Safety Zone; United Illuminating Company Housatonic River Crossing Project; Housatonic River, Milford and Stratford, CT, 89862-89865 [2016-29909]

Download as PDF 89862 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 pmangrum on DSK3GDR082PROD with RULES [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: VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 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 http://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: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 http:// www.regulations.gov, type USCG–2016– 0825 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. SUMMARY: E:\FR\FM\13DER1.SGM 13DER1 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 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 pmangrum on DSK3GDR082PROD with RULES 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 VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 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. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 89863 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. E:\FR\FM\13DER1.SGM 13DER1 89864 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 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. pmangrum on DSK3GDR082PROD with RULES 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, VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 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. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13DER1.SGM 13DER1 pmangrum on DSK3GDR082PROD with RULES Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 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 VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 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 http:// 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 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 http://www.regulations.gov, type USCG-
2016-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[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