82 FR 23144 - 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 97 (May 22, 2017)

Page Range		23144-23146
FR Document		2017-10389
The Coast Guard is establishing 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. This regulation prohibits vessels or people from being in 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.
Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23144-23146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10389]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; United Illuminating Company Housatonic River 
Crossing Project; Housatonic River; Milford and Stratford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 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. This regulation prohibits vessels or people from being 
in 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.

DATES: This rule is effective without actual notice from May 22, 2017 
through August 3, 2017. For the purposes of enforcement, actual notice 
will be used from April 26, 2017 through May 22, 2017.

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

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

II. Background Information and Regulatory History

    This rulemaking establishes a temporary 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 March 14, 2017, the Coast Guard published a NPRM 
entitled, ``Safety Zone; United Illuminating Company Housatonic River 
Crossing Project; Housatonic River; Milford and Stratford, CT'' in the 
Federal Register (80 FR 13572). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
transmission project. During the comment period that ended April 13, 
2017, we received zero comments.
    The United Illuminating Company Housatonic River Crossing Project 
is schedule to be completed in two phases. The first phase involving 
the stringing of optical fiber ground wires on the North circuit of the 
project is scheduled to begin on April, 26, 2017 through May 4, 2017. 
The second phase involves the stringing of optical fiber ground wires 
on the South circuit from July 29, 2017 through August 3, 2017. The 
work area for both phases is between the eastern and western shores of 
the Housatonic River. The southern boundary of the work area is the 
Metro-North Rail Bridge. The northern boundary of the work area is 
approximately 525 feet upstream of the Metro-North Rail Bridge. Exact 
coordinates are included in the regulatory text. 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.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. As stated above, the first phase 
of the United Illuminating Company Housatonic River Crossing Project is 
scheduled to begin on April 26, 2017. Thus, there is now insufficient 
time for a 30 day comment period before the need to enforce this safety 
zone on April 26, 2017. Delaying the enforcement of this safety zone to 
allow a 30 day effective period will be impractical and contrary to the 
public interest because it would inhibit the Coast Guard's ability to 
fulfill its mission to keep the waterways safe.

[[Page 23145]]

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1231. The COTP 
Sector LIS has determined that potential hazards associated with the 
river cable crossing project starting on April 26, 2017 and continuing 
through August 3, 2017 will be a safety concern for anyone within the 
work zone. This rule is needed to protect people and vessels within the 
safety zone until the cable crossing project is completed.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 14, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes 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 on the 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 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 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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action creates a temporary safety zone that will be 
enforced for less than 15 days on a designated area of the Housatonic 
River. During those 15 days, the safety zone will be enforced only 
during brief periods of time when the cable installation project 
necessitates closure of the waterway or during an emergency. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone and any periods of enforcement. The rule also 
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. 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.
    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.

[[Page 23146]]

    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This rule creates a temporary safety zone lasting less 
than 15 days. During those 15 days, the safety zone will be enforced 
only during brief periods of time when the cable installation project 
necessitates closure of the waterway or during an emergency. Normally 
such actions are categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A 
Record of Environmental Consideration (REC) for Categorically Excluded 
Actions 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 rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; and Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0825 to read as follows:


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

    (a) Location: The following area is included with this safety zone: 
All navigable waters of the Housatonic River near Milford and 
Stratford, CT contained within the following area; beginning at a point 
on land in position at 41[deg]12'17'' N., 073[deg]06'40'' W. near the 
Governor John Davis Lodge Turnpike (I-95) Bridge; then northeast across 
the Housatonic River to a point on land in position at 41[deg]12'20'' 
N., 073[deg]06'29'' W. near the Governor John Davis Lodge Turnpike (I-
95) Bridge; then northwest along the shoreline to a point on land in 
position at 41[deg]12'25'' N., 073[deg]06'31'' W.; then southwest 
across the Housatonic River to a point on land in position at 
41[deg]12'22'' N., 073[deg]06'43'' W.; then southeast along the 
shoreline back to point of origin (NAD 83). All positions are 
approximate.
    (b) Effective and enforcement period. This rule will be effective 
from 8:00 a.m. on 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. 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 advance of the 
planned undertaking.
    (4) Mariners are requested to proceed with caution after passing 
arrangements have been made. Mariners are requested to cooperate with 
the United Illuminating Company work vessels for the safety of all 
concerned. The United Illuminating Company work vessels will be 
monitoring VHF channels 13 and 16. Mariners are requested to proceed 
with extreme caution and operate at their slowest safe speed as to not 
cause a wake.
    (5) Any vessel given permission to enter or operate in the safety 
zone must comply with all directions given to them by the COTP Sector 
Long Island Sound, or the designated on-scene representative.
    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

    Dated: April 24, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-10389 Filed 5-19-17; 8:45 am]
BILLING CODE 9110-04-P
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations 23145

III. Legal Authority and Need for Rule based on a number of these statutes and operated and are not dominant in their
The legal basis for this temporary rule Executive Orders, and we discuss First fields, and governmental jurisdictions
is 33 U.S.C. 1231. The COTP Sector LIS Amendment rights of protestors. with populations of less than 50,000.
has determined that potential hazards The Coast Guard received no comments
A. Regulatory Planning and Review
associated with the river cable crossing from the Small Business Administration
E.O.s 12866 (‘‘Regulatory Planning on this rulemaking. The Coast Guard
project starting on April 26, 2017 and and Review’’) and 13563 (‘‘Improving
continuing through August 3, 2017 will certifies under 5 U.S.C. 605(b) that this
Regulation and Regulatory Review’’) rule will not have a significant
be a safety concern for anyone within direct agencies to assess the costs and
the work zone. This rule is needed to economic impact on a substantial
benefits of available regulatory number of small entities.
protect people and vessels within the alternatives and, if regulation is
safety zone until the cable crossing While some owners or operators of
necessary, to select regulatory vessels intending to transit this
project is completed. approaches that maximize net benefits regulated area may be small entities, for
IV. Discussion of Comments, Changes, including potential economic, the reasons stated in section V.A above,
and the Rule environmental, public health and safety this rule will not have a significant
effects, distributive impacts, and equity. economic impact on any vessel owner
As noted above, we received no Executive Order 13563 emphasizes the
comments on our NPRM published on or operator. Under section 213(a) of the
importance of quantifying both costs Small Business Regulatory Enforcement
March 14, 2017. There are no changes and benefits, of reducing costs, of
in the regulatory text of this rule from Fairness Act of 1996 (Pub. L. 104–121),
harmonizing rules, and of promoting
the proposed rule in the NPRM. we want to assist small entities in
flexibility. Executive Order 13771
This rule establishes a safety zone understanding this rule. If the rule
(‘‘Reducing Regulation and Controlling
from 8:00 a.m. on April 26, 2017 would affect your small business,
Regulatory Costs’’), directs agencies to
through 6:00 p.m. on May 4, 2017, and organization, or governmental
reduce regulation and control regulatory
from 8:00 a.m. on July 29, 2017 through jurisdiction and you have questions
costs and provides that ‘‘for every one
6:00 p.m. on August 3, 2017. The safety concerning its provisions or options for
new regulation issued, at least two prior
zone will cover all navigable waters of compliance, please contact the person
regulations be identified for elimination,
the Housatonic River near Milford and listed in the FOR FURTHER INFORMATION
and that the cost of planned regulations
Stratford, CT contained within the CONTACT.
be prudently managed and controlled
following area: Beginning at a point on through a budgeting process.’’ Small businesses may send comments
land in position at 41°12′17″ N., The Office of Management and Budget on the actions of Federal employees
073°06′40″ W. near the Governor John (OMB) has not designated this rule a who enforce, or otherwise determine
Davis Lodge Turnpike (I–95) Bridge; significant regulatory action under compliance with, Federal regulations to
then northeast across the Housatonic section 3(f) of Executive Order 12866. the Small Business and Agriculture
River to a point on land in position at Accordingly, OMB has not reviewed it. Regulatory Enforcement Ombudsman
41°12′20″ N, 073°06′29″ W near the As this rule is not a significant and the Regional Small Business
Governor John Davis Lodge Turnpike (I– regulatory action, this rule is exempt Regulatory Fairness Boards. The
95) Bridge; then northwest along the from the requirements of Executive Ombudsman evaluates these actions
shoreline to a point on land in position Order 13771. See OMB’s Memorandum annually and rates each agency’s
at 41°12′25″ N, 073°06′31″ W; then titled ‘‘Interim Guidance Implementing responsiveness to small business. If you
southwest across the Housatonic River Section 2 of the Executive Order of wish to comment on actions by
to a point on land in position at January 30, 2017 titled ‘Reducing employees of the Coast Guard, call 1–
41°12′22″ N., 073°06′43″ W.; then Regulation and Controlling Regulatory 888–REG–FAIR (1–888–734–3247). The
southeast along the shoreline back to Costs’ ’’ (February 2, 2017). Coast Guard will not retaliate against
point of origin (NAD 83). All positions This regulatory action creates a small entities that question or complain
are approximate. temporary safety zone that will be about this rule or any policy or action
The duration of the zone is intended enforced for less than 15 days on a of the Coast Guard.
to ensure the safety of vessels on the designated area of the Housatonic River. C. Collection of Information
navigable waters within the work zone During those 15 days, the safety zone
before, during, and after each messenger will be enforced only during brief This rule calls for no new collection
pulling operation or during any instance periods of time when the cable of information under the Paperwork
that necessitates a temporary closure of installation project necessitates closure Reduction Act of 1995 (44 U.S.C. 3501–
the Housatonic River at the work site. of the waterway or during an 3520).
No vessel or person will be permitted to emergency. The Coast Guard will issue D. Federalism and Indian Tribal
enter the safety zone without obtaining a Broadcast Notice to Mariners via Governments
permission from the COTP or a VHF–FM marine channel 16 about the
designated representative. The Coast zone and any periods of enforcement. A rule has implications for federalism
Guard will issue a Broadcast Notice to The rule also allows vessels to seek under Executive Order 13132,
Mariners via VHF–FM marine channel permission to enter the zone. Federalism, if it has a substantial direct
16 eight hours in advance of any effect on the States, on the relationship
scheduled enforcement period. The B. Impact on Small Entities between the national government and
regulatory text we are enforcing appears The Regulatory Flexibility Act of the States, or on the distribution of
1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the
nlaroche on DSK30NT082PROD with RULES

at the end of this document.
requires Federal agencies to consider various levels of government. We have
V. Regulatory Analyses the potential impact of regulations on analyzed this rule under that Order and
We developed this rule after small entities during rulemaking. The have determined that it is consistent
considering numerous statutes and term ‘‘small entities’’ comprises small with the fundamental federalism
Executive Orders related to rulemaking. businesses, not-for-profit organizations principles and preemption requirements
Below we summarize our analyses that are independently owned and described in Executive Order 13132.

VerDate Sep<11>2014 12:40 May 19, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1
23146 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations

Also, this rule does not have tribal person listed in the FOR FURTHER been designated by the COTP, Sector
implications under Executive Order INFORMATION CONTACT section to Long Island Sound, to act on his or her
13175, Consultation and Coordination coordinate protest activities so that your behalf. The designated representative
with Indian Tribal Governments, message can be received without may be on an official patrol vessel or
because it would not have a substantial jeopardizing the safety or security of may be on shore and will communicate
direct effect on one or more Indian people, places, or vessels. with vessels via VHF–FM radio or
tribes, on the relationship between the loudhailer. ‘‘Official patrol vessels’’ may
Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165
consist of any Coast Guard, Coast Guard
or on the distribution of power and Harbors, Marine safety, Navigation Auxiliary, state, or local law
responsibilities between the Federal (water), Reporting and recordkeeping enforcement vessels assigned or
Government and Indian tribes. If you requirements, Security measures, and approved by the COTP Sector Long
believe this rule has implications for Waterways. Island Sound. In addition, members of
federalism or Indian tribes, please For the reasons discussed in the the Coast Guard Auxiliary may be
contact the person listed in the FOR preamble, the Coast Guard amends 33 present to inform vessel operators of
FURTHER INFORMATION CONTACT section CFR part 165 as follows: this regulation. A ‘‘work vessel’’ is any
above. vessel provided by United Illuminating
PART 165—REGULATED NAVIGATION Company for the Housatonic River
E. Unfunded Mandates Reform Act
AREAS AND LIMITED ACCESS AREAS Crossing Project and may be hailed via
The Unfunded Mandates Reform Act
1. The authority citation for part 165 VHF channel 13 or 16.
of 1995 (2 U.S.C. 1531–1538) requires ■
Federal agencies to assess the effects of continues to read as follows: (d) Regulations. (1) The general
their discretionary regulatory actions. In Authority: 33 U.S.C. 1231; 50 U.S.C. 191; regulations contained in 33 CFR 165.23
particular, the Act addresses actions 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; apply.
that may result in the expenditure by a and Department of Homeland Security (2) In accordance with the general
State, local, or tribal government, in the Delegation No. 0170.1. regulations in 33 CFR 165.23, entry into
aggregate, or by the private sector of ■ 2. Add § 165.T01–0825 to read as or movement within this zone is
$100,000,000 (adjusted for inflation) or follows: prohibited unless authorized by the
more in any one year. Though this rule Captain of the Port Long Island Sound.
will not result in such an expenditure, § 165.T01–0825 Safety Zone; United
we do discuss the effects of this rule Illuminating Company Housatonic River (3) Operators of vessels desiring to
elsewhere in this preamble. Crossing Project; Housatonic River; Milford enter or operate within the safety zone
and Stratford, CT. should contact the COTP Sector Long
F. Environment (a) Location: The following area is Island Sound at 203–468–4401 (Sector
We have analyzed this rule under included with this safety zone: All LIS command center), or the designated
Department of Homeland Security navigable waters of the Housatonic representative via VHF channel 16 to
Management Directive 023–01 and River near Milford and Stratford, CT obtain permission to do so. Request to
Commandant Instruction M16475.lD, contained within the following area; enter or operate in the safety zone must
which guide the Coast Guard in beginning at a point on land in position be made 24 hours in advance of the
complying with the National at 41°12′17″ N., 073°06′40″ W. near the planned undertaking.
Environmental Policy Act of 1969 (42 Governor John Davis Lodge Turnpike (I– (4) Mariners are requested to proceed
U.S.C. 4321–4370f), and have made a 95) Bridge; then northeast across the with caution after passing arrangements
determination that this action is one of Housatonic River to a point on land in have been made. Mariners are requested
a category of actions that do not position at 41°12′20″ N., 073°06′29″ W. to cooperate with the United
individually or cumulatively have a near the Governor John Davis Lodge Illuminating Company work vessels for
significant effect on the human Turnpike (I–95) Bridge; then northwest the safety of all concerned. The United
environment. This rule creates a along the shoreline to a point on land Illuminating Company work vessels will
temporary safety zone lasting less than in position at 41°12′25″ N., 073°06′31″ be monitoring VHF channels 13 and 16.
15 days. During those 15 days, the safety W.; then southwest across the Mariners are requested to proceed with
zone will be enforced only during brief Housatonic River to a point on land in extreme caution and operate at their
periods of time when the cable position at 41°12′22″ N., 073°06′43″ W.; slowest safe speed as to not cause a
installation project necessitates closure then southeast along the shoreline back wake.
of the waterway or during an to point of origin (NAD 83). All
emergency. Normally such actions are positions are approximate. (5) Any vessel given permission to
categorically excluded from further (b) Effective and enforcement period. enter or operate in the safety zone must
review under paragraph 34(g) of Figure This rule will be effective from 8:00 a.m. comply with all directions given to
2–1 of Commandant Instruction on April 26, 2017 to 6:00 p.m. on May them by the COTP Sector Long Island
M16475.lD. A Record of Environmental 4, 2017, and from 8:00 a.m. on July 29, Sound, or the designated on-scene
Consideration (REC) for Categorically 2017 to 6:00 p.m. on August 3, 2017. representative.
Excluded Actions is available in the The Coast Guard will issue a Broadcast (6) Upon being hailed by a U.S. Coast
docket where indicated under Notice to Mariners via VHF–FM marine Guard vessel by siren, radio, flashing
ADDRESSES. We seek any comments or channel 16 eight hours in advance to light or other means, the operator of the
information that may lead to the any scheduled period of enforcement or vessel shall proceed as directed.
nlaroche on DSK30NT082PROD with RULES

discovery of a significant environmental as soon as practicable in response to an Dated: April 24, 2017.
impact from this rule. emergency.
(c) Definitions. The following A.E. Tucci,
G. Protest Activities definitions apply to this section: A Captain, U.S. Coast Guard, Captain of the
The Coast Guard respects the First ‘‘designated representative’’ is any Coast Port Sector Long Island Sound.
Amendment rights of protesters. Guard commissioned, warrant or petty [FR Doc. 2017–10389 Filed 5–19–17; 8:45 am]
Protesters are asked to contact the officer of the U.S. Coast Guard who has BILLING CODE 9110–04–P

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Document Created: 2018-11-08 08:51:20
Document Modified: 2018-11-08 08:51:20
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 May 22, 2017 through August 3, 2017. For the purposes of enforcement, actual notice will be used from April 26, 2017 through May 22, 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 23144
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
82 FR 23144 - Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River; Milford and Stratford, CT

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 97 (May 22, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
