82_FR_11438 82 FR 11403 - Safety Zone; Loop Parkway Bridge-Long Creek, Hempstead, NY

82 FR 11403 - Safety Zone; Loop Parkway Bridge-Long Creek, Hempstead, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 35 (February 23, 2017)

Page Range11403-11405
FR Document2017-03498

The Coast Guard is establishing a temporary safety zone on Long Creek in Hempstead, NY around the Loop Parkway Bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Weeks Marine Loop Parkway Submarine Cable Routing and Protection 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 82 Issue 35 (Thursday, February 23, 2017)
[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Rules and Regulations]
[Pages 11403-11405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03498]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0019]
RIN 1625-AA00


Safety Zone; Loop Parkway Bridge--Long Creek, Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Long Creek in Hempstead, NY around the Loop Parkway Bridge. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the Weeks Marine Loop 
Parkway Submarine Cable Routing and Protection 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 February 23, 
2017 through February 24, 2017. For the purposes of enforcement, actual 
notice will be used from January 25, 2017, through February 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0019 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, 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
NAD 83 North American Datum 1983
CFR Code of Federal Regulations
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 5, 2017, Weeks Marine notified the Coast Guard that it 
will conduct a project involving the installation of new electrical 
cables across Long Creek in Hempstead, NY under the Loop Parkway 
Bridge. The project is scheduled to begin on January 25, 2017 and be 
completed by February 24, 2017. The work will require the installation 
of two power submarine cables and one control submarine cable for the 
Loop Parkway Bridge over Long Creek. Several barges will be in place 
during the temporary rigging and suspension of cables across the 
channel. The main channel will be trenched for final placement of the 
cables. Upon final placement, sand bags and stone will be placed to 
protect the installed cables. The work area is primarily between Pier 6 
and Pier 13 on the south side of the Loop Parkway Bridge on Long Creek. 
The COTP Long Island Sound has determined that the potential hazards 
associated with the cable crossing project will 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 
submarine cable project starting on January 25, 2017 and continuing 
through February 24, 2017 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 submarine cable project is completed.

[[Page 11404]]

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on January 25, 
2017 through 5:00 p.m. on February 24, 2017. The safety zone will cover 
all navigable waters of Long Creek in Hempstead, NY around the Loop 
Parkway Bridge: beginning at a point in position at 40[deg]36'18'' N., 
073[deg]34'13'' W. north of Pier 6 on the Loop Parkway Bridge; then 
south to a point in position at 40[deg]36'12'' N., 073[deg]34'12'' W. 
south of Pier 6 on the Loop Parkway Bridge; then east across Long Creek 
channel to a point in position at 40[deg]36'13'' N., 073[deg]34'08'' 
W.; then north to a point in position at 40[deg]36'18'' N., 
073[deg]34'09'' W.; then west across the Long Creek channel back to 
point of origin (NAD 83). All positions are approximate. The duration 
of the zone is intended to protect people, vessels, and the marine 
environment in these navigable waters during the Weeks Marine Loop 
Parkway Submarine Cable Routing and Protection Project. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a 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 via VHF-FM marine channel16 
twenty-four 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 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.
    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 Long Creek during the winter months 
when vessel traffic is normally low. Moreover, the Coast Guard will 
notify the public of enforcement of this rule via appropriate means, 
such as Local Notice to Mariners, Broadcast Notice to Mariners or VHF-
FM marine channel 16 to increase public awareness of this safety zone 
and the procedure to allow persons or 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. 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 section.
    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 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 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 from 
January 25, 2017 through February 24,

[[Page 11405]]

2017 that would prohibit entry within the work zone during the 
submarine cable installation project. It is 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.T01-0019 to read as follows:


Sec.  165.T01-0019   Safety Zone; Loop Parkway Bridge; Long Creek, 
Hempstead, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of Long Creek in Hempstead, NY around the Loop Parkway Bridge, 
contained within the following area; beginning at a point in position 
40[deg]36'18'' N., 073[deg]34'13'' W. north of Pier 6 on the Loop 
Parkway Bridge; then south to a point in position at 40[deg]36'12'' N., 
073[deg]34'12'' W. south of Pier 6 on the Loop Parkway Bridge; then 
east across Long Creek channel to a point in position at 40[deg]36'13'' 
N., 073[deg]34'08'' W.; then north to a point in position at 
40[deg]36'18'' N., 073[deg]34'09'' W.; then west across the Long Creek 
channel back to point of origin (NAD 83). All positions are 
approximate.
    (b) Effective and enforcement period. This rule will be effective 
from 6:00 a.m. on January 25, 2017 through 5:00 p.m. on February 24, 
2017, 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), Long Island Sound. The 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 twenty-four hours in advance to any scheduled period of 
enforcement or as soon as practicable in response to an emergency. In 
the event that project work in the main channel is completed prior to 
the end of the effective date of February 24, 2017, the Coast Guard 
will suspend the safety zone and notify the public of channel reopening 
via VHF-FM marine channel 16 for twenty-four hours after reopening.
    (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, 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. 
A ``work vessel'' is any vessel provided by Weeks Marine for the Loop 
Parkway Bridge Submarine Cable and Protection 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 COTP Long Island Sound.
    (3) Operators of vessels desiring to enter or operate within the 
safety zone should contact the COTP Long Island Sound at 203-468-4401 
(Sector LIS command center) or the designated representative on scene 
via VHF channel 16 to obtain permission to do so. Request to enter or 
operate in the safety zone must be made twenty-four hours in advance.
    (4) Mariners are requested to proceed with caution after passing 
arrangements have been made. Mariners are requested to cooperate with 
the Weeks Marine project work vessels for the safety of all concerned. 
The Weeks Marine project 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 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: January 24, 2017.
A.E Tucci,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 2017-03498 Filed 2-22-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations                                       11403

                                             Guard, state, or local law enforcement                  DEPARTMENT OF HOMELAND                                across Long Creek in Hempstead, NY
                                             and sponsor provided vessels assigned                   SECURITY                                              under the Loop Parkway Bridge. The
                                             or approved by the Captain of the Port                                                                        project is scheduled to begin on January
                                             (COTP) Mobile to patrol the regulated                   Coast Guard                                           25, 2017 and be completed by February
                                             area.                                                                                                         24, 2017. The work will require the
                                                                                                     33 CFR Part 165                                       installation of two power submarine
                                                (3) Spectator vessels desiring to
                                                                                                                                                           cables and one control submarine cable
                                             transit the regulated area may do so only               [Docket Number USCG–2017–0019]
                                                                                                                                                           for the Loop Parkway Bridge over Long
                                             with prior approval of the Patrol
                                                                                                     RIN 1625–AA00                                         Creek. Several barges will be in place
                                             Commander and when so directed by                                                                             during the temporary rigging and
                                             that officer will be operated at a                      Safety Zone; Loop Parkway Bridge—                     suspension of cables across the channel.
                                             minimum safe navigation speed in a                      Long Creek, Hempstead, NY                             The main channel will be trenched for
                                             manner which will not endanger                                                                                final placement of the cables. Upon final
                                             participants in the regulated area or any               AGENCY:    Coast Guard, DHS.                          placement, sand bags and stone will be
                                             other vessels.                                          ACTION:   Temporary final rule.                       placed to protect the installed cables.
                                                (4) No spectator vessel shall anchor,                                                                      The work area is primarily between Pier
                                                                                                     SUMMARY:   The Coast Guard is                         6 and Pier 13 on the south side of the
                                             block, loiter, or impede the through
                                                                                                     establishing a temporary safety zone on               Loop Parkway Bridge on Long Creek.
                                             transit of participants or official patrol
                                                                                                     Long Creek in Hempstead, NY around                    The COTP Long Island Sound has
                                             vessels in the regulated area during the                the Loop Parkway Bridge. The safety
                                             effective dates and times, unless cleared                                                                     determined that the potential hazards
                                                                                                     zone is needed to protect personnel,                  associated with the cable crossing
                                             for entry by or through an official patrol              vessels, and the marine environment
                                             vessel.                                                                                                       project will be a safety concern for
                                                                                                     from potential hazards created by the                 anyone within the work area.
                                                (5) The patrol commander may forbid                  Weeks Marine Loop Parkway Submarine                      The Coast Guard is issuing this
                                             and control the movement of all vessels                 Cable Routing and Protection Project.                 temporary final rule without prior
                                             in the regulated area. When hailed or                   This regulation prohibits entry of                    notice and opportunity to comment
                                             signaled by an official patrol vessel, a                vessels or people into the safety zone                pursuant to authority under section 4(a)
                                             vessel shall come to an immediate stop                  unless authorized by the Captain of the               of the Administrative Procedure Act
                                             and comply with the directions given.                   Port Sector Long Island Sound.                        (APA) (5 U.S.C. 553(b)). This provision
                                             Failure to do so may result in expulsion                DATES: This rule is effective without                 authorizes an agency to issue a rule
                                             from the area, citation for failure to                  actual notice from February 23, 2017                  without prior notice and opportunity to
                                             comply, or both.                                        through February 24, 2017. For the                    comment when the agency for good
                                                (6) Any spectator vessel may anchor                  purposes of enforcement, actual notice                cause finds that those procedures are
                                             outside the regulated area, but may not                 will be used from January 25, 2017,                   ‘‘impracticable, unnecessary, or contrary
                                             anchor in, block, or loiter in a navigable              through February 23, 2017.                            to the public interest.’’ Under 5 U.S.C.
                                             channel. Spectator vessels may be                       ADDRESSES: To view documents                          553(b)(B), the Coast Guard finds that
                                             moored to a waterfront facility within                  mentioned in this preamble as being                   good cause exists for not publishing an
                                             the regulated area in such a way that                   available in the docket, go to http://                NPRM with respect to this rule because
                                             they shall not interfere with the progress              www.regulations.gov, type USCG–2017–                  doing so would be impracticable and
                                             of the event. Such mooring must be                      0019 in the ‘‘SEARCH’’ box and click                  contrary to the public interest. The late
                                             complete at least 30 minutes prior to the               ‘‘SEARCH.’’ Click on Open Docket                      finalization of project details did not
                                                                                                     Folder on the line associated with this               give the Coast Guard enough time to
                                             establishment of the regulated area and
                                                                                                     rule.                                                 publish an NPRM, take public
                                             remain moored through the duration of
                                                                                                                                                           comments, and issue a final rule before
                                             the event.                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                           the cable crossing operation is set to
                                                (7) The Patrol Commander may                         you have questions on this rule, contact
                                                                                                                                                           begin. It would be impracticable and
                                             terminate the event or the operation of                 Petty Officer Katherine Linnick,
                                                                                                                                                           contrary to the public interest to delay
                                             any vessel at any time it is deemed                     Prevention Department, U.S. Coast
                                                                                                                                                           promulgating this rule as it is necessary
                                             necessary for the protection of life or                 Guard Sector Long Island Sound,
                                                                                                                                                           to protect the safety of the public and
                                             property.                                               telephone (203) 468–4565, email
                                                                                                                                                           waterway users.
                                                                                                     Katherine.E.Linnick@uscg.mil.                            Under 5 U.S.C. 553(d)(3), and for the
                                                (8) The Patrol Commander will
                                                                                                     SUPPLEMENTARY INFORMATION:                            same reasons stated in the preceding
                                             terminate enforcement of the special
                                             local regulations at the conclusion of the              I. Table of Abbreviations                             paragraph, the Coast Guard finds that
                                             event.                                                                                                        good cause exists for making this rule
                                                                                                     COTP Captain of the Port                              effective less than 30 days after
                                                (d) Informational Broadcasts. The                    DHS Department of Homeland Security                   publication in the Federal Register.
                                             COTP Mobile or a designated                             FR Federal Register
                                             representative will inform the public                   LIS Long Island Sound                                 III. Legal Authority and Need for Rule
                                                                                                     NPRM Notice of Proposed Rulemaking
                                             through broadcast notices to mariners of                NAD 83 North American Datum 1983
                                                                                                                                                              The legal basis for this temporary rule
                                             the enforcement period for the regulated                CFR Code of Federal Regulations                       is 33 U.S.C. 1231. The COTP Sector LIS
                                             area as well as any changes in the date                 § Section                                             has determined that potential hazards
                                             and times of enforcement.                               U.S.C. United States Code                             associated with the submarine cable
                                                                                                                                                           project starting on January 25, 2017 and
rmajette on DSK2TPTVN1PROD with RULES




                                               Dated: January 25, 2017.                              II. Background Information and                        continuing through February 24, 2017
                                             J.H. Snowden,                                           Regulatory History                                    will be a safety concern for anyone
                                             Captain, U.S. Coast Guard, Captain of the                 On January 5, 2017, Weeks Marine                    within the work zone. This rule is
                                             Port Mobile.                                            notified the Coast Guard that it will                 needed to protect people and vessels
                                             [FR Doc. 2017–03499 Filed 2–22–17; 8:45 am]             conduct a project involving the                       within the safety zone while the
                                             BILLING CODE 9110–04–P                                  installation of new electrical cables                 submarine cable project is completed.


                                        VerDate Sep<11>2014   13:37 Feb 22, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\23FER1.SGM   23FER1


                                             11404            Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations

                                             IV. Discussion of the Rule                              and time-of-year of the safety zone.                  C. Collection of Information
                                                This rule establishes a safety zone                  Vessel traffic will be able to safely                   This rule calls for no new collection
                                             from 6:00 a.m. on January 25, 2017                      transit around this safety zone, which                of information under the Paperwork
                                             through 5:00 p.m. on February 24, 2017.                 will affect a small designated area of                Reduction Act of 1995 (44 U.S.C. 3501–
                                             The safety zone will cover all navigable                Long Creek during the winter months                   3520).
                                             waters of Long Creek in Hempstead, NY                   when vessel traffic is normally low.
                                                                                                     Moreover, the Coast Guard will notify                 D. Federalism and Indian Tribal
                                             around the Loop Parkway Bridge:
                                                                                                     the public of enforcement of this rule                Governments
                                             beginning at a point in position at
                                             40°36′18″ N., 073°34′13″ W. north of                    via appropriate means, such as Local                     A rule has implications for federalism
                                             Pier 6 on the Loop Parkway Bridge; then                 Notice to Mariners, Broadcast Notice to               under Executive Order 13132,
                                             south to a point in position at 40°36′12″               Mariners or VHF–FM marine channel 16                  Federalism, if it has a substantial direct
                                             N., 073°34′12″ W. south of Pier 6 on the                to increase public awareness of this                  effect on the States, on the relationship
                                             Loop Parkway Bridge; then east across                   safety zone and the procedure to allow                between the national government and
                                             Long Creek channel to a point in                        persons or vessels to seek permission to              the States, or on the distribution of
                                             position at 40°36′13″ N., 073°34′08″ W.;                enter the zone.                                       power and responsibilities among the
                                             then north to a point in position at                                                                          various levels of government. We have
                                                                                                     B. Impact on Small Entities
                                             40°36′18″ N., 073°34′09″ W.; then west                                                                        analyzed this rule under that Order and
                                             across the Long Creek channel back to                      The Regulatory Flexibility Act of                  have determined that it is consistent
                                             point of origin (NAD 83). All positions                 1980, 5 U.S.C. 601–612, as amended,                   with the fundamental federalism
                                             are approximate. The duration of the                    requires Federal agencies to consider                 principles and preemption requirements
                                             zone is intended to protect people,                     the potential impact of regulations on                described in Executive Order 13132.
                                             vessels, and the marine environment in                  small entities during rulemaking. The                    Also, this rule does not have tribal
                                             these navigable waters during the Weeks                 term ‘‘small entities’’ comprises small               implications under Executive Order
                                             Marine Loop Parkway Submarine Cable                     businesses, not-for-profit organizations              13175, Consultation and Coordination
                                             Routing and Protection Project. No                      that are independently owned and                      with Indian Tribal Governments,
                                             vessel or person will be permitted to                   operated and are not dominant in their                because it does not have a substantial
                                             enter the safety zone without obtaining                 fields, and governmental jurisdictions                direct effect on one or more Indian
                                             permission from the COTP or a                           with populations of less than 50,000.                 tribes, on the relationship between the
                                             designated representative.                              The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes,
                                               The Coast Guard will notify the                       605(b) that this rule will not have a                 or on the distribution of power and
                                             public and local mariners of this safety                significant economic impact on a                      responsibilities between the Federal
                                             zone through appropriate means, which                   substantial number of small entities.                 Government and Indian tribes. If you
                                             may include, but are not limited to,                       While some owners or operators of                  believe this rule has implications for
                                             publication in the Federal Register, the                vessels intending to transit this                     federalism or Indian tribes, please
                                             Local Notice to Mariners, and Broadcast                 regulated area may be small entities, for             contact the person listed in the FOR
                                             Notice to Mariners via VHF–FM marine                    the reasons stated in section V.A above,              FURTHER INFORMATION CONTACT section
                                             channel16 twenty-four hours in advance                  this rule will not have a significant                 above.
                                             of any scheduled enforcement period.                    economic impact on any vessel owner                   E. Unfunded Mandates Reform Act
                                             The regulatory text we are enforcing                    or operator. Under section 213(a) of the
                                             appears at the end of this document.                                                                            The Unfunded Mandates Reform Act
                                                                                                     Small Business Regulatory Enforcement                 of 1995 (2 U.S.C. 1531–1538) requires
                                             V. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                                                                                     we want to assist small entities in                   their discretionary regulatory actions. In
                                               We developed this rule after                          understanding this rule. If the rule
                                             considering numerous statutes and                                                                             particular, the Act addresses actions
                                                                                                     would affect your small business,                     that may result in the expenditure by a
                                             Executive orders related to rulemaking.                 organization, or governmental
                                             Below we summarize our analyses                                                                               State, local, or tribal government, in the
                                                                                                     jurisdiction and you have questions                   aggregate, or by the private sector of
                                             based on a number of these statutes and
                                                                                                     concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                             Executive orders, and we discuss First
                                                                                                     compliance, please contact the person                 more in any one year. Though this rule
                                             Amendment rights of protestors.
                                                                                                     listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                             A. Regulatory Planning and Review                       CONTACT section.                                      we do discuss the effects of this rule
                                                Executive Orders 12866 and 13563                        Small businesses may send comments                 elsewhere in this preamble.
                                             direct agencies to assess the costs and                 on the actions of Federal employees
                                                                                                     who enforce, or otherwise determine                   F. Environment
                                             benefits of available regulatory
                                             alternatives and, if regulation is                      compliance with, Federal regulations to                 We have analyzed this rule under
                                             necessary, to select regulatory                         the Small Business and Agriculture                    Department of Homeland Security
                                             approaches that maximize net benefits.                  Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             Executive Order 13563 emphasizes the                    and the Regional Small Business                       Commandant Instruction M16475.lD,
                                             importance of quantifying both costs                    Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                             and benefits, of reducing costs, of                     Ombudsman evaluates these actions                     complying with the National
                                             harmonizing rules, and of promoting                     annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             flexibility. This rule has not been                     responsiveness to small business. If you              U.S.C. 4321–4370f), and have made a
                                                                                                     wish to comment on actions by                         determination that this action is one of
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                                             designated a ‘‘significant regulatory
                                             action,’’ under Executive Order 12866.                  employees of the Coast Guard, call                    a category of actions that do not
                                             Accordingly, it has not been reviewed                   1–888–REG–FAIR (1–888–734–3247).                      individually or cumulatively have a
                                             by the Office of Management and                         The Coast Guard will not retaliate                    significant effect on the human
                                             Budget.                                                 against small entities that question or               environment. This temporary rule
                                                This regulatory action determination                 complain about this rule or any policy                involves a safety zone enforced from
                                             is based on the size, location, duration,               or action of the Coast Guard.                         January 25, 2017 through February 24,


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                                                              Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations                                             11405

                                             2017 that would prohibit entry within                      (b) Effective and enforcement period.              concerned. The Weeks Marine project
                                             the work zone during the submarine                      This rule will be effective from 6:00 a.m.            work vessels will be monitoring VHF
                                             cable installation project. It is                       on January 25, 2017 through 5:00 p.m.                 channels 13 and 16. Mariners are
                                             categorically excluded from further                     on February 24, 2017, but will only be                requested to proceed with extreme
                                             review under paragraph 34(g) of Figure                  enforced during cable installation                    caution and operate at their slowest safe
                                             2–1 of Commandant Instruction                           operations or other instances which may               speed as to not cause a wake.
                                             M16475.lD. A environmental analysis                     cause a hazard to navigation, when                       (5) Any vessel given permission to
                                             checklist and Categorical Exclusion                     deemed necessary by the Captain of the                enter or operate in the safety zone must
                                             Determination are available in the                      Port (COTP), Long Island Sound. The                   comply with all directions given to
                                             docket where indicated under                            Coast Guard will issue a Broadcast                    them by the COTP Long Island Sound,
                                             ADDRESSES. We seek any comments or                      Notice to Mariners via VHF–FM marine                  or the designated on scene
                                             information that may lead to the                        channel 16 twenty-four hours in                       representative.
                                             discovery of a significant environmental                advance to any scheduled period of                       (6) Upon being hailed by a U.S. Coast
                                             impact from this rule.                                  enforcement or as soon as practicable in              Guard vessel by siren, radio, flashing
                                                                                                     response to an emergency. In the event                light or other means, the operator of the
                                             G. Protest Activities                                   that project work in the main channel is              vessel shall proceed as directed.
                                               The Coast Guard respects the First                    completed prior to the end of the
                                                                                                                                                             Dated: January 24, 2017.
                                             Amendment rights of protesters.                         effective date of February 24, 2017, the
                                                                                                                                                           A.E Tucci,
                                             Protesters are asked to contact the                     Coast Guard will suspend the safety
                                                                                                     zone and notify the public of channel                 Captain, U.S. Coast Guard, Captain of the
                                             person listed in the FOR FURTHER                                                                              Port, Long Island Sound.
                                             INFORMATION CONTACT section to                          reopening via VHF–FM marine channel
                                                                                                     16 for twenty-four hours after                        [FR Doc. 2017–03498 Filed 2–22–17; 8:45 am]
                                             coordinate protest activities so that your
                                             message can be received without                         reopening.                                            BILLING CODE 9110–04–P

                                             jeopardizing the safety or security of                     (c) Definitions. The following
                                             people, places, or vessels.                             definitions apply to this section: A
                                                                                                     ‘‘designated representative’’ is any Coast            NATIONAL ARCHIVES AND RECORDS
                                             List of Subjects in 33 CFR Part 165                     Guard commissioned, warrant or petty                  ADMINISTRATION
                                               Harbors, Marine safety, Navigation                    officer of the U.S. Coast Guard who has
                                             (water), Reporting and record keeping                   been designated by the COTP, Long                     36 CFR Part 1253
                                             requirements, Security measures, and                    Island Sound, to act on his or her behalf.
                                             Waterways.                                              The designated representative may be                  [FDMS No. NARA–17–0002]; Agency No.
                                                                                                     on an official patrol vessel or may be on             NARA–2017–021
                                               For the reasons discussed in the                      shore and will communicate with
                                             preamble, the Coast Guard amends 33                     vessels via VHF–FM radio or loudhailer.               RIN 3095–AB94
                                             CFR part 165 as follows:                                ‘‘Official patrol vessels’’ may consist of
                                                                                                                                                           Location of NARA Facilities and Hours
                                                                                                     any Coast Guard, Coast Guard Auxiliary,
                                             PART 165—REGULATED NAVIGATION                                                                                 of Use: Barack Obama Library
                                                                                                     state, or local law enforcement vessels
                                             AREAS AND LIMITED ACCESS AREAS
                                                                                                     assigned or approved by the COTP Long                 AGENCY: National Archives and Records
                                                                                                     Island Sound. In addition, members of                 Administration.
                                             ■ 1. The authority citation for part 165
                                                                                                     the Coast Guard Auxiliary may be                      ACTION: Direct final rule.
                                             continues to read as follows:
                                                                                                     present to inform vessel operators of
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             this regulation. A ‘‘work vessel’’ is any             SUMMARY:   NARA is amending our
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               vessel provided by Weeks Marine for                   Location of NARA Facilities and Hours
                                             and Department of Homeland Security
                                                                                                     the Loop Parkway Bridge Submarine                     of Use regulation to add the address and
                                             Delegation No. 0170.1.
                                                                                                     Cable and Protection Project and may be               contact information for the Barack
                                             ■ 2. Add § 165.T01–0019 to read as                      hailed via VHF channel 13 or 16.                      Obama Presidential Library. These
                                             follows:                                                   (d) Regulations. (1) The general                   changes will affect all people who wish
                                                                                                     regulations contained in 33 CFR 165.23                to access records from the Barack
                                             § 165.T01–0019 Safety Zone; Loop                        apply.
                                             Parkway Bridge; Long Creek, Hempstead,
                                                                                                                                                           Obama Presidential administration.
                                                                                                        (2) In accordance with the general                 DATES: This rule is effective on March
                                             NY.
                                                                                                     regulations in 33 CFR 165.23, entry into              27, 2017 without further notice, unless
                                               (a) Location. The following area is a                 or movement within this zone is
                                             safety zone: All navigable waters of                                                                          we receive adverse written comment
                                                                                                     prohibited unless authorized by the                   that warrants revision by March 15,
                                             Long Creek in Hempstead, NY around                      COTP Long Island Sound.
                                             the Loop Parkway Bridge, contained                                                                            2017. If we receive such comments, we
                                                                                                        (3) Operators of vessels desiring to
                                             within the following area; beginning at                                                                       will publish a timely withdrawal of the
                                                                                                     enter or operate within the safety zone
                                             a point in position 40°36′18″ N.,                                                                             direct final rule in the Federal Register
                                                                                                     should contact the COTP Long Island
                                             073°34′13″ W. north of Pier 6 on the                                                                          and inform the public that the rule will
                                                                                                     Sound at 203–468–4401 (Sector LIS
                                             Loop Parkway Bridge; then south to a                                                                          not take effect.
                                                                                                     command center) or the designated
                                             point in position at 40°36′12″ N.,                      representative on scene via VHF                       FOR FURTHER INFORMATION CONTACT:
                                             073°34′12″ W. south of Pier 6 on the                    channel 16 to obtain permission to do                 Kimberly Keravuori, by telephone at
                                             Loop Parkway Bridge; then east across                   so. Request to enter or operate in the                301–837–3151, by email at regulation_
                                             Long Creek channel to a point in                                                                              comments@nara.gov, or by mail at
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                                                                                                     safety zone must be made twenty-four
                                             position at 40°36′13″ N., 073°34′08″ W.;                hours in advance.                                     Kimberly Keravuori, External Policy
                                             then north to a point in position at                       (4) Mariners are requested to proceed              Program Manager; Strategy Division
                                             40°36′18″ N., 073°34′09″ W.; then west                  with caution after passing arrangements               (MP), Suite 4100; National Archives and
                                             across the Long Creek channel back to                   have been made. Mariners are requested                Records Administration; 8601 Adelphi
                                             point of origin (NAD 83). All positions                 to cooperate with the Weeks Marine                    Road; College Park, MD 20740–6001.
                                             are approximate.                                        project work vessels for the safety of all            SUPPLEMENTARY INFORMATION:



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Document Created: 2017-02-23 02:10:48
Document Modified: 2017-02-23 02:10:48
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 February 23, 2017 through February 24, 2017. For the purposes of enforcement, actual notice will be used from January 25, 2017, through February 23, 2017.
ContactIf you have questions on this rule, contact Petty Officer Katherine Linnick, Prevention Department, U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4565, email [email protected]
FR Citation82 FR 11403 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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