82 FR 18865 - Safety Zone; Chapel Street Over Mill River Bridge Rehabilitation-New Haven, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range		18865-18868
FR Document		2017-08219
The Coast Guard is establishing a temporary safety zone on Mill River in New Haven, CT around the Chapel Street Bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Mohawk Northeast, Inc. Chapel Street Bridge Rehabilitation Project. When enforced, 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 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18865-18868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08219]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0257]
RIN 1625-AA00


Safety Zone; Chapel Street Over Mill River Bridge 
Rehabilitation--New Haven, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Mill River in New Haven, CT around the Chapel Street Bridge. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the Mohawk Northeast, 
Inc. Chapel Street Bridge Rehabilitation Project. When enforced, 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 April 24, 2017 
through May 26, 2017. For the purposes of enforcement, actual notice 
will be used from April 1, 2017, through April 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0257 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

[[Page 18866]]

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 6, 2017, Sector Long Island Sound was made aware of a 
bridge rehabilitation project for the Chapel Street Bridge over the 
Mill River in New Haven, CT. The COTP Sector LIS has determined that 
the potential hazards associated with the bridge rehabilitation project 
will be a safety concern for anyone within the work area.
    The project is scheduled to begin on April 1, 2017 and be completed 
by May 26, 2017. During this project, masonry repairs, fender system 
repairs, mechanical system replacement, and upgrades to the 
superstructure will take place. 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 be enforced during 
two brief periods when work barges will be placed in the navigable 
channel during structural steel replacement or when other hazards to 
navigation arise. The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 24 hours in advance to any period 
of enforcement or as soon as practicable in response to an emergency. 
If the project is completed prior to May 26, 2017, enforcement of the 
safety zone will be suspended and notice given via Broadcast Notice to 
Mariners.
    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 construction work 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 
bridge rehabilitation project starting on April 1, 2017 and continuing 
through May 26, 2017 will be a safety concern for anyone within the 
work zone. This rule is needed to protect personnel, vessels, and the 
marine environment within the safety zone while the bridge 
rehabilitation project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on April 1, 2017 
through 9:00 p.m. on May 26, 2017. The safety zone will cover all 
navigable waters of Mill River in New Haven, CT around the Chapel 
Street Bridge: Beginning at a point in position at 41[deg]18'14'' N., 
072[deg]54'21'' W. north of the Chapel Street Bridge; then east across 
Mill River to a point in position at 41[deg]18'14'' N., 072[deg]54'18'' 
W.; then south to a point in position at 41[deg]18'11'' N., 
072[deg]54'18'' W.; then west across Mill River to a point in position 
at 41[deg]18'11'' N., 072[deg]54'21'' W.; then north across Chapel 
Street Bridge 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 Mohawk Northeast, Inc. Chapel Street Bridge Rehabilitation 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 channel 16 
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. The Coast Guard has determined that this rulemaking is not a 
significant regulatory action for the following reasons: (1) The safety 
zone only impacts a small designated area of the Mill River during a 
time of year when vessel traffic is normally low, (2) the zone will 
only be enforced temporarily when work barges will be placed in the 
navigable channel during structural steel replacement or if 
necessitated by an emergency, (3) persons or vessels desiring to enter 
the safety zone may do so with permission from the COTP Sector LIS or a 
designated representative. The Coast Guard will notify the public of 
the enforcement of this rule via appropriate means, such as via Local 
Notice to Mariners and Broadcast Notice to Mariners.

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.

[[Page 18867]]

    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 
April 1, 2017 through May 26, 2017 that will prohibit entry within the 
work zone during the bridge rehabilitation project. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. An 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.T01-0257 to read as follows:


Sec.  165.T01-0257  Safety Zone; Chapel Street Over Mill River Bridge 
Rehabilitation Project--New Haven, CT.

    (a) Location: The following area is a safety zone: All navigable 
waters of Mill River in New Haven, CT around the Chapel Street Bridge: 
Beginning at a point in position at 41[deg]18'14'' N., 072[deg]54'21'' 
W. north of the Chapel Street Bridge; then east across Mill River to a 
point in position at 41[deg]18'14'' N., 072[deg]54'18'' W.; then south 
to a point in position at 41[deg]18'11'' N., 072[deg]54'18'' W.; then 
west across Mill River to a point in position at 41[deg]18'11'' N., 
072[deg]54'21'' W.; then north across Chapel Street Bridge 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 April 1, 2017 through 9:00 p.m. on May 26, 2017 but 
will only be enforced during structural steel replacement or other 
instances which may cause a hazard to navigation, when deemed necessary 
by the Captain of the Port (COTP), Sector Long Island Sound.
    (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 Mohawk Northeast, Inc. for 
the Chapel Street Bridge Rehabilitation 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 Long Island Sound command center) or the designated 
representative on scene via VHF channel 16 to obtain permission to do 
so.
    (4) Mariners are requested to cooperate with the Mohawk Northeast, 
Inc. project work vessels for the safety

[[Page 18868]]

of all concerned. The Mohawk Northeast, Inc. project work vessels will 
be monitoring VHF channels 13 and 16.
    (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: March 31, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-08219 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P
18866 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations

§ Section effective less than 30 days after alternatives and, if regulation is
U.S.C. United States Code publication in the Federal Register. necessary, to select regulatory
II. Background Information and approaches that maximize net benefits.
III. Legal Authority and Need for Rule
Regulatory History Executive Order 13563 emphasizes the
The legal basis for this temporary rule importance of quantifying both costs
On March 6, 2017, Sector Long Island is 33 U.S.C. 1231. The COTP Sector LIS and benefits, of reducing costs, of
Sound was made aware of a bridge has determined that potential hazards harmonizing rules, and of promoting
rehabilitation project for the Chapel associated with the bridge rehabilitation flexibility. This rule has not been
Street Bridge over the Mill River in New project starting on April 1, 2017 and designated a ‘‘significant regulatory
Haven, CT. The COTP Sector LIS has continuing through May 26, 2017 will action,’’ under Executive Order. 12866.
determined that the potential hazards be a safety concern for anyone within Accordingly, it has not been reviewed
associated with the bridge rehabilitation the work zone. This rule is needed to by the Office of Management and
project will be a safety concern for protect personnel, vessels, and the Budget. The Coast Guard has
anyone within the work area. marine environment within the safety
The project is scheduled to begin on determined that this rulemaking is not
zone while the bridge rehabilitation a significant regulatory action for the
April 1, 2017 and be completed by May project is completed.
26, 2017. During this project, masonry following reasons: (1) The safety zone
repairs, fender system repairs, IV. Discussion of the Rule only impacts a small designated area of
mechanical system replacement, and the Mill River during a time of year
This rule establishes a safety zone when vessel traffic is normally low, (2)
upgrades to the superstructure will take from 6:00 a.m. on April 1, 2017 through
place. No vessel or person will be the zone will only be enforced
9:00 p.m. on May 26, 2017. The safety temporarily when work barges will be
permitted to enter the safety zone zone will cover all navigable waters of
without obtaining permission from the placed in the navigable channel during
Mill River in New Haven, CT around the structural steel replacement or if
COTP or a designated representative. Chapel Street Bridge: Beginning at a
The safety zone will be enforced during necessitated by an emergency, (3)
point in position at 41°18′14″ N., persons or vessels desiring to enter the
two brief periods when work barges will 072°54′21″ W. north of the Chapel Street
be placed in the navigable channel safety zone may do so with permission
Bridge; then east across Mill River to a from the COTP Sector LIS or a
during structural steel replacement or point in position at 41°18′14″ N.,
when other hazards to navigation arise. designated representative. The Coast
072°54′18″ W.; then south to a point in Guard will notify the public of the
The Coast Guard will issue a Broadcast position at 41°18′11″ N., 072°54′18″ W.;
Notice to Mariners via VHF–FM marine enforcement of this rule via appropriate
then west across Mill River to a point in means, such as via Local Notice to
channel 16 24 hours in advance to any position at 41°18′11″ N., 072°54′21″ W.;
period of enforcement or as soon as Mariners and Broadcast Notice to
then north across Chapel Street Bridge Mariners.
practicable in response to an emergency. back to point of origin (NAD 83). All
If the project is completed prior to May positions are approximate. The duration B. Impact on Small Entities
26, 2017, enforcement of the safety zone of the zone is intended to protect
will be suspended and notice given via The Regulatory Flexibility Act of
people, vessels, and the marine 1980, 5 U.S.C. 601–612, as amended,
Broadcast Notice to Mariners. environment in these navigable waters
The Coast Guard is issuing this requires Federal agencies to consider
during the Mohawk Northeast, Inc. the potential impact of regulations on
temporary final rule without prior Chapel Street Bridge Rehabilitation
notice and opportunity to comment small entities during rulemaking. The
Project. No vessel or person will be term ‘‘small entities’’ comprises small
pursuant to authority under section 4(a) permitted to enter the safety zone
of the Administrative Procedure Act businesses, not-for-profit organizations
without obtaining permission from the that are independently owned and
(APA) (5 U.S.C. 553(b)). This provision COTP or a designated representative.
authorizes an agency to issue a rule operated and are not dominant in their
The Coast Guard will notify the
without prior notice and opportunity to fields, and governmental jurisdictions
public and local mariners of this safety
comment when the agency for good with populations of less than 50,000.
zone through appropriate means, which
cause finds that those procedures are The Coast Guard certifies under 5 U.S.C.
may include, but are not limited to,
‘‘impracticable, unnecessary, or contrary 605(b) that this rule will not have a
publication in the Federal Register, the
to the public interest.’’ Under 5 U.S.C. significant economic impact on a
Local Notice to Mariners, and Broadcast
553(b)(B), the Coast Guard finds that substantial number of small entities.
Notice to Mariners via VHF–FM marine
good cause exists for not publishing an channel 16 in advance of any scheduled While some owners or operators of
NPRM with respect to this rule because enforcement period. The regulatory text vessels intending to transit this
doing so would be impracticable and we are enforcing appears at the end of regulated area may be small entities, for
contrary to the public interest. The late this document. the reasons stated in section V.A above,
finalization of project details did not this rule will not have a significant
give the Coast Guard enough time to V. Regulatory Analyses economic impact on any vessel owner
publish an NPRM, take public We developed this rule after or operator. Under section 213(a) of the
comments, and issue a final rule before considering numerous statutes and Small Business Regulatory Enforcement
the construction work is set to begin. It executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121),
would be impracticable and contrary to Below we summarize our analyses we want to assist small entities in
the public interest to delay based on a number of these statutes and understanding this rule. If the rule
jstallworth on DSK7TPTVN1PROD with RULES

promulgating this rule as it is necessary executive orders, and we discuss First would affect your small business,
to protect the safety of the public and Amendment rights of protestors. organization, or governmental
waterway users. jurisdiction and you have questions
Under 5 U.S.C. 553(d)(3), and for the A. Regulatory Planning and Review concerning its provisions or options for
same reasons stated in the preceding Executive Orders 12866 and 13563 compliance, please contact the person
paragraph, the Coast Guard finds that direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION
good cause exists for making this rule benefits of available regulatory CONTACT section.

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Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations 18867

Small businesses may send comments we do discuss the effects of this rule § 165.T01–0257 Safety Zone; Chapel Street
on the actions of Federal employees elsewhere in this preamble. Over Mill River Bridge Rehabilitation
who enforce, or otherwise determine Project—New Haven, CT.
compliance with, Federal regulations to F. Environment (a) Location: The following area is a
the Small Business and Agriculture safety zone: All navigable waters of Mill
We have analyzed this rule under River in New Haven, CT around the
Regulatory Enforcement Ombudsman Department of Homeland Security
and the Regional Small Business Chapel Street Bridge: Beginning at a
Management Directive 023–01 and point in position at 41°18′14″ N.,
Regulatory Fairness Boards. The
Commandant Instruction M16475.lD, 072°54′21″ W. north of the Chapel Street
Ombudsman evaluates these actions
annually and rates each agency’s which guide the Coast Guard in Bridge; then east across Mill River to a
responsiveness to small business. If you complying with the National point in position at 41°18′14″ N.,
wish to comment on actions by Environmental Policy Act of 1969 (42 072°54′18″ W.; then south to a point in
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have made a position at 41°18′11″ N., 072°54′18″ W.;
888–REG–FAIR (1–888–734–3247). The determination that this action is one of then west across Mill River to a point in
Coast Guard will not retaliate against a category of actions that do not position at 41°18′11″ N., 072°54′21″ W.;
small entities that question or complain individually or cumulatively have a then north across Chapel Street Bridge
about this rule or any policy or action significant effect on the human back to point of origin (NAD 83). All
of the Coast Guard. environment. This temporary rule positions are approximate.
involves a safety zone enforced from (b) Effective and enforcement period.
C. Collection of Information This rule will be effective from 6:00 a.m.
April 1, 2017 through May 26, 2017 that
This rule calls for no new collection will prohibit entry within the work zone on April 1, 2017 through 9:00 p.m. on
of information under the Paperwork during the bridge rehabilitation project. May 26, 2017 but will only be enforced
Reduction Act of 1995 (44 U.S.C. 3501– It is categorically excluded from further during structural steel replacement or
3520). other instances which may cause a
review under paragraph 34(g) of Figure
hazard to navigation, when deemed
D. Federalism and Indian Tribal 2–1 of Commandant Instruction
necessary by the Captain of the Port
Governments M16475.lD. An environmental analysis
(COTP), Sector Long Island Sound.
A rule has implications for federalism checklist and Categorical Exclusion (c) Definitions. The following
under Executive Order 13132, Determination are available in the definitions apply to this section: A
Federalism, if it has a substantial direct docket where indicated under ‘‘designated representative’’ is any Coast
effect on the States, on the relationship ADDRESSES. We seek any comments or Guard commissioned, warrant or petty
between the national government and information that may lead to the officer of the U.S. Coast Guard who has
the States, or on the distribution of discovery of a significant environmental been designated by the COTP Long
power and responsibilities among the impact from this rule. Island Sound to act on his or her behalf.
various levels of government. We have The designated representative may be
G. Protest Activities
analyzed this rule under that Order and on an official patrol vessel or may be on
have determined that it is consistent The Coast Guard respects the First shore and will communicate with
with the fundamental federalism Amendment rights of protesters. vessels via VHF–FM radio or loudhailer.
principles and preemption requirements Protesters are asked to contact the ‘‘Official patrol vessels’’ may consist of
described in Executive Order 13132. person listed in the FOR FURTHER any Coast Guard, Coast Guard Auxiliary,
Also, this rule does not have tribal state, or local law enforcement vessels
INFORMATION CONTACT section to
implications under Executive Order assigned or approved by the COTP Long
coordinate protest activities so that your
13175, Consultation and Coordination Island Sound. In addition, members of
with Indian Tribal Governments, message can be received without
the Coast Guard Auxiliary may be
because it does not have a substantial jeopardizing the safety or security of
present to inform vessel operators of
direct effect on one or more Indian people, places, or vessels.
this regulation. A ‘‘work vessel’’ is any
tribes, on the relationship between the List of Subjects in 33 CFR Part 165 vessel provided by Mohawk Northeast,
Federal Government and Indian tribes, Inc. for the Chapel Street Bridge
or on the distribution of power and Harbors, Marine safety, Navigation Rehabilitation Project and may be hailed
responsibilities between the Federal (water), Reporting and record keeping via VHF channel 13 or 16.
Government and Indian tribes. If you requirements, Security measures, and (d) Regulations. (1) The general
believe this rule has implications for Waterways. regulations contained in 33 CFR 165.23
federalism or Indian tribes, please apply.
contact the person listed in the FOR For the reasons discussed in the (2) In accordance with the general
FURTHER INFORMATION CONTACT section
preamble, the Coast Guard amends 33 regulations in 33 CFR 165.23, entry into
above. CFR part 165 as follows: or movement within this zone is
prohibited unless authorized by the
E. Unfunded Mandates Reform Act PART 165—REGULATED NAVIGATION COTP Long Island Sound.
The Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS (3) Operators of vessels desiring to
of 1995 (2 U.S.C. 1531–1538) requires enter or operate within the safety zone
Federal agencies to assess the effects of ■ 1. The authority citation for part 165 should contact the COTP Long Island
their discretionary regulatory actions. In continues to read as follows: Sound at 203–468–4401 (Sector Long
jstallworth on DSK7TPTVN1PROD with RULES

particular, the Act addresses actions Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Island Sound command center) or the
that may result in the expenditure by a 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; designated representative on scene via
State, local, or tribal government, in the and Department of Homeland Security VHF channel 16 to obtain permission to
aggregate, or by the private sector of Delegation No. 0170.1. do so.
$100,000,000 (adjusted for inflation) or (4) Mariners are requested to
more in any one year. Though this rule ■ 2. Add § 165.T01–0257 to read as cooperate with the Mohawk Northeast,
will not result in such an expenditure, follows: Inc. project work vessels for the safety

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18868 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations

of all concerned. The Mohawk DATES: This direct final rule will be I. Background and Purpose
Northeast, Inc. project work vessels will effective from June 23, 2017 to In a letter dated June 27, 2016, the
be monitoring VHF channels 13 and 16. November 8, 2020, unless EPA receives State of Connecticut submitted a formal
(5) Any vessel given permission to adverse comments by May 24, 2017. If revision to its State Implementation
enter or operate in the safety zone must adverse comments are received, EPA Plan (SIP). The SIP revision consists of
comply with all directions given to will publish a timely withdrawal of the Connecticut’s GPLPE as it relates to
them by the COTP Long Island Sound, direct final rule in the Federal Register criteria pollutants. Federally-
or the designated on scene informing the public that the rule will enforceable limits on criteria pollutants
representative. not take effect.
(6) Upon being hailed by a U.S. Coast or their precursors (e.g., VOCs or PM–
ADDRESSES: Submit your comments, 10) may have the incidental effect of
Guard vessel by siren, radio, flashing identified by Docket ID No. EPA–R01–
light or other means, the operator of the limiting certain HAPs listed pursuant to
OAR–2016–0542 at http:// section 112(b) of the Act. As a legal
vessel shall proceed as directed.
www.regulations.gov, or via email to matter, no additional program approval
Dated: March 31, 2017. mcdonnell.ida@epa.gov. For comments by the EPA is required beyond SIP
A.E. Tucci, submitted at Regulations.gov, follow the approval under section 110 in order for
Captain, U.S. Coast Guard, Captain of the online instructions for submitting these criteria pollutant limits to be
Port Sector Long Island Sound. comments. Once submitted, comments recognized as federally enforceable.
[FR Doc. 2017–08219 Filed 4–21–17; 8:45 am] cannot be edited or removed from However, section 112 of the Act
BILLING CODE 9110–04–P Regulations.gov. For either manner of provides the underlying authority for
submission, the EPA may publish any controlling all HAP emissions,
comment received to its public docket. regardless of their relationship to
ENVIRONMENTAL PROTECTION Do not submit electronically any criteria pollutant controls.
AGENCY information you consider to be Connecticut’s June 27, 2016 letter also
Confidential Business Information (CBI) requested that EPA approve the GPLPE
40 CFR Part 52 or other information whose disclosure is under section 112(l) of the CAA, as the
[EPA–R01–OAR–2016–0542; A–1–FRL– restricted by statute. Multimedia GPLPE relates to HAPs. The GPLPE was
9952–93–Region 1] submissions (audio, video, etc.) must be issued on November 9, 2015 and expires
accompanied by a written comment. on November 8, 2020. As noted earlier,
Air Plan Approval; Connecticut; The written comment is considered the the GPLPE is a general permit designed
General Permit To Limit Potential To official comment and should include to limit air pollutant emissions from
Emit From Major Stationary Sources of discussion of all points you wish to major stationary sources to below major
Air Pollution make. The EPA will generally not source thresholds by including legally
consider comments or comment and practicably enforceable permit
AGENCY: Environmental Protection
contents located outside of the primary restrictions on potential and actual
Agency (EPA).
submission (i.e., on the web, cloud, or emissions.
ACTION: Direct final rule.
other file sharing system). For By letter dated August 18, 2016, CT
SUMMARY: The Environmental Protection additional submission methods, please DEEP withdrew from its June 27, 2016
Agency (EPA) is approving a State contact the person identified in the ‘‘For SIP submittal, all explicit and implicit 1
Implementation Plan (SIP) revision Further Information Contact’’ section. references in the GPLPE to greenhouse
submitted by the State of Connecticut. For the full EPA public comment policy, gases (GHGs). The explicit references in
This revision approves into the information about CBI or multimedia the GPLPE are not being approved by
Connecticut SIP the provisions of submissions, and general guidance on EPA in this notice. In addition to those
Connecticut’s ‘‘General Permit to Limit making effective comments, please visit explicit references, to the extent that
Potential to Emit from Major Stationary http://www2.epa.gov/dockets/ any provisions of, or definitions
Sources of Air Pollution’’ (GPLPE) as commenting-epa-dockets. contained in, the GPLPE implicitly
they apply to the restriction of FOR FURTHER INFORMATION CONTACT: cover or address GHGs as a matter of
emissions of criteria pollutants for Susan Lancey, Air Permits, Toxics, and state law, EPA’s approval in this notice
which EPA has established national Indoor Programs Unit, Office of of the GPLPE specifically does not
ambient air quality standards. Ecosystem Protection, 5 Post Office include such provisions or definitions
Separately, we are also approving the Square—Suite 100 (Mail code OEP05– in relation to GHGs. However, our
provisions of the GPLPE as it applies to 2), Boston, MA 02109–3912, telephone approval excludes such definitions and
the restriction of emissions of hazardous 617–918–1656, fax 617–918–0656, email provisions only insofar as, and to the
air pollutants (HAPs). The State issued lancey.susan@epa.gov. extent that, they cover or address GHGs.
the GPLPE on November 9, 2015. The SUPPLEMENTARY INFORMATION: To the extent that the same definitions
permit imposes legally and practicably Throughout this document whenever and provisions implicitly address any
enforceable emissions limitations ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean and all other pollutants addressed by
restricting eligible sources’ potential to EPA. the GPLPE, those definitions and
emit air pollutants. Such restrictions Organization of this document. The provisions are being approved into the
would generally allow eligible sources following outline is provided to aid in SIP by EPA in this notice for purposes
to avoid having to comply with locating information in this preamble. of those pollutants. In other words,
reasonably available control technology EPA’s approval of the GPLPE
jstallworth on DSK7TPTVN1PROD with RULES

(RACT) that would otherwise apply to I. Background and Purpose specifically excludes applicability of the
major stationary sources, title V II. Evaluation of the GPLPE Under Section
110 of the Clean Air Act
operating permit requirements, or other III. Evaluation of the GPLPE Under Section
1 Certain terms used in the GPLPE are more fully

requirements that apply only to major defined in other parts of the State’s SIP or Title V
112 of the Clean Air Act program regulations. To the extent that such terms
stationary sources. This action is being IV. Final Action are used in the GPLPE they would implicitly cover
taken in accordance with the Clean Air V. Incorporation by Reference or address GHGs. These implicit references to GHGs
Act (CAA or the Act). VI. Statutory and Executive Order Reviews also were withdrawn by Connecticut.

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Document Created: 2017-04-22 00:11:08
Document Modified: 2017-04-22 00:11:08
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from April 24, 2017 through May 26, 2017. For the purposes of enforcement, actual notice will be used from April 1, 2017, through April 24, 2017.
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]
FR Citation		82 FR 18865
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways
82 FR 18865 - Safety Zone; Chapel Street Over Mill River Bridge Rehabilitation-New Haven, CT

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 77 (April 24, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
