[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26848-26851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10749]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0471]
RIN 1625-AA00
Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet;
Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Gerritsen Inlet surrounding the Belt Parkway Bridge. This
rule will allow the Coast Guard to prohibit all vessel traffic through
the safety zone during bridge replacement operations, both planned and
[[Page 26849]]
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 in the safety zone during the construction of the Belt Parkway
Bridge.
DATES: This rule is effective without actual notice from May 12, 2014
until September 30, 2017. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, April 30, 2014,
until May 12, 2014.
Comments and related material must be received by the Coast Guard
on or before June 11, 2014.
Requests for public meetings must be received by the Coast Guard on
or before June 2, 2014.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0471. 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 Mr. Jeff Yunker, Coast Guard Sector New York, Waterways
Management Division; telephone 718-354-4195, email
[email protected] or Chief Craig Lapiejko, Coast Guard First
District Waterways Management Branch, telephone 617-223-8351, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
NPRM Notice of Proposed Rulemaking
NYC DOT New York Department of Transportation
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 stamped,
self-addressed 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, on or before June 2, 2014, 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
On Friday, November 29, 2013 the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled, ``Safety Zone; Belt Parkway Bridge
Construction, Gerritsen Inlet, Brooklyn, NY'' in the Federal Register
(78 FR 71546). No public meetings were requested or held. No comments
were received. However the initial effective and enforcement periods
that were published are now delayed and shorter than those published in
the NPRM. The safety zone will now be effective from April 30, 2014 to
September 30, 2017. The Coast Guard will consider comments in issuing a
subsequent temporary interim rule or temporary final rule.
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. It would be impracticable and
[[Page 26850]]
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. The Coast Guard will enforce the safety zone
described in this rule to all vessel traffic during circumstances that
pose an imminent threat to waterway users operating in the area. The
Coast Guard will provide as much advanced notice as possible prior to
enforcement. Specific closure dates and times will be posted in the
Local Notice to Mariners and disseminated via a Safety Marine
Information Broadcast during each closure.
C. Basis and Purpose
The legal basis for this 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,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of this rulemaking is to ensure the safety of vessels
and workers from hazards associated with the bridge construction
operations in the safety zone.
D. Discussion of Comments, Changes, and the Interim Rule
For the reasons stated above, the Captain of the Port, Sector New
York, is establishing a temporary safety zone on the navigable waters
of Gerritsen Inlet surrounding the Belt Parkway Bridge. The effective
periods that were published in the NPRM are now delayed and shorter
than those previously published in the NPRM. The safety zone will be
effective from April 30, 2014 to September 30, 2017.
E. 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 or 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 would not be a
significant regulatory action for the following reasons: Vessel traffic
will only be restricted from the Safety Zone for limited durations and
the Safety Zone covers only a small portion of the navigable waterway.
Advanced public notifications would also be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice to Mariners and at http://homeport.uscg.mil/newyork.
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
received no comments from the Small Business Administration on this
rule. 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, transit, anchor or moor within, or upstream of the
safety zone during a vessel restriction period.
The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will be of limited size and most waterway closures will be
during times of reduced recreational boating traffic. The contractor
has hired outreach consultants to ensure local interests are regularly
notified of the project status and future impacts that can be expected.
Additionally, before the effective period of a waterway closure,
notifications will be made to local mariners through appropriate means.
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
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.
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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
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 and a categorical exclusion
determination supporting this 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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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 AREA
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0471 to read as follows:
Sec. 165.T01-0471 Safety Zone; Belt Parkway Bridge Construction,
Gerritsen Inlet, Brooklyn, NY.
(a) Location. The following area is a safety zone: All navigable
waters of Gerritsen Inlet: Southeast of a line from 40[deg]35'09.46''
N, 073[deg]54'53.92'' W to 40[deg]35'10.0'' N, 073[deg]54'44.5'' W and
Northwest of a line from 40[deg]35'04.88'' N, 073[deg]54'45.43'' W to
40[deg]35'10.34'' N, 073[deg]54'35.71'' W (NAD 83).
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port New York
(COTP), 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. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(c) Enforcement Periods. (1) This regulation is enforceable 24
hours a day from April 30, 2014 through September 30, 2017.
(2) Prior to commencing or suspending enforcement of this
regulation, the COTP and designated on-scene patrol personnel will
notify the public whenever the regulation is being enforced and
whenever enforcement is lifted, to include dates and times. The means
of notification will include, but are not limited to, Broadcast Notice
to Mariners and Local Notice to Mariners, Marine Safety Information
Bulletins, or other appropriate means.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) During periods of enforcement, all persons and vessels must
comply with all orders and directions from the COTP or a COTP's
designated representative.
(3) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of the vessel must proceed as directed.
Dated: April 30, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-10749 Filed 5-9-14; 8:45 am]
BILLING CODE 9110-04-P