[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18946-18948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09186]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0304]
RIN 1625-AA00


Safety Zone; 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 a wire replacement project on the Devon 
Railroad Bridge. Entry of vessels or people into the safety zone is 
prohibited unless authorized by the Captain of the Port Long Island 
Sound or a designated representative. The safety zone will only be 
enforced during wire replacement operations or other instances which 
may create a hazard to navigation.

DATES: This rule is effective without actual notice from May 1, 2018 
through May 15, 2018. For the purposes of enforcement, actual notice 
will be used from April 5, 2018 through May 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0304 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 Chief 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

    On March 19, 2018, Sector Long Island Sound was made aware of an 
emergency wire replacement project for the Devon Railroad Bridge over 
the Housatonic River near Stratford and Milford, CT. The Captain of the 
Port (COTP) Long Island Sound has determined that the potential hazards 
associated with the wire replacement project could be a safety concern 
for anyone within the safety zone.
    The project runs from April 5, 2018 through May 15, 2018. During 
this project, CIANBRO Construction work boats will be in place to 
remove frayed guy wires currently spanning between two high towers 
above the Devon Railroad Bridge. Once the frayed guy wires are removed, 
CIANBRO Construction work boats will stretch new replacement guy wires 
across the navigable channel and will hoist the wires to the top of the 
high towers via a pull rope attached to a work boat, starting on the 
west side of the river, then finishing on the east side of the river. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP Long Island Sound or a designated 
representative. The safety zone will be enforced only when wires, 
cables, and rigging equipment are stretched across the navigable 
channel at low elevations during the wire replacement project or when 
other hazards to navigation arise. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 twenty-four 
(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 15, 2018, 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 wire replacement project 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 
Long Island Sound has determined that potential hazards associated with 
the wire replacement project, which runs from April 5, 2018 through May 
15, 2018, will be a safety concern for anyone on the navigable waters 
within 100 yards of the wire replacement project. This rule is needed 
to protect people, vessels, and the marine environment within the 
safety zone until the wire replacement project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on April 5, 2018 
through 6:00 p.m. on May 15, 2018. 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]12'14.5'' N, 073[deg]06'40.8'' W south of 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]12'17.7'' 
N, 073[deg]06'29.1'' W south of the Governor John Davis Lodge Turnpike 
(I-95) Bridge; then northwest along the shoreline to a point

[[Page 18947]]

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 safety zone is intended to ensure the safety of 
vessels on the navigable waters within this zone before, during, and 
after each wire and cable suspension operation, or during any instance 
that necessitates a temporary closure of the Housatonic River at the 
project site. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP Long Island Sound 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 
twenty-four (24) 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 enforcement of the safety zone. The safety zone 
will impact only a small designated portion on the Housatonic River for 
41 days. Although vessels will not be able to transit around this 
safety zone, this waterway is typically transited by small recreational 
craft on an infrequent basis prior to Memorial Day Weekend. 
Additionally, the safety zone will only be enforced when the wire 
replacement 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. Moreover, 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 
safety zone 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 creates a safety zone lasting 41 days. 
During those 41 days, the safety zone will be enforced only when the 
wire replacement project necessitates closure of the waterway or during 
an emergency. It is categorically excluded from further review under 
paragraph

[[Page 18948]]

L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration supporting this 
determination will be available in the docket where indicated under 
ADDRESSES.

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; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0304 to read as follows:


Sec.  165.T01-0304  Safety Zone; Housatonic River, 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]12'14.5'' N, 073[deg]06'40.8'' W south of 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]12'17.7'' N, 
073[deg]06'29.1'' W south of 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 is effective from 
6:00 a.m. on April 5, 2018 to 6:00 p.m. on May 15, 2018. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 twenty-four (24) hours prior 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:
    (1) A ``designated representative'' is any Coast Guard 
commissioned, warrant or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port Long Island Sound (COTP), 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.
    (2) An ``Official patrol vessel'' may be 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.
    (d) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter or remain in the safety zone 
described in paragraph (a) of this section unless authorized by the 
COTP or one of the COTP's designated representatives.
    (2) Any vessel that is granted permission by the COTP or a 
designated representative must proceed through the area with caution 
and operate at a speed no faster than necessary to maintain a safe 
course, unless otherwise required by the Navigation Rules.
    (3) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or a designated 
representative. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the zone when directed by the COTP or a 
designated representative.
    (4) To seek permission to enter or remain in the safety zone, 
individuals may reach the COTP or a designated representative via 
Channel 16 (VHF-FM) or at 203-468-4401 (Sector Long Island Sound 
command center).

    Dated: April 4, 2018.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island 
Sound.
[FR Doc. 2018-09186 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-04-P