
[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43250-43255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17600]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0705]
RIN 1625 AA00; 1625-AA11


Regulated Navigation Area and Safety Zone: Tappan Zee Bridge 
Construction Project, Hudson River; South Nyack and Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is revising the current regulated navigation 
area (RNA) for the navigable waters of the Hudson River surrounding the 
Tappan Zee Bridge. First, the Coast Guard is establishing a new safety 
zone surrounding commercial mooring buoys installed for the ongoing 
Tappan Zee Bridge replacement project. The safety zone will prohibit 
all vessel traffic that could pose an imminent hazard to persons and 
vessels that will be transiting to and from the bridge site and 
maneuvering in close quarters between other construction vessels and 
large mooring buoys. Second, the Coast Guard is expanding the size of 
the current RNA and designating two areas within the RNA, the Eastern 
RNA and the Western RNA, based upon their respective locations in 
relation to the new safety zone. This rule is necessary to provide for 
the safety of life in the RNA and safety zone during the construction 
of the New NY Bridge and demolition of the existing Tappan Zee Bridge.

DATES: This rule is effective without actual notice from July 25, 2014 
until December 31, 2018. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, July 3, 2014 until July 
25, 2014.
    Comments and related material will be accepted and reviewed by the 
Coast Guard through September 23, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2013-0705. 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.,

[[Page 43251]]

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 Chief Craig Lapiejko, Waterways Management at Coast Guard 
First District, telephone 617-223-8351, email craig.lapiejko@uscg.mil 
or, Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management 
Division, U.S. Coast Guard; telephone 718-354-4195, email 
jeff.m.yunker@uscg.mil. 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

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYSTA New York State Thruway Authority
RNA Regulated Navigation Area
TIR Temporary Interim Rule

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. But you may 
submit a request for one, 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 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 September 26, 2013, the Coast Guard published a temporary 
interim rule (TIR) establishing a regulated navigation area (RNA) at 33 
CFR 165.T01-0705 for the Tappan Zee Bridge replacement project in that 
waterway (78 FR 59231). We received no comments on the September 26, 
2013 TIR. No public meeting was requested, and none was held. Today's 
TIR revises the September 26, 2013 RNA on the Hudson River due to 
changed circumstances in the construction project discussed below.
    The Coast Guard is issuing this TIR 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. Construction on the 
Tappan Zee Bridge replacement project began on October 1, 2013. The 
construction project has grown to include the installation of 16 
commercial mooring buoys and an increase in the number of construction 
vessels to 100 or more vessels. These changes present new safety 
hazards and risks. It would be impracticable to delay promulgating this 
rule, as the RNA and safety zone are 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. For these reasons, 
the Coast Guard believes it is impracticable and

[[Page 43252]]

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.
    For the same reasons mentioned above, 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.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1221 et. seq., 
and Department of Homeland Security Delegation No. 0170.1, the Coast 
Guard has the authority to establish RNAs and safety zones.
    This rule is prompted by the navigation safety situation created by 
the construction of the New NY Bridge to replace the existing Tappan 
Zee Bridge. Construction on the project began on October 1, 2013, and 
is expected to run through December 31, 2018.
    The Coast Guard has discussed this project with the New York State 
Thruway Authority (NYSTA) and Tappan Zee Constructors, LLC, to 
determine whether the project can be completed without channel closures 
or waterway restrictions. While the majority of construction activities 
during the span of this project will not require waterway closures, 
there are certain tasks that can only be completed in the channel or 
surrounding installed commercial mooring buoys and will require closing 
the waterway. The construction of the bridge will be extremely complex 
and presents many safety hazards including overhead crane operations, 
overhead cutting operations, potential falling debris, construction 
vessels maneuvering and transiting between the bridge site and 
commercial mooring buoys installed upstream and downstream from the 
construction site, and barges positioned in the channel with a 
restricted ability to maneuver. In addition to regular construction 
activities, at present, NYSTA and Tappan Zee Constructors, LLC expect 
to request waterway closures of the Federal Channel between March 2015 
and October 2016. The channel closures will be necessary during heavy 
lift operations conducted over the channel and are expected to be 
conducted during daylight hours. These closures will be closely 
coordinated with mariners in advance so they can alter their transit 
schedules. Mariners that may safely navigate outside the Federal 
channel would still be able to transit through the RNAs, during these 
heavy lift operations.

D. Discussion of the Interim Rule

    The Coast Guard is revising the existing Regulated Navigation Area 
surrounding the Tappan Zee Bridge construction project to expand the 
size of the RNA to all waters of the Hudson River within 500 yards of 
the existing Tappan Zee Bridge. (The existing RNA includes all waters 
of the Hudson River within 200 yards south, and 300 yards north, of the 
existing Tappan Zee Bridge.) The expansion is necessary due to 
installation of 16 commercial mooring buoys, and the increase in the 
number of construction vessels operating within the RNA and safety zone 
to 100 or more vessels. Additionally, the RNA will be divided into the 
Western RNA and Eastern RNA, based upon their respective locations in 
relation to the safety zone. This is intended to reduce public 
confusion that may be created with establishing the NYSTA requested 
safety zone and Eastern and Western RNA areas in the same area of the 
Hudson River. As requested by the NYSTA, the RNA and safety zone would 
have overlapped and would have established different operating 
restrictions on vessels not involved with the project. This would have 
likely led to confusion among mariners when determining which 
regulations apply to them if they were within the area where the RNA 
and safety zone overlapped.
    Additionally, the Coast Guard is establishing a new safety zone on 
the navigable waters of the Hudson River on the western side of the 
Hudson River, north and south of the Tappan Zee Bridge, NY. Entry into, 
anchoring, or movement within this safety zone is prohibited by all 
vessels not working on the Tappan Zee Bridge construction project. The 
safety zone surrounds 16 mooring buoys that are being installed for 
this project. These moorings will be used as a staging site for barges 
holding material used to build the New NY Bridge and demolish the 
existing Tappan Zee Bridge. During peak operations, 100 or more vessels 
may be within the RNAs, safety zone, or transiting to, or from, the 
RNAs and safety zone.
    The Coast Guard is making these revisions to maintain safe 
navigation in the project area, and to prevent accidental or 
intentional damage to persons or property on the work site. The ongoing 
operations, increase in the number of construction vessels on site, and 
installation of the 16 mooring buoys within the RNA and safety zone, 
are by their nature, hazardous and pose risks both to recreational and 
commercial traffic as well as to the construction crew. In order to 
mitigate the inherent risks involved with the removal of a bridge, and 
installation of the New NY Bridge, it is necessary to control vessel 
movement through the area. The purpose of this TIR is to ensure the 
safety of waterway users, the public, and construction workers for the 
duration of the New NY Bridge construction and Tappan Zee Bridge 
demolition.
    Heavy-lift operations are sensitive to water movement, and wake 
from passing vessels could pose significant risk of injury or death to 
construction workers. In order to minimize such unexpected or 
uncontrolled movement of water, any vessel transiting through the 
Western RNA must make a direct and expeditious passage. No vessel may 
stop, moor, anchor or loiter within the RNA at any time unless they are 
working on the bridge construction operations.
    Similarly, any vessel transiting through the Eastern RNA must make 
a direct and expeditious passage. No vessel may stop, moor, anchor or 
loiter within the RNA at any time unless they are working on the bridge 
construction operations or they are anchoring within the special 
anchorage area codified in 33 CFR 110.60(c)(8) located on the eastern 
shoreline at Tarrytown, NY and within the boundaries of the Eastern 
RNA.
    If the project is completed before December 31, 2018, the COTP will 
suspend enforcement of the Eastern or Western RNA and safety zone. The 
COTP will notify the affected segments of the public of any suspension 
of enforcement by appropriate means. Such means of notification could 
include, but would not be limited to, Broadcast Notice to Mariners and 
Local Notice to Mariners.
    The COTP maintains a telephone line that is staffed 24 hours a day, 
seven days a week. The public can obtain information concerning 
enforcement of the regulated navigation area and safety zone by 
contacting the Coast Guard Sector New York Command Center at (718) 354-
4353.

E. 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

[[Page 43253]]

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 
would only be restricted from the Eastern RNA for limited durations. 
The Eastern RNA covers only a small portion of the navigable waterway 
which includes the Federal navigation channel. Furthermore, while the 
Federal navigation channel is closed, vessels that can safely navigate 
outside the Federal navigation channel would still be able to transit 
through the Western RNA or the portion of the Eastern RNA which does 
not encompass the Federal navigable channel.
    Advance public notifications will also be made to local mariners 
through appropriate means, which may include but are not limited to, 
Local Notice to Mariners and 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 Coast Guard 
received no comments from the Small Business Administration on the 
September 26, 2013 TIR. 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 would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor or moor within the Eastern or Western RNA or safety 
zone.
    The Eastern and Western RNA and safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The Eastern and Western RNAs and safety zone 
will be of limited size and any closures of the Federal navigation 
channel will be of short duration. Mariners that can safely navigate 
outside the Federal navigation channel would still be able to transit 
through the Western RNA and that portion of the Eastern RNA which does 
not encompass the Federal Restricted channel. Before the effective 
period of a waterway closure, advanced public notifications may be made 
to local mariners through appropriate means, which could include, but 
would not be limited to, Local Notice to Mariners, Broadcast Notice to 
Mariners, and the Boater Safety Information section of the project Web 
site at http://www.newnybridge.com. Individuals may also subscribe for 
email updates for the project in the ``contact us'' section of the 
project Web site.
    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.

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 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.

[[Page 43254]]

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 
regulated navigation area and 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 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

    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; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Revise Sec.  165.T01-0174 to read as follows:


Sec.  165.T01-0174  Regulated Navigation Areas and Safety Zone Tappan 
Zee Bridge Construction Project, Hudson River; South Nyack and 
Tarrytown, NY.

    (a) Regulated Navigation Area Boundaries. The following are 
regulated navigation areas:
    (1) Western RNA: all waters bound by the following approximate 
positions: 41[deg]04'39.16'' N, 073[deg]55'00.68'' W on the western 
shoreline; thence to 41[deg]04'28.34'' N, 073[deg]54'47.18'' W; thence 
to 41[deg]04'11.28'' N, 073[deg]54'48.00'' W; thence to 
41[deg]03'57.26'' N, 073[deg]54'40.73'' W; thence to 41[deg]03'57.36'' 
N, 073[deg]54'47.38'' W; thence to 41[deg]03'58.66'' N, 
073[deg]54'56.14'' W; thence to 41[deg]04'03.00'' N, 073[deg]55'07.60'' 
W; thence to a point on the western shoreline at 41[deg]04'06.69'' N, 
073[deg]55'14.10'' W; thence northerly along the shoreline to the point 
of origin (NAD 83).
    (2) Eastern RNA: all waters bound by the following approximate 
positions: 41[deg]04'21.96'' N, 073[deg]52'03.25'' W on the eastern 
shoreline; thence to 41[deg]04'26.27'' N, 073[deg]52'19.82'' W; thence 
to 41[deg]04'26.53'' N, 073[deg]53'20.07'' W; thence to 
41[deg]03'56.92'' N, 073[deg]53'18.84'' W; thence to 41[deg]03'56.69'' 
N, 073[deg]52'24.75'' W; thence to a point on the eastern shoreline at 
41[deg]03'46.91'' N, 073[deg]52'05.89'' W; thence northerly along the 
shoreline to the point of origin (NAD 83).
    (b) Safety Zone Boundaries. The following is a Safety Zone: all 
waters bound by the following approximate positions: 41[deg]04'59.70'' 
N, 073[deg]54'45.54'' W; thence to 41[deg]05'00.18'' N, 
073[deg]53'21.48'' W; thence to 41[deg]03'09.24'' N, 073[deg]53'16.86'' 
W; thence to 41[deg]03'07.08'' N, 073[deg]54'14.70'' W; thence to 
41[deg]04'11.28'' N, 073[deg]54'48.00'' W; thence to the point of 
origin (NAD 83).
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13, 165.20 and 165.23 apply.
    (2) Any vessel transiting through the Western RNA must make a 
direct and expeditious passage. No vessel may stop, moor, anchor or 
loiter within the RNA at any time unless they are working on the bridge 
construction operations.
    (3) Any vessel transiting through the Eastern RNA must make a 
direct and expeditious passage. No vessel may stop, moor, anchor or 
loiter within the RNA at any time unless they are working on the bridge 
construction operations or they are transiting to, or from, the special 
anchorage area codified in 33 CFR 110.60(c)(8) located on the eastern 
shoreline at Tarrytown, NY and within the boundaries of the RNA.
    (4) Entry and movement within the Eastern RNA or Western RNA is 
subject to a ``Slow-No Wake'' speed limit. All vessels may not produce 
a wake and may not attain speeds greater than five knots unless a 
higher minimum speed is necessary to maintain steerageway. All vessels 
must proceed through the Eastern RNA and Western RNA with caution and 
operate in such a manner as to produce no wake.
    (5) Entry into, anchoring, loitering, or movement within the Safety 
Zone is prohibited unless the vessel is working on the bridge 
construction operations or authorized by the Captain of the Port New 
York (COTP) or his designated representative.
    (6) All persons and vessels must comply with all orders and 
directions from the COTP or the COTP's designated representative. The 
``designated representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
COTP to act on the COTP's behalf. The designated representative may be 
on a Coast Guard vessel or New York State Police, Westchester County 
Police, Rockland County Police, or other designated craft; or may be on 
shore and will communicate with vessels via VHF-FM radio or loudhailer. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation.
    (7) Upon being hailed by a Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (8) For the purpose of this regulation, the Federal navigation 
channel, located in the Eastern RNA is marked by the red and green 
navigation lights on the existing Tappan Zee Bridge, and the New NY 
Bridge. As the project progresses, the Federal navigation channel will 
be intermittently closed, or partially restricted, to all vessel 
transits. While the Federal navigation channel is closed, vessels that 
can safely navigate outside the Federal navigation channel would still 
be able to transit through the Eastern RNA. These closures or partial 
restrictions are tentatively scheduled to take place between March 2015 
and October 2016. The COTP will cause a notice of the channel closure 
or restrictions by appropriate means to the affected segments of the 
public. Such means of notification may include, but are not limited to, 
Broadcast Notice to Mariners and Local Notice to Mariners.
    (9) Notwithstanding anything contained in this section, the Rules 
of the Road (33 CFR part 84--Subchapter E, inland navigational rules) 
are still in

[[Page 43255]]

effect and must be strictly adhered to at all times.
    (d) Enforcement periods. This regulation will be enforced 24 hours 
a day from 5:00 a.m. on July 3, 2014 until 11:59 p.m. on December 31, 
2018.
    (1) Notice of suspension of enforcement: If enforcement is 
suspended, the COTP will cause a notice of the suspension of 
enforcement by appropriate means to the affected segments of the 
public. Such means of notification may include, but are not limited to, 
Broadcast Notice to Mariners and Local Notice to Mariners. Such 
notification will include the date and time that enforcement will be 
suspended as well as the date and time that enforcement will resume.
    (2) Violations of this regulation may be reported to the COTP at 
718-354-4353 or on VHF-Channel 16.

    Dated: July 3, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-17600 Filed 7-24-14; 8:45 am]
BILLING CODE 9110-04-P


