[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62341-62344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24768]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0917]
RIN 1625-AA00
Safety Zone; English Station Emergency Environmental Response;
Mill River; New Haven, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: 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.
DATES: 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.
ADDRESSES: 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ian M. Fallon,
[[Page 62342]]
Prevention Department, Coast Guard Sector Long Island Sound, 203 468-
4565, [email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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[deg]18'30.46'' N,
072[deg]54'22.80'' W and then south along the shoreline to a point on
land at position 41[deg]18'20.21'' N, 072[deg]54'22.14'' W and then
west along the shoreline to a point on land at position
41[deg]18'21.08'' N, 072[deg]54'26.84'' W and then north along the
shoreline to a point on land at position 41[deg]18'30.12'' N,
072[deg]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
[[Page 62343]]
and 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).
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
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.
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 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.
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; and Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T01-0917 to read as follows:
Sec. 165.T01-0917 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[deg]18'30.46'' N,
072[deg]54'22.80'' W and then south along the shoreline to a point on
land at position 41[deg]18'20.21'' N, 072[deg]54'22.14'' W and then
west along the shoreline to a point on land at position
41[deg]18'21.08'' N, 072[deg]54'26.84''
[[Page 62344]]
W and then north along the shoreline to a point on land at position
41[deg]18'30.12'' N, 072[deg]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.
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]
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