[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23144-23146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10389]


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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 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. This regulation prohibits vessels or people from being 
in 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.

DATES: This rule is effective without actual notice from May 22, 2017 
through August 3, 2017. For the purposes of enforcement, actual notice 
will be used from April 26, 2017 through May 22, 2017.

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.

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

II. Background Information and Regulatory History

    This rulemaking establishes a temporary 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 March 14, 2017, the Coast Guard published a NPRM 
entitled, ``Safety Zone; United Illuminating Company Housatonic River 
Crossing Project; Housatonic River; Milford and Stratford, CT'' in the 
Federal Register (80 FR 13572). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
transmission project. During the comment period that ended April 13, 
2017, we received zero comments.
    The United Illuminating Company Housatonic River Crossing Project 
is schedule to be completed in two phases. The first phase involving 
the stringing of optical fiber ground wires on the North circuit of the 
project is scheduled to begin on April, 26, 2017 through May 4, 2017. 
The second phase involves the stringing of optical fiber ground wires 
on the South circuit from July 29, 2017 through August 3, 2017. The 
work area for both phases is between the eastern and western shores of 
the Housatonic River. The southern boundary of the work area is the 
Metro-North Rail Bridge. The northern boundary of the work area is 
approximately 525 feet upstream of the Metro-North Rail Bridge. Exact 
coordinates are included in the regulatory text. 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.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. As stated above, the first phase 
of the United Illuminating Company Housatonic River Crossing Project is 
scheduled to begin on April 26, 2017. Thus, there is now insufficient 
time for a 30 day comment period before the need to enforce this safety 
zone on April 26, 2017. Delaying the enforcement of this safety zone to 
allow a 30 day effective period will be impractical and contrary to the 
public interest because it would inhibit the Coast Guard's ability to 
fulfill its mission to keep the waterways safe.

[[Page 23145]]

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 April 26, 2017 and continuing 
through August 3, 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 until the cable crossing project is completed.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 14, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes 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 on the 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 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 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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action creates a temporary safety zone that will be 
enforced for less than 15 days on a designated area of the Housatonic 
River. During those 15 days, the safety zone will be enforced only 
during brief periods of time when the cable installation project 
necessitates closure of the waterway or during an emergency. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone and any periods of enforcement. The rule also 
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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    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.

[[Page 23146]]

    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 rule creates a temporary safety zone lasting less 
than 15 days. During those 15 days, the safety zone will be enforced 
only during brief periods of time when the cable installation project 
necessitates closure of the waterway or during an emergency. Normally 
such actions are categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A 
Record of Environmental Consideration (REC) for Categorically Excluded 
Actions 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 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 
recordkeeping 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 included with this 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 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. 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 advance 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: April 24, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-10389 Filed 5-19-17; 8:45 am]
BILLING CODE 9110-04-P