Regulated Navigation Area-New Haven Harbor, Quinnipiac River, Mill River, New Haven, CT; Pearl Harbor Memorial Bridge (Interstate 95) Construction, 67563-67566 [2012-27488]
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Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Rules and Regulations
final rule that appeared in the Federal
Register of October 29, 2012 (77 FR
65463). In this final rule, the
Commission is revising its rules and
regulations relating to the filing of
privileged material in keeping with the
Commission’s efforts to comply with the
Paperwork Reduction Act, the
Government Paperwork Elimination Act
and the E-Government Act of 2002.
The effective date of this rule is
December 28, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Christopher Cook (Technology/
Procedural Information), Office of the
Executive Director, Federal Energy
Regulatory Commission, 888 First
Street NE., Washington, DC 20426,
Telephone: (202) 502–8102;
Richard M. Wartchow (Legal
Information), Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:
(202) 502–8744.
SUPPLEMENTARY INFORMATION:
Need for Correction
In Federal Register Document 2012–
26126 of October 29, 2012 (77 FR
65463); the final rule entitled ‘‘Filing of
Privileged Materials and Answers to
Motions’’ erroneously stated in the
preamble that the Model Protective
Order was developed by the
Commission ‘‘Office of Administrative
Litigation’’ instead of ‘‘Office of
Administrative Law Judges’’.
Correction
On page 65466, footnote 25; remove
the title ‘‘Office of Administrative
Litigation’’ and add in its place ‘‘Office
of Administrative Law Judges’’
On page 65468, in the third sentence
of paragraph 29; remove the title ‘‘Office
of Administrative Litigation’’ and add in
its place ‘‘Office of Administrative Law
Judges’’.
On page 65468, in the second
sentence of paragraph 36; remove the
title ‘‘Office of Administrative
Litigation’’ and add in its place ‘‘Office
of Administrative Law Judges’’.
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Dated: November 5, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012–27496 Filed 11–9–12; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0925]
Special Local Regulation; Annual
Marine Events on the Colorado River,
Between Davis Dam (Bullhead City,
AZ) and Headgate Dam (Parker, AZ)
Within the San Diego Captain of the
Port Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
special local regulations during the Blue
Water Resort and Casino Thanksgiving
Regatta, on the waters of Lake
Moovalya, Parker, Arizona, from
November 23 through November 24,
2012. These special local regulations are
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels of the race, and general users of
the waterway. During the enforcement
period, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative.
DATES: The regulations in 33 CFR
100.1102 will be enforced on November
23 through November 24, 2012 from
6:30 a.m. until 6:00 p.m. each day. If the
event is delayed by inclement weather,
these regulations will also be enforced
on November 25, 2012, from 6:30 a.m.
to 6:00 p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Petty Officer Deborah Metzger,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7656, email D11-PFMarineEventsSanDiego@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1102 in
support of the annual Blue Water Resort
and Casino Thanksgiving Regatta (Item
9 on Table 1 of 33 CFR 100.1102). The
Coast Guard will enforce the special
local regulations in that portion of Lake
Moovalya, Parker, AZ between the
northern and southern boundaries of La
Paz County Park on November 23
through November 24, 2012 from 6:30
a.m. to 6:00 p.m. each day. If the event
is delayed by inclement weather, these
regulations will also be enforced on
November 25, 2012, from 6:30 a.m. to
6:00 p.m. The Blue Water Resort and
SUMMARY:
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67563
Casino Thanksgiving Regatta will set up
the course on November 22 and race on
November 23 through November 24,
2012. Groups will be broken up into
different classes and compete in
designated heats. There will be 40 heats
per day.
Under the provisions of 33 CFR
100.1102, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 100.1102 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of this enforcement
period via the Local Notice to Mariners,
state, or local agencies.
Dated: October 18, 2012.
S.M. Mahoney,
Acting, Captain of the Port San Diego, United
States Coast Guard.
[FR Doc. 2012–27537 Filed 11–9–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0343]
RIN 1625–AA11
Regulated Navigation Area—New
Haven Harbor, Quinnipiac River, Mill
River, New Haven, CT; Pearl Harbor
Memorial Bridge (Interstate 95)
Construction
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the existing regulated navigation area in
the navigable waters of New Haven
Harbor, Quinnipiac River and Mill
River. The current RNA pertains only to
the operation of tugs and barges. The
changes allow periodic, temporary
closure of the area which will be needed
during construction of the new Pearl
Harbor Memorial Bridge, and which
could be needed at other times as well.
This revision allows the Coast Guard to
suspend all vessel traffic through the
RNA during periods of temporary
closure. This rule is necessary to
provide for the safety of life in the
regulated area.
SUMMARY:
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Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Rules and Regulations
This rule is effective December
13, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0343]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Joseph Graun,
Prevention Department, U.S. Coast
Guard Sector Long Island Sound, (203)
468–4544, Joseph.L.Graun@uscg.mil; or
Lieutenant Isaac M. Slavitt, Waterways
Management Division, U.S. Coast Guard
First District, (617) 223–8385,
Isaac.M.Slavitt@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
On August 8, 2012 we published a
notice of proposed rulemaking (NPRM)
entitled Regulated Navigation Area—
New Haven Harbor, Quinnipiac River,
Mill River, New Haven, CT; Pearl
Harbor Memorial Bridge (Interstate 95)
Construction, in the Federal Register
(77 FR 47331).
One comment was received and no
requests for a public meeting were
received.
B. Basis and Purpose
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish RNAs in defined water areas
that are hazardous or in which
hazardous conditions are determined to
exist. See 33 U.S.C. 1231 and
Department of Homeland Security
Delegation No. 0170.1.
The purpose of this rulemaking is to
provide for safety on the navigable
waters in the regulated area, and to
update some of the terminology used in
describing the boundaries of the RNA.
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This rule gives the Captain of the Port
Sector Long Island Sound (COTP) the
authority to temporarily close the RNA
to vessel traffic in any circumstance,
whether currently planned or
unforeseen, that the COTP determines
creates an imminent hazard to waterway
users in the RNA. Temporary closures
are currently foreseeable in connection
with the reconstruction of the Pearl
Harbor Memorial Bridge (sometimes
referred to as the I–95 Bridge,
Quinnipiac Bridge, or ‘‘Q’’ Bridge),
which has begun and is scheduled for
completion in 2015. Terminology
updates reflect the current names of
local landmarks to make them more
easily identifiable for mariners, but do
not change the location or dimensions
of the RNA.
C. Discussion of Comments, Changes
and the Final Rule
We received one comment from the
National Oceanic and Atmospheric
Administration. Their comment stated
the Latitude and Longitudes are written
in North American datum (NAD) 1927
format. They requested we reference the
format in the text or convert the
coordinates to NAD 1983 format. In
response to the comment we converted
the coordinates to NAD 1983 format and
referenced the format. The converted
coordinates and format reference can be
found in the regulatory text. Otherwise,
the final rule is unchanged from what
we proposed in the NPRM.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rulemaking will not be a significant
regulatory action for the following
reasons: vessel traffic will only be
restricted from the RNA for limited
durations and the RNA covers only a
small portion of the navigable
waterways. Furthermore, entry into this
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RNA during a closure may be
authorized by the COTP Sector Long
Island Sound or designated
representative.
Advanced public notifications will be
made to local mariners through
appropriate means, which may include
but are not limited to the Local Notice
to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 rule. 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.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit,
anchor or moor within the regulated
areas during a vessel restriction period.
The RNA will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: the RNA will be of
limited size and any waterway closures
will be of short duration, and entry into
this RNA during a closure is possible if
the vessel has Coast Guard
authorization. Additionally, before the
effective period of a waterway closure,
notifications will be made to local
mariners through appropriate means
which may include but are not limited
to the Local Notice to Mariners and
Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section of this preamble.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
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Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Rules and Regulations
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.
4. Collection of Information
This rule does not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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.
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8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Jkt 229001
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
5. Federalism
VerDate Mar<15>2010
9. Civil Justice Reform
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
(NEPA)(42 U.S.C. 4321–4370f), and
have determined 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 involves
restricting vessel movement within a
regulated navigation area. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
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67565
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. In § 165.150 revise paragraphs (a)
and (b)(8), and add new paragraph (b)(9)
to read as follows:
■
§ 165.150 New Haven Harbor, Quinnipiac
River, Mill River.
(a) Boundaries. The following is a
regulated navigation area: The waters
surrounding the Tomlinson Bridge and
Pearl Harbor Memorial Bridge (I–95
Bridge) located within a line extending
from a point A at 41°17′50.35″ N,
072°54′34.37″ W (the southeast corner of
the Magellan Pink Tanks Terminal
dock) thence along a line 126°T to point
B at 41°17′42.35″ N, 072°54′19.37″ W
(the southwest corner of the Gulf
facility) thence north along the
shoreline to point C at 41°17′57.35″ N,
072°54′04.37″ W (the northwest corner
of the R & H Terminal dock) thence
along a line 303°T to point D at
41°18′05.35″ N, 072°54′21.37″ W (the
west bank of the mouth of the Mill
River) thence south along the shoreline
to point of origin. All coordinates are
North American Datum 1983.
(b) * * *
(8) The Captain of the Port Sector
Long Island Sound (COTP) may issue an
authorization to deviate from any
regulation in paragraph (b) of this
section if the COTP determines that an
alternate operation can be done safely.
(9) The COTP may temporarily close
the RNA for any situation the COTP
determines would create an imminent
hazard to waterway users in the RNA.
Entry into the RNA during temporary
closure is prohibited unless authorized
by the COTP or the COTP’s designated
representative. The COTP or designated
representative may order the removal of
any vessel or equipment within the
RNA. To assure wide advance notice of
each closure among affected mariners,
the COTP may use means including, but
not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners.
The COTP will announce the dates and
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times of the closure and whether
exceptions will be authorized for
emergency or other specific vessel
traffic.
If
you have questions on this rule, call or
email Petty Officer Joseph Graun,
Prevention Department, U.S. Coast
Guard Sector Long Island Sound, (203)
468–4544, Joseph.L.Graun@uscg.mil; or
Lieutenant Isaac M. Slavitt, Waterways
Management, U.S. Coast Guard First
District, (617) 223–8385,
Isaac.M.Slavitt@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Dated: October 24, 2012.
J.B. McPherson,
Captain, U.S. Coast Guard Acting
Commander, First Coast Guard District.
[FR Doc. 2012–27488 Filed 11–9–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Table of Acronyms
33 CFR Part 165
[Docket Number USCG–2012–0623]
RIN 1625–AA11
Regulated Navigation Area; Thames
River Degaussing Range Replacement
Operations; New London, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily establishing a regulated
navigation area (RNA) on the navigable
waters of the Thames River in New
London Harbor, New London, CT. The
RNA will establish speed and wake
restrictions and allow the Coast Guard
to prohibit all vessel traffic through the
RNA during degaussing range
replacement operations, both planned
and unforeseen, that could pose an
imminent hazard to persons and vessels
operating in the area. This rule is
necessary to provide for the safety of life
on the navigable waters during the
replacement of the degaussing range and
its supporting system.
DATES: This rule is effective in the Code
of Federal Regulations from December
13, 2012 until October 31, 2014 and is
effective with actual notice from
November 1, 2012 until October 31,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0623]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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SUMMARY:
VerDate Mar<15>2010
15:16 Nov 09, 2012
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COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
A. Regulatory History, Basis, and
Purpose
The Coast Guard published a notice of
proposed rulemaking (NPRM) for this
temporary final rule on September 5,
2012 (77 FR 54495). We received two
public comments on the NPRM, and no
request for a public meeting.
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish RNAs in defined water areas
that are determined to have hazardous
conditions and in which vessel traffic
can be regulated in the interest of safety.
See 33 U.S.C. 1231 and Department of
Homeland Security Delegation No.
0170.1.
This rule establishes speed and wake
restrictions and allows the Coast Guard
to prohibit all vessel traffic through the
RNA during degaussing range
replacement operations, both planned
and unforeseen, that could pose an
imminent hazard to persons and vessels
operating in the area. The Coast Guard
is not now planning (and will actively
avoid) full closures of the waterway;
however, given the nature of the work
it is important that this regulatory tool
be available if circumstances change.
This rule is necessary to provide for the
safety of life on the navigable waters
during the replacement of the
degaussing range and its supporting
system.
B. Discussion of Comments, Changes
and the Temporary Final Rule
The Coast Guard received two public
comments on the NPRM.
One comment was from the
Connecticut Department of Energy and
Environmental Protection. The
department requested the RNA’s SlowNo-Wake wording be modified slightly
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to match up with the State definition of
Slow-No-Wake providing consistency to
mariner. The Coast Guard agrees with
this comment and has modified the rule
to be consistent with the State, changing
the maximum speed from 5 knots to 6
knots and allowing higher minimum
speed when necessary to maintain
steerageway.
The other comment was from a local
ferry service. First, they commented that
a 5 knot speed restriction would not
allow their vessels to maintain
steerageway. They requested the ability
to operate at a higher speed that
maintains steerage and creates a
minimum wake. The Coast Guard agrees
with this comment and has changed the
Slow-No-Wake verbiage to allow all
vessels to maintain higher minimum
speed when necessary to maintain
steerageway. Second, they commented
that the contractor should be required to
make SECURITE calls during critical
crane or diver operations so vessels
could take further measures to ensure
safety. The Coast Guard agrees with this
recommendation and will instruct the
contractor to make SECURITE calls
during all crane and dive operations.
Third, they commented that the
contractor should be required to plan
the project with a commitment that a
portion of the waterway always be
available for commercial traffic. This is
not feasible, but every effort will be
made to minimize closure periods. In
addition they asked who will ensure the
contractor has done their due diligence
to prevent a need to close the waterway.
The Captain of the Port (COTP) will
monitor this operation. The COTP will
enforce the RNA only during degaussing
range replacement operations, both
planned and unforeseen, that the COTP
recognizes as posing an imminent
hazard to persons and vessels operating
in the area. The COTP will suspend
enforcement of the RNA during periods
in which enforcement is not necessary
for the safety of life on the navigable
waters.
C. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
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]]>Agencies
[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67563-67566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27488]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0343]
RIN 1625-AA11
Regulated Navigation Area--New Haven Harbor, Quinnipiac River,
Mill River, New Haven, CT; Pearl Harbor Memorial Bridge (Interstate 95)
Construction
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the existing regulated navigation
area in the navigable waters of New Haven Harbor, Quinnipiac River and
Mill River. The current RNA pertains only to the operation of tugs and
barges. The changes allow periodic, temporary closure of the area which
will be needed during construction of the new Pearl Harbor Memorial
Bridge, and which could be needed at other times as well. This revision
allows the Coast Guard to suspend all vessel traffic through the RNA
during periods of temporary closure. This rule is necessary to provide
for the safety of life in the regulated area.
[[Page 67564]]
DATES: This rule is effective December 13, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0343]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph Graun, Prevention Department, U.S.
Coast Guard Sector Long Island Sound, (203) 468-4544,
Joseph.L.Graun@uscg.mil; or Lieutenant Isaac M. Slavitt, Waterways
Management Division, U.S. Coast Guard First District, (617) 223-8385,
Isaac.M.Slavitt@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On August 8, 2012 we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area--New Haven Harbor, Quinnipiac
River, Mill River, New Haven, CT; Pearl Harbor Memorial Bridge
(Interstate 95) Construction, in the Federal Register (77 FR 47331).
One comment was received and no requests for a public meeting were
received.
B. Basis and Purpose
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are hazardous
or in which hazardous conditions are determined to exist. See 33 U.S.C.
1231 and Department of Homeland Security Delegation No. 0170.1.
The purpose of this rulemaking is to provide for safety on the
navigable waters in the regulated area, and to update some of the
terminology used in describing the boundaries of the RNA. This rule
gives the Captain of the Port Sector Long Island Sound (COTP) the
authority to temporarily close the RNA to vessel traffic in any
circumstance, whether currently planned or unforeseen, that the COTP
determines creates an imminent hazard to waterway users in the RNA.
Temporary closures are currently foreseeable in connection with the
reconstruction of the Pearl Harbor Memorial Bridge (sometimes referred
to as the I-95 Bridge, Quinnipiac Bridge, or ``Q'' Bridge), which has
begun and is scheduled for completion in 2015. Terminology updates
reflect the current names of local landmarks to make them more easily
identifiable for mariners, but do not change the location or dimensions
of the RNA.
C. Discussion of Comments, Changes and the Final Rule
We received one comment from the National Oceanic and Atmospheric
Administration. Their comment stated the Latitude and Longitudes are
written in North American datum (NAD) 1927 format. They requested we
reference the format in the text or convert the coordinates to NAD 1983
format. In response to the comment we converted the coordinates to NAD
1983 format and referenced the format. The converted coordinates and
format reference can be found in the regulatory text. Otherwise, the
final rule is unchanged from what we proposed in the NPRM.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard determined that this rulemaking will not be a
significant regulatory action for the following reasons: vessel traffic
will only be restricted from the RNA for limited durations and the RNA
covers only a small portion of the navigable waterways. Furthermore,
entry into this RNA during a closure may be authorized by the COTP
Sector Long Island Sound or designated representative.
Advanced public notifications will be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit, anchor or moor within the regulated areas during a vessel
restriction period.
The RNA will not have a significant economic impact on a
substantial number of small entities for the following reasons: the RNA
will be of limited size and any waterway closures will be of short
duration, and entry into this RNA during a closure is possible if the
vessel has Coast Guard authorization. Additionally, before the
effective period of a waterway closure, notifications will be made to
local mariners through appropriate means which may include but are not
limited to the Local Notice to Mariners and Broadcast Notice to
Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section of this preamble.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 67565]]
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.
4. Collection of Information
This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA)(42 U.S.C. 4321-4370f), and have determined
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 involves restricting vessel movement within a
regulated navigation area. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. In Sec. 165.150 revise paragraphs (a) and (b)(8), and add new
paragraph (b)(9) to read as follows:
Sec. 165.150 New Haven Harbor, Quinnipiac River, Mill River.
(a) Boundaries. The following is a regulated navigation area: The
waters surrounding the Tomlinson Bridge and Pearl Harbor Memorial
Bridge (I-95 Bridge) located within a line extending from a point A at
41[deg]17'50.35'' N, 072[deg]54'34.37'' W (the southeast corner of the
Magellan Pink Tanks Terminal dock) thence along a line 126[deg]T to
point B at 41[deg]17'42.35'' N, 072[deg]54'19.37'' W (the southwest
corner of the Gulf facility) thence north along the shoreline to point
C at 41[deg]17'57.35'' N, 072[deg]54'04.37'' W (the northwest corner of
the R & H Terminal dock) thence along a line 303[deg]T to point D at
41[deg]18'05.35'' N, 072[deg]54'21.37'' W (the west bank of the mouth
of the Mill River) thence south along the shoreline to point of origin.
All coordinates are North American Datum 1983.
(b) * * *
(8) The Captain of the Port Sector Long Island Sound (COTP) may
issue an authorization to deviate from any regulation in paragraph (b)
of this section if the COTP determines that an alternate operation can
be done safely.
(9) The COTP may temporarily close the RNA for any situation the
COTP determines would create an imminent hazard to waterway users in
the RNA. Entry into the RNA during temporary closure is prohibited
unless authorized by the COTP or the COTP's designated representative.
The COTP or designated representative may order the removal of any
vessel or equipment within the RNA. To assure wide advance notice of
each closure among affected mariners, the COTP may use means including,
but not limited to, Broadcast Notice to Mariners and Local Notice to
Mariners. The COTP will announce the dates and
[[Page 67566]]
times of the closure and whether exceptions will be authorized for
emergency or other specific vessel traffic.
Dated: October 24, 2012.
J.B. McPherson,
Captain, U.S. Coast Guard Acting Commander, First Coast Guard District.
[FR Doc. 2012-27488 Filed 11-9-12; 8:45 am]
BILLING CODE 9110-04-P
