[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67563-67566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27488]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0343]
RIN 1625-AA11


Regulated Navigation Area--New Haven Harbor, Quinnipiac River, 
Mill River, New Haven, CT; Pearl Harbor Memorial Bridge (Interstate 95) 
Construction

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the existing regulated navigation 
area in the navigable waters of New Haven Harbor, Quinnipiac River and 
Mill River. The current RNA pertains only to the operation of tugs and 
barges. The changes allow periodic, temporary closure of the area which 
will be needed during construction of the new Pearl Harbor Memorial 
Bridge, and which could be needed at other times as well. This revision 
allows the Coast Guard to suspend all vessel traffic through the RNA 
during periods of temporary closure. This rule is necessary to provide 
for the safety of life in the regulated area.

[[Page 67564]]


DATES: This rule is effective December 13, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0343]. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Joseph Graun, Prevention Department, U.S. 
Coast Guard Sector Long Island Sound, (203) 468-4544, 
[email protected]; or Lieutenant Isaac M. Slavitt, Waterways 
Management Division, U.S. Coast Guard First District, (617) 223-8385, 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On August 8, 2012 we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area--New Haven Harbor, Quinnipiac 
River, Mill River, New Haven, CT; Pearl Harbor Memorial Bridge 
(Interstate 95) Construction, in the Federal Register (77 FR 47331).
    One comment was received and no requests for a public meeting were 
received.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the 
authority to establish RNAs in defined water areas that are hazardous 
or in which hazardous conditions are determined to exist. See 33 U.S.C. 
1231 and Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rulemaking is to provide for safety on the 
navigable waters in the regulated area, and to update some of the 
terminology used in describing the boundaries of the RNA. This rule 
gives the Captain of the Port Sector Long Island Sound (COTP) the 
authority to temporarily close the RNA to vessel traffic in any 
circumstance, whether currently planned or unforeseen, that the COTP 
determines creates an imminent hazard to waterway users in the RNA. 
Temporary closures are currently foreseeable in connection with the 
reconstruction of the Pearl Harbor Memorial Bridge (sometimes referred 
to as the I-95 Bridge, Quinnipiac Bridge, or ``Q'' Bridge), which has 
begun and is scheduled for completion in 2015. Terminology updates 
reflect the current names of local landmarks to make them more easily 
identifiable for mariners, but do not change the location or dimensions 
of the RNA.

C. Discussion of Comments, Changes and the Final Rule

    We received one comment from the National Oceanic and Atmospheric 
Administration. Their comment stated the Latitude and Longitudes are 
written in North American datum (NAD) 1927 format. They requested we 
reference the format in the text or convert the coordinates to NAD 1983 
format. In response to the comment we converted the coordinates to NAD 
1983 format and referenced the format. The converted coordinates and 
format reference can be found in the regulatory text. Otherwise, the 
final rule is unchanged from what we proposed in the NPRM.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking will not be a 
significant regulatory action for the following reasons: vessel traffic 
will only be restricted from the RNA for limited durations and the RNA 
covers only a small portion of the navigable waterways. Furthermore, 
entry into this RNA during a closure may be authorized by the COTP 
Sector Long Island Sound or designated representative.
    Advanced public notifications will be made to local mariners 
through appropriate means, which may include but are not limited to the 
Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit, anchor or moor within the regulated areas during a vessel 
restriction period.
    The RNA will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the RNA 
will be of limited size and any waterway closures will be of short 
duration, and entry into this RNA during a closure is possible if the 
vessel has Coast Guard authorization. Additionally, before the 
effective period of a waterway closure, notifications will be made to 
local mariners through appropriate means which may include but are not 
limited to the Local Notice to Mariners and Broadcast Notice to 
Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this preamble.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 67565]]

the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

4. Collection of Information

    This rule does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
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.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves restricting vessel movement within a 
regulated navigation area. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. In Sec.  165.150 revise paragraphs (a) and (b)(8), and add new 
paragraph (b)(9) to read as follows:


Sec.  165.150  New Haven Harbor, Quinnipiac River, Mill River.

    (a) Boundaries. The following is a regulated navigation area: The 
waters surrounding the Tomlinson Bridge and Pearl Harbor Memorial 
Bridge (I-95 Bridge) located within a line extending from a point A at 
41[deg]17'50.35'' N, 072[deg]54'34.37'' W (the southeast corner of the 
Magellan Pink Tanks Terminal dock) thence along a line 126[deg]T to 
point B at 41[deg]17'42.35'' N, 072[deg]54'19.37'' W (the southwest 
corner of the Gulf facility) thence north along the shoreline to point 
C at 41[deg]17'57.35'' N, 072[deg]54'04.37'' W (the northwest corner of 
the R & H Terminal dock) thence along a line 303[deg]T to point D at 
41[deg]18'05.35'' N, 072[deg]54'21.37'' W (the west bank of the mouth 
of the Mill River) thence south along the shoreline to point of origin. 
All coordinates are North American Datum 1983.
    (b) * * *
    (8) The Captain of the Port Sector Long Island Sound (COTP) may 
issue an authorization to deviate from any regulation in paragraph (b) 
of this section if the COTP determines that an alternate operation can 
be done safely.
    (9) The COTP may temporarily close the RNA for any situation the 
COTP determines would create an imminent hazard to waterway users in 
the RNA. Entry into the RNA during temporary closure is prohibited 
unless authorized by the COTP or the COTP's designated representative. 
The COTP or designated representative may order the removal of any 
vessel or equipment within the RNA. To assure wide advance notice of 
each closure among affected mariners, the COTP may use means including, 
but not limited to, Broadcast Notice to Mariners and Local Notice to 
Mariners. The COTP will announce the dates and

[[Page 67566]]

times of the closure and whether exceptions will be authorized for 
emergency or other specific vessel traffic.

    Dated: October 24, 2012.
J.B. McPherson,
Captain, U.S. Coast Guard Acting Commander, First Coast Guard District.
[FR Doc. 2012-27488 Filed 11-9-12; 8:45 am]
BILLING CODE 9110-04-P