[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Proposed Rules]
[Pages 13572-13575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04978]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 the United Illuminating Company Housatonic 
River Crossing Project from April 26, 2017 to May 4, 2017, and from 
July 29, 2017 to August 3, 2017. This proposed rulemaking would 
prohibit entry of vessels or people into the safety zone unless 
authorized by the Captain of the Port Long Island Sound or a designated 
representative. The safety zone will only be enforced during cable 
pulling operations or other instances which may create a hazard to 
navigation. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 13, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0825 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Katherine Linnick, 
Prevention Department, Coast Guard Sector Long Island Sound, telephone 
(203) 468-4565, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
NAD 83 North American Datum 1983

II. Background, Purpose, and Legal Basis

    This rulemaking proposes to establish a safety zone for certain 
waters of the Housatonic River near Milford and Stratford, CT. 
Corresponding regulatory history is discussed below.
    On August 25, 2016, United Illuminating Company notified the Coast 
Guard that it would conduct a project involving the installation of new 
transmission conductors over the Housatonic River near Stratford and 
Milford, CT. On December 13, 2016, the Coast Guard published a 
temporary final rule entitled, ``Safety Zone; United Illuminating 
Company Housatonic River Crossing Project; Housatonic River, Milford 
and Stratford, CT'' in the Federal Register (81 FR 89862).
    The project is scheduled to be completed in two phases, the first 
being the stringing of optical fiber ground wires on the North circuit 
from April 26, 2017 to May 4, 2017. The second phase will include the 
stringing of optical fiber ground wires on the South circuit from July 
29, 2017 to August 3, 2017. The proposed work area is between the 
eastern and western shores of the Housatonic River from the southern 
boundary of the Metro-North Rail Bridge. It extends approximately 525 
feet upstream for the northern boundary. Potential hazards from this 
project include entanglement of vessels with the messenger line and 
falling equipment from the electrical towers. The Captain of the Port 
Long Island Sound (COTP) has determined that the potential hazards 
associated with the cable crossing project could be a safety concern 
for anyone within the proposed work area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the work zone before, during, and after 
each messenger pulling operation. The Coast Guard proposes this 
rulemaking under authority in 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, which collectively authorize the Coast Guard to 
define regulatory safety zones.

[[Page 13573]]

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:00 a.m. on 
April 26, 2017 through 6:00 p.m. on May 4, 2017, and from 8:00 a.m. on 
July 29, 2017 through 6:00 p.m. on August 3, 2017. 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 vessels and these navigable waters within the work zone before, 
during, and after each messenger pulling operation or 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 when 
project work causes a potential hazard to navigation. The Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
eight hours in advance of any scheduled enforcement period. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. E.O. 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 E.O. 12866. Accordingly, this 
NPRM has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic would be able 
to safely transit around this safety zone, which would affect a small 
designated area of the Housatonic River for less than one hour at a 
time. It also may be enforced temporarily during the cable crossing 
project if necessitated by an emergency. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a 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 E.O. 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule involves a safety 
zone enforced for less

[[Page 13574]]

than one hour at a time that would prohibit entry within the work zone 
during each messenger pulling operation. It also may be enforced 
temporarily during the cable-crossing 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 preliminary environmental analysis checklist 
is 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

 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 proposes 
to amend 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 included with this safety zone:
    (1) 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).
    (2) All positions are approximate.
    (b) Effective and Enforcement Period: This rule will be effective 
from 8:00 a.m. on April 26, 2017 to 6:00 p.m. on May 4, 2017, and from 
8:00 a.m. on July 29, 2017 to 6:00 p.m. on August 3, 2017. Vessel 
traffic would be able to safely transit around this safety zone, which 
would affect a small designated area of the Housatonic River for less 
than one hour at a time. It also may be enforced temporarily during the 
cable crossing cable-crossing project if necessitated by an emergency. 
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 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), 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.


[[Page 13575]]


    Dated: February 24, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-04978 Filed 3-13-17; 8:45 am]
 BILLING CODE 9110-04-P