Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River, Milford and Stratford, CT, 89862-89865 [2016-29909]
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Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations
upper lift deck which operate
independent of each other. To facilitate
this event, the upper deck and the lower
deck will remain in closed-to-navigation
position. When both decks are in the
closed-to-navigation position, the bridge
provides 26 feet of vertical clearance
above Columbia River Datum 0.0. The
deviation period is from 5 a.m. on
January 9, 2017 to 11:59 p.m. on January
18, 2017. The normal operating
schedule for the Steel Bridge is in
accordance with 33 CFR
117.897(c)(3)(ii).
Waterway usage on this part of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft. Vessels able to
pass through the bridge in the closed-tonavigation position may do so at any
time. The bridge will not be able to open
for emergencies, and there is no
immediate alternate route for vessels to
pass. UPRR has conducted a detailed
public outreach for this ten day closure
of both decks on the Steel Bridge to
Multnomah County, and mariners that
transit on the river. The Coast Guard has
not received any objections to this
temporary deviation from the operating
schedule. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: December 7, 2016.
Steven M Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–29775 Filed 12–12–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
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[Docket No. USCG–2016–1043]
Drawbridge Operation Regulation;
Columbia River, Kennewick, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
SUMMARY:
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schedule that governs the Burlington
Northern Santa Fe (BNSF) Railroad
Bridge (Kennewick-Pasco Railroad
Bridge) across the Columbia River, mile
328, at Kennewick, WA. This deviation
is necessary to accommodate
maintenance to replace a lift motor and
install span controls. This deviation
allows the bridge to remain in the
closed position during installation
activities.
This deviation is effective from
8 a.m. on January 9, 2017 to 8 p.m. on
January 20, 2017.
ADDRESSES: The docket for this
deviation, USCG–2016–1043 is available
at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: BNSF
requested that the Burlington Northern
Santa Fe (BNSF) Railroad Bridge
(Kennewick-Pasco Railroad Bridge)
across the Columbia River, mile 328,
remain closed to vessel traffic to replace
a lift motor and install span controls.
The Kennewick-Pasco Railroad Bridge
provides 18 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed position. The current
operations for the bridge is in 33 CFR
117.1035. This deviation allows the
span of this bridge to remain in the
closed-to-navigation position, and need
not open for maritime traffic from 8 a.m.
on January 9, 2017 to 8 p.m. on January
20, 2017. These dates coincide with the
U.S. Army Corps of Engineers schedule
closures of the Columbia River
navigation locks. The bridge shall
operate in accordance to 33 CFR
117.1035 at all other times. Waterway
usage on this part of the Columbia River
includes vessels ranging from
commercial tug and tow vessels to
recreational pleasure craft including
cabin cruisers and sailing vessels.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. During the first week of the
installation period, the span of the
bridge will not be able to open for
maritime emergencies; however, the
span may be opened during the second
week of installation work for maritime
emergencies, but any emergency
opening will necessitate a time
extension to the approved dates. No
DATES:
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immediate alternate route for vessels to
pass is available on this part of the river.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: December 7, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–29809 Filed 12–12–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0825]
RIN 1625–AA00
Safety Zone; United Illuminating
Company Housatonic River Crossing
Project; Housatonic River, Milford and
Stratford, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Housatonic River near Milford and
Stratford, CT. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards created by the United
Illuminating Company Housatonic River
Crossing Project. This regulation
prohibits entry of vessels or people into
the safety zone unless authorized by the
Captain of the Port Sector Long Island
Sound.
DATES: This rule is effective without
actual notice from December 13, 2016
through December 21, 2016. For the
purposes of enforcement, actual notice
will be used from November 29, 2016,
through December 13, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0825 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
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If
you have questions on this rule, contact
Petty Officer Jay TerVeen, Prevention
Department, U.S. Coast Guard Sector
Long Island Sound, telephone (203)
468–4446, email
Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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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 August 25, 2016, United
Illuminating Company notified the
Coast Guard that it will conduct a
project involving the installation of new
electrical transmission cables over the
Housatonic River near Stratford and
Milford, CT. The project is scheduled to
begin on November 29, 2016 and be
completed by December 21, 2016. The
work will require the installation of six
new transmission cables and two ‘‘static
wires.’’ A messenger line with a buoy
will be shot out into the river with a
propulsive devise, and then picked up
by a vessel, which will pull the
messenger line to the opposite side of
the river. The messenger line will be
routed up the tower, and used to pull
the cables across the river and onto the
towers. Given the six cables and two
static wires, there will be a total of eight
‘‘shots.’’ The work area is between the
eastern and western shores of the
Housatonic River. The southern
boundary of the work zone begins at the
Metro-North Rail Bridge and extends
north approximately 525 feet upstream.
The Captain of the Port (COTP) Long
Island Sound has determined that the
potential hazards associated with the
cable crossing project could be a safety
concern for anyone within the work
area.
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
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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 cable crossing operation is set to
begin. It would be impracticable and
contrary to the public interest to delay
promulgating this rule as it is necessary
to protect the safety of the public and
waterway users.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule
is 33 U.S.C. 1231. The COTP Sector LIS
has determined that potential hazards
associated with the river cable crossing
project starting on November 29, 2016
and continuing through December 21,
2016 will be a safety concern for anyone
within the work zone. This rule is
needed to protect people and vessels
within the safety zone while the cable
crossing project is completed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:00 a.m. on November 29, 2016 to
6:00 p.m. on December 21, 2016. 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°12′17″
N., 073°06′40″ W. near the Governor
John Davis Lodge Turnpike (I–95)
Bridge; then northeast across the
Housatonic River to a point on land in
position at 41°12′20″ N., 073°06′29″ W.
near the Governor John Davis Lodge
Turnpike (I–95) Bridge; then northwest
along the shoreline to a point on land
in position at 41°12′25″ N., 073°06′31″
W.; then southwest across the
Housatonic River to a point on land in
position at 41°12′22″ N., 073°06′43″ W.;
then southeast along the shoreline back
to point of origin (NAD 83). All
positions are approximate. The duration
of the zone is intended to ensure the
safety of people and vessels in these
navigable waters during any instance
that necessitates a temporary closure of
the Housatonic River at the work site.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. The safety
zone will only be enforced during cable
installation operations or other
instances, when they cause a hazard to
navigation.
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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 eight hours in advance of
any scheduled enforcement period. The
regulatory text we are enforcing appears
at the end of this document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
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 NPRM 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 time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will affect a small designated area of the
Housatonic River for less than one hour
at a time during the winter months
when vessel traffic is normally low. It
also may be enforced temporarily during
the cable installation project if
necessitated by an emergency.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and 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.
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605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit this
regulated area may be small entities, for
the reasons stated in section V.A above,
this rule will not have a significant
economic impact on any vessel owner
or operator. Under section 213(a) of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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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,
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or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This temporary rule
involves a safety zone enforced for less
than one hour at a time that would
prohibit entry within the work zone
during each cable installation. It also
may be enforced temporarily during the
cable installation project if necessitated
by an emergency, such as equipment
falling from the towers into the
Housatonic River. Normally such
actions are categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of Commandant Instruction
M16475.lD. A environmental analysis
checklist and Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
and Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T01–0825 to read as
follows:
■
§ 165.T01–0825 Safety Zone; United
Illuminating Company Housatonic River
Crossing Project; 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°12′17″ N,
073°06′40″ W near the Governor John
Davis Lodge Turnpike (I–95) Bridge;
then northeast across the Housatonic
River to a point on land in position at
41°12′20″ N, 073°06′29″ W near the
Governor John Davis Lodge Turnpike (I–
95) Bridge; then northwest along the
shoreline to a point on land in position
at 41°12′25″ N, 073°06′31″ W; then
southwest across the Housatonic River
to a point on land in position at
41°12′22″ N, 073°06′43″ W; then
southeast along the shoreline back to
point of origin (NAD 83). All positions
are approximate.
(b) Effective and Enforcement Period:
This rule will be effective from 8:00 a.m.
on November 29, 2016 to 6:00 p.m. on
December 21, 2016 but will only be
enforced during cable installation
operations or other instances which may
cause a hazard to navigation, when
deemed necessary by the Captain of the
Port (COTP), Sector Long Island Sound.
The Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 eight hours in advance to
any scheduled period of enforcement or
as soon as practicable in response to an
emergency.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the COTP, Sector
Long Island Sound, to act on his or her
behalf. The designated representative
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may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation. A ‘‘work vessel’’ is any
vessel provided by United Illuminating
Company for the Housatonic River
Crossing Project and may be hailed via
VHF channel 13 or 16.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or movement within this zone is
prohibited unless authorized by the
Captain of the Port Long Island Sound.
(3) Operators of vessels desiring to
enter or operate within the safety zone
should contact the COTP Sector Long
Island Sound at 203–468–4401 (Sector
LIS command center) and United
Illuminating Company at 203–627–5526
or at 860–904–8551, or the designated
representative via VHF channel 16 to
obtain permission to do so. Request to
enter or operate in the safety zone must
be made 24 hours in advanced of the
planned undertaking.
(4) Mariners are requested to proceed
with caution after passing arrangements
have been made. Mariners are requested
to cooperate with the United
Illuminating Company work vessels for
the safety of all concerned. The United
Illuminating Company work vessels will
be monitoring VHF channels 13 and 16.
Mariners are requested to proceed with
extreme caution and operate at their
slowest safe speed as to not cause a
wake.
(5) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(6) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
Dated: November 15, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Long Island Sound.
[FR Doc. 2016–29909 Filed 12–12–16; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0987]
RIN 1625–AA00
Safety Zone; James River, Newport
News, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the James River
within 1500-foot radius of the M/V SS
DEL MONTE, in the vicinity of the
James River Reserve Fleet, in support of
United States Navy explosive training
on the M/V SS DEL MONTE. This
action is necessary to provide for the
safety of life and property on the
surrounding navigable waters during the
United States Navy explosives training.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Hampton Roads.
DATES: This rule is effective without
actual notice from December 13, 2016
through 4 p.m. on December 16, 2016.
For the purposes of enforcement, actual
notice will be used from 8 a.m. on
December 12, 2016, through December
13, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0987 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, call or
email LCDR Barbara Wilk, Sector
Hampton Roads Waterways
Management, U.S. Coast Guard;
telephone 757–668–5580, email
Hamptonroadswaterway@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
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89865
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 a
notice of proposed rulemaking (NPRM)
with respect to this rule because
information about the training starting
at 8 a.m. on December 12, 2016, through
4 p.m. on December 16, 2016, was not
received by the Coast Guard until
October 25, 2016. Failure to conduct
this required training at this time will
result in a lapse in personnel
qualification standards and,
consequently, the inability of Navy
personnel to carry out important
national security functions. Due to the
timing of the notification it would be
impracticable for the Coast Guard to
publish an NPRM because there is
insufficient time to allow for an
opportunity for public comment on the
proposed rule. Publishing an NPRM
would be contrary to the public interest
since immediate action is necessary to
protect the public safety by ensuring the
standards of training are met. The
potential hazards to mariners within the
safety zone include shock waves, flying
shrapnel, and loud noises. We are
issuing this rule, and under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making it effective
less than 30 days after publication in the
Federal Register. As noted above,
failure to conduct this required training
at this time will result in a lapse in
personnel qualification standards and,
consequently, the inability of Navy
personnel to carry out important
national security functions. Due to the
need for immediate action, the
restriction on vessel traffic is necessary
to protect life, property and the
environment. Delaying the effective date
would be contrary to the safety zone’s
intended objectives of protecting
persons and vessels, and enhancing
public and maritime safety.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Hampton Roads
(COTP) has determined that potential
hazards associated with the military
training starting at 8 a.m. on December
12, 2016, through 4 p.m. on December
16, 2016, will be a safety concern for
anyone within a 1500-foot radius of the
M/V SS DEL MONTE. This rule is
needed to protect the participants,
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89862-89865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29909]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0825]
RIN 1625-AA00
Safety Zone; United Illuminating Company Housatonic River
Crossing Project; Housatonic River, Milford and Stratford, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Housatonic River near Milford and Stratford, CT. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the United Illuminating Company Housatonic
River Crossing Project. This regulation prohibits entry of vessels or
people into the safety zone unless authorized by the Captain of the
Port Sector Long Island Sound.
DATES: This rule is effective without actual notice from December 13,
2016 through December 21, 2016. For the purposes of enforcement, actual
notice will be used from November 29, 2016, through December 13, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
[[Page 89863]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast
Guard Sector Long Island Sound, telephone (203) 468-4446, email
Jay.C.TerVeen@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 August 25, 2016, United Illuminating Company notified the Coast
Guard that it will conduct a project involving the installation of new
electrical transmission cables over the Housatonic River near Stratford
and Milford, CT. The project is scheduled to begin on November 29, 2016
and be completed by December 21, 2016. The work will require the
installation of six new transmission cables and two ``static wires.'' A
messenger line with a buoy will be shot out into the river with a
propulsive devise, and then picked up by a vessel, which will pull the
messenger line to the opposite side of the river. The messenger line
will be routed up the tower, and used to pull the cables across the
river and onto the towers. Given the six cables and two static wires,
there will be a total of eight ``shots.'' The work area is between the
eastern and western shores of the Housatonic River. The southern
boundary of the work zone begins at the Metro-North Rail Bridge and
extends north approximately 525 feet upstream. The Captain of the Port
(COTP) Long Island Sound has determined that the potential hazards
associated with the cable crossing project could be a safety concern
for anyone within the work area.
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 cable crossing operation is set to begin.
It would be impracticable and contrary to the public interest to delay
promulgating this rule as it is necessary to protect the safety of the
public and waterway users.
Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule is 33 U.S.C. 1231. The COTP
Sector LIS has determined that potential hazards associated with the
river cable crossing project starting on November 29, 2016 and
continuing through December 21, 2016 will be a safety concern for
anyone within the work zone. This rule is needed to protect people and
vessels within the safety zone while the cable crossing project is
completed.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:00 a.m. on November 29,
2016 to 6:00 p.m. on December 21, 2016. The safety zone will cover all
navigable waters of the Housatonic River near Milford and Stratford, CT
contained within the following area: Beginning at a point on land in
position at 41[deg]12'17'' N., 073[deg]06'40'' W. near the Governor
John Davis Lodge Turnpike (I-95) Bridge; then northeast across the
Housatonic River to a point on land in position at 41[deg]12'20'' N.,
073[deg]06'29'' W. near the Governor John Davis Lodge Turnpike (I-95)
Bridge; then northwest along the shoreline to a point on land in
position at 41[deg]12'25'' N., 073[deg]06'31'' W.; then southwest
across the Housatonic River to a point on land in position at
41[deg]12'22'' N., 073[deg]06'43'' W.; then southeast along the
shoreline back to point of origin (NAD 83). All positions are
approximate. The duration of the zone is intended to ensure the safety
of people and vessels in these navigable waters during any instance
that necessitates a temporary closure of the Housatonic River at the
work site. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The safety zone will only be enforced during cable
installation operations or other instances, when they cause a hazard to
navigation.
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
eight hours in advance of any scheduled enforcement period. The
regulatory text we are enforcing appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
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 NPRM 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 time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
affect a small designated area of the Housatonic River for less than
one hour at a time during the winter months when vessel traffic is
normally low. It also may be enforced temporarily during the cable
installation project if necessitated by an emergency. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and 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.
[[Page 89864]]
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit this
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
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 involves a safety zone enforced for
less than one hour at a time that would prohibit entry within the work
zone during each cable installation. It also may be enforced
temporarily during the cable installation project if necessitated by an
emergency, such as equipment falling from the towers into the
Housatonic River. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. A environmental analysis checklist and
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T01-0825 to read as follows:
Sec. 165.T01-0825 Safety Zone; United Illuminating Company Housatonic
River Crossing Project; Housatonic River; Milford and Stratford, CT.
(a) Location: The following area is 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]12'17'' N, 073[deg]06'40'' W near the Governor John Davis Lodge
Turnpike (I-95) Bridge; then northeast across the Housatonic River to a
point on land in position at 41[deg]12'20'' N, 073[deg]06'29'' W near
the Governor John Davis Lodge Turnpike (I-95) Bridge; then northwest
along the shoreline to a point on land in position at 41[deg]12'25'' N,
073[deg]06'31'' W; then southwest across the Housatonic River to a
point on land in position at 41[deg]12'22'' N, 073[deg]06'43'' W; then
southeast along the shoreline back to point of origin (NAD 83). All
positions are approximate.
(b) Effective and Enforcement Period: This rule will be effective
from 8:00 a.m. on November 29, 2016 to 6:00 p.m. on December 21, 2016
but will only be enforced during cable installation operations or other
instances which may cause a hazard to navigation, when deemed necessary
by the Captain of the Port (COTP), Sector Long Island Sound. The Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 eight hours in advance to any scheduled period of
enforcement or as soon as practicable in response to an emergency.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
COTP, Sector Long Island Sound, to act on his or her behalf. The
designated representative
[[Page 89865]]
may be on an official patrol vessel or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. ``Official
patrol vessels'' may consist of any Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels assigned or approved by the
COTP Sector Long Island Sound. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
A ``work vessel'' is any vessel provided by United Illuminating Company
for the Housatonic River Crossing Project and may be hailed via VHF
channel 13 or 16.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in 33 CFR 165.23,
entry into or movement within this zone is prohibited unless authorized
by the Captain of the Port Long Island Sound.
(3) Operators of vessels desiring to enter or operate within the
safety zone should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) and United Illuminating Company at
203-627-5526 or at 860-904-8551, or the designated representative via
VHF channel 16 to obtain permission to do so. Request to enter or
operate in the safety zone must be made 24 hours in advanced of the
planned undertaking.
(4) Mariners are requested to proceed with caution after passing
arrangements have been made. Mariners are requested to cooperate with
the United Illuminating Company work vessels for the safety of all
concerned. The United Illuminating Company work vessels will be
monitoring VHF channels 13 and 16. Mariners are requested to proceed
with extreme caution and operate at their slowest safe speed as to not
cause a wake.
(5) Any vessel given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Sector
Long Island Sound, or the designated on-scene representative.
(6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Dated: November 15, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long
Island Sound.
[FR Doc. 2016-29909 Filed 12-12-16; 8:45 am]
BILLING CODE 9110-04-P
