82_FR_13620 82 FR 13572 - Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River; Milford and Stratford, CT

82 FR 13572 - Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River; Milford and Stratford, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 48 (March 14, 2017)

Page Range13572-13575
FR Document2017-04978

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Housatonic River. This action is necessary to provide for the safety of life on these navigable waters near Milford and Stratford, CT, during the United Illuminating Company Housatonic River Crossing Project from April 26, 2017 to May 4, 2017, and from July 29, 2017 to August 3, 2017. This proposed rulemaking would prohibit entry of vessels or people into the safety zone unless authorized by the Captain of the Port Long Island Sound or a designated representative. The safety zone will only be enforced during cable pulling operations or other instances which may create a hazard to navigation. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 48 (Tuesday, March 14, 2017)
[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Proposed Rules]
[Pages 13572-13575]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04978]


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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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Housatonic River. This action is necessary to 
provide for the safety of life on these navigable waters near Milford 
and Stratford, CT, during the United Illuminating Company Housatonic 
River Crossing Project from April 26, 2017 to May 4, 2017, and from 
July 29, 2017 to August 3, 2017. This proposed rulemaking would 
prohibit entry of vessels or people into the safety zone unless 
authorized by the Captain of the Port Long Island Sound or a designated 
representative. The safety zone will only be enforced during cable 
pulling operations or other instances which may create a hazard to 
navigation. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 13, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0825 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Katherine Linnick, 
Prevention Department, Coast Guard Sector Long Island Sound, telephone 
(203) 468-4565, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
NAD 83 North American Datum 1983

II. Background, Purpose, and Legal Basis

    This rulemaking proposes to establish a safety zone for certain 
waters of the Housatonic River near Milford and Stratford, CT. 
Corresponding regulatory history is discussed below.
    On August 25, 2016, United Illuminating Company notified the Coast 
Guard that it would conduct a project involving the installation of new 
transmission conductors over the Housatonic River near Stratford and 
Milford, CT. On December 13, 2016, the Coast Guard published a 
temporary final rule entitled, ``Safety Zone; United Illuminating 
Company Housatonic River Crossing Project; Housatonic River, Milford 
and Stratford, CT'' in the Federal Register (81 FR 89862).
    The project is scheduled to be completed in two phases, the first 
being the stringing of optical fiber ground wires on the North circuit 
from April 26, 2017 to May 4, 2017. The second phase will include the 
stringing of optical fiber ground wires on the South circuit from July 
29, 2017 to August 3, 2017. The proposed work area is between the 
eastern and western shores of the Housatonic River from the southern 
boundary of the Metro-North Rail Bridge. It extends approximately 525 
feet upstream for the northern boundary. Potential hazards from this 
project include entanglement of vessels with the messenger line and 
falling equipment from the electrical towers. The Captain of the Port 
Long Island Sound (COTP) has determined that the potential hazards 
associated with the cable crossing project could be a safety concern 
for anyone within the proposed work area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the work zone before, during, and after 
each messenger pulling operation. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 
1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define regulatory safety zones.

[[Page 13573]]

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:00 a.m. on 
April 26, 2017 through 6:00 p.m. on May 4, 2017, and from 8:00 a.m. on 
July 29, 2017 through 6:00 p.m. on August 3, 2017. 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 vessels and these navigable waters within the work zone before, 
during, and after each messenger pulling operation or 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 when 
project work causes a potential hazard to navigation. The Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
eight hours in advance of any scheduled enforcement period. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. E.O. 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 E.O. 12866. Accordingly, this 
NPRM has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic would be able 
to safely transit around this safety zone, which would affect a small 
designated area of the Housatonic River for less than one hour at a 
time. It also may be enforced temporarily during the cable crossing 
project if necessitated by an emergency. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule involves a safety 
zone enforced for less

[[Page 13574]]

than one hour at a time that would prohibit entry within the work zone 
during each messenger pulling operation. It also may be enforced 
temporarily during the cable-crossing 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 preliminary environmental analysis checklist 
is 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

 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 proposes 
to amend 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 included with this safety zone:
    (1) 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).
    (2) All positions are approximate.
    (b) Effective and Enforcement Period: This rule will be effective 
from 8:00 a.m. on April 26, 2017 to 6:00 p.m. on May 4, 2017, and from 
8:00 a.m. on July 29, 2017 to 6:00 p.m. on August 3, 2017. Vessel 
traffic would be able to safely transit around this safety zone, which 
would affect a small designated area of the Housatonic River for less 
than one hour at a time. It also may be enforced temporarily during the 
cable crossing cable-crossing project if necessitated by an emergency. 
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 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), 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.


[[Page 13575]]


    Dated: February 24, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-04978 Filed 3-13-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                 13572                    Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Proposed Rules

                                                    (2) For service information identified in              Issued this 2nd day of March 2017, in               SUPPLEMENTARY INFORMATION:
                                                 this AD, contact International Aero Engines             Washington, DC.
                                                 AG, 400 Main Street, East Hartford, CT                  Judith S. Kaleta,                                     I. Table of Abbreviations
                                                 06118; phone: 860–565–0140; email: help24@                                                                    CFR Code of Federal Regulations
                                                                                                         Deputy General Counsel.
                                                 pw.utc.com; Internet: http://                                                                                 DHS Department of Homeland Security
                                                 fleetcare.pw.utc.com.                                   [FR Doc. 2017–04674 Filed 3–13–17; 8:45 am]
                                                                                                                                                               E.O. Executive Order
                                                    (3) You may view this service information            BILLING CODE 4910–9X–P
                                                                                                                                                               FR Federal Register
                                                 at the FAA, Engine & Propeller Directorate,                                                                   NPRM Notice of proposed rulemaking
                                                 1200 District Avenue, Burlington, MA. For                                                                     § Section
                                                 information on the availability of this                 DEPARTMENT OF HOMELAND                                U.S.C. United States Code
                                                 material at the FAA, call 781–238–7125.                 SECURITY                                              NAD 83 North American Datum 1983
                                                   Issued in Burlington, Massachusetts, on
                                                 March 2, 2017.                                          Coast Guard                                           II. Background, Purpose, and Legal
                                                                                                                                                               Basis
                                                 Thomas A. Boudreau,
                                                 Acting Manager, Engine & Propeller                      33 CFR Part 165                                          This rulemaking proposes to establish
                                                 Directorate, Aircraft Certification Service.            [Docket Number USCG–2016–0825]                        a safety zone for certain waters of the
                                                 [FR Doc. 2017–04957 Filed 3–13–17; 8:45 am]                                                                   Housatonic River near Milford and
                                                                                                         RIN 1625–AA00
                                                 BILLING CODE 4910–13–P                                                                                        Stratford, CT. Corresponding regulatory
                                                                                                         Safety Zone; United Illuminating                      history is discussed below.
                                                                                                         Company Housatonic River Crossing                        On August 25, 2016, United
                                                 DEPARTMENT OF TRANSPORTATION                                                                                  Illuminating Company notified the
                                                                                                         Project; Housatonic River; Milford and
                                                 Office of the Secretary                                 Stratford, CT                                         Coast Guard that it would conduct a
                                                                                                                                                               project involving the installation of new
                                                                                                         AGENCY:   Coast Guard, DHS.                           transmission conductors over the
                                                 14 CFR Part 399
                                                                                                         ACTION:   Notice of proposed rulemaking.              Housatonic River near Stratford and
                                                                                                                                                               Milford, CT. On December 13, 2016, the
                                                 [Docket No. DOT–OST–2017–0007]                          SUMMARY:   The Coast Guard proposes to                Coast Guard published a temporary final
                                                                                                         establish a temporary safety zone for                 rule entitled, ‘‘Safety Zone; United
                                                 RIN 2105–AE56                                           certain waters of the Housatonic River.               Illuminating Company Housatonic River
                                                                                                         This action is necessary to provide for               Crossing Project; Housatonic River,
                                                 Transparency of Airline Ancillary                       the safety of life on these navigable
                                                 Service Fees                                                                                                  Milford and Stratford, CT’’ in the
                                                                                                         waters near Milford and Stratford, CT,                Federal Register (81 FR 89862).
                                                 AGENCY:  Office of the Secretary (OST),                 during the United Illuminating
                                                                                                         Company Housatonic River Crossing                        The project is scheduled to be
                                                 U.S. Department of Transportation                                                                             completed in two phases, the first being
                                                 (DOT).                                                  Project from April 26, 2017 to May 4,
                                                                                                         2017, and from July 29, 2017 to August                the stringing of optical fiber ground
                                                 ACTION: Suspension of comment period.                   3, 2017. This proposed rulemaking                     wires on the North circuit from April
                                                                                                         would prohibit entry of vessels or                    26, 2017 to May 4, 2017. The second
                                                 SUMMARY:   The DOT is suspending the                                                                          phase will include the stringing of
                                                 public comment period for the                           people into the safety zone unless
                                                                                                         authorized by the Captain of the Port                 optical fiber ground wires on the South
                                                 supplemental notice of proposed                                                                               circuit from July 29, 2017 to August 3,
                                                 rulemaking (SNPRM) on Transparency                      Long Island Sound or a designated
                                                                                                         representative. The safety zone will only             2017. The proposed work area is
                                                 of Airline Ancillary Service Fees. The                                                                        between the eastern and western shores
                                                 DOT published the SNPRM on January                      be enforced during cable pulling
                                                                                                         operations or other instances which may               of the Housatonic River from the
                                                 19, 2017, and the comment period was                                                                          southern boundary of the Metro-North
                                                 scheduled to close on March 20, 2017.                   create a hazard to navigation. We invite
                                                                                                         your comments on this proposed                        Rail Bridge. It extends approximately
                                                 The suspension of the comment period                                                                          525 feet upstream for the northern
                                                 will allow the President’s appointees                   rulemaking.
                                                                                                                                                               boundary. Potential hazards from this
                                                 the opportunity to review and consider                  DATES:  Comments and related material                 project include entanglement of vessels
                                                 this action.                                            must be received by the Coast Guard on                with the messenger line and falling
                                                 DATES: The comment period for the                       or before April 13, 2017.                             equipment from the electrical towers.
                                                 SNPRM published January 19, 2017 (82                    ADDRESSES: You may submit comments                    The Captain of the Port Long Island
                                                 FR 7536) is indefinitely suspended                      identified by docket number USCG–                     Sound (COTP) has determined that the
                                                 effective March 14, 2017.                               2016–0825 using the Federal                           potential hazards associated with the
                                                 ADDRESSES: Docket: For access to the                    eRulemaking Portal at http://                         cable crossing project could be a safety
                                                 docket to read background documents                     www.regulations.gov. See the ‘‘Public                 concern for anyone within the proposed
                                                 and comments received, go to http://                    Participation and Request for                         work area.
                                                 www.regulations.gov or to the street                    Comments’’ portion of the                                The purpose of this rulemaking is to
                                                 address listed above. Follow the online                 SUPPLEMENTARY INFORMATION section for
                                                                                                                                                               ensure the safety of vessels and the
                                                 instructions for accessing the docket.                  further instructions on submitting                    navigable waters within the work zone
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         comments.                                             before, during, and after each messenger
rmajette on DSK30RV082PROD with PROPOSALS




                                                 Kimberly Graber or Blane A. Workie,                     FOR FURTHER INFORMATION CONTACT:     If               pulling operation. The Coast Guard
                                                 Office of the Assistant General Counsel                 you have questions about this proposed                proposes this rulemaking under
                                                 for Aviation Enforcement and                            rulemaking, call or email Petty Officer               authority in 33 U.S.C. 1231; 50 U.S.C.
                                                 Proceedings, U.S. Department of                         Katherine Linnick, Prevention                         191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
                                                 Transportation, 1200 New Jersey Ave.                    Department, Coast Guard Sector Long                   160.5; and Department of Homeland
                                                 SE., Washington, DC 20590, 202–366–                     Island Sound, telephone (203) 468–                    Security Delegation No. 0170.1, which
                                                 9342 (phone), kimberly.graber@dot.gov                   4565, email Katherine.E.Linnick@                      collectively authorize the Coast Guard
                                                 or blane.workie@dot.gov (email).                        uscg.mil.                                             to define regulatory safety zones.


                                            VerDate Sep<11>2014   15:12 Mar 13, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\14MRP1.SGM   14MRP1


                                                                         Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Proposed Rules                                            13573

                                                 III. Discussion of Proposed Rule                        regulatory action,’’ under E.O. 12866.                C. Collection of Information
                                                    The COTP proposes to establish a                     Accordingly, this NPRM has not been                     This proposed rule would not call for
                                                 safety zone from 8:00 a.m. on April 26,                 reviewed by the Office of Management                  a new collection of information under
                                                 2017 through 6:00 p.m. on May 4, 2017,                  and Budget.                                           the Paperwork Reduction Act of 1995
                                                 and from 8:00 a.m. on July 29, 2017                        This regulatory action determination               (44 U.S.C. 3501–3520).
                                                 through 6:00 p.m. on August 3, 2017.                    is based on the size, location, and
                                                                                                         duration of the safety zone. Vessel                   D. Federalism and Indian Tribal
                                                 The safety zone will cover all navigable                                                                      Governments
                                                 waters of the Housatonic River near                     traffic would be able to safely transit
                                                 Milford and Stratford, CT contained                     around this safety zone, which would                     A rule has implications for federalism
                                                 within the following area: Beginning at                 affect a small designated area of the                 under E.O. 13132, Federalism, if it has
                                                 a point on land in position at 41°12′17″                Housatonic River for less than one hour               a substantial direct effect on the States,
                                                 N., 073°06′40″ W. near the Governor                     at a time. It also may be enforced                    on the relationship between the national
                                                 John Davis Lodge Turnpike (I–95)                        temporarily during the cable crossing                 government and the States, or on the
                                                 Bridge; then northeast across the                       project if necessitated by an emergency.              distribution of power and
                                                 Housatonic River to a point on land in                  Moreover, the Coast Guard would issue                 responsibilities among the various
                                                 position at 41°12′20″ N., 073°06′29″ W.                 a Broadcast Notice to Mariners via                    levels of government. We have analyzed
                                                 near the Governor John Davis Lodge                      VHF–FM marine channel 16 about the                    this proposed rule under that Order and
                                                 Turnpike (I–95) Bridge; then northwest                  zone, and the rule would allow vessels                have determined that it is consistent
                                                 along the shoreline to a point on land                  to seek permission to enter the zone.                 with the fundamental federalism
                                                 in position at 41°12′25″ N., 073°06′31″                                                                       principles and preemption requirements
                                                                                                         B. Impact on Small Entities                           described in E.O. 13132.
                                                 W.; then southwest across the
                                                                                                            The Regulatory Flexibility Act of                     Also, this proposed rule does not have
                                                 Housatonic River to a point on land in
                                                                                                         1980, 5 U.S.C. 601–612, as amended,                   tribal implications under E.O. 13175,
                                                 position at 41°12′22″ N., 073°06′43″ W.;
                                                                                                         requires Federal agencies to consider                 Consultation and Coordination with
                                                 then southeast along the shoreline back
                                                                                                         the potential impact of regulations on                Indian Tribal Governments, because it
                                                 to point of origin (NAD 83). All                                                                              would not have a substantial direct
                                                 positions are approximate. The duration                 small entities during rulemaking. The
                                                                                                         term ‘‘small entities’’ comprises small               effect on one or more Indian tribes, on
                                                 of the zone is intended to ensure the                                                                         the relationship between the Federal
                                                 safety of vessels and these navigable                   businesses, not-for-profit organizations
                                                                                                         that are independently owned and                      Government and Indian tribes, or on the
                                                 waters within the work zone before,                                                                           distribution of power and
                                                 during, and after each messenger                        operated and are not dominant in their
                                                                                                         fields, and governmental jurisdictions                responsibilities between the Federal
                                                 pulling operation or during any instance                                                                      Government and Indian tribes. If you
                                                 that necessitates a temporary closure of                with populations of less than 50,000.
                                                                                                         The Coast Guard certifies under 5 U.S.C.              believe this proposed rule has
                                                 the Housatonic River at the work site.                                                                        implications for federalism or Indian
                                                 No vessel or person will be permitted to                605(b) that this proposed rule would not
                                                                                                         have a significant economic impact on                 tribes, please contact the person listed
                                                 enter the safety zone without obtaining                                                                       in the FOR FURTHER INFORMATION
                                                 permission from the COTP or a                           a substantial number of small entities.
                                                                                                            While some owners or operators of                  CONTACT section.
                                                 designated representative. The safety
                                                 zone will only be enforced during when                  vessels intending to transit the safety               E. Unfunded Mandates Reform Act
                                                 project work causes a potential hazard                  zone may be small entities, for the
                                                                                                                                                                  The Unfunded Mandates Reform Act
                                                 to navigation. The Coast Guard will                     reasons stated in section IV.A above,                 of 1995 (2 U.S.C. 1531–1538) requires
                                                 issue a Broadcast Notice to Mariners via                this proposed rule would not have a                   Federal agencies to assess the effects of
                                                 VHF–FM marine channel 16 eight hours                    significant economic impact on any                    their discretionary regulatory actions. In
                                                 in advance of any scheduled                             vessel owner or operator.                             particular, the Act addresses actions
                                                 enforcement period. The regulatory text                    If you think that your business,                   that may result in the expenditure by a
                                                 we are proposing appears at the end of                  organization, or governmental                         State, local, or tribal government, in the
                                                 this document.                                          jurisdiction qualifies as a small entity              aggregate, or by the private sector of
                                                                                                         and that this rule would have a                       $100,000,000 (adjusted for inflation) or
                                                 IV. Regulatory Analyses                                 significant economic impact on it,                    more in any one year. Though this
                                                   We developed this proposed rule after                 please submit a comment (see                          proposed rule would not result in such
                                                 considering numerous statutes and                       ADDRESSES) explaining why you think it                an expenditure, we do discuss the
                                                 executive orders related to rulemaking.                 qualifies and how and to what degree                  effects of this rule elsewhere in this
                                                 Below we summarize our analyses                         this rule would economically affect it.               preamble.
                                                 based on a number of these statutes and                    Under section 213(a) of the Small
                                                 executive orders, and we discuss First                  Business Regulatory Enforcement                       F. Environment
                                                 Amendment rights of protestors.                         Fairness Act of 1996 (Pub. L. 104–121),                 We have analyzed this proposed rule
                                                                                                         we want to assist small entities in                   under Department of Homeland
                                                 A. Regulatory Planning and Review                       understanding this proposed rule. If the              Security Management Directive 023–01
                                                    Executive Orders 12866 and 13563                     rule would affect your small business,                and Commandant Instruction
                                                 direct agencies to assess the costs and                 organization, or governmental                         M16475.lD, which guide the Coast
                                                 benefits of available regulatory                        jurisdiction and you have questions                   Guard in complying with the National
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                                                 alternatives and, if regulation is                      concerning its provisions or options for              Environmental Policy Act of 1969 (42
                                                 necessary, to select regulatory                         compliance, please contact the person                 U.S.C. 4321–4370f), and have made a
                                                 approaches that maximize net benefits.                  listed in the FOR FURTHER INFORMATION                 preliminary determination that this
                                                 E.O. 13563 emphasizes the importance                    CONTACT section. The Coast Guard will                 action is one of a category of actions that
                                                 of quantifying both costs and benefits, of              not retaliate against small entities that             do not individually or cumulatively
                                                 reducing costs, of harmonizing rules,                   question or complain about this                       have a significant effect on the human
                                                 and of promoting flexibility. This NPRM                 proposed rule or any policy or action of              environment. This proposed rule
                                                 has not been designated a ‘‘significant                 the Coast Guard.                                      involves a safety zone enforced for less


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                                                 13574                   Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Proposed Rules

                                                 than one hour at a time that would                      and can be viewed by following that                   in advance to any scheduled period of
                                                 prohibit entry within the work zone                     Web site’s instructions. Additionally, if             enforcement or as soon as practicable in
                                                 during each messenger pulling                           you go to the online docket and sign up               response to an emergency.
                                                 operation. It also may be enforced                      for email alerts, you will be notified                   (c) Definitions. The following
                                                 temporarily during the cable-crossing                   when comments are posted or a final                   definitions apply to this section: A
                                                 project if necessitated by an emergency,                rule is published.                                    ‘‘designated representative’’ is any Coast
                                                 such as equipment falling from the                                                                            Guard commissioned, warrant or petty
                                                 towers into the Housatonic River.                       List of Subjects in 33 CFR Part 165
                                                                                                                                                               officer of the U.S. Coast Guard who has
                                                 Normally such actions are categorically                   Harbors, Marine safety, Navigation                  been designated by the COTP, Sector
                                                 excluded from further review under                      (water), Reporting and record keeping                 Long Island Sound, to act on his or her
                                                 paragraph 34(g) of Figure 2–1 of                        requirements, Security measures, and                  behalf. The designated representative
                                                 Commandant Instruction M16475.lD. A                     Waterways.                                            may be on an official patrol vessel or
                                                 preliminary environmental analysis                        For the reasons discussed in the                    may be on shore and will communicate
                                                 checklist is available in the docket                    preamble, the Coast Guard proposes to                 with vessels via VHF–FM radio or
                                                 where indicated under ADDRESSES. We                     amend 33 CFR part 165 as follows:                     loudhailer. ‘‘Official patrol vessels’’ may
                                                 seek any comments or information that                                                                         consist of any Coast Guard, Coast Guard
                                                 may lead to the discovery of a                          PART 165—REGULATED NAVIGATION                         Auxiliary, state, or local law
                                                 significant environmental impact from                   AREAS AND LIMITED ACCESS AREAS                        enforcement vessels assigned or
                                                 this proposed rule.                                                                                           approved by the COTP Sector Long
                                                                                                         ■ 1. The authority citation for part 165
                                                 G. Protest Activities                                   continues to read as follows:                         Island Sound. In addition, members of
                                                                                                                                                               the Coast Guard Auxiliary may be
                                                   The Coast Guard respects the First                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           present to inform vessel operators of
                                                 Amendment rights of protesters.                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                               this regulation. A ‘‘work vessel’’ is any
                                                 Protesters are asked to contact the                     and Department of Homeland Security
                                                                                                         Delegation No. 0170.1.                                vessel provided by United Illuminating
                                                 person listed in the FOR FURTHER
                                                                                                                                                               Company for the Housatonic River
                                                 INFORMATION CONTACT section to                          ■ 2. Add § 165.T01–0825 to read as                    Crossing Project and may be hailed via
                                                 coordinate protest activities so that your              follows:                                              VHF channel 13 or 16.
                                                 message can be received without
                                                 jeopardizing the safety or security of                  § 165.T01–0825 Safety Zone; United                       (d) Regulations. (1) The general
                                                 people, places, or vessels.                             Illuminating Company Housatonic River                 regulations contained in 33 CFR 165.23
                                                                                                         Crossing Project; Housatonic River; Milford           apply.
                                                 V. Public Participation and Request for                 and Stratford, CT.                                       (2) In accordance with the general
                                                 Comments                                                   (a) Location: The following area is                regulations in 33 CFR 165.23, entry into
                                                    We view public participation as                      included with this safety zone:                       or movement within this zone is
                                                 essential to effective rulemaking, and                     (1) All navigable waters of the                    prohibited unless authorized by the
                                                 will consider all comments and material                 Housatonic River near Milford and                     Captain of the Port, Long Island Sound.
                                                 received during the comment period.                     Stratford, CT contained within the                       (3) Operators of vessels desiring to
                                                 Your comment can help shape the                         following area; beginning at a point on               enter or operate within the safety zone
                                                 outcome of this rulemaking. If you                      land in position at 41°12′17″ N.,                     should contact the COTP Sector Long
                                                 submit a comment, please include the                    073°06′40″ W. near the Governor John                  Island Sound at 203–468–4401 (Sector
                                                 docket number for this rulemaking,                      Davis Lodge Turnpike (I–95) Bridge;                   LIS command center), or the designated
                                                 indicate the specific section of this                   then northeast across the Housatonic                  representative via VHF channel 16 to
                                                 document to which each comment                          River to a point on land in position at               obtain permission to do so. Request to
                                                 applies, and provide a reason for each                  41°12′20″ N., 073°06′29″ W. near the                  enter or operate in the safety zone must
                                                 suggestion or recommendation.                           Governor John Davis Lodge Turnpike (I–                be made 24 hours in advanced of the
                                                    We encourage you to submit                           95) Bridge; then northwest along the                  planned undertaking.
                                                 comments through the Federal                            shoreline to a point on land in position
                                                                                                         at 41°12′25″ N., 073°06′31″ W.; then                     (4) Mariners are requested to proceed
                                                 eRulemaking Portal at http://
                                                                                                         southwest across the Housatonic River                 with caution after passing arrangements
                                                 www.regulations.gov. If your material
                                                                                                         to a point on land in position at                     have been made. Mariners are requested
                                                 cannot be submitted using http://
                                                                                                         41°12′22″ N., 073°06′43″ W.; then                     to cooperate with the United
                                                 www.regulations.gov, contact the person
                                                                                                         southeast along the shoreline back to                 Illuminating Company work vessels for
                                                 in the FOR FURTHER INFORMATION
                                                                                                         point of origin (NAD 83).                             the safety of all concerned. The United
                                                 CONTACT section of this document for
                                                                                                            (2) All positions are approximate.                 Illuminating Company work vessels will
                                                 alternate instructions.
                                                    We accept anonymous comments. All                       (b) Effective and Enforcement Period:              be monitoring VHF channels 13 and 16.
                                                 comments received will be posted                        This rule will be effective from 8:00 a.m.            Mariners are requested to proceed with
                                                 without change to http://                               on April 26, 2017 to 6:00 p.m. on May                 extreme caution and operate at their
                                                 www.regulations.gov and will include                    4, 2017, and from 8:00 a.m. on July 29,               slowest safe speed as to not cause a
                                                 any personal information you have                       2017 to 6:00 p.m. on August 3, 2017.                  wake.
                                                 provided. For more about privacy and                    Vessel traffic would be able to safely                   (5) Any vessel given permission to
                                                 the docket, you may review a Privacy                    transit around this safety zone, which                enter or operate in the safety zone must
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                                                 Act notice regarding the Federal Docket                 would affect a small designated area of               comply with all directions given to
                                                 Management System in the March 24,                      the Housatonic River for less than one                them by the COTP Sector Long Island
                                                 2005, issue of the Federal Register (70                 hour at a time. It also may be enforced               Sound, or the designated on-scene
                                                 FR 15086).                                              temporarily during the cable crossing                 representative.
                                                    Documents mentioned in this NPRM                     cable-crossing project if necessitated by                (6) Upon being hailed by a U.S. Coast
                                                 as being available in the docket, and all               an emergency. The Coast Guard will                    Guard vessel by siren, radio, flashing
                                                 public comments, will be in our online                  issue a Broadcast Notice to Mariners via              light or other means, the operator of the
                                                 docket at http://www.regulations.gov                    VHF–FM marine channel 16 eight hours                  vessel shall proceed as directed.


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                                                                          Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Proposed Rules                                                13575

                                                   Dated: February 24, 2017.                             Register on December 16, 2016 (81 FR                  with stakeholders, TSA assumes many
                                                 A.E. Tucci,                                             91401) is reopened. Comments must be                  higher-risk railroads (freight and
                                                 Captain, U.S. Coast Guard, Captain of the               received by May 15, 2017.                             passenger), public transportation
                                                 Port Sector Long Island Sound.                          ADDRESSES: You may submit comments,                   agencies, and over-the-road buses
                                                 [FR Doc. 2017–04978 Filed 3–13–17; 8:45 am]             identified by the TSA docket number to                (OTRBs) have implemented security
                                                 BILLING CODE 9110–04–P                                  this rulemaking, to the Federal Docket                programs with security measures similar
                                                                                                         Management System (FDMS), a                           to those identified by the 9/11 Act’s
                                                                                                         government-wide, electronic docket                    regulatory requirements. In general,
                                                 DEPARTMENT OF HOMELAND                                  management system, using any one of                   TSA is requesting information on three
                                                 SECURITY                                                the following methods:                                types of issues: (1) Existing practices,
                                                                                                           Electronically: You may submit                      standards, tools, or other resources used
                                                 Transportation Security Administration                  comments through the Federal                          or available for conducting vulnerability
                                                                                                         eRulemaking portal at http://                         assessments and developing security
                                                 49 CFR Chapter XII                                      www.regulations.gov. Follow the online                plans; (2) information on existing
                                                                                                         instructions for submitting comments.                 security measures, including whether
                                                 [Docket No. TSA–2016–0002]
                                                                                                           Mail, In Person, or Fax: Address,
                                                                                                                                                               implemented voluntarily or in response
                                                 RIN 1652–AA56                                           hand-deliver, or fax your written
                                                                                                                                                               to other regulatory requirements, and
                                                                                                         comments to the Docket Management
                                                 Surface Transportation Vulnerability                                                                          the potential impact of additional
                                                                                                         Facility, U.S. Department of
                                                 Assessments and Security Plans                                                                                requirements on operations; and (3)
                                                                                                         Transportation, 1200 New Jersey
                                                 (VASP); Reopening of Comment Period                     Avenue SE., West Building Ground                      information on the scope/cost of current
                                                                                                         Floor, Room W12–140, Washington, DC                   security systems and other measures
                                                 AGENCY: Transportation Security                                                                               used to provide security and mitigate
                                                 Administration, DHS.                                    20590–0001; fax (202) 493–2251. The
                                                                                                         Department of Transportation (DOT),                   vulnerabilities. This information is
                                                 ACTION: Advance notice of proposed                                                                            necessary for TSA to establish the
                                                                                                         which maintains and processes TSA’s
                                                 rulemaking; reopening of comment                                                                              current baseline, estimate cost of
                                                                                                         official regulatory dockets, will scan the
                                                 period.                                                                                                       implementing the statutory mandate,
                                                                                                         submission and post it to FDMS.
                                                 SUMMARY:   The Transportation Security                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               and develop appropriate performance
                                                 Administration is reopening the                         Harry Schultz (TSA Office of Security                 standards.
                                                 comment period for the advance notice                   Policy and Industry Engagement) or                      The comment period closed on
                                                 of proposed rulemaking, published in                    Traci Klemm (TSA Office of the Chief                  February 14, 2017. TSA received
                                                 the Federal Register on December 16,                    Counsel) at telephone (571) 227–3531 or               multiple requests to extend the
                                                 2016, requesting public comments on                     email to VASPPOLICY@tsa.dhs.gov.                      comment period. TSA believes
                                                 several topics relevant to the                          SUPPLEMENTARY INFORMATION: On                         reopening the comment period is
                                                 development of surface transportation                   December 16, 2016, TSA published an                   necessary to meet the intended purpose
                                                 vulnerability assessment and security                   advance notice of proposed rulemaking                 of the ANPRM—to obtain information
                                                 plan regulations mandated by the                        (ANPRM) in the Federal Register (81 FR                and perspectives from potentially
                                                 Implementing Recommendations of the                     91401), requesting public comments on                 regulated entities. Please see the
                                                 9/11 Commission Act of 2007 (9/11                       several topics relevant to the                        ANPRM for additional background.
                                                 Act). TSA is reopening the comment                      development of surface transportation                  Dated: March 6, 2017.
                                                 period for an additional 60 days due to                 vulnerability assessment and security
                                                 several requests by commenters in the                                                                         Huban A. Gowadia,
                                                                                                         plan regulations mandated by the
                                                 rulemaking docket.                                      Implementing Recommendations of the                   Acting Administrator.
                                                 DATES: The comment period for the                       9/11 Commission Act of 2007 (9/11                     [FR Doc. 2017–04976 Filed 3–13–17; 8:45 am]
                                                 proposed rule published in the Federal                  Act). Based on its regular interaction                BILLING CODE 9110–05–P
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Document Created: 2017-03-14 02:51:30
Document Modified: 2017-03-14 02:51:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 13, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Katherine Linnick, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4565, email [email protected]
FR Citation82 FR 13572 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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