Safety Zone; St. Lawrence River, Massena, NY

Issuing agencies

Abstract

The Coast Guard is establishing two temporary safety zones for U.S. navigable waters on the St. Lawrence River in the vicinity of Massena, New York. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards associated with the replacement of overhead electrical transmission wires crossing the St. Lawrence River. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Eastern Great Lakes, or their designated representative.

Full Text

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Rules and Regulations]
[Pages 62314-62316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20122]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1271]
RIN 1625-AA00


Safety Zone; St. Lawrence River, Massena, NY

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for 
U.S. navigable waters on the St. Lawrence River in the vicinity of 
Massena, New York. The safety zones are needed to protect personnel, 
vessels, and the marine environment from potential hazards associated 
with the replacement of overhead electrical transmission wires crossing 
the St. Lawrence River. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Sector Eastern Great Lakes, or their designated representative.

DATES: This rule is effective without actual notice from September 30, 
2026 through October 3, 2026. For the purposes of enforcement, actual 
notice will be used from September 29, 2026, until September 30, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1271.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
contact MST1 Shawn Keeman, Marine

[[Page 62315]]

Safety Unit 1000 Islands Waterways Management Division, U.S. Coast 
Guard; telephone 774-8532, or email <a href="/cdn-cgi/l/email-protection#f8ab90998f96d6aad6b39d9d959996b88d8b9b9fd6959194"><span class="__cf_email__" data-cfemail="c093a8a1b7aeee92ee8ba5a5ada1ae80b5b3a3a7eeada9ac">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
NYPA New York Power Authority

II. Background and Authority

    The Coast Guard received notification that NYPA is conducting work 
to replace overhead electrical transmission wires crossing the St. 
Lawrence River in the vicinity of Massena, NY. Hazards from this 
project include but are not limited to deployment of personnel, heavy 
equipment, and various other activities across navigable waters which 
create hazards for workers and the public. The Captain of the Port 
(COTP) Sector Eastern Great Lakes, after completing consultation with 
the Great Lakes St. Lawrence Seaway Development Corporation, has 
determined that potential hazards associated with the replacement of 
overhead electrical transmission wires are a safety concern for anyone 
within the work area. Therefore, the COTP is issuing this rule under 
the authority in 46 U.S.C. 70034, which is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone.
    Because of these potential hazards, the Coast Guard is issuing this 
rule without prior notice and comment. As is authorized by 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 it is impracticable. The Coast Guard was notified of this 
event on September 16, 2026, but we must establish this safety zone by 
September 29, 2026, to protect personnel, vessels, and the marine 
environment. Therefore, we do not have enough time to solicit and 
respond to comments.
    For the same reason, the Coast Guard finds that under 5 U.S.C. 
553(d)(3), good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

III. Discussion of the Rule

    This rule establishes two safety zones from September 29, 2026 
through October 3, 2026. The days of enforcement will depend on the 
weather conditions and will be announced to the public in advance. The 
time of enforcement will be from 6:00 a.m. to 4:00 p.m. each day the 
zones are enacted. Safety Zone A will cover all U.S. navigable waters 
in the St. Lawrence River within the following points: Point 1 at 
45[deg]00'2.9'' N, 74[deg]47'11.1'' W, along the shoreline to Point 2 
at 45[deg]00'3'' N, 74[deg]47'7.9'' W, thence to Point 3 at 
45[deg]00'17.1'' N, 74[deg]47'6.7'' W, thence to Point 4 at 
45[deg]00'17'' N, 74[deg]47'9.8'' W, thence returning to Point 1. 
Safety Zone B will cover all U.S. navigable waters in the St. Lawrence 
River within the following points: Point 1 at 44[deg]59'49.3'' N, 
74[deg]48'2.1'' W, along the shoreline to Point 2 at 44[deg]59'49.8'' 
N, 74[deg]47'59.4'' W, thence to Point 3 at 45[deg]00'5'' N, 
74[deg]48'5.1'' W, along the shoreline to Point 4 at 45[deg]00'4.5'' N, 
74[deg]48'7.9'' W, thence returning to Point 1. Vessels and persons 
will not be allowed to enter the zone during this time, unless 
authorized by the Captain of the Port.

IV. 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.

A. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that 
are not subject to notice and comment. Because the Coast Guard has, for 
good cause, waived the notice and comment requirement that would 
otherwise apply to this rulemaking, the Regulatory Flexibility Act's 
flexibility analysis provisions do not apply here.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your 
small business, organization, or governmental jurisdiction and you have 
questions, contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section.
    Small businesses may send comments to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in that 
Order.
    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.

D. Unfunded Mandates Reform Act

    As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538), the Coast Guard certifies that this rule will not result in 
an annual expenditure of $100,000,000 or more (adjusted for inflation) 
by a State, local, or tribal government, in the aggregate, or by the 
private sector.

E. 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 et seq.), 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 is a safety zone. 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.

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:

[[Page 62316]]

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; DHS Delegation No. 00170.1, Revision No. 01.4.


0
2. Add Sec.  165.T09-1271 to read as follows:


Sec.  165.T09-1271   Safety Zone; St. Lawrence River, Massena, NY.

    (a) Location. The following areas are safety zones:
    (1) Safety Zone A: All U.S. waters of the St. Lawrence River from 
surface to bottom, encompassed by a line connecting the following 
points beginning at 45[deg]00'2.9'' N, 74[deg]47'11.1'' W, along the 
shoreline to 45[deg]00'3'' N, 74[deg]47'7.9'' W, thence to 
45[deg]00'17.1'' N, 74[deg]47'6.7'' W, thence to 45[deg]00'17 '' N, 
74[deg]47'9.8'' W, and thence back to the beginning point.
    (2) Safety Zone B: All U.S. waters of the St. Lawrence River from 
surface to bottom, encompassed by a line connecting the following 
points beginning at 44[deg]59'49.3'' N, 74[deg]48'2.1'' W, along the 
shoreline to 44[deg]59'49.8'' N, 74[deg]47'59.4'' W, thence to 
45[deg]00'5'' N, 74[deg]48'5.1'' W, along the shoreline to 
45[deg]00'4.5'' N, 74[deg]48'7.9'' W; and thence back to the beginning 
point.
    These coordinates are based on the World Geodetic System (WGS 84)/
North American Datum 83 (NAD 83).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Eastern Great Lakes (COTP) in the 
enforcement of the safety zone.
    (c) 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 COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF-FM channel 16 or by telephone at 315-774-8540. 
Those in the safety zones must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement periods. This section will be enforced from 
September 29, 2026 through October 3, 2026, each day from 6:00 a.m. to 
4:00 p.m.

Matthew J. Walter,
Captain, U.S. Coast Guard, Captain of the Port Sector Eastern Great 
Lakes.
[FR Doc. 2026-20122 Filed 9-30-26; 8:45 am]
BILLING CODE 9110-04-P


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