Rule2024-11336
Safety Zone; Thames River, Groton, CT
Primary source
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Published
May 23, 2024
Effective
May 23, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 101 (Thursday, May 23, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#7c311d0e17523d522c1d1b19083c090f1f1b52111510"><span class="__cf_email__" data-cfemail="dc91bdaeb7f29df28cbdbbb9a89ca9afbfbbf2b1b5b0">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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]
BILLING CODE 9110-04-P
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