Safety Zone; Housatonic River, Milford and Stratford, CT, 18946-18948 [2018-09186]
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18946
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
(4) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the safety zone
unless authorized by an official patrol
vessel.
(5) The Patrol Commander may
control the movement of all vessels in
the safety zone. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the lawful directions issued.
Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(6) The Patrol Commander may delay
or terminate the Volvo Ocean Race at
any time to ensure safety. Such action
may be justified as a result of weather,
traffic density, spectator actions, or
participant behavior.
Dated: April 16, 2018.
R.J. Schultz,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
[FR Doc. 2018–09187 Filed 4–30–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0304]
RIN 1625–AA00
Safety Zone; Housatonic River, Milford
and Stratford, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Housatonic River.
This action is necessary to provide for
the safety of life on these navigable
waters near Milford and Stratford, CT,
during a wire replacement project on
the Devon Railroad Bridge. Entry of
vessels or people into the safety zone is
prohibited unless authorized by the
Captain of the Port Long Island Sound
or a designated representative. The
safety zone will only be enforced during
wire replacement operations or other
instances which may create a hazard to
navigation.
DATES: This rule is effective without
actual notice from May 1, 2018 through
May 15, 2018. For the purposes of
enforcement, actual notice will be used
from April 5, 2018 through May 1, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
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SUMMARY:
VerDate Sep<11>2014
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available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0304 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
Chief Petty Officer Katherine Linnick,
Prevention Department, U.S. Coast
Guard Sector Long Island Sound,
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
II. Background Information and
Regulatory History
On March 19, 2018, Sector Long
Island Sound was made aware of an
emergency wire replacement project for
the Devon Railroad Bridge over the
Housatonic River near Stratford and
Milford, CT. The Captain of the Port
(COTP) Long Island Sound has
determined that the potential hazards
associated with the wire replacement
project could be a safety concern for
anyone within the safety zone.
The project runs from April 5, 2018
through May 15, 2018. During this
project, CIANBRO Construction work
boats will be in place to remove frayed
guy wires currently spanning between
two high towers above the Devon
Railroad Bridge. Once the frayed guy
wires are removed, CIANBRO
Construction work boats will stretch
new replacement guy wires across the
navigable channel and will hoist the
wires to the top of the high towers via
a pull rope attached to a work boat,
starting on the west side of the river,
then finishing on the east side of the
river. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP Long Island Sound or a
designated representative. The safety
zone will be enforced only when wires,
cables, and rigging equipment are
stretched across the navigable channel
at low elevations during the wire
replacement project or when other
hazards to navigation arise. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 twenty-four (24) hours in advance to
any period of enforcement or as soon as
practicable in response to an emergency.
If the project is completed prior to May
15, 2018, enforcement of the safety zone
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will be suspended and notice given via
Broadcast Notice to Mariners.
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 wire replacement project 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 Long
Island Sound has determined that
potential hazards associated with the
wire replacement project, which runs
from April 5, 2018 through May 15,
2018, will be a safety concern for
anyone on the navigable waters within
100 yards of the wire replacement
project. This rule is needed to protect
people, vessels, and the marine
environment within the safety zone
until the wire replacement project is
completed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6:00 a.m. on April 5, 2018 through
6:00 p.m. on May 15, 2018. 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′14.5″ N,
073°06′40.8″ W south of 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′17.7″ N, 073°06′29.1″
W south of the Governor John Davis
Lodge Turnpike (I–95) Bridge; then
northwest along the shoreline to a point
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
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 safety zone is
intended to ensure the safety of vessels
on the navigable waters within this zone
before, during, and after each wire and
cable suspension operation, or during
any instance that necessitates a
temporary closure of the Housatonic
River at the project site. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP Long Island
Sound 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
channel 16 twenty-four (24) hours in
advance of any scheduled enforcement
period. The regulatory text we are
enforcing appears at the end of this
document.
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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, duration,
and enforcement of the safety zone. The
safety zone will impact only a small
designated portion on the Housatonic
River for 41 days. Although vessels will
not be able to transit around this safety
zone, this waterway is typically
transited by small recreational craft on
an infrequent basis prior to Memorial
Day Weekend. Additionally, the safety
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zone will only be enforced when the
wire replacement project necessitates
closure of the waterway or during an
emergency. The Coast Guard will issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone and any periods of enforcement.
Moreover, 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 safety
zone 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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18947
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
creates a safety zone lasting 41 days.
During those 41 days, the safety zone
will be enforced only when the wire
replacement project necessitates closure
of the waterway or during an
emergency. It is categorically excluded
from further review under paragraph
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination will be available in the
docket where indicated under
ADDRESSES.
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
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.T01–0304 to read as
follows:
■
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§ 165.T01–0304 Safety Zone; 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′14.5″ N,
073°06′40.8″ W south of 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′17.7″ N, 073°06′29.1″
W south of 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 is effective from 6:00 a.m. on
April 5, 2018 to 6:00 p.m. on May 15,
2018. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 twenty-four (24)
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hours prior 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:
(1) A ‘‘designated representative’’ is
any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard
who has been designated by the Captain
of the Port Long Island Sound (COTP),
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.
(2) An ‘‘Official patrol vessel’’ may be
any Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(d) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter or remain
in the safety zone described in
paragraph (a) of this section unless
authorized by the COTP or one of the
COTP’s designated representatives.
(2) Any vessel that is granted
permission by the COTP or a designated
representative must proceed through the
area with caution and operate at a speed
no faster than necessary to maintain a
safe course, unless otherwise required
by the Navigation Rules.
(3) Any person or vessel permitted to
enter the safety zone shall comply with
the directions and orders of the COTP
or a designated representative. Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or
other means, the operator of a vessel
within the zone shall proceed as
directed. Any person or vessel within
the safety zone shall exit the zone when
directed by the COTP or a designated
representative.
(4) To seek permission to enter or
remain in the safety zone, individuals
may reach the COTP or a designated
representative via Channel 16 (VHF–
FM) or at 203–468–4401 (Sector Long
Island Sound command center).
Dated: April 4, 2018.
K.B. Reed,
Commander, U.S. Coast Guard, Acting
Captain of the Port Long Island Sound.
[FR Doc. 2018–09186 Filed 4–30–18; 8:45 am]
BILLING CODE 9110–04–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 10–90; FCC 18–37]
Connect America Fund
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) for the period beginning
January 1, 2017, increases the amount of
operating costs that carriers that
predominantly serve Tribal lands can
recover from the universal service fund
(USF) in recognition that they are likely
to have higher costs than carriers not
serving Tribal lands. This action will
provide additional funding to these
carriers to provide both voice and
broadband services to their customers.
DATES: Effective May 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Suzanne Yelen, Wireline Competition
Bureau, (202) 418–7400 or TTY: (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in WC Docket Nos. 10–90;
FCC 18–37, adopted on March 27, 2018
and released on April 5, 2018. The full
text of this document is available for
public inspection during regular
business hours in the FCC Reference
Center, Room CY–A257, 445 12th Street
SW, Washington, DC 20554 or at the
following internet address: https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2018/db0405/FCC-1837A1.pdf.
SUMMARY:
Synopsis
I. Introduction
1. In this Report and Order (Order),
for the period beginning January 1,
2017, the Commission increases the
amount of operating costs that carriers
that predominantly serve Tribal lands
can recover from the universal service
fund (USF) in recognition that they are
likely to have higher costs than carriers
not serving Tribal lands. This action
will provide additional funding to these
carriers to provide both voice and
broadband services to their customers.
2. In March 2016, the Commission
adopted the Rate-of-Return Reform
Order and FNPRM establishing a new
mechanism for the distribution of
Connect America Fund support in rateof-return areas. In the March 2016 Rateof-Return Reform Order and Further
Notice of Proposed Rulemaking
(FNPRM), 81 FR 24282, April 25, 2016
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]]>Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18946-18948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09186]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0304]
RIN 1625-AA00
Safety Zone; Housatonic River, Milford and Stratford, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Housatonic River. This action is necessary to
provide for the safety of life on these navigable waters near Milford
and Stratford, CT, during a wire replacement project on the Devon
Railroad Bridge. Entry of vessels or people into the safety zone is
prohibited unless authorized by the Captain of the Port Long Island
Sound or a designated representative. The safety zone will only be
enforced during wire replacement operations or other instances which
may create a hazard to navigation.
DATES: This rule is effective without actual notice from May 1, 2018
through May 15, 2018. For the purposes of enforcement, actual notice
will be used from April 5, 2018 through May 1, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0304 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 Chief Petty Officer Katherine Linnick, Prevention Department,
U.S. Coast Guard Sector Long Island Sound, telephone (203) 468-4565,
email [email protected].
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 March 19, 2018, Sector Long Island Sound was made aware of an
emergency wire replacement project for the Devon Railroad Bridge over
the Housatonic River near Stratford and Milford, CT. The Captain of the
Port (COTP) Long Island Sound has determined that the potential hazards
associated with the wire replacement project could be a safety concern
for anyone within the safety zone.
The project runs from April 5, 2018 through May 15, 2018. During
this project, CIANBRO Construction work boats will be in place to
remove frayed guy wires currently spanning between two high towers
above the Devon Railroad Bridge. Once the frayed guy wires are removed,
CIANBRO Construction work boats will stretch new replacement guy wires
across the navigable channel and will hoist the wires to the top of the
high towers via a pull rope attached to a work boat, starting on the
west side of the river, then finishing on the east side of the river.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP Long Island Sound or a designated
representative. The safety zone will be enforced only when wires,
cables, and rigging equipment are stretched across the navigable
channel at low elevations during the wire replacement project or when
other hazards to navigation arise. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 twenty-four
(24) hours in advance to any period of enforcement or as soon as
practicable in response to an emergency. If the project is completed
prior to May 15, 2018, enforcement of the safety zone will be suspended
and notice given via Broadcast Notice to Mariners.
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 wire replacement project 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
Long Island Sound has determined that potential hazards associated with
the wire replacement project, which runs from April 5, 2018 through May
15, 2018, will be a safety concern for anyone on the navigable waters
within 100 yards of the wire replacement project. This rule is needed
to protect people, vessels, and the marine environment within the
safety zone until the wire replacement project is completed.
IV. Discussion of the Rule
This rule establishes a safety zone from 6:00 a.m. on April 5, 2018
through 6:00 p.m. on May 15, 2018. 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]12'14.5'' N, 073[deg]06'40.8'' W south of 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]12'17.7''
N, 073[deg]06'29.1'' W south of the Governor John Davis Lodge Turnpike
(I-95) Bridge; then northwest along the shoreline to a point
[[Page 18947]]
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 safety zone is intended to ensure the safety of
vessels on the navigable waters within this zone before, during, and
after each wire and cable suspension operation, or during any instance
that necessitates a temporary closure of the Housatonic River at the
project site. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP Long Island Sound 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 channel 16
twenty-four (24) 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, duration, and enforcement of the safety zone. The safety zone
will impact only a small designated portion on the Housatonic River for
41 days. Although vessels will not be able to transit around this
safety zone, this waterway is typically transited by small recreational
craft on an infrequent basis prior to Memorial Day Weekend.
Additionally, the safety zone will only be enforced when the wire
replacement project necessitates closure of the waterway or during an
emergency. The Coast Guard will issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone and any periods of
enforcement. Moreover, 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
safety zone 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 creates a safety zone lasting 41 days.
During those 41 days, the safety zone will be enforced only when the
wire replacement project necessitates closure of the waterway or during
an emergency. It is categorically excluded from further review under
paragraph
[[Page 18948]]
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Record of Environmental Consideration supporting this
determination will be available in the docket where indicated under
ADDRESSES.
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; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0304 to read as follows:
Sec. 165.T01-0304 Safety Zone; 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]12'14.5'' N, 073[deg]06'40.8'' W south of 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]12'17.7'' N,
073[deg]06'29.1'' W south of 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 is effective from
6:00 a.m. on April 5, 2018 to 6:00 p.m. on May 15, 2018. The Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 twenty-four (24) hours prior 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:
(1) A ``designated representative'' is any Coast Guard
commissioned, warrant or petty officer of the U.S. Coast Guard who has
been designated by the Captain of the Port Long Island Sound (COTP), 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.
(2) An ``Official patrol vessel'' may be any Coast Guard, Coast
Guard Auxiliary, state, or local law enforcement vessels assigned or
approved by the COTP Long Island Sound. In addition, members of the
Coast Guard Auxiliary may be present to inform vessel operators of this
regulation.
(d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter or remain in the safety zone
described in paragraph (a) of this section unless authorized by the
COTP or one of the COTP's designated representatives.
(2) Any vessel that is granted permission by the COTP or a
designated representative must proceed through the area with caution
and operate at a speed no faster than necessary to maintain a safe
course, unless otherwise required by the Navigation Rules.
(3) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or a designated
representative. Upon being hailed by a U.S. Coast Guard vessel by
siren, radio, flashing lights, or other means, the operator of a vessel
within the zone shall proceed as directed. Any person or vessel within
the safety zone shall exit the zone when directed by the COTP or a
designated representative.
(4) To seek permission to enter or remain in the safety zone,
individuals may reach the COTP or a designated representative via
Channel 16 (VHF-FM) or at 203-468-4401 (Sector Long Island Sound
command center).
Dated: April 4, 2018.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island
Sound.
[FR Doc. 2018-09186 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-04-P
