[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18865-18868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08219]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0257]
RIN 1625-AA00


Safety Zone; Chapel Street Over Mill River Bridge 
Rehabilitation--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 
Mill River in New Haven, CT around the Chapel Street Bridge. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the Mohawk Northeast, 
Inc. Chapel Street Bridge Rehabilitation Project. When enforced, 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 April 24, 2017 
through May 26, 2017. For the purposes of enforcement, actual notice 
will be used from April 1, 2017, through April 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0257 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

[[Page 18866]]

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 6, 2017, Sector Long Island Sound was made aware of a 
bridge rehabilitation project for the Chapel Street Bridge over the 
Mill River in New Haven, CT. The COTP Sector LIS has determined that 
the potential hazards associated with the bridge rehabilitation project 
will be a safety concern for anyone within the work area.
    The project is scheduled to begin on April 1, 2017 and be completed 
by May 26, 2017. During this project, masonry repairs, fender system 
repairs, mechanical system replacement, and upgrades to the 
superstructure will take place. 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 be enforced during 
two brief periods when work barges will be placed in the navigable 
channel during structural steel replacement or when other hazards to 
navigation arise. The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 24 hours in advance to any period 
of enforcement or as soon as practicable in response to an emergency. 
If the project is completed prior to May 26, 2017, enforcement of the 
safety zone will be suspended and notice given via Broadcast Notice to 
Mariners.
    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 construction work 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 
bridge rehabilitation project starting on April 1, 2017 and continuing 
through May 26, 2017 will be a safety concern for anyone within the 
work zone. This rule is needed to protect personnel, vessels, and the 
marine environment within the safety zone while the bridge 
rehabilitation project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on April 1, 2017 
through 9:00 p.m. on May 26, 2017. The safety zone will cover all 
navigable waters of Mill River in New Haven, CT around the Chapel 
Street Bridge: Beginning at a point in position at 41[deg]18'14'' N., 
072[deg]54'21'' W. north of the Chapel Street Bridge; then east across 
Mill River to a point in position at 41[deg]18'14'' N., 072[deg]54'18'' 
W.; then south to a point in position at 41[deg]18'11'' N., 
072[deg]54'18'' W.; then west across Mill River to a point in position 
at 41[deg]18'11'' N., 072[deg]54'21'' W.; then north across Chapel 
Street Bridge 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 Mohawk Northeast, Inc. Chapel Street Bridge Rehabilitation 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 channel 16 
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. The Coast Guard has determined that this rulemaking is not a 
significant regulatory action for the following reasons: (1) The safety 
zone only impacts a small designated area of the Mill River during a 
time of year when vessel traffic is normally low, (2) the zone will 
only be enforced temporarily when work barges will be placed in the 
navigable channel during structural steel replacement or if 
necessitated by an emergency, (3) persons or vessels desiring to enter 
the safety zone may do so with permission from the COTP Sector LIS or a 
designated representative. The Coast Guard will notify the public of 
the enforcement of this rule via appropriate means, such as via Local 
Notice to Mariners and Broadcast Notice to Mariners.

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.

[[Page 18867]]

    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 
April 1, 2017 through May 26, 2017 that will prohibit entry within the 
work zone during the bridge rehabilitation project. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. An 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.T01-0257 to read as follows:


Sec.  165.T01-0257  Safety Zone; Chapel Street Over Mill River Bridge 
Rehabilitation Project--New Haven, CT.

    (a) Location: The following area is a safety zone: All navigable 
waters of Mill River in New Haven, CT around the Chapel Street Bridge: 
Beginning at a point in position at 41[deg]18'14'' N., 072[deg]54'21'' 
W. north of the Chapel Street Bridge; then east across Mill River to a 
point in position at 41[deg]18'14'' N., 072[deg]54'18'' W.; then south 
to a point in position at 41[deg]18'11'' N., 072[deg]54'18'' W.; then 
west across Mill River to a point in position at 41[deg]18'11'' N., 
072[deg]54'21'' W.; then north across Chapel Street Bridge 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 April 1, 2017 through 9:00 p.m. on May 26, 2017 but 
will only be enforced during structural steel replacement or other 
instances which may cause a hazard to navigation, when deemed necessary 
by the Captain of the Port (COTP), Sector Long Island Sound.
    (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 Mohawk Northeast, Inc. for 
the Chapel Street Bridge Rehabilitation 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 Long Island Sound command center) or the designated 
representative on scene via VHF channel 16 to obtain permission to do 
so.
    (4) Mariners are requested to cooperate with the Mohawk Northeast, 
Inc. project work vessels for the safety

[[Page 18868]]

of all concerned. The Mohawk Northeast, Inc. project work vessels will 
be monitoring VHF channels 13 and 16.
    (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: March 31, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-08219 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P