
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26848-26851]
From the Federal Register Online via the Government Printing 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 
jeff.m.yunker@uscg.mil or Chief Craig Lapiejko, Coast Guard First 
District Waterways Management Branch, telephone 617-223-8351, email 
craig.d.lapiejko@uscg.mil. 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.

[[Page 26851]]

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


