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[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Rules and Regulations]
[Pages 1145-1149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00211]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0824]
RIN 1625-AA11

Regulated Navigation Area; Housatonic River, Bridge Replacement 
Operations; Stratford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) on the navigable waters of the Housatonic River surrounding the 
Interstate 95 (I-95) Bridge, between Stratford and Milford, CT. This 
RNA allows the Coast Guard to enforce speed and wake restrictions and 
prohibit all vessel traffic through the RNA during bridge replacement 
operations, both planned and unforeseen, that could pose an imminent 
hazard to persons and vessels operating in the area. This rule is 
necessary to provide for the safety of life on the navigable waters 
during the replacement of the bridge.

DATES: This rule is effective and will be enforced from January, 7, 
2013 through November 30, 2017.
    Comments and related material may be received by the Coast Guard 
through the effective period.

[[Page 1146]]

    Requests for public meetings must be received by the Coast Guard on 
or before January 29, 2013.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2012-0824. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Joseph Graun, Prevention Department, U.S. 
Coast Guard Sector Long Island Sound, (203) 468-4544, 
[email protected]; or Lieutenant Isaac M. Slavitt, Waterways 
Management Division, U.S. Coast Guard First District, (617) 223-8385. 
If you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

    COTP Captain of the Port
    DHS Department of Homeland Security
    FR Federal Register
    I-95 Interstate 95
    LIS Long Island Sound
    NPRM Notice of Proposed Rulemaking
    RNA Regulated navigation area
    RR Railroad

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a self-
addressed, stamped, postcard or envelope. We will consider all comments 
and material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on Open Docket Folder on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We currently do not plan to hold a public meeting. You may, 
however, submit a request for one, using one of the methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that one would aid in this rulemaking, 
we will hold one at a time and place announced by a later notice in the 
Federal Register.

B. Regulatory History and Information

    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.
    A full waterway closure was not requested of the Coast Guard until 
November 21, 2012 when the Connecticut Department of Transportation (CT 
DOT) requested a complete waterway closure beginning January 7, 2013. 
This late submission did not give the Coast Guard enough time to 
publish an NPRM, take public comments, and issue a final rule before 
work begins in January.
    It would be impracticable and contrary to the public interest to 
delay promulgating this rule, as it is necessary to protect the safety 
of both the construction crew and the waterway users operating in the 
vicinity of the bridge construction zone. A delay or cancellation of 
the currently ongoing bridge rehabilitation project in order to 
accommodate a full notice and comment period would delay necessary 
operations, result in increased costs, and delay the date when the 
bridge is expected to reopen for normal operations. The Coast Guard 
believes it would be impracticable and contrary to the public interest 
to delay this regulation. At any time, the Coast Guard may publish an 
amended rule if necessary to address public concerns.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that

[[Page 1147]]

good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1221-1236, and 
Department of Homeland Security Delegation No. 0170.1, the Coast Guard 
has the authority to establish RNAs in defined water areas that are 
determined to have hazardous conditions and in which vessel traffic can 
be regulated in the interest of safety.
    The purpose of this rulemaking is to provide for safety on the 
navigable waters in the regulated area during bridge reconstruction.

D. Discussion of the Interim Rule

    The Coast Guard is establishing an RNA on the navigable waters of 
the Housatonic River surrounding the Moses Wheeler Bridge which spans 
from Stratford to Milford, CT. This RNA allows the Captain of the Port 
Sector Long Island Sound (COTP) to establish speed and wake 
restrictions and to prohibit vessel traffic on this portion of the 
river for limited periods when necessary for the safety of vessels and 
workers during construction work in the channel. The Coast Guard will 
enforce a six knot speed limit as well as a ``NO WAKE'' zone and be 
able to close the designated area to all vessel traffic during any 
circumstance, planned or unforeseen, that poses an imminent threat to 
waterway users or construction operations in the area. Complete 
waterway closures will be minimized to that period absolutely necessary 
and made with as much advanced notice as possible. During closures, 
mariners may request permission from the COTP to transit through the 
RNA.
    This rule was prompted by the navigation safety situation created 
by reconstruction of the Moses Wheeler Bridge (sometimes referred to as 
the Interstate-95 (I-95) Bridge or the Housatonic River Bridge). This 
bridge carries I-95 (Connecticut Turnpike) over the Housatonic River 
between Stratford and Milford CT. The present bridge was built in the 
1950s and designed with a 50 year life span. The bridge has surpassed 
its useable life span and the Connecticut Department of Transportation 
(CT DOT) has contracted to construct a replacement bridge. The 
contractor has begun bridge construction and is scheduled to complete 
the project in 2017.
    The Coast Guard has discussed this project with CT DOT to determine 
whether the project can be completed without channel closures and, if 
possible, what impact that would have on the project timeline. Through 
these discussions, it became clear that while the majority of 
construction activities during the span of this project would not 
require waterway closures, there are certain tasks that can only be 
completed in the channel and will require closing the waterway. 
Specifically, this includes the demolition of steel support beams. 
These large and extremely heavy steel support beams are suspended 55 
feet above the water; to demolish them, they must be cut into sections 
and lowered on to a barge. This process will be extremely complex and 
presents many safety hazards including overhead crane operations, 
overhead cutting operations, potential falling debris, and barges 
positioned in the channel with a restricted ability to maneuver.
    In a letter to the U.S. Coast Guard dated November 21, 2012, CT DOT 
outlined two phases of operations that require in-channel work, two 
steps of which will require waterway closures. CT DOT will notify the 
Coast Guard as far in advance as possible if additional closures are 
needed. The Coast Guard has a copy of this letter in the docket.
    The first planned closure period will be three days during January 
of 2013. The purpose of this closure is to remove the steel support 
beams of the existing Moses Wheeler Bridge northbound span. Currently, 
the Coast Guard anticipates the three days will be weekdays and the 
closure will be in effect from 7 a.m. through 7 p.m.
    The second planned closure period is anticipated to be three days 
during January of 2014. The purpose of this closure is to remove the 
steel support beams of the existing Moses Wheeler Bridge southbound 
span. The three days will be weekdays and the closure will be in effect 
from 7 a.m. through 7 p.m.
    Entry into, anchoring, or movement within this RNA during a closure 
is prohibited unless authorized by the COTP or a designated 
representative.
    If the project is completed before November 30, 2017, the COTP will 
suspend enforcement of the RNA. The COTP will ensure that any notice of 
the suspension of enforcement reaches affected segments of the public 
by all appropriate means. Such means of notification could include, but 
would not be limited to, Broadcast Notice to Mariners and Local Notice 
to Mariners.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking will not be a 
significant regulatory action for the following reasons: Vessel traffic 
will only be restricted from the RNA for limited durations and the RNA 
covers only a small portion of the navigable waterways and all closures 
currently planned are scheduled during winter months when vessel 
traffic is low. Advanced public notifications will also be made to 
local mariners through appropriate means, which could include, but 
would not be limited to, Local Notice to Mariners and Broadcast Notice 
to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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. 
This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter 
or transit within the RNA during a vessel restriction period.
    The RNA would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The RNA 
would be of limited size and any waterway closure of short duration. 
Additionally, all closures currently planned are scheduled during 
winter months when vessel traffic is low, before the effective period 
of a waterway closure, advanced public notifications will be made to 
local mariners through appropriate means, which could include, but 
would not be limited to, Local Notice to Mariners and Broadcast Notice 
to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see

[[Page 1148]]

ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA)(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 restricting vessel movement within a 
regulated navigation area. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a 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.

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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0824 to read as follows:

Sec.  165.T01-0824  Regulated Navigation Area; Housatonic River Bridge 
Replacement Operations; Stratford, CT

    (a) Location. The following area is a regulated navigation area 
(RNA): All navigable waters of the Housatonic River between Stratford 
and Milford, CT, from bank to bank, surface to bottom; bounded to the 
north by the Metro North Railroad (RR) Bridge marked by a line 
connecting the following points: Point ``A'', 41[deg]12'17.19'' N, 
073[deg]06'40.29'' W western edge of the RR bridge in Stratford, CT, 
east to point ``B'', 41[deg]12'20.13'' N, 073[deg]6'29.05'' W eastern 
edge of the RR bridge in Milford CT; bounded to the south by a line 
connecting the following points: Point ``C'' 41[deg]12'14.36'' N, 
073[deg]06'41.06'' W western edge of construction trestle in Stratford, 
CT, east to point ``D'' 41[deg]12'15.86'' N, 073[deg]06'27.57'' W 
eastern bank of Housatonic River, Milford, CT.

[[Page 1149]]

All coordinates are North American Datum 1983.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 apply.
    (2) In accordance with the general regulations, entry into, 
anchoring, or movement within the RNA, during periods of enforcement, 
is prohibited unless authorized by the Captain of the Port Long Island 
Sound (COTP) or the COTP's designated representative.
    (3) During periods of enforcement, entry and movement within the 
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not 
produce more than a minimum wake and may not attain speeds greater than 
six knots unless a higher minimum speed is necessary to maintain 
steerageway when traveling with a strong current. In no case may the 
wake produced by the vessel be such that it creates a danger of injury 
to persons, or damage to vessels or structures of any kind.
    (4) During periods of enforcement, all persons and vessels must 
comply with all orders and directions from the COTP or the COTP's 
designated representative.
    (5) During periods of enforcement, upon being hailed by a Coast 
Guard vessel by siren, radio, flashing light or other means, the 
operator of the vessel must proceed as directed.
    (6) Persons and vessels may request permission to enter the RNA 
during periods of closure on VHF-16 or via phone at 203-468-4401.
    (7) Notwithstanding anything contained in this rule, the Rules of 
the Road (33 CFR part 84--Subchapter E, inland navigational rules) are 
still in effect and must be strictly adhered to at all times.
    (c) Effective period. This rule is effective from January 7, 2013 
through November 30, 2017.
    (d) Enforcement period. Except when suspended in accordance with 
paragraph (e) of this section, this RNA is enforceable 24 hours a day 
during the effective period.
    (e) Suspension of enforcement. The COTP may suspend enforcement of 
the RNA. If enforcement is suspended, the COTP will cause a notice of 
the suspension of enforcement by all appropriate means to promote the 
widest publicity among the affected segments of the public. Such means 
of notification may include, but are not limited to, Broadcast Notice 
to Mariners and Local Notice to Mariners. Such notifications will 
include the date and time that enforcement is suspended as well as the 
date and time that enforcement will resume.
    (f) Waterway closure. The COTP may temporarily suspend all traffic 
through the RNA for any situation that would pose imminent hazard to 
life on the navigable waters. In the event of a complete waterway 
closure, the COTP will make advance notice of the closure by all means 
available to promote the widest public distribution including, but not 
limited to, Broadcast Notice to Mariners and Local Notice to Mariners. 
Such notification will include the date and time of the closure as well 
as the date and time that normal vessel traffic can resume.
    (g) Violations of this RNA may be reported to the COTP, at 203-468-
4401 or on VHF-Channel 16. Persons in violation of this RNA may be 
subject to civil or criminal penalties.

    Dated: December 20, 2012.
T.J. Vitullo,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2013-00211 Filed 1-7-13; 8:45 am]
BILLING CODE 9110-04-P
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