[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Rules and Regulations]
[Pages 45596-45598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11336]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0303]
RIN 1625-AA00


Safety Zone; Thames River, Groton, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Thames River, Groton, CT. This action is 
necessary to provide for the safety of life on the navigable waters in 
the vicinity of Fort Trumbull. New London, CT to the south of the 
Pfizer Pier in Groton, CT during installation of submerged cable and 
the removal and replacement of a floating drydock. When enforced, entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized Captain of the Port Long Island Sound.

DATES: This rule is effective without actual notice from May 23, 2024 
through 11:59 p.m. on July 31, 2024. For the purposes of enforcement, 
actual notice will be used from May 17, 2024, until May 23, 2024. 
Comments and related material must be received by the Coast Guard on or 
before June 24, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0303 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. To view documents mentioned in 
this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2024-0303 in the search box and click 
``Search.'' Next, in the Document Type column, select ``Supporting & 
Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Marine Science Technician First Class Mark Paget, 
Waterways Management Division, Sector Long Island Sound; Telephone 
(203) 468-4565; Email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
TIR Temporary Interim Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because publishing an NPRM would be 
impracticable, and contrary to the public interest. The construction 
details were not finalized until there was insufficient time to publish 
a NPRM, take public comments, and consider those comments, and issue a 
final rule by May 17, 2024. It is impracticable to publish an NPRM 
because we must establish this safety zone by May 17, 2024, to ensure 
the safety of mariners transiting the area from the dangers associated 
with the cable installation process and floating drydock installation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The safety zone established is to 
ensure public safety during the installation of submerged cable and the 
removal/replacement of a floating drydock.
    We are soliciting comments on this safety zone. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Long Island Sound (COTP) has determined 
that potential hazards associated with the submerged cable installation 
and floating drydock removal/replacement starting May 17, 2024; will be 
a safety concern for anyone within a 200-yard radius of the 
construction. This rule is needed to protect personnel, vessels, and 
the marine environment in the navigable waters within the safety zone 
while submerged cable laying and drydock replacement operations are 
taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from May 17, 2024, through 
11:59 p.m. on July 31, 2024. While the safety zone will be effective 
through this period, it will only be enforced during active submerged 
cable laying operations and dry dock construction or other instances 
which may create a hazard to navigation. The Coast Guard anticipates 
the active submerged cable laying and dry dock construction to take 
place within a four-to-six-hour period on May 17, 2024, unless the 
event is delayed because of weather conditions or construction delays 
in which case it may be subject to enforcement those same hours on a 
date to be determined before 11:59 p.m. on July 31, 2024. A broadcast 
notice to mariners will inform the public of the exact date and the 
enforcement of the safety zone. The

[[Page 45597]]

duration of the zone is intended to ensure the safety of vessels and 
these navigable waters during the scheduled cable installation 
construction. The safety zone will cover all navigable waters of the 
Thames River within 200 yards of a construction barge located 750 yards 
southeast of Fort Trumbull, New London, CT, in approximate position 
41[deg]20'14'' N, 72[deg]05'06'' W. During times of enforcement, all 
persons or vessels would be prohibited from entering the safety zone 
without permission from the COTP or a designated representative. If the 
project is completed before 11:59 p.m. on July 31, 2024, enforcement of 
the safety zone will be suspended, and notice given via Broadcast 
Notice to Mariners.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone will be of 
limited duration to minimize any adverse impacts to vessels who seek to 
transit the navigable waters of Thames River, New London, CT, in 
support of the cable installation construction on May 17, 2024, or on a 
to be determined date. Advance public notifications will be made to 
local mariners through appropriate means, which may include Local 
Notice to Mariners and/or Broadcast Notice to Mariners. Additionally, 
mariners may request permission to enter the regulated area by 
contacting the COTP or the COTP's representative.

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 the 
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 because they are able to transit with 
permission from COTP or the COTP's designated representative.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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 will 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 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 involves a 
safety zone lasting up to six-hours that would prohibit entry within 
200 yards of a construction barge. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

[[Page 45598]]

VI. 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. If we determine that changes to the temporary interim rule are 
necessary, the Coast Guard will publish a temporary final rule or other 
appropriate document. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0303 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
temporary interim rule as being available in the docket, find the 
docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. Public 
comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. Also, if you click on the Dockets tab and 
then the temporary interim rule, you should see a ``Subscribe'' option 
for email alerts. The option will notify you when comments are posted, 
or a subsequent document is published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T01-0303 to read as follows:


Sec.  165.T01-0303  Safety Zone; Thames River, New London, CT.

    (a) Location. The following area is a safety zone: All waters 
within a 200-yard radius of the construction barge located at 
41[ordm]20'14'' N, 72[ordm]05'06'' W.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the Captain of the 
Port Long Island Sound (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by (866) 299-8031. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (c) Enforcement period. This section is effective from May 17, 
2024, through 11:59 p.m. on July 31, 2024. The rule will only be 
subject to enforcement within 4-6-hour window increments beginning on 
Wednesday, May 17, 2024, unless the project is delayed because of 
construction delays or weather conditions. If the projected is delayed, 
a Broadcast Notice to Mariners will indicate the date to which this 
safety zone will be enforced at those same hours.

    Dated: May 17, 2024.
E. Garrity,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2024-11336 Filed 5-22-24; 8:45 am]
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