41°12′22″ N, 073°06′43″ W; then Reduction Act of 1995 (44 U.S.C. 3501– cable installation project if necessitated southeast along the shoreline back to 3520). by an emergency, such as equipment point of origin (NAD 83). All positions falling from the towers into the are approximate. D. Federalism and Indian Tribal Housatonic River. Normally such (b) Effective and Enforcement Period: Governments actions are categorically excluded from This rule will be effective from 8:00 a.m. A rule has implications for federalism further review under paragraph 34(g) of on November 29, 2016 to 6:00 p.m. on under Executive Order 13132, Figure 2–1 of Commandant Instruction December 21, 2016 but will only be Federalism, if it has a substantial direct M16475.lD. A environmental analysis enforced during cable installation effect on the States, on the relationship checklist and Categorical Exclusion operations or other instances which may between the national government and Determination are available in the cause a hazard to navigation, when the States, or on the distribution of docket where indicated under deemed necessary by the Captain of the power and responsibilities among the ADDRESSES. We seek any comments or Port (COTP), Sector Long Island Sound. various levels of government. We have information that may lead to the The Coast Guard will issue a Broadcast analyzed this rule under that Order and discovery of a significant environmental Notice to Mariners via VHF–FM marine have determined that it is consistent impact from this rule. channel 16 eight hours in advance to with the fundamental federalism any scheduled period of enforcement or principles and preemption requirements G. Protest Activities as soon as practicable in response to an described in Executive Order 13132. The Coast Guard respects the First emergency. Also, this rule does not have tribal Amendment rights of protesters. (c) Definitions. The following pmangrum on DSK3GDR082PROD with RULES implications under Executive Order Protesters are asked to contact the definitions apply to this section: A 13175, Consultation and Coordination person listed in the FOR FURTHER ‘‘designated representative’’ is any Coast with Indian Tribal Governments, INFORMATION CONTACT section to Guard commissioned, warrant or petty because it would not have a substantial coordinate protest activities so that your officer of the U.S. Coast Guard who has direct effect on one or more Indian message can be received without been designated by the COTP, Sector tribes, on the relationship between the jeopardizing the safety or security of Long Island Sound, to act on his or her Federal Government and Indian tribes, people, places, or vessels. behalf. The designated representative VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 89865 may be on an official patrol vessel or DEPARTMENT OF HOMELAND authority under section 4(a) of the may be on shore and will communicate SECURITY Administrative Procedure Act (APA) (5 with vessels via VHF–FM radio or U.S.C. 553(b)). This provision loudhailer. ‘‘Official patrol vessels’’ may Coast Guard authorizes an agency to issue a rule consist of any Coast Guard, Coast Guard without prior notice and opportunity to Auxiliary, state, or local law 33 CFR Part 165 comment when the agency for good enforcement vessels assigned or [Docket Number USCG–2016–0987] cause finds that those procedures are approved by the COTP Sector Long ‘‘impracticable, unnecessary, or contrary RIN 1625–AA00 to the public interest.’’ Under 5 U.S.C. Island Sound. In addition, members of the Coast Guard Auxiliary may be 553(b)(B), the Coast Guard finds that Safety Zone; James River, Newport good cause exists for not publishing a present to inform vessel operators of News, VA this regulation. A ‘‘work vessel’’ is any notice of proposed rulemaking (NPRM) AGENCY: Coast Guard, DHS. with respect to this rule because vessel provided by United Illuminating information about the training starting Company for the Housatonic River ACTION: Temporary final rule. at 8 a.m. on December 12, 2016, through Crossing Project and may be hailed via 4 p.m. on December 16, 2016, was not VHF channel 13 or 16. SUMMARY: The Coast Guard is establishing a temporary safety zone on received by the Coast Guard until (d) Regulations. (1) The general the navigable waters of the James River October 25, 2016. Failure to conduct regulations contained in 33 CFR 165.23 within 1500-foot radius of the M/V SS this required training at this time will apply. DEL MONTE, in the vicinity of the result in a lapse in personnel (2) In accordance with the general James River Reserve Fleet, in support of qualification standards and, regulations in 33 CFR 165.23, entry into United States Navy explosive training consequently, the inability of Navy or movement within this zone is on the M/V SS DEL MONTE. This personnel to carry out important action is necessary to provide for the national security functions. Due to the prohibited unless authorized by the safety of life and property on the timing of the notification it would be Captain of the Port Long Island Sound. surrounding navigable waters during the impracticable for the Coast Guard to (3) Operators of vessels desiring to publish an NPRM because there is United States Navy explosives training. enter or operate within the safety zone insufficient time to allow for an Entry of vessels or persons into this should contact the COTP Sector Long opportunity for public comment on the zone is prohibited unless specifically Island Sound at 203–468–4401 (Sector authorized by the Captain of the Port proposed rule. Publishing an NPRM LIS command center) and United Hampton Roads. would be contrary to the public interest Illuminating Company at 203–627–5526 since immediate action is necessary to DATES: This rule is effective without or at 860–904–8551, or the designated protect the public safety by ensuring the actual notice from December 13, 2016 standards of training are met. The representative via VHF channel 16 to through 4 p.m. on December 16, 2016. potential hazards to mariners within the obtain permission to do so. Request to For the purposes of enforcement, actual safety zone include shock waves, flying enter or operate in the safety zone must notice will be used from 8 a.m. on be made 24 hours in advanced of the shrapnel, and loud noises. We are December 12, 2016, through December issuing this rule, and under 5 U.S.C. planned undertaking. 13, 2016. 553(d)(3), the Coast Guard finds that (4) Mariners are requested to proceed ADDRESSES: To view documents good cause exists for making it effective with caution after passing arrangements mentioned in this preamble as being less than 30 days after publication in the have been made. Mariners are requested available in the docket, go to http:// Federal Register. As noted above, to cooperate with the United www.regulations.gov, type USCG–2016– failure to conduct this required training Illuminating Company work vessels for 0987 in the ‘‘SEARCH’’ box and click at this time will result in a lapse in the safety of all concerned. The United ‘‘SEARCH.’’ Click on Open Docket personnel qualification standards and, Illuminating Company work vessels will Folder on the line associated with this consequently, the inability of Navy be monitoring VHF channels 13 and 16. rule. personnel to carry out important Mariners are requested to proceed with FOR FURTHER INFORMATION CONTACT: If national security functions. Due to the extreme caution and operate at their you have questions on this rule, call or need for immediate action, the slowest safe speed as to not cause a email LCDR Barbara Wilk, Sector restriction on vessel traffic is necessary wake. Hampton Roads Waterways to protect life, property and the (5) Any vessel given permission to Management, U.S. Coast Guard; environment. Delaying the effective date enter or operate in the safety zone must telephone 757–668–5580, email would be contrary to the safety zone’s comply with all directions given to Hamptonroadswaterway@uscg.mil. intended objectives of protecting them by the COTP Sector Long Island SUPPLEMENTARY INFORMATION: persons and vessels, and enhancing Sound, or the designated on-scene public and maritime safety. I. Table of Abbreviations representative. III. Legal Authority and Need for Rule (6) Upon being hailed by a U.S. Coast CFR Code of Federal Regulations The Coast Guard is issuing this rule DHS Department of Homeland Security Guard vessel by siren, radio, flashing FR Federal Register under authority in 33 U.S.C. 1231. The light or other means, the operator of the NPRM Notice of proposed rulemaking Captain of the Port Hampton Roads vessel shall proceed as directed. § Section (COTP) has determined that potential pmangrum on DSK3GDR082PROD with RULES Dated: November 15, 2016. U.S.C. United States Code hazards associated with the military training starting at 8 a.m. on December K.B. Reed, II. Background Information and 12, 2016, through 4 p.m. on December Commander, U.S. Coast Guard, Acting Regulatory History 16, 2016, will be a safety concern for Captain of the Port Sector Long Island Sound. The Coast Guard is issuing this anyone within a 1500-foot radius of the [FR Doc. 2016–29909 Filed 12–12–16; 8:45 am] temporary rule without prior notice and M/V SS DEL MONTE. This rule is BILLING CODE 9110–04–P opportunity to comment pursuant to needed to protect the participants, VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1


Document Created: 2016-12-13 02:44:00
Document Modified: 2016-12-13 02:44:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from December 13, 2016 through December 21, 2016. For the purposes of enforcement, actual notice will be used from November 29, 2016, through December 13, 2016.
ContactIf you have questions on this rule, contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4446, email [email protected]
FR Citation81 FR 89862 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways
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