Safety Zone; United Illuminating Company, Housatonic River Crossing Project; Milford and Stratford, CT, 29743-29746 [2017-13330]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. 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
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone of limited size and duration. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration for categorically excluded
actions is 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.
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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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17:26 Jun 29, 2017
Jkt 241001
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–857 to read as
follows:
■
§ 165.T11–857 Safety Zone; Vengeance
Sunken Barge, San Francisco, CA.
(a) Location. This temporary safety
zone is established in the navigable
waters of San Francisco Bay, east of
Yerba Buena Island and north of
Oakland Outer Harbor Entrance Channel
within the following points: 37°48.549′
N. 122°20.891′ W., 37°48.498′ N.
122°21.134′ W., 37°48.346′ N.
122°21.068′ W., and 37°48.461′ N.
122°20.782′ W. (NAD 83).
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from June 1,
2017 through July 31, 2017 or as
announced via Broadcast Notice to
Mariner. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of any changes to
this enforcement period via Broadcast
Notice to Mariners in accordance with
33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or a
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
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29743
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone through the 24-hour Command
Center at telephone (415) 399–3547 or
on VHF channel 16.
Dated: June 1, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2017–13648 Filed 6–29–17; 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; Milford and Stratford, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is amending
a temporary safety zone on the
Housatonic River near Milford and
Stratford, CT. Amending the safety zone
is necessary 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. The safety
zone will only be enforced during cable
pulling operations or other instances
which may create a hazard to
navigation.
SUMMARY:
This rule is effective without
actual notice from June 30, 2017
through August 31, 2017. For the
purposes of enforcement, actual notice
will be used from June 12, 2017 through
June 30, 2017.
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Katherine Linnick,
Prevention Department, U.S. Coast
Guard Sector Long Island Sound,
DATES:
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telephone (203) 468–4565, email
Katherine.E.Linnick@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
TFR Temporary final rule
II. Background Information and
Regulatory History
This rulemaking amends a temporary
safety zone for certain waters of the
Housatonic River near Milford and
Stratford, CT. Corresponding regulatory
history is discussed below.
On August 25, 2016, United
Illuminating Company notified the
Coast Guard that it would conduct a
project involving the installation of new
transmission conductors over the
Housatonic River near Stratford and
Milford, CT. On March 14, 2017, the
Coast Guard published a NPRM entitled,
‘‘Safety Zone; United Illuminating
Company Housatonic River Crossing
Project; Housatonic River; Milford and
Stratford, CT’’ in the Federal Register
(80 FR 13572). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this transmission
project. During the comment period that
ended April 13, 2017, we received zero
comments.
On May 22, 2017, the Coast Guard
published a TFR entitled, ‘‘Safety Zone;
United Illuminating Company
Housatonic River Crossing Project;
Housatonic River; Milford and Stratford,
CT’’ in the Federal Register (82 FR
23144). This project was schedule to be
completed in two phases. The first
phase involving the stringing of optical
fiber ground wires on the North circuit
of the project was scheduled to begin on
April, 26, 2017 through May 4, 2017.
The second phase involves the stringing
of optical fiber ground wires on the
South circuit from July 29, 2017 through
August 3, 2017.
On May 10, 2017, United Illuminating
Company notified the Coast Guard that
due to foul weather it was behind
schedule and was unable to complete
phase one as described in the abovementioned TFR. The project is now
scheduled to begin on June 12, 2017 and
be completed by August 31, 2017. Due
to fluctuations in the project’s schedule,
the safety zone is being amended to
permit enforcement of the safety zone
during re-scheduled cable installation
operations or other instances which may
cause a hazard to navigation. The COTP
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Long Island Sound (LIS) has determined
that the potential hazards associated
with the cable installation project could
be a safety concern for anyone within
the work area. 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 Coast Guard is amending
§ 165.T01–0825 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 after
weather delays did not give the Coast
Guard enough time to publish an
NPRM, take public comments regarding
the amendments to § 165.T01–0825, and
issue a new final rule before the
rescheduled cable crossing operation is
set to begin. It would be impracticable
and contrary to the public interest to
delay promulgating the amendments to
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 LIS has
determined that potential hazards
associated with the river cable crossing
project starting on June 12, 2017 and
continuing through August 31, 2017
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 amends the temporary safety
zone in § 165.T01–0825. 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;
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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. The
safety zone will only be enforced during
cable installation operations or other
instances, when they cause a hazard to
navigation. During enforcement periods,
no vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
The Coast Guard will notify the
public and local mariners of this safety
zone through appropriate means, which
may include, but are not limited to,
publication in the Federal Register, the
Local Notice to Mariners, and Broadcast
Notice to Mariners via VHF–FM marine
channel16 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 rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, and
duration of the safety zone which will
affect a small, designated area of the
Housatonic River for less than one hour
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at a time. It also may be enforced
temporarily during the cable installation
project if necessitated by an emergency.
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.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit this
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).
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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 cable installation. It also may be
enforced temporarily during the cable
installation project if necessitated by an
emergency, such as equipment falling
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29745
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 Record of Environmental
Consideration (REC) is 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 recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 165.T01–0825 to read as
follows:
■
§ 165.T01–0825 Safety Zone; United
Illuminating Company; Housatonic River
Crossing Project; 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.
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(b) Effective and enforcement period.
This rule will be effective from 8:00 a.m.
on June 12, 2017 to 6:00 p.m. on August
31, 2017, 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
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 § 165.23 apply.
(2) In accordance with the general
regulations in § 165.23, entry into or
movement within this zone is
prohibited unless authorized by the
COTP Long Island Sound.
(3) Operators of vessels desiring to
enter or operate within the safety zone
should contact the COTP Long Island
Sound at 203–468–4401 (Sector Long
Island Sound Command Center) 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.
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(5) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP 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: June 8, 2017.
A.E. Tucci,
Captain, U. S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. 2017–13330 Filed 6–29–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0608]
Safety Zone; Fourth of July Fireworks
Display, Tahoe City, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Fourth of July
Fireworks Display, Tahoe City, CA in
the Captain of the Port, San Francisco
area of responsibility during the dates
and times noted below. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM).
DATES: The regulations in 33 CFR
165.1191, Table 1, Item number 15, will
be enforced from 7 a.m. to 10:30 p.m. on
July 4, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Lieutenant Junior Grade
Christina Ramirez, Sector San Francisco
Waterways Safety Division, U.S. Coast
Guard; telephone 415–399–2001, email
D11-PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone in
navigable waters around and under the
fireworks barge within a radius of 100
feet during the loading, transit, and
arrival of the fireworks barge to the
display location and until the start of
the fireworks display. From 7 a.m. until
10 a.m. on July 4, 2017, the fireworks
SUMMARY:
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barge will be loading pyrotechnics at the
Kings Beach Boat Ramp, in Kings Beach,
CA. From approximately 10 a.m. to
noon on July 4, 2017, the loaded
fireworks barge will transit from the
Kings Beach Boat Ramp to the launch
site off of Commons Beach in Tahoe
City, CA in approximate position
39°10′03″ N., 120°08′09″ W. (NAD 83)
where it will remain until the
commencement of the fireworks
display. Upon the commencement of the
20 minute fireworks display, scheduled
to begin at approximately 9:30 p.m. on
July 4, 2017, the safety zone will
increase in size to encompass the
navigable waters around and under the
fireworks barge within a radius 1,000
feet in approximate position 39°10′03″
N., 120°08′09″ W. (NAD 83) for the
Fourth of July Fireworks, Tahoe City,
CA in 33 CFR 165.1191, Table 1, Item
number 15. This safety zone will be in
effect from 7 a.m. until 10:30 p.m. on
July 4, 2017. Under the provisions of 33
CFR 165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of the safety zone
and its enforcement period via the Local
Notice to Mariners. If the Captain of the
Port determines that the regulated area
need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
used to grant general permission to
enter the regulated area.
Dated: May 25, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2017–13838 Filed 6–29–17; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29743-29746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13330]
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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; Milford and Stratford, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is amending a temporary safety zone on the
Housatonic River near Milford and Stratford, CT. Amending the safety
zone is necessary 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. The safety zone will
only be enforced during cable pulling operations or other instances
which may create a hazard to navigation.
DATES: This rule is effective without actual notice from June 30, 2017
through August 31, 2017. For the purposes of enforcement, actual notice
will be used from June 12, 2017 through June 30, 2017.
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Katherine Linnick, Prevention Department, U.S.
Coast Guard Sector Long Island Sound,
[[Page 29744]]
telephone (203) 468-4565, email Katherine.E.Linnick@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
TFR Temporary final rule
II. Background Information and Regulatory History
This rulemaking amends a temporary safety zone for certain waters
of the Housatonic River near Milford and Stratford, CT. Corresponding
regulatory history is discussed below.
On August 25, 2016, United Illuminating Company notified the Coast
Guard that it would conduct a project involving the installation of new
transmission conductors over the Housatonic River near Stratford and
Milford, CT. On March 14, 2017, the Coast Guard published a NPRM
entitled, ``Safety Zone; United Illuminating Company Housatonic River
Crossing Project; Housatonic River; Milford and Stratford, CT'' in the
Federal Register (80 FR 13572). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
transmission project. During the comment period that ended April 13,
2017, we received zero comments.
On May 22, 2017, the Coast Guard published a TFR entitled, ``Safety
Zone; United Illuminating Company Housatonic River Crossing Project;
Housatonic River; Milford and Stratford, CT'' in the Federal Register
(82 FR 23144). This project was schedule to be completed in two phases.
The first phase involving the stringing of optical fiber ground wires
on the North circuit of the project was scheduled to begin on April,
26, 2017 through May 4, 2017. The second phase involves the stringing
of optical fiber ground wires on the South circuit from July 29, 2017
through August 3, 2017.
On May 10, 2017, United Illuminating Company notified the Coast
Guard that due to foul weather it was behind schedule and was unable to
complete phase one as described in the above-mentioned TFR. The project
is now scheduled to begin on June 12, 2017 and be completed by August
31, 2017. Due to fluctuations in the project's schedule, the safety
zone is being amended to permit enforcement of the safety zone during
re-scheduled cable installation operations or other instances which may
cause a hazard to navigation. The COTP Long Island Sound (LIS) has
determined that the potential hazards associated with the cable
installation project could be a safety concern for anyone within the
work area. 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 Coast Guard is amending Sec. 165.T01-0825 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 after weather delays
did not give the Coast Guard enough time to publish an NPRM, take
public comments regarding the amendments to Sec. 165.T01-0825, and
issue a new final rule before the rescheduled cable crossing operation
is set to begin. It would be impracticable and contrary to the public
interest to delay promulgating the amendments to 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
LIS has determined that potential hazards associated with the river
cable crossing project starting on June 12, 2017 and continuing through
August 31, 2017 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 amends the temporary safety zone in Sec. 165.T01-0825.
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. The safety zone will only be
enforced during cable installation operations or other instances, when
they cause a hazard to navigation. During enforcement periods, no
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners via VHF-FM marine channel16
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 rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone which will affect a small,
designated area of the Housatonic River for less than one hour
[[Page 29745]]
at a time. It also may be enforced temporarily during the cable
installation project if necessitated by an emergency. 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. 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 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 Record of Environmental Consideration (REC) is 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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.T01-0825 to read as follows:
Sec. 165.T01-0825 Safety Zone; United Illuminating Company;
Housatonic River Crossing Project; 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.
[[Page 29746]]
(b) Effective and enforcement period. This rule will be effective
from 8:00 a.m. on June 12, 2017 to 6:00 p.m. on August 31, 2017, 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 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 Sec.
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23,
entry into or movement within this zone is prohibited unless authorized
by the COTP Long Island Sound.
(3) Operators of vessels desiring to enter or operate within the
safety zone should contact the COTP Long Island Sound at 203-468-4401
(Sector Long Island Sound Command Center) 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 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: June 8, 2017.
A.E. Tucci,
Captain, U. S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2017-13330 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P
