Safety Zone; English Station Emergency Environmental Response; Mill River; New Haven, CT, 62341-62344 [2014-24768]
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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations
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 the
establishment of a RNA and thus, is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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:
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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.
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21:55 Oct 16, 2014
Jkt 235001
2. Add § 165.T01–0215 to read as
follows:
■
§ 165.T01–0215 Regulated Navigation
Area; Bridge 1 Structural Repairs at
Portsmouth Naval Shipyard, Kittery, ME.
(a) Location. The following area is a
Regulated Navigation Area (RNA): All
navigable waters of Piscataqua River
between Kittery, ME and Seavey Island,
ME, from surface to bottom, within a
300 yard radius of position 43°05′06″ N,
070°44′29″ W.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply within the
RNA.
(2) Any vessel transiting through the
RNA must make a direct passage. No
vessel may stop, moor, anchor or loiter
within the RNA at any time unless they
are working on the bridge construction.
Movement within the RNA is subject to
a ‘‘Slow-No Wake’’ speed limit. All
vessels may not produce a wake and
may not attain speeds greater than five
(5) knots unless a higher minimum
speed is necessary to maintain steering.
(3) There may be times that the First
District Commander or the Captain of
the Port (COTP) finds it necessary to
close the RNA to vessel traffic. During
times of limited closure, persons and
vessels may request permission to enter
the RNA by contacting the COTP or the
COTP’s on-scene representative on
VHF–16 or via phone at 207–767–0303.
(4) Any vessels transiting in the RNA
must comply with all directions given to
them by the COTP or the COTP’s onscene representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel; Maine State
Police, Maine Marine Patrol or other
designated craft; or may be on shore and
communicating with vessels via VHF–
FM radio or loudhailer. Members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(5) All other relevant regulations,
including but not limited to the Rules of
the Road, as codified in 33 CFR
Subchapter E, Inland Navigational
Rules, remain in effect within the RNA
and must be strictly followed at all
times.
(c) Enforcement Period. This
regulation is enforceable 24 hours a day
from 12:01 a.m. on October 1, 2014 until
11:59 p.m. on April 30, 2017.
(d) Notification. The Coast Guard will
rely on the methods described in 33
CFR 165.7 to notify the public of the
time and duration of any closure of the
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62341
RNA. Violations of this RNA may be
reported to the COTP at 207–767–0303
or on VHF-Channel 16.
Dated: September 30, 2014.
V. B. Gifford,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2014–24771 Filed 10–16–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0917]
RIN 1625–AA00
Safety Zone; English Station
Emergency Environmental Response;
Mill River; New Haven, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Mill River,
in New Haven, CT for the English
Station Emergency Environmental
Response. This action is necessary to
provide for the safety of life on
navigable waters during the response.
Entering into, transiting through,
remaining, anchoring or mooring within
this safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) Sector Long Island Sound.
DATES: This rule is effective without
actual notice from October 17, 2014
until November 30, 2014. For the
purposes of enforcement, actual notice
will be used from the date the rule was
signed, October 3, 2014, until October
17, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0917]. 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 Ian M. Fallon,
SUMMARY:
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Prevention Department, Coast Guard
Sector Long Island Sound, 203 468–
4565, Ian.M.Fallon@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
COTP Captain of the Port
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
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
publishing an NPRM would be
impracticable and contrary to the public
interest. Because of the emergency
nature of the incident that created the
need for this safety zone, there is
insufficient time for the Coast Guard to
seek public comments. Publishing an
NPRM and delaying the effective date of
this rule to await public comments
would inhibit the Coast Guard’s ability
to fulfill its statutory missions to protect
ports, waterways, and the maritime
public.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for this temporary rule
is 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;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones.
On September 15, 2014 the U.S. Coast
Guard Sector Long Island Sound was
contacted by personnel from
Connecticut Department of Energy and
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21:55 Oct 16, 2014
Jkt 235001
Environmental Response (CT DEEP).
The CT DEEP personnel were
overseeing an environmental response
at English Station, a decommissioned
electrical power plant located in New
Haven, CT. While on site, the CT DEEP
personnel discovered a storm drain on
the property that was contaminated
with oil. The English Station site is
contaminated with Polychlorinated
Biphenyls (PBC) which may have
contaminated the petroleum products.
After Coast Guard personnel examined
the site it was determined by the COTP,
Sector Long Island Sound, that Coast
Guard emergency response was
necessary to protect the public and
environment from the imminent and
substantial threat of oil discharge from
the main building and potential
hazardous substance release.
On September 24, 2014 the U.S. Coast
Guard Sector Long Island Sound
deployed boom surrounding the English
Station site to contain any oil discharges
and hazardous substances releases into
the Mill River. The COTP has
determined that a safety zone is
necessary to protect the public from the
safety hazards created by this
emergency and preserve the function of
the boom deployed around this site.
C. Discussion of the Temporary Final
Rule
For the reasons discussed above, the
COTP is establishing a temporary safety
zone on the Mill River in the vicinity of
English Station in New Haven, CT. This
safety zone will be bound inside of an
area that starts at a point on land at
position 41°18′30.46″ N, 072°54′22.80″
W and then south along the shoreline to
a point on land at position 41°18′20.21″
N, 072°54′22.14″ W and then west along
the shoreline to a point on land at
position 41°18′21.08″ N, 072°54′26.84″
W and then north along the shoreline to
a point on land at position 41°18′30.12″
N, 072°54′27.59″ W and then east across
land back to point of origin.
Containment boom used in this
emergency environmental response will
mark the bounds of this safety zone. The
containment boom is anchored onsite
and marked with amber flashing lights
for nighttime visibility.
No vessel may enter, transit, moor, or
anchor within safety zone during the
period of enforcement unless authorized
by the COTP or designated
representative.
The COTP will cause public
notifications to be made by all
appropriate means including but not
limited to Broadcast Notice to Mariners.
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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
rule is not a significant regulatory action
for the following reasons: The safety
zone will be of relatively short in
duration and covers only a small
portion of the navigable waterways.
Furthermore, vessels may transit the
navigable waterway outside of the safety
zone. Moreover, vessels desiring entry
into the safety zone may be authorized
to do so by the COTP or designated
representative. Advanced public
notifications will also be made to the
local maritime community by 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 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: owners and operators of vessels
intending to transit or anchor in the Mill
River in the vicinity of English Station.
The temporary safety zone will not have
a significant economic impact on a
substantial number of small entities for
all the reasons discussed in the
REGULATORY PLANNING AND
REVIEW section above.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
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and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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, above.
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.
4. Collection of Information
This rule will 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.
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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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
21:55 Oct 16, 2014
Jkt 235001
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 From
Environmental Health Risks
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 Sep<11>2014
7. Unfunded Mandates Reform Act
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.
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62343
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 the
establishment of a safety zone. 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
will be available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
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; and
Department of Homeland Security Delegation
No. 0170.1
2. Add § 165.T01–0917 to read as
follows:
■
§ 165.T01–0917 Safety Zone; English
Station Emergency Environmental
Response, Mill River, New Haven, CT.
(a) Location. The following area is a
safety zone: All waters from surface to
bottom within the Mill River, from the
shoreline of the English Station
emergency response site. and extending
towards the water 5 feet past the
containment boom surrounding the site.
The English Station emergency response
site is bound inside of an area that starts
at a point on land at position
41°18′30.46″ N, 072°54′22.80″ W and
then south along the shoreline to a point
on land at position 41°18′20.21″ N,
072°54′22.14″ W and then west along
the shoreline to a point on land at
position 41°18′21.08″ N, 072°54′26.84″
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W and then north along the shoreline to
a point on land at position 41°18′30.12″
N, 072°54′27.59″ W and then east across
land back to point of origin (NAD). All
positions are approximate.
(b) Effective and enforcement period.
This rule will be effective and enforced
from 1:00 p.m. on October 3, 2014 to
11:59 p.m. on November 30, 2014.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the COTP, Sector
Long Island Sound, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation. The containment boom
used in this emergency environmental
response and utilized as a landmark for
this safety zone is composed of harbor
boom sections surrounding the English
Station starting near the northeastern
corner of the site, extending south
towards the southeastern corner, and
then extending west towards the
southwestern corner and then extending
north towards the northwestern corner
and ending there. The containment
boom is anchored onsite and marked
with amber flashing lights for nighttime
visibility. Vessels not engaged in the
English Station Emergency
Environmental Response are to stay at
least 5 feet away from the containment
boom.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or movement within this zone is
prohibited unless authorized by the
Captain of the Port, Southeastern Long
Island Sound.
(3) Operators of vessels desiring to
enter or operate within the safety zone
should contact the COTP Sector Long
Island Sound at 203–468–4401 (Sector
LIS command center) or the designated
representative via VHF channel 16 to
obtain permission to do so.
(4) Any Vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Sector Long Island
Sound or the designated on-scene
representative.
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21:55 Oct 16, 2014
Jkt 235001
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
Dated: October 3, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–24768 Filed 10–16–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0832]
RIN 1625–AA00
Safety Zone: Pier 39 36th Anniversary
Fireworks Display, San Francisco Bay,
San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zone in
the navigable waters of the San
Francisco Bay near Pier 39 in support of
the Pier 39 36th Anniversary Fireworks
Display on October 4, 11, 18 and 25,
2014. The safety zone is established to
ensure the safety of participants and
spectators from the dangers associated
with pyrotechnics. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port or
their designated representative.
DATES: This rule is effective without
actual notice from October 17, 2014
until October 25, 2014. For the purposes
of enforcement, actual notice will be
used from October 4, 2014 until October
17, 2014. This rule will be enforced
from 11 a.m. to 9 p.m. on October 4, 11,
18 and 25, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0832. 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.
SUMMARY:
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If
you have questions on this rule, call or
email Lieutenant Junior Grade Joshua
Dykman, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–3585 or
email at D11–PF-MarineEvents@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
A. Regulatory History and Information
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.’’ The Coast Guard
received the information about the
fireworks display on August 8, 2014,
making notice and comment
impracticable as the fireworks display
would occur before the rulemaking
process would be completed.
Similarly, under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause
exists for making this rule effective less
than 30 days after publication in the
Federal Register. Because of the dangers
posed by the pyrotechnics used in this
fireworks display, the safety zone is
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
event.
B. Basis and Purpose
The legal basis for the proposed rule
is 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, 160.5; Public
Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zone.
Pier 39 will sponsor the Pier 39 36th
Anniversary Fireworks Display on
October 4, 11, 18 and 25, 2014, near Pier
39 in San Francisco, CA in approximate
positions 37°48′45″ N, 122°24′40″ W
(NAD83) as depicted in National
Oceanic and Atmospheric
Administration (NOAA) Chart 18650.
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62341-62344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24768]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0917]
RIN 1625-AA00
Safety Zone; English Station Emergency Environmental Response;
Mill River; New Haven, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Mill River, in New Haven, CT for the English
Station Emergency Environmental Response. This action is necessary to
provide for the safety of life on navigable waters during the response.
Entering into, transiting through, remaining, anchoring or mooring
within this safety zone is prohibited unless authorized by the Captain
of the Port (COTP) Sector Long Island Sound.
DATES: This rule is effective without actual notice from October 17,
2014 until November 30, 2014. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, October 3, 2014,
until October 17, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0917]. 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 Ian M. Fallon,
[[Page 62342]]
Prevention Department, Coast Guard Sector Long Island Sound, 203 468-
4565, Ian.M.Fallon@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
COTP Captain of the Port
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
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 publishing an NPRM would be impracticable and contrary to the
public interest. Because of the emergency nature of the incident that
created the need for this safety zone, there is insufficient time for
the Coast Guard to seek public comments. Publishing an NPRM and
delaying the effective date of this rule to await public comments would
inhibit the Coast Guard's ability to fulfill its statutory missions to
protect ports, waterways, and the maritime public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for this temporary rule is 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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
On September 15, 2014 the U.S. Coast Guard Sector Long Island Sound
was contacted by personnel from Connecticut Department of Energy and
Environmental Response (CT DEEP). The CT DEEP personnel were overseeing
an environmental response at English Station, a decommissioned
electrical power plant located in New Haven, CT. While on site, the CT
DEEP personnel discovered a storm drain on the property that was
contaminated with oil. The English Station site is contaminated with
Polychlorinated Biphenyls (PBC) which may have contaminated the
petroleum products. After Coast Guard personnel examined the site it
was determined by the COTP, Sector Long Island Sound, that Coast Guard
emergency response was necessary to protect the public and environment
from the imminent and substantial threat of oil discharge from the main
building and potential hazardous substance release.
On September 24, 2014 the U.S. Coast Guard Sector Long Island Sound
deployed boom surrounding the English Station site to contain any oil
discharges and hazardous substances releases into the Mill River. The
COTP has determined that a safety zone is necessary to protect the
public from the safety hazards created by this emergency and preserve
the function of the boom deployed around this site.
C. Discussion of the Temporary Final Rule
For the reasons discussed above, the COTP is establishing a
temporary safety zone on the Mill River in the vicinity of English
Station in New Haven, CT. This safety zone will be bound inside of an
area that starts at a point on land at position 41[deg]18'30.46'' N,
072[deg]54'22.80'' W and then south along the shoreline to a point on
land at position 41[deg]18'20.21'' N, 072[deg]54'22.14'' W and then
west along the shoreline to a point on land at position
41[deg]18'21.08'' N, 072[deg]54'26.84'' W and then north along the
shoreline to a point on land at position 41[deg]18'30.12'' N,
072[deg]54'27.59'' W and then east across land back to point of origin.
Containment boom used in this emergency environmental response will
mark the bounds of this safety zone. The containment boom is anchored
onsite and marked with amber flashing lights for nighttime visibility.
No vessel may enter, transit, moor, or anchor within safety zone
during the period of enforcement unless authorized by the COTP or
designated representative.
The COTP will cause public notifications to be made by all
appropriate means including but not limited to Broadcast Notice to
Mariners.
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 rule is not a significant
regulatory action for the following reasons: The safety zone will be of
relatively short in duration and covers only a small portion of the
navigable waterways. Furthermore, vessels may transit the navigable
waterway outside of the safety zone. Moreover, vessels desiring entry
into the safety zone may be authorized to do so by the COTP or
designated representative. Advanced public notifications will also be
made to the local maritime community by 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 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: owners and operators of vessels intending to transit or
anchor in the Mill River in the vicinity of English Station. The
temporary safety zone will not have a significant economic impact on a
substantial number of small entities for all the reasons discussed in
the REGULATORY PLANNING AND REVIEW section above.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity
[[Page 62343]]
and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
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,
above.
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.
4. Collection of Information
This rule will 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
INTFORMATION 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 From Environmental Health Risks
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 the establishment of a safety zone.
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 will be available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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; and Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T01-0917 to read as follows:
Sec. 165.T01-0917 Safety Zone; English Station Emergency
Environmental Response, Mill River, New Haven, CT.
(a) Location. The following area is a safety zone: All waters from
surface to bottom within the Mill River, from the shoreline of the
English Station emergency response site. and extending towards the
water 5 feet past the containment boom surrounding the site. The
English Station emergency response site is bound inside of an area that
starts at a point on land at position 41[deg]18'30.46'' N,
072[deg]54'22.80'' W and then south along the shoreline to a point on
land at position 41[deg]18'20.21'' N, 072[deg]54'22.14'' W and then
west along the shoreline to a point on land at position
41[deg]18'21.08'' N, 072[deg]54'26.84''
[[Page 62344]]
W and then north along the shoreline to a point on land at position
41[deg]18'30.12'' N, 072[deg]54'27.59'' W and then east across land
back to point of origin (NAD). All positions are approximate.
(b) Effective and enforcement period. This rule will be effective
and enforced from 1:00 p.m. on October 3, 2014 to 11:59 p.m. on
November 30, 2014.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
COTP, Sector Long Island Sound, to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP Sector Long Island Sound. In addition, members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation. The containment boom used in this emergency
environmental response and utilized as a landmark for this safety zone
is composed of harbor boom sections surrounding the English Station
starting near the northeastern corner of the site, extending south
towards the southeastern corner, and then extending west towards the
southwestern corner and then extending north towards the northwestern
corner and ending there. The containment boom is anchored onsite and
marked with amber flashing lights for nighttime visibility. Vessels not
engaged in the English Station Emergency Environmental Response are to
stay at least 5 feet away from the containment boom.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in 33 CFR 165.23,
entry into or movement within this zone is prohibited unless authorized
by the Captain of the Port, Southeastern Long Island Sound.
(3) Operators of vessels desiring to enter or operate within the
safety zone should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative
via VHF channel 16 to obtain permission to do so.
(4) Any Vessel given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Sector
Long Island Sound or the designated on-scene representative.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Dated: October 3, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-24768 Filed 10-16-14; 8:45 am]
BILLING CODE 9110-04-P
