83_FR_19030 83 FR 18946 - Safety Zone; Housatonic River, Milford and Stratford, CT

83 FR 18946 - Safety Zone; Housatonic River, Milford and Stratford, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range18946-18948
FR Document2018-09186

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 a wire replacement project on the Devon Railroad Bridge. Entry of vessels or people into the safety zone is prohibited unless authorized by the Captain of the Port Long Island Sound or a designated representative. The safety zone will only be enforced during wire replacement operations or other instances which may create a hazard to navigation.

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018)
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18946-18948]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09186]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0304]
RIN 1625-AA00


Safety Zone; 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 a wire replacement project on the Devon 
Railroad Bridge. Entry of vessels or people into the safety zone is 
prohibited unless authorized by the Captain of the Port Long Island 
Sound or a designated representative. The safety zone will only be 
enforced during wire replacement operations or other instances which 
may create a hazard to navigation.

DATES: This rule is effective without actual notice from May 1, 2018 
through May 15, 2018. For the purposes of enforcement, actual notice 
will be used from April 5, 2018 through May 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0304 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 Chief Petty Officer Katherine Linnick, Prevention Department, 
U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4565, 
email Katherine.E.Linnick@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    On March 19, 2018, Sector Long Island Sound was made aware of an 
emergency wire replacement project for the Devon Railroad Bridge over 
the Housatonic River near Stratford and Milford, CT. The Captain of the 
Port (COTP) Long Island Sound has determined that the potential hazards 
associated with the wire replacement project could be a safety concern 
for anyone within the safety zone.
    The project runs from April 5, 2018 through May 15, 2018. During 
this project, CIANBRO Construction work boats will be in place to 
remove frayed guy wires currently spanning between two high towers 
above the Devon Railroad Bridge. Once the frayed guy wires are removed, 
CIANBRO Construction work boats will stretch new replacement guy wires 
across the navigable channel and will hoist the wires to the top of the 
high towers via a pull rope attached to a work boat, starting on the 
west side of the river, then finishing on the east side of the river. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP Long Island Sound or a designated 
representative. The safety zone will be enforced only when wires, 
cables, and rigging equipment are stretched across the navigable 
channel at low elevations during the wire replacement project or when 
other hazards to navigation arise. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 twenty-four 
(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 15, 2018, 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 wire replacement project 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 
Long Island Sound has determined that potential hazards associated with 
the wire replacement project, which runs from April 5, 2018 through May 
15, 2018, will be a safety concern for anyone on the navigable waters 
within 100 yards of the wire replacement project. This rule is needed 
to protect people, vessels, and the marine environment within the 
safety zone until the wire replacement project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on April 5, 2018 
through 6:00 p.m. on May 15, 2018. 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]12'14.5'' N, 073[deg]06'40.8'' W south of 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]12'17.7'' 
N, 073[deg]06'29.1'' W south of the Governor John Davis Lodge Turnpike 
(I-95) Bridge; then northwest along the shoreline to a point

[[Page 18947]]

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 safety zone is intended to ensure the safety of 
vessels on the navigable waters within this zone before, during, and 
after each wire and cable suspension operation, or during any instance 
that necessitates a temporary closure of the Housatonic River at the 
project site. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP Long Island Sound 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 
twenty-four (24) hours in advance of any scheduled enforcement period. 
The regulatory text we are enforcing appears at the end of this 
document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and enforcement of the safety zone. The safety zone 
will impact only a small designated portion on the Housatonic River for 
41 days. Although vessels will not be able to transit around this 
safety zone, this waterway is typically transited by small recreational 
craft on an infrequent basis prior to Memorial Day Weekend. 
Additionally, the safety zone will only be enforced when the wire 
replacement 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. Moreover, the rule allows vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 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 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator. Under section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want 
to assist small entities in understanding this rule. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This temporary rule creates a safety zone lasting 41 days. 
During those 41 days, the safety zone will be enforced only when the 
wire replacement project necessitates closure of the waterway or during 
an emergency. It is categorically excluded from further review under 
paragraph

[[Page 18948]]

L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration supporting this 
determination will be available in the docket where indicated under 
ADDRESSES.

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; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0304 to read as follows:


Sec.  165.T01-0304  Safety Zone; Housatonic River, Milford and 
Stratford, CT.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Housatonic River near Milford and Stratford, CT contained 
within the following area: Beginning at a point on land in position at 
41[deg]12'14.5'' N, 073[deg]06'40.8'' W south of 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]12'17.7'' N, 
073[deg]06'29.1'' W south of 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 is effective from 
6:00 a.m. on April 5, 2018 to 6:00 p.m. on May 15, 2018. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 twenty-four (24) hours prior 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:
    (1) A ``designated representative'' is any Coast Guard 
commissioned, warrant or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port Long Island Sound (COTP), 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.
    (2) An ``Official patrol vessel'' may be 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.
    (d) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter or remain in the safety zone 
described in paragraph (a) of this section unless authorized by the 
COTP or one of the COTP's designated representatives.
    (2) Any vessel that is granted permission by the COTP or a 
designated representative must proceed through the area with caution 
and operate at a speed no faster than necessary to maintain a safe 
course, unless otherwise required by the Navigation Rules.
    (3) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or a designated 
representative. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the zone when directed by the COTP or a 
designated representative.
    (4) To seek permission to enter or remain in the safety zone, 
individuals may reach the COTP or a designated representative via 
Channel 16 (VHF-FM) or at 203-468-4401 (Sector Long Island Sound 
command center).

    Dated: April 4, 2018.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island 
Sound.
[FR Doc. 2018-09186 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-04-P



                                           18946                Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations

                                              (4) Spectators or other vessels shall                available in the docket, go to http://                will be suspended and notice given via
                                           not anchor, block, loiter, or impede the                www.regulations.gov, type USCG–2018–                  Broadcast Notice to Mariners.
                                           movement of event participants or                       0304 in the ‘‘SEARCH’’ box and click                     The Coast Guard is issuing this
                                           official patrol vessels in the safety zone              ‘‘SEARCH.’’ Click on Open Docket                      temporary final rule without prior
                                           unless authorized by an official patrol                 Folder on the line associated with this               notice and opportunity to comment
                                           vessel.                                                 rule.                                                 pursuant to authority under section 4(a)
                                              (5) The Patrol Commander may                         FOR FURTHER INFORMATION CONTACT: If                   of the Administrative Procedure Act
                                           control the movement of all vessels in                  you have questions on this rule, contact              (APA) (5 U.S.C. 553(b)). This provision
                                           the safety zone. When hailed or signaled                Chief Petty Officer Katherine Linnick,                authorizes an agency to issue a rule
                                           by an official patrol vessel, a vessel shall            Prevention Department, U.S. Coast                     without prior notice and opportunity to
                                           come to an immediate stop and comply                    Guard Sector Long Island Sound,                       comment when the agency for good
                                           with the lawful directions issued.                      telephone (203) 468–4565, email                       cause finds that those procedures are
                                           Failure to comply with a lawful                         Katherine.E.Linnick@uscg.mil.                         ‘‘impracticable, unnecessary, or contrary
                                           direction may result in expulsion from                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                         to the public interest.’’ Under 5 U.S.C.
                                           the area, citation for failure to comply,                                                                     553(b)(B), the Coast Guard finds that
                                           or both.                                                I. Table of Abbreviations                             good cause exists for not publishing an
                                              (6) The Patrol Commander may delay                   COTP Captain of the Port                              NPRM with respect to this rule because
                                           or terminate the Volvo Ocean Race at                    DHS Department of Homeland Security                   doing so would be impracticable and
                                           any time to ensure safety. Such action                  FR Federal Register                                   contrary to the public interest. The late
                                           may be justified as a result of weather,                LIS Long Island Sound                                 finalization of project details did not
                                           traffic density, spectator actions, or                  NPRM Notice of Proposed Rulemaking                    give the Coast Guard enough time to
                                           participant behavior.                                   NAD 83 North American Datum 1983                      publish an NPRM, take public
                                             Dated: April 16, 2018.                                II. Background Information and                        comments, and issue a final rule before
                                                                                                   Regulatory History                                    the wire replacement project is set to
                                           R.J. Schultz,
                                                                                                                                                         begin. It would be impracticable and
                                           Captain, U.S. Coast Guard, Captain of the                  On March 19, 2018, Sector Long                     contrary to the public interest to delay
                                           Port Southeastern New England.                          Island Sound was made aware of an                     promulgating this rule as it is necessary
                                           [FR Doc. 2018–09187 Filed 4–30–18; 8:45 am]             emergency wire replacement project for                to protect the safety of the public and
                                           BILLING CODE 9110–04–P                                  the Devon Railroad Bridge over the                    waterway users.
                                                                                                   Housatonic River near Stratford and                      Under 5 U.S.C. 553(d)(3), and for the
                                                                                                   Milford, CT. The Captain of the Port                  same reasons stated in the preceding
                                           DEPARTMENT OF HOMELAND                                  (COTP) Long Island Sound has                          paragraph, the Coast Guard finds that
                                           SECURITY                                                determined that the potential hazards                 good cause exists for making this rule
                                                                                                   associated with the wire replacement                  effective less than 30 days after
                                           Coast Guard                                             project could be a safety concern for                 publication in the Federal Register.
                                                                                                   anyone within the safety zone.
                                           33 CFR Part 165                                            The project runs from April 5, 2018                III. Legal Authority and Need for Rule
                                           [Docket Number USCG–2018–0304]                          through May 15, 2018. During this                        The legal basis for this temporary rule
                                                                                                   project, CIANBRO Construction work                    is 33 U.S.C. 1231. The COTP Long
                                           RIN 1625–AA00                                           boats will be in place to remove frayed               Island Sound has determined that
                                                                                                   guy wires currently spanning between                  potential hazards associated with the
                                           Safety Zone; Housatonic River, Milford
                                                                                                   two high towers above the Devon                       wire replacement project, which runs
                                           and Stratford, CT
                                                                                                   Railroad Bridge. Once the frayed guy                  from April 5, 2018 through May 15,
                                           AGENCY:    Coast Guard, DHS.                            wires are removed, CIANBRO                            2018, will be a safety concern for
                                           ACTION:   Temporary final rule.                         Construction work boats will stretch                  anyone on the navigable waters within
                                                                                                   new replacement guy wires across the                  100 yards of the wire replacement
                                           SUMMARY:   The Coast Guard is                           navigable channel and will hoist the                  project. This rule is needed to protect
                                           establishing a temporary safety zone for                wires to the top of the high towers via               people, vessels, and the marine
                                           certain waters of the Housatonic River.                 a pull rope attached to a work boat,                  environment within the safety zone
                                           This action is necessary to provide for                 starting on the west side of the river,               until the wire replacement project is
                                           the safety of life on these navigable                   then finishing on the east side of the                completed.
                                           waters near Milford and Stratford, CT,                  river. No vessel or person will be
                                           during a wire replacement project on                    permitted to enter the safety zone                    IV. Discussion of the Rule
                                           the Devon Railroad Bridge. Entry of                     without obtaining permission from the                    This rule establishes a safety zone
                                           vessels or people into the safety zone is               COTP Long Island Sound or a                           from 6:00 a.m. on April 5, 2018 through
                                           prohibited unless authorized by the                     designated representative. The safety                 6:00 p.m. on May 15, 2018. The safety
                                           Captain of the Port Long Island Sound                   zone will be enforced only when wires,                zone will cover all navigable waters of
                                           or a designated representative. The                     cables, and rigging equipment are                     the Housatonic River near Milford and
                                           safety zone will only be enforced during                stretched across the navigable channel                Stratford, CT contained within the
                                           wire replacement operations or other                    at low elevations during the wire                     following area: Beginning at a point on
                                           instances which may create a hazard to                  replacement project or when other                     land in position at 41°12′14.5″ N,
                                           navigation.                                             hazards to navigation arise. The Coast                073°06′40.8″ W south of the Governor
                                           DATES: This rule is effective without                   Guard will issue a Broadcast Notice to                John Davis Lodge Turnpike (I–95)
amozie on DSK30RV082PROD with RULES




                                           actual notice from May 1, 2018 through                  Mariners via VHF–FM marine channel                    Bridge; then northeast across the
                                           May 15, 2018. For the purposes of                       16 twenty-four (24) hours in advance to               Housatonic River to a point on land in
                                           enforcement, actual notice will be used                 any period of enforcement or as soon as               position at 41°12′17.7″ N, 073°06′29.1″
                                           from April 5, 2018 through May 1, 2018.                 practicable in response to an emergency.              W south of the Governor John Davis
                                           ADDRESSES: To view documents                            If the project is completed prior to May              Lodge Turnpike (I–95) Bridge; then
                                           mentioned in this preamble as being                     15, 2018, enforcement of the safety zone              northwest along the shoreline to a point


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                                                                Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations                                          18947

                                           on land in position at 41°12′25″ N,                     zone will only be enforced when the                   D. Federalism and Indian Tribal
                                           073°06′31″ W; then southwest across the                 wire replacement project necessitates                 Governments
                                           Housatonic River to a point on land in                  closure of the waterway or during an                     A rule has implications for federalism
                                           position at 41°12′22″ N, 073°06′43″ W;                  emergency. The Coast Guard will issue                 under Executive Order 13132,
                                           then southeast along the shoreline back                 a Broadcast Notice to Mariners via                    Federalism, if it has a substantial direct
                                           to point of origin (NAD 83). All                        VHF–FM marine channel 16 about the                    effect on the States, on the relationship
                                           positions are approximate.                              zone and any periods of enforcement.                  between the national government and
                                             The duration of the safety zone is                    Moreover, the rule allows vessels to                  the States, or on the distribution of
                                           intended to ensure the safety of vessels                seek permission to enter the zone.
                                           on the navigable waters within this zone                                                                      power and responsibilities among the
                                           before, during, and after each wire and                 B. Impact on Small Entities                           various levels of government. We have
                                           cable suspension operation, or during                                                                         analyzed this rule under that Order and
                                                                                                      The Regulatory Flexibility Act of                  have determined that it is consistent
                                           any instance that necessitates a                        1980, 5 U.S.C. 601–612, as amended,
                                           temporary closure of the Housatonic                                                                           with the fundamental federalism
                                                                                                   requires Federal agencies to consider                 principles and preemption requirements
                                           River at the project site. No vessel or                 the potential impact of regulations on
                                           person will be permitted to enter the                                                                         described in Executive Order 13132.
                                                                                                   small entities during rulemaking. The                    Also, this rule does not have tribal
                                           safety zone without obtaining                           term ‘‘small entities’’ comprises small
                                           permission from the COTP Long Island                                                                          implications under Executive Order
                                                                                                   businesses, not-for-profit organizations              13175, Consultation and Coordination
                                           Sound or a designated representative.                   that are independently owned and
                                             The Coast Guard will notify the                                                                             with Indian Tribal Governments,
                                                                                                   operated and are not dominant in their                because it would not have a substantial
                                           public and local mariners of this safety                fields, and governmental jurisdictions
                                           zone through appropriate means, which                                                                         direct effect on one or more Indian
                                                                                                   with populations of less than 50,000.                 tribes, on the relationship between the
                                           may include, but are not limited to,                    The Coast Guard certifies under 5 U.S.C.
                                           publication in the Federal Register, the                                                                      Federal Government and Indian tribes,
                                                                                                   605(b) that this rule will not have a                 or on the distribution of power and
                                           Local Notice to Mariners, and Broadcast                 significant economic impact on a
                                           Notice to Mariners via VHF–FM marine                                                                          responsibilities between the Federal
                                                                                                   substantial number of small entities.                 Government and Indian tribes. If you
                                           channel 16 twenty-four (24) hours in                       While some owners or operators of
                                           advance of any scheduled enforcement                                                                          believe this rule has implications for
                                                                                                   vessels intending to transit this safety              federalism or Indian tribes, please
                                           period. The regulatory text we are                      zone may be small entities, for the
                                           enforcing appears at the end of this                                                                          contact the person listed in the FOR
                                                                                                   reasons stated in section V.A above, this             FURTHER INFORMATION CONTACT section
                                           document.                                               rule will not have a significant                      above.
                                           V. Regulatory Analyses                                  economic impact on any vessel owner
                                                                                                   or operator. Under section 213(a) of the              E. Unfunded Mandates Reform Act
                                             We developed this rule after
                                           considering numerous statutes and                       Small Business Regulatory Enforcement                   The Unfunded Mandates Reform Act
                                           Executive Orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                           Below we summarize our analyses                         we want to assist small entities in                   Federal agencies to assess the effects of
                                           based on a number of these statutes and                 understanding this rule. If the rule                  their discretionary regulatory actions. In
                                           Executive orders, and we discuss First                  would affect your small business,                     particular, the Act addresses actions
                                           Amendment rights of protestors.                         organization, or governmental                         that may result in the expenditure by a
                                                                                                   jurisdiction and you have questions                   State, local, or tribal government, in the
                                           A. Regulatory Planning and Review                       concerning its provisions or options for              aggregate, or by the private sector of
                                              Executive Orders 12866 and 13563                     compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                           direct agencies to assess the costs and                 listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                           benefits of available regulatory                        CONTACT.                                              will not result in such an expenditure,
                                           alternatives and, if regulation is                         Small businesses may send comments                 we do discuss the effects of this rule
                                           necessary, to select regulatory                         on the actions of Federal employees                   elsewhere in this preamble.
                                           approaches that maximize net benefits.                  who enforce, or otherwise determine
                                                                                                   compliance with, Federal regulations to               F. Environment
                                           Executive Order 13563 emphasizes the
                                           importance of quantifying both costs                    the Small Business and Agriculture                       We have analyzed this rule under
                                           and benefits, of reducing costs, of                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           harmonizing rules, and of promoting                     and the Regional Small Business                       Management Directive 023–01 and
                                           flexibility. This rule has not been                     Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                           designated a ‘‘significant regulatory                   Ombudsman evaluates these actions                     which guide the Coast Guard in
                                           action,’’ under Executive Order 12866.                  annually and rates each agency’s                      complying with the National
                                           Accordingly, it has not been reviewed                   responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                           by the Office of Management and                         wish to comment on actions by                         U.S.C. 4321–4370f), and have made a
                                           Budget.                                                 employees of the Coast Guard, call                    determination that this action is one of
                                              This regulatory action determination                 1–888–REG–FAIR (1–888–734–3247).                      a category of actions that do not
                                           is based on the size, location, duration,               The Coast Guard will not retaliate                    individually or cumulatively have a
                                           and enforcement of the safety zone. The                 against small entities that question or               significant effect on the human
                                           safety zone will impact only a small                    complain about this rule or any policy                environment. This temporary rule
                                           designated portion on the Housatonic                    or action of the Coast Guard.                         creates a safety zone lasting 41 days.
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                                           River for 41 days. Although vessels will                                                                      During those 41 days, the safety zone
                                                                                                   C. Collection of Information
                                           not be able to transit around this safety                                                                     will be enforced only when the wire
                                           zone, this waterway is typically                          This rule calls for no new collection               replacement project necessitates closure
                                           transited by small recreational craft on                of information under the Paperwork                    of the waterway or during an
                                           an infrequent basis prior to Memorial                   Reduction Act of 1995 (44 U.S.C. 3501–                emergency. It is categorically excluded
                                           Day Weekend. Additionally, the safety                   3520).                                                from further review under paragraph


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                                           18948                Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations

                                           L60(a) of Appendix A, Table 1 of DHS                    hours prior to any scheduled period of                FEDERAL COMMUNICATIONS
                                           Instruction Manual 023–01–001–01,                       enforcement or as soon as practicable in              COMMISSION
                                           Rev. 01. A Record of Environmental                      response to an emergency.
                                           Consideration supporting this                                                                                 47 CFR Part 54
                                                                                                      (c) Definitions. The following
                                           determination will be available in the                  definitions apply to this section:                    [WC Docket Nos. 10–90; FCC 18–37]
                                           docket where indicated under
                                           ADDRESSES.                                                 (1) A ‘‘designated representative’’ is             Connect America Fund
                                                                                                   any Coast Guard commissioned, warrant
                                           G. Protest Activities                                   or petty officer of the U.S. Coast Guard              AGENCY:  Federal Communications
                                             The Coast Guard respects the First                    who has been designated by the Captain                Commission.
                                           Amendment rights of protesters.                         of the Port Long Island Sound (COTP),                 ACTION: Final rule.
                                           Protesters are asked to contact the                     to act on his or her behalf. The
                                           person listed in the FOR FURTHER                                                                              SUMMARY:    In this document, the Federal
                                                                                                   designated representative may be on an
                                           INFORMATION CONTACT section to                                                                                Communications Commission
                                                                                                   official patrol vessel or may be on shore
                                           coordinate protest activities so that your                                                                    (Commission) for the period beginning
                                                                                                   and will communicate with vessels via                 January 1, 2017, increases the amount of
                                           message can be received without                         VHF–FM radio or loudhailer.
                                           jeopardizing the safety or security of                                                                        operating costs that carriers that
                                           people, places, or vessels.                                (2) An ‘‘Official patrol vessel’’ may be           predominantly serve Tribal lands can
                                                                                                   any Coast Guard, Coast Guard Auxiliary,               recover from the universal service fund
                                           List of Subjects in 33 CFR Part 165                     state, or local law enforcement vessels               (USF) in recognition that they are likely
                                             Harbors, Marine safety, Navigation                    assigned or approved by the COTP Long                 to have higher costs than carriers not
                                           (water), Reporting and record keeping                   Island Sound. In addition, members of                 serving Tribal lands. This action will
                                           requirements, Security measures, and                    the Coast Guard Auxiliary may be                      provide additional funding to these
                                           Waterways.                                              present to inform vessel operators of                 carriers to provide both voice and
                                             For the reasons discussed in the                      this regulation.                                      broadband services to their customers.
                                           preamble, the Coast Guard amends 33                                                                           DATES: Effective May 31, 2018.
                                                                                                      (d) Regulations. (1) Under the general
                                           CFR part 165 as follows:                                safety zone regulations in subpart C of               FOR FURTHER INFORMATION CONTACT:
                                                                                                   this part, you may not enter or remain                Suzanne Yelen, Wireline Competition
                                           PART 165—REGULATED NAVIGATION                                                                                 Bureau, (202) 418–7400 or TTY: (202)
                                           AREAS AND LIMITED ACCESS AREAS                          in the safety zone described in
                                                                                                   paragraph (a) of this section unless                  418–0484.
                                           ■ 1. The authority citation for part 165                authorized by the COTP or one of the                  SUPPLEMENTARY INFORMATION: This is a
                                           continues to read as follows:                           COTP’s designated representatives.                    summary of the Commission’s Report
                                                                                                                                                         and Order in WC Docket Nos. 10–90;
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                (2) Any vessel that is granted                     FCC 18–37, adopted on March 27, 2018
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               permission by the COTP or a designated
                                           Department of Homeland Security Delegation
                                                                                                                                                         and released on April 5, 2018. The full
                                                                                                   representative must proceed through the               text of this document is available for
                                           No. 0170.1.
                                                                                                   area with caution and operate at a speed              public inspection during regular
                                           ■ 2. Add § 165.T01–0304 to read as                      no faster than necessary to maintain a                business hours in the FCC Reference
                                           follows:                                                safe course, unless otherwise required                Center, Room CY–A257, 445 12th Street
                                           § 165.T01–0304 Safety Zone; Housatonic                  by the Navigation Rules.                              SW, Washington, DC 20554 or at the
                                           River, Milford and Stratford, CT.                          (3) Any person or vessel permitted to              following internet address: https://
                                             (a) Location. The following area is a                 enter the safety zone shall comply with               transition.fcc.gov/Daily_Releases/Daily_
                                           safety zone: All navigable waters of the                the directions and orders of the COTP                 Business/2018/db0405/FCC-18-
                                           Housatonic River near Milford and                       or a designated representative. Upon                  37A1.pdf.
                                           Stratford, CT contained within the                      being hailed by a U.S. Coast Guard                    Synopsis
                                           following area: Beginning at a point on                 vessel by siren, radio, flashing lights, or
                                           land in position at 41°12′14.5″ N,                                                                            I. Introduction
                                                                                                   other means, the operator of a vessel
                                           073°06′40.8″ W south of the Governor                    within the zone shall proceed as                         1. In this Report and Order (Order),
                                           John Davis Lodge Turnpike (I–95)                        directed. Any person or vessel within                 for the period beginning January 1,
                                           Bridge; then northeast across the                       the safety zone shall exit the zone when              2017, the Commission increases the
                                           Housatonic River to a point on land in                  directed by the COTP or a designated                  amount of operating costs that carriers
                                           position at 41°12′17.7″ N, 073°06′29.1″                 representative.                                       that predominantly serve Tribal lands
                                           W south of the Governor John Davis                                                                            can recover from the universal service
                                           Lodge Turnpike (I–95) Bridge; then                         (4) To seek permission to enter or                 fund (USF) in recognition that they are
                                           northwest along the shoreline to a point                remain in the safety zone, individuals                likely to have higher costs than carriers
                                           on land in position at 41°12′25″ N,                     may reach the COTP or a designated                    not serving Tribal lands. This action
                                           073°06′31″ W; then southwest across the                 representative via Channel 16 (VHF–                   will provide additional funding to these
                                           Housatonic River to a point on land in                  FM) or at 203–468–4401 (Sector Long                   carriers to provide both voice and
                                           position at 41°12′22″ N, 073°06′43″ W;                  Island Sound command center).                         broadband services to their customers.
                                           then southeast along the shoreline back                   Dated: April 4, 2018.                                  2. In March 2016, the Commission
                                           to point of origin (NAD 83). All                                                                              adopted the Rate-of-Return Reform
                                                                                                   K.B. Reed,
                                           positions are approximate.                                                                                    Order and FNPRM establishing a new
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                                             (b) Effective and Enforcement period.                 Commander, U.S. Coast Guard, Acting                   mechanism for the distribution of
                                           This rule is effective from 6:00 a.m. on                Captain of the Port Long Island Sound.                Connect America Fund support in rate-
                                           April 5, 2018 to 6:00 p.m. on May 15,                   [FR Doc. 2018–09186 Filed 4–30–18; 8:45 am]           of-return areas. In the March 2016 Rate-
                                           2018. The Coast Guard will issue a                      BILLING CODE 9110–04–P                                of-Return Reform Order and Further
                                           Broadcast Notice to Mariners via VHF–                                                                         Notice of Proposed Rulemaking
                                           FM marine channel 16 twenty-four (24)                                                                         (FNPRM), 81 FR 24282, April 25, 2016


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Document Created: 2018-05-01 00:24:43
Document Modified: 2018-05-01 00:24:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from May 1, 2018 through May 15, 2018. For the purposes of enforcement, actual notice will be used from April 5, 2018 through May 1, 2018.
ContactIf you have questions on this rule, contact Chief Petty Officer Katherine Linnick, Prevention Department, U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4565, email [email protected]
FR Citation83 FR 18946 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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