[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29743-29746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13330]


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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; Milford and Stratford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is amending a temporary safety zone on the 
Housatonic River near Milford and Stratford, CT. Amending the safety 
zone is necessary 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. 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 June 30, 2017 
through August 31, 2017. For the purposes of enforcement, actual notice 
will be used from June 12, 2017 through June 30, 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,

[[Page 29744]]

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
TFR Temporary final rule

II. Background Information and Regulatory History

    This rulemaking amends 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.
    On May 22, 2017, the Coast Guard published a TFR entitled, ``Safety 
Zone; United Illuminating Company Housatonic River Crossing Project; 
Housatonic River; Milford and Stratford, CT'' in the Federal Register 
(82 FR 23144). This project was 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 was 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.
    On May 10, 2017, United Illuminating Company notified the Coast 
Guard that due to foul weather it was behind schedule and was unable to 
complete phase one as described in the above-mentioned TFR. The project 
is now scheduled to begin on June 12, 2017 and be completed by August 
31, 2017. Due to fluctuations in the project's schedule, the safety 
zone is being amended to permit enforcement of the safety zone during 
re-scheduled cable installation operations or other instances which may 
cause a hazard to navigation. The COTP Long Island Sound (LIS) has 
determined that the potential hazards associated with the cable 
installation project could be a safety concern for anyone within the 
work area. 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 Coast Guard is amending Sec.  165.T01-0825 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 after weather delays 
did not give the Coast Guard enough time to publish an NPRM, take 
public comments regarding the amendments to Sec.  165.T01-0825, and 
issue a new final rule before the rescheduled cable crossing operation 
is set to begin. It would be impracticable and contrary to the public 
interest to delay promulgating the amendments to 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 
LIS has determined that potential hazards associated with the river 
cable crossing project starting on June 12, 2017 and continuing through 
August 31, 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 cable crossing project is completed.

IV. Discussion of the Rule

    This rule amends the temporary safety zone in Sec.  165.T01-0825. 
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. The safety zone will only be 
enforced during cable installation operations or other instances, when 
they cause a hazard to navigation. During enforcement periods, 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 
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 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, and duration of the safety zone which will affect a small, 
designated area of the Housatonic River for less than one hour

[[Page 29745]]

at a time. It also may be enforced temporarily during the cable 
installation project if necessitated by an emergency. 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. 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 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 Record of Environmental Consideration (REC) 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, 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; Department of Homeland Security Delegation No. 
0170.1.

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


Sec.  165.T01-0825  Safety Zone; United Illuminating Company; 
Housatonic River Crossing Project; 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.

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    (b) Effective and enforcement period. This rule will be effective 
from 8:00 a.m. on June 12, 2017 to 6:00 p.m. on August 31, 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), 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 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 Sec.  
165.23 apply.
    (2) In accordance with the general regulations in Sec.  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 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 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: June 8, 2017.
A.E. Tucci,
Captain, U. S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2017-13330 Filed 6-29-17; 8:45 am]
 BILLING CODE 9110-04-P