[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62341-62344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24768]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0917]
RIN 1625-AA00


Safety Zone; English Station Emergency Environmental Response; 
Mill River; New Haven, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Mill River, in New Haven, CT for the English 
Station Emergency Environmental Response. This action is necessary to 
provide for the safety of life on navigable waters during the response. 
Entering into, transiting through, remaining, anchoring or mooring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port (COTP) Sector Long Island Sound.

DATES: This rule is effective without actual notice from October 17, 
2014 until November 30, 2014. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, October 3, 2014, 
until October 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0917]. 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 Ian M. Fallon,

[[Page 62342]]

Prevention Department, Coast Guard Sector Long Island Sound, 203 468-
4565, [email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    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 publishing an NPRM would be impracticable and contrary to the 
public interest. Because of the emergency nature of the incident that 
created the need for this safety zone, there is insufficient time for 
the Coast Guard to seek public comments. Publishing an NPRM and 
delaying the effective date of this rule to await public comments would 
inhibit the Coast Guard's ability to fulfill its statutory missions to 
protect ports, waterways, and the maritime public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this temporary rule is 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    On September 15, 2014 the U.S. Coast Guard Sector Long Island Sound 
was contacted by personnel from Connecticut Department of Energy and 
Environmental Response (CT DEEP). The CT DEEP personnel were overseeing 
an environmental response at English Station, a decommissioned 
electrical power plant located in New Haven, CT. While on site, the CT 
DEEP personnel discovered a storm drain on the property that was 
contaminated with oil. The English Station site is contaminated with 
Polychlorinated Biphenyls (PBC) which may have contaminated the 
petroleum products. After Coast Guard personnel examined the site it 
was determined by the COTP, Sector Long Island Sound, that Coast Guard 
emergency response was necessary to protect the public and environment 
from the imminent and substantial threat of oil discharge from the main 
building and potential hazardous substance release.
    On September 24, 2014 the U.S. Coast Guard Sector Long Island Sound 
deployed boom surrounding the English Station site to contain any oil 
discharges and hazardous substances releases into the Mill River. The 
COTP has determined that a safety zone is necessary to protect the 
public from the safety hazards created by this emergency and preserve 
the function of the boom deployed around this site.

C. Discussion of the Temporary Final Rule

    For the reasons discussed above, the COTP is establishing a 
temporary safety zone on the Mill River in the vicinity of English 
Station in New Haven, CT. This safety zone will be bound inside of an 
area that starts at a point on land at position 41[deg]18'30.46'' N, 
072[deg]54'22.80'' W and then south along the shoreline to a point on 
land at position 41[deg]18'20.21'' N, 072[deg]54'22.14'' W and then 
west along the shoreline to a point on land at position 
41[deg]18'21.08'' N, 072[deg]54'26.84'' W and then north along the 
shoreline to a point on land at position 41[deg]18'30.12'' N, 
072[deg]54'27.59'' W and then east across land back to point of origin. 
Containment boom used in this emergency environmental response will 
mark the bounds of this safety zone. The containment boom is anchored 
onsite and marked with amber flashing lights for nighttime visibility.
    No vessel may enter, transit, moor, or anchor within safety zone 
during the period of enforcement unless authorized by the COTP or 
designated representative.
    The COTP will cause public notifications to be made by all 
appropriate means including but not limited to Broadcast Notice to 
Mariners.

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 rule is not a significant 
regulatory action for the following reasons: The safety zone will be of 
relatively short in duration and covers only a small portion of the 
navigable waterways. Furthermore, vessels may transit the navigable 
waterway outside of the safety zone. Moreover, vessels desiring entry 
into the safety zone may be authorized to do so by the COTP or 
designated representative. Advanced public notifications will also be 
made to the local maritime community by 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 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: owners and operators of vessels intending to transit or 
anchor in the Mill River in the vicinity of English Station. The 
temporary safety zone will not have a significant economic impact on a 
substantial number of small entities for all the reasons discussed in 
the REGULATORY PLANNING AND REVIEW section above.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity

[[Page 62343]]

and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

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, 
above.
    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.

4. Collection of Information

    This rule will 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 
INTFORMATION 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 From Environmental Health Risks

    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 the establishment of a safety zone. 
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 will be 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.

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; and Department of Homeland Security 
Delegation No. 0170.1


0
2. Add Sec.  165.T01-0917 to read as follows:


Sec.  165.T01-0917  Safety Zone; English Station Emergency 
Environmental Response, Mill River, New Haven, CT.

    (a) Location. The following area is a safety zone: All waters from 
surface to bottom within the Mill River, from the shoreline of the 
English Station emergency response site. and extending towards the 
water 5 feet past the containment boom surrounding the site. The 
English Station emergency response site is bound inside of an area that 
starts at a point on land at position 41[deg]18'30.46'' N, 
072[deg]54'22.80'' W and then south along the shoreline to a point on 
land at position 41[deg]18'20.21'' N, 072[deg]54'22.14'' W and then 
west along the shoreline to a point on land at position 
41[deg]18'21.08'' N, 072[deg]54'26.84''

[[Page 62344]]

W and then north along the shoreline to a point on land at position 
41[deg]18'30.12'' N, 072[deg]54'27.59'' W and then east across land 
back to point of origin (NAD). All positions are approximate.
    (b) Effective and enforcement period. This rule will be effective 
and enforced from 1:00 p.m. on October 3, 2014 to 11:59 p.m. on 
November 30, 2014.
    (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. The containment boom used in this emergency 
environmental response and utilized as a landmark for this safety zone 
is composed of harbor boom sections surrounding the English Station 
starting near the northeastern corner of the site, extending south 
towards the southeastern corner, and then extending west towards the 
southwestern corner and then extending north towards the northwestern 
corner and ending there. The containment boom is anchored onsite and 
marked with amber flashing lights for nighttime visibility. Vessels not 
engaged in the English Station Emergency Environmental Response are to 
stay at least 5 feet away from the containment boom.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in 33 CFR 165.23, 
entry into or movement within this zone is prohibited unless authorized 
by the Captain of the Port, Southeastern Long Island Sound.
    (3) Operators of vessels desiring to enter or operate within the 
safety zone should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative 
via VHF channel 16 to obtain permission to do so.
    (4) Any Vessel given permission to enter or operate in the safety 
zone must comply with all directions given to them by the COTP Sector 
Long Island Sound or the designated on-scene representative.
    (5) 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: October 3, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-24768 Filed 10-16-14; 8:45 am]
BILLING CODE 9110-04-P