Coast Guard, DHS.
Temporary final rule.
The Coast Guard is establishing a temporary safety zone on the navigable waters of the Mill River, in New Haven, CT for the English Station Emergency Environmental Response. This action is necessary to provide for the safety of life on navigable waters during the response. Entering into, transiting through, remaining, anchoring or mooring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound.
This rule is effective without actual notice from October 17, 2014 until November 30, 2014. For the purposes of enforcement, actual notice will be used from the date the rule was signed, October 3, 2014, until October 17, 2014.
Documents mentioned in this preamble are part of docket [USCG-2014-0917]. 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.
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FOR FURTHER INFORMATION CONTACT:
If you have questions on this rule, call or email Petty Officer Ian M. Fallon, Start Printed Page 62342Prevention Department, Coast Guard Sector Long Island Sound, 203 468-4565, Ian.M.Fallon@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
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Table of Acronyms
DHS Department of Homeland Security
COTP Captain of the Port
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
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 publishing an NPRM would be impracticable and contrary to the public interest. Because of the emergency nature of the incident that created the need for this safety zone, there is insufficient time for the Coast Guard to seek public comments. Publishing an NPRM and delaying the effective date of this rule to await public comments would inhibit the Coast Guard's ability to fulfill its statutory missions to protect ports, waterways, and the maritime public.
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. For the same reasons discussed in the preceding paragraph, delaying the effective date of this rule would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for this temporary rule is 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory safety zones.
On September 15, 2014 the U.S. Coast Guard Sector Long Island Sound was contacted by personnel from Connecticut Department of Energy and Environmental Response (CT DEEP). The CT DEEP personnel were overseeing an environmental response at English Station, a decommissioned electrical power plant located in New Haven, CT. While on site, the CT DEEP personnel discovered a storm drain on the property that was contaminated with oil. The English Station site is contaminated with Polychlorinated Biphenyls (PBC) which may have contaminated the petroleum products. After Coast Guard personnel examined the site it was determined by the COTP, Sector Long Island Sound, that Coast Guard emergency response was necessary to protect the public and environment from the imminent and substantial threat of oil discharge from the main building and potential hazardous substance release.
On September 24, 2014 the U.S. Coast Guard Sector Long Island Sound deployed boom surrounding the English Station site to contain any oil discharges and hazardous substances releases into the Mill River. The COTP has determined that a safety zone is necessary to protect the public from the safety hazards created by this emergency and preserve the function of the boom deployed around this site.
C. Discussion of the Temporary Final Rule
For the reasons discussed above, the COTP is establishing a temporary safety zone on the Mill River in the vicinity of English Station in New Haven, CT. This safety zone will be bound inside of an area that starts at a point on land at position 41°18′30.46″ N, 072°54′22.80″ W and then south along the shoreline to a point on land at position 41°18′20.21″ N, 072°54′22.14″ W and then west along the shoreline to a point on land at position 41°18′21.08″ N, 072°54′26.84″ W and then north along the shoreline to a point on land at position 41°18′30.12″ N, 072°54′27.59″ W and then east across land back to point of origin. Containment boom used in this emergency environmental response will mark the bounds of this safety zone. The containment boom is anchored onsite and marked with amber flashing lights for nighttime visibility.
No vessel may enter, transit, moor, or anchor within safety zone during the period of enforcement unless authorized by the COTP or designated representative.
The COTP will cause public notifications to be made by all appropriate means including but not limited to Broadcast Notice to Mariners.
D. 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 rule is not a significant regulatory action for the following reasons: The safety zone will be of relatively short in duration and covers only a small portion of the navigable waterways. Furthermore, vessels may transit the navigable waterway outside of the safety zone. Moreover, vessels desiring entry into the safety zone may be authorized to do so by the COTP or designated representative. Advanced public notifications will also be made to the local maritime community by 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 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.
This rule will affect the following entities, some of which may be small entities: owners and operators of vessels intending to transit or anchor in the Mill River in the vicinity of English Station. The temporary safety zone will not have a significant economic impact on a substantial number of small entities for all the reasons discussed in the REGULATORY PLANNING AND REVIEW section above.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity Start Printed Page 62343and that this rule would have a significant economic impact on it, please submit a comment (see 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).
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 INTFORMATION 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.
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 the establishment of a safety zone. 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 will be 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.
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End List of Subjects
- Marine safety
- Navigation (water)
- Reporting and recordkeeping requirements
- Security measures
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
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1. The authority citation for Part 165 continues to read as follows: End Amendment Part
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2. Add § 165.T01-0917 to read as follows: End Amendment Part
Safety Zone; English Station Emergency Environmental Response, Mill River, New Haven, CT.
(a) Location. The following area is a safety zone: All waters from surface to bottom within the Mill River, from the shoreline of the English Station emergency response site. and extending towards the water 5 feet past the containment boom surrounding the site. The English Station emergency response site is bound inside of an area that starts at a point on land at position 41°18′30.46″ N, 072°54′22.80″ W and then south along the shoreline to a point on land at position 41°18′20.21″ N, 072°54′22.14″ W and then west along the shoreline to a point on land at position 41°18′21.08″ N, 072°54′26.84″ Start Printed Page 62344W and then north along the shoreline to a point on land at position 41°18′30.12″ N, 072°54′27.59″ W and then east across land back to point of origin (NAD). All positions are approximate.
(b) Effective and enforcement period. This rule will be effective and enforced from 1:00 p.m. on October 3, 2014 to 11:59 p.m. on November 30, 2014.
(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. The containment boom used in this emergency environmental response and utilized as a landmark for this safety zone is composed of harbor boom sections surrounding the English Station starting near the northeastern corner of the site, extending south towards the southeastern corner, and then extending west towards the southwestern corner and then extending north towards the northwestern corner and ending there. The containment boom is anchored onsite and marked with amber flashing lights for nighttime visibility. Vessels not engaged in the English Station Emergency Environmental Response are to stay at least 5 feet away from the containment boom.
(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, Southeastern 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.
(4) 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.
(5) 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.
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Dated: October 3, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound.
[FR Doc. 2014-24768 Filed 10-16-14; 8:45 am]
BILLING CODE 9110-04-P