[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89862-89865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29909]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0825]
RIN 1625-AA00


Safety Zone; United Illuminating Company Housatonic River 
Crossing Project; Housatonic River, Milford and Stratford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Housatonic River near Milford and Stratford, CT. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by the United Illuminating Company Housatonic 
River Crossing Project. This regulation prohibits entry of vessels or 
people into the safety zone unless authorized by the Captain of the 
Port Sector Long Island Sound.

DATES: This rule is effective without actual notice from December 13, 
2016 through December 21, 2016. For the purposes of enforcement, actual 
notice will be used from November 29, 2016, through December 13, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 89863]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast 
Guard Sector Long Island Sound, telephone (203) 468-4446, email 
[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 August 25, 2016, United Illuminating Company notified the Coast 
Guard that it will conduct a project involving the installation of new 
electrical transmission cables over the Housatonic River near Stratford 
and Milford, CT. The project is scheduled to begin on November 29, 2016 
and be completed by December 21, 2016. The work will require the 
installation of six new transmission cables and two ``static wires.'' A 
messenger line with a buoy will be shot out into the river with a 
propulsive devise, and then picked up by a vessel, which will pull the 
messenger line to the opposite side of the river. The messenger line 
will be routed up the tower, and used to pull the cables across the 
river and onto the towers. Given the six cables and two static wires, 
there will be a total of eight ``shots.'' The work area is between the 
eastern and western shores of the Housatonic River. The southern 
boundary of the work zone begins at the Metro-North Rail Bridge and 
extends north approximately 525 feet upstream. The Captain of the Port 
(COTP) Long Island Sound has determined that the potential hazards 
associated with the cable crossing project could be a safety concern 
for anyone within the work area.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The late finalization of project details did not give the 
Coast Guard enough time to publish an NPRM, take public comments, and 
issue a final rule before the cable crossing operation is set to begin. 
It would be impracticable and contrary to the public interest to delay 
promulgating this rule as it is necessary to protect the safety of the 
public and waterway users.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1231. The COTP 
Sector LIS has determined that potential hazards associated with the 
river cable crossing project starting on November 29, 2016 and 
continuing through December 21, 2016 will be a safety concern for 
anyone within the work zone. This rule is needed to protect people and 
vessels within the safety zone while the cable crossing project is 
completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:00 a.m. on November 29, 
2016 to 6:00 p.m. on December 21, 2016. The safety zone will cover all 
navigable waters of the Housatonic River near Milford and Stratford, CT 
contained within the following area: Beginning at a point on land in 
position at 41[deg]12'17'' N., 073[deg]06'40'' W. near the Governor 
John Davis Lodge Turnpike (I-95) Bridge; then northeast across the 
Housatonic River to a point on land in position at 41[deg]12'20'' N., 
073[deg]06'29'' W. near the Governor John Davis Lodge Turnpike (I-95) 
Bridge; then northwest along the shoreline to a point on land in 
position at 41[deg]12'25'' N., 073[deg]06'31'' W.; then southwest 
across the Housatonic River to a point on land in position at 
41[deg]12'22'' N., 073[deg]06'43'' W.; then southeast along the 
shoreline back to point of origin (NAD 83). All positions are 
approximate. The duration of the zone is intended to ensure the safety 
of people and vessels in these navigable waters during any instance 
that necessitates a temporary closure of the Housatonic River at the 
work site. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The safety zone will only be enforced during cable 
installation operations or other instances, when they cause a hazard to 
navigation.
    The Coast Guard will notify the public and local mariners of this 
safety zone through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, the Local Notice to 
Mariners, and Broadcast Notice to Mariners via VHF-FM marine channel 16 
eight hours in advance of any scheduled enforcement period. The 
regulatory text we are enforcing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order. 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which will 
affect a small designated area of the Housatonic River for less than 
one hour at a time during the winter months when vessel traffic is 
normally low. It also may be enforced temporarily during the cable 
installation project if necessitated by an emergency. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C.

[[Page 89864]]

605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit this 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator. Under section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want 
to assist small entities in understanding this rule. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This temporary rule involves a safety zone enforced for 
less than one hour at a time that would prohibit entry within the work 
zone during each cable installation. It also may be enforced 
temporarily during the cable installation project if necessitated by an 
emergency, such as equipment falling from the towers into the 
Housatonic River. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A environmental analysis checklist and 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0825 to read as follows:


Sec.  165.T01-0825  Safety Zone; United Illuminating Company Housatonic 
River Crossing Project; Housatonic River; Milford and Stratford, CT.

    (a) Location: The following area is a safety zone: All navigable 
waters of the Housatonic River near Milford and Stratford, CT contained 
within the following area; beginning at a point on land in position at 
41[deg]12'17'' N, 073[deg]06'40'' W near the Governor John Davis Lodge 
Turnpike (I-95) Bridge; then northeast across the Housatonic River to a 
point on land in position at 41[deg]12'20'' N, 073[deg]06'29'' W near 
the Governor John Davis Lodge Turnpike (I-95) Bridge; then northwest 
along the shoreline to a point on land in position at 41[deg]12'25'' N, 
073[deg]06'31'' W; then southwest across the Housatonic River to a 
point on land in position at 41[deg]12'22'' N, 073[deg]06'43'' W; then 
southeast along the shoreline back to point of origin (NAD 83). All 
positions are approximate.
    (b) Effective and Enforcement Period: This rule will be effective 
from 8:00 a.m. on November 29, 2016 to 6:00 p.m. on December 21, 2016 
but will only be enforced during cable installation operations or other 
instances which may cause a hazard to navigation, when deemed necessary 
by the Captain of the Port (COTP), Sector Long Island Sound. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 eight hours in advance to any scheduled period of 
enforcement or as soon as practicable in response to an emergency.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
COTP, Sector Long Island Sound, to act on his or her behalf. The 
designated representative

[[Page 89865]]

may be on an official patrol vessel or may be on shore and will 
communicate with vessels via VHF-FM radio or loudhailer. ``Official 
patrol vessels'' may consist of any Coast Guard, Coast Guard Auxiliary, 
state, or local law enforcement vessels assigned or approved by the 
COTP Sector Long Island Sound. In addition, members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation. 
A ``work vessel'' is any vessel provided by United Illuminating Company 
for the Housatonic River Crossing Project and may be hailed via VHF 
channel 13 or 16.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in 33 CFR 165.23, 
entry into or movement within this zone is prohibited unless authorized 
by the Captain of the Port Long Island Sound.
    (3) Operators of vessels desiring to enter or operate within the 
safety zone should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) and United Illuminating Company at 
203-627-5526 or at 860-904-8551, or the designated representative via 
VHF channel 16 to obtain permission to do so. Request to enter or 
operate in the safety zone must be made 24 hours in advanced of the 
planned undertaking.
    (4) Mariners are requested to proceed with caution after passing 
arrangements have been made. Mariners are requested to cooperate with 
the United Illuminating Company work vessels for the safety of all 
concerned. The United Illuminating Company work vessels will be 
monitoring VHF channels 13 and 16. Mariners are requested to proceed 
with extreme caution and operate at their slowest safe speed as to not 
cause a wake.
    (5) Any vessel given permission to enter or operate in the safety 
zone must comply with all directions given to them by the COTP Sector 
Long Island Sound, or the designated on-scene representative.
    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

    Dated: November 15, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long 
Island Sound.
[FR Doc. 2016-29909 Filed 12-12-16; 8:45 am]
 BILLING CODE 9110-04-P