[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Rules and Regulations]
[Pages 11403-11405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03498]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0019]
RIN 1625-AA00


Safety Zone; Loop Parkway Bridge--Long Creek, Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Long Creek in Hempstead, NY around the Loop Parkway Bridge. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the Weeks Marine Loop 
Parkway Submarine Cable Routing and Protection 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 February 23, 
2017 through February 24, 2017. For the purposes of enforcement, actual 
notice will be used from January 25, 2017, through February 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0019 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, 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
CFR Code of Federal Regulations
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 5, 2017, Weeks Marine notified the Coast Guard that it 
will conduct a project involving the installation of new electrical 
cables across Long Creek in Hempstead, NY under the Loop Parkway 
Bridge. The project is scheduled to begin on January 25, 2017 and be 
completed by February 24, 2017. The work will require the installation 
of two power submarine cables and one control submarine cable for the 
Loop Parkway Bridge over Long Creek. Several barges will be in place 
during the temporary rigging and suspension of cables across the 
channel. The main channel will be trenched for final placement of the 
cables. Upon final placement, sand bags and stone will be placed to 
protect the installed cables. The work area is primarily between Pier 6 
and Pier 13 on the south side of the Loop Parkway Bridge on Long Creek. 
The COTP Long Island Sound has determined that the potential hazards 
associated with the cable crossing project will 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 
submarine cable project starting on January 25, 2017 and continuing 
through February 24, 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 submarine cable project is completed.

[[Page 11404]]

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on January 25, 
2017 through 5:00 p.m. on February 24, 2017. The safety zone will cover 
all navigable waters of Long Creek in Hempstead, NY around the Loop 
Parkway Bridge: beginning at a point in position at 40[deg]36'18'' N., 
073[deg]34'13'' W. north of Pier 6 on the Loop Parkway Bridge; then 
south to a point in position at 40[deg]36'12'' N., 073[deg]34'12'' W. 
south of Pier 6 on the Loop Parkway Bridge; then east across Long Creek 
channel to a point in position at 40[deg]36'13'' N., 073[deg]34'08'' 
W.; then north to a point in position at 40[deg]36'18'' N., 
073[deg]34'09'' W.; then west across the Long Creek channel back to 
point of origin (NAD 83). All positions are approximate. The duration 
of the zone is intended to protect people, vessels, and the marine 
environment in these navigable waters during the Weeks Marine Loop 
Parkway Submarine Cable Routing and Protection Project. 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 
twenty-four 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 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 Long Creek during the winter months 
when vessel traffic is normally low. Moreover, the Coast Guard will 
notify the public of enforcement of this rule via appropriate means, 
such as Local Notice to Mariners, Broadcast Notice to Mariners or VHF-
FM marine channel 16 to increase public awareness of this safety zone 
and the procedure to allow persons or 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 section.
    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 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 (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 from 
January 25, 2017 through February 24,

[[Page 11405]]

2017 that would prohibit entry within the work zone during the 
submarine cable installation project. It is 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.T01-0019 to read as follows:


Sec.  165.T01-0019   Safety Zone; Loop Parkway Bridge; Long Creek, 
Hempstead, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of Long Creek in Hempstead, NY around the Loop Parkway Bridge, 
contained within the following area; beginning at a point in position 
40[deg]36'18'' N., 073[deg]34'13'' W. north of Pier 6 on the Loop 
Parkway Bridge; then south to a point in position at 40[deg]36'12'' N., 
073[deg]34'12'' W. south of Pier 6 on the Loop Parkway Bridge; then 
east across Long Creek channel to a point in position at 40[deg]36'13'' 
N., 073[deg]34'08'' W.; then north to a point in position at 
40[deg]36'18'' N., 073[deg]34'09'' W.; then west across the Long Creek 
channel back to point of origin (NAD 83). All positions are 
approximate.
    (b) Effective and enforcement period. This rule will be effective 
from 6:00 a.m. on January 25, 2017 through 5:00 p.m. on February 24, 
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), Long Island Sound. The 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 twenty-four hours in advance to any scheduled period of 
enforcement or as soon as practicable in response to an emergency. In 
the event that project work in the main channel is completed prior to 
the end of the effective date of February 24, 2017, the Coast Guard 
will suspend the safety zone and notify the public of channel reopening 
via VHF-FM marine channel 16 for twenty-four hours after reopening.
    (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, 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 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 Weeks Marine for the Loop 
Parkway Bridge Submarine Cable and Protection 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 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 LIS command center) or the designated representative on scene 
via VHF channel 16 to obtain permission to do so. Request to enter or 
operate in the safety zone must be made twenty-four hours in advance.
    (4) Mariners are requested to proceed with caution after passing 
arrangements have been made. Mariners are requested to cooperate with 
the Weeks Marine project work vessels for the safety of all concerned. 
The Weeks Marine project 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: January 24, 2017.
A.E Tucci,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 2017-03498 Filed 2-22-17; 8:45 am]
 BILLING CODE 9110-04-P