80_FR_13358 80 FR 13309 - Safety Zone; Shore (Belt) Parkway Bridge Construction, Mill Basin; Brooklyn, NY

80 FR 13309 - Safety Zone; Shore (Belt) Parkway Bridge Construction, Mill Basin; Brooklyn, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13309-13312
FR Document2015-05800

The Coast Guard proposes to establish a safety zone on the navigable waters of Mill Basin surrounding the Belt Parkway Bridge. In response to a planned Belt Parkway Bridge construction project, this rule would allow the Coast Guard to prohibit all vessel traffic through the safety zone during bridge replacement operations, both planned and 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 vicinity of the construction of the Belt Parkway Bridge.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Proposed Rules]
[Pages 13309-13312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05800]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1044]
RIN 1625-AA00


Safety Zone; Shore (Belt) Parkway Bridge Construction, Mill 
Basin; Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of Mill Basin surrounding the Belt Parkway Bridge. In 
response to a planned Belt Parkway Bridge construction project, this 
rule would allow the Coast Guard to prohibit all vessel traffic through 
the safety zone during bridge replacement operations, both planned and 
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 vicinity of the construction of the Belt Parkway Bridge.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 12, 2015.
    Requests for public meetings must be received by the Coast Guard on 
or before April 3, 2015.

ADDRESSES: 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, 
contact LT Hannah Eko, Coast Guard Sector New York; telephone (718) 
354-4114, or email [email protected]. 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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

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 [USCG-2014-1044] 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.

[[Page 13310]]

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 (USCG-2014-1044) 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 do not now 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

    A Coast Guard Public Notice detailing work on the portion of the 
Belt Parkway Bridge over Mill Basin was published on 31 July 2007.

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; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define regulatory safety zones.
    The purpose of this rulemaking is to ensure the safety of vessels 
and workers from hazards associated with construction on the Belt 
Parkway Bridge.

D. Discussion of Proposed Rule

    The proposed rule will give the Captain of the Port (COTP) New York 
the authority to prohibit vessel traffic on this portion of Mill Basin 
when necessary for the safety of vessels and workers during 
construction work in the channel. The Coast Guard will close the 
designated area to all traffic during any circumstance, planned or 
unforeseen, that poses an imminent threat to waterway users or 
construction operations in the area. Complete waterway closures will be 
minimized to that period absolutely necessary and made with as much 
advanced notice as possible. During closures there will not be enough 
space for mariners to transit through the safety zone between the 
construction vessels and the current bridge piers.
    The COTP would notify the public of the enforcement of this safety 
zone by publishing a Notice of Enforcement (NOE) in the Federal 
Register and via the other means listed in 33 CFR 165.7. Such 
notifications would include the date and times of enforcement, along 
with any pre-determined conditions of entry.
    A navigation safety situation created by construction of the new 
Belt Parkway Bridge and removal of the current Belt Parkway Bridge 
prompted the proposed rule. This bridge carries the Shore Parkway (also 
referred to as the Belt Parkway) over Mill Basin. The current Belt 
Parkway Bridge was built in 1940 and no longer meets current federal 
and state safety standards. The New York City Department of 
Transportation (NYC DOT) will hire contractors to construct a new fixed 
bridge approximately 100 feet west of the current bridge and remove the 
current movable, bascule bridge. This new bridge will represent an 
increase of about 1,780 feet in length over the existing bridge and an 
increase of about 46 feet in width. Construction is scheduled to begin 
mid to late 2015. Scheduled completion of the new bridge and removal of 
the old bridge is 2021.
    The Coast Guard has discussed this project with NYC DOT to 
determine whether the project can be completed without channel closures 
and, if possible, what impact that would have on the project timeline. 
Through these discussions, it became clear that while the majority of 
construction activities during the span of this project would not 
require waterways closures, there are certain tasks that can only be 
completed in the channel and will require closing the waterway.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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 expects the economic impact of this proposed rule 
to be minimal as this proposed safety zone will be limited to the Mill 
Basin area, closures will mostly occur during weekdays when traffic is 
low, and most waterway closures will be during times of reduced 
recreational boating traffic.
    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 which 
would allow the public an opportunity to plan for these closures.

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 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. For all of the reasons discussed in the REGULATORY PLANNING AND 
REVIEW section, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    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 proposed rule. If the rule would affect 
your small business, organization, or governmental

[[Page 13311]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves the 
establishment of a safety zone and thus, is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination will be 
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 proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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 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.T01-1044 to read as follows:


Sec.  165.T01-1044  Safety Zone; Belt Parkway Bridge Construction, Mill 
Basin, Brooklyn, NY.

    (a) Location. The following area is a safety zone: All waters from 
surface to bottom of Mill Basin within 200 yards of the Belt Parkway 
Mill Basin bridge, east of a line drawn from 40-36-24.29'' N, 73-54-
02.59'' W to 40-36-11.36'' N, 073-54-04.69'' W, and west of a line 
drawn from 40-36-21.13'' N, 073-53-47.38'' W to 40-36-11.59'' N, 073-
53-48.88'' W.
    (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 (COTP) 
New York, 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 safety zone is in effect 
permanently 1 June 2015 but will only be enforced when deemed necessary 
by the COTP.
    (2) The COTP will notify the public of the enforcement of this 
safety zone by publishing a Notice of Enforcement (NOE) in the Federal 
Register and via the other means listed in 33 CFR 165.7.

[[Page 13312]]

Such notifications will include the date and times of enforcement, 
along with any pre-determined conditions of entry.
    (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: March 3, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-05800 Filed 3-12-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                          Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules                                         13309

                                                their use to process transactions                       DEPARTMENT OF HOMELAND                                Collins, Program Manager, Docket
                                                involving Banca Privada d’Andorra. At                   SECURITY                                              Operations, telephone (202) 366–9826.
                                                a minimum, that special due diligence                                                                         SUPPLEMENTARY INFORMATION:
                                                must include:                                           Coast Guard
                                                  (A) Notifying those foreign                                                                                 Table of Acronyms
                                                                                                        33 CFR Part 165
                                                correspondent account holders that the                                                                        DHS Department of Homeland Security
                                                covered financial institution knows or                  [Docket Number USCG–2014–1044]                        FR Federal Register
                                                has reason to know provide services to                                                                        NPRM Notice of Proposed Rulemaking
                                                Banca Privada d’Andorra that such                       RIN 1625–AA00
                                                                                                                                                              A. Public Participation and Request for
                                                correspondents may not provide Banca                    Safety Zone; Shore (Belt) Parkway                     Comments
                                                Privada d’Andorra with access to the                    Bridge Construction, Mill Basin;
                                                correspondent account maintained at                     Brooklyn, NY                                            We encourage you to participate in
                                                the covered financial institution; and                                                                        this rulemaking by submitting
                                                  (B) Taking reasonable steps to identify               AGENCY:   Coast Guard, DHS.                           comments and related materials. All
                                                any use of its foreign correspondent                    ACTION:   Notice of proposed rulemaking.              comments received will be posted
                                                accounts by Banca Privada d’Andorra,                                                                          without change to http://
                                                                                                        SUMMARY:    The Coast Guard proposes to               www.regulations.gov and will include
                                                to the extent that such use can be                      establish a safety zone on the navigable
                                                determined from transactional records                                                                         any personal information you have
                                                                                                        waters of Mill Basin surrounding the                  provided.
                                                maintained in the covered financial                     Belt Parkway Bridge. In response to a
                                                institution’s normal course of business.                planned Belt Parkway Bridge                           1. Submitting Comments
                                                  (ii) A covered financial institution                  construction project, this rule would
                                                                                                        allow the Coast Guard to prohibit all                    If you submit a comment, please
                                                shall take a risk-based approach when
                                                                                                        vessel traffic through the safety zone                include the docket number for this
                                                deciding what, if any, other due
                                                                                                        during bridge replacement operations,                 rulemaking, indicate the specific section
                                                diligence measures it reasonably must
                                                                                                        both planned and unforeseen, that could               of this document to which each
                                                adopt to guard against the use of its
                                                                                                        pose an imminent hazard to persons and                comment applies, and provide a reason
                                                foreign correspondent accounts to                                                                             for each suggestion or recommendation.
                                                process transactions involving Banca                    vessels operating in the area. This rule
                                                                                                        is necessary to provide for the safety of             You may submit your comments and
                                                Privada d’Andorra.                                                                                            material online at http://
                                                                                                        life in the vicinity of the construction of
                                                  (iii) A covered financial institution                 the Belt Parkway Bridge.                              www.regulations.gov, or by fax, mail, or
                                                that obtains knowledge that a foreign                                                                         hand delivery, but please use only one
                                                                                                        DATES: Comments and related material
                                                correspondent account may be being                                                                            of these means. If you submit a
                                                                                                        must be received by the Coast Guard on
                                                used to process transactions involving                                                                        comment online, it will be considered
                                                                                                        or before May 12, 2015.
                                                Banca Privada d’Andorra shall take all                                                                        received by the Coast Guard when you
                                                                                                           Requests for public meetings must be
                                                appropriate steps to further investigate                received by the Coast Guard on or before              successfully transmit the comment. If
                                                and prevent such access, including the                  April 3, 2015.                                        you fax, hand deliver, or mail your
                                                notification of its correspondent account                                                                     comment, it will be considered as
                                                                                                        ADDRESSES: You may submit comments
                                                holder under paragraph (b)(2)(i)(A) and,                                                                      having been received by the Coast
                                                                                                        identified by docket number using any                 Guard when it is received at the Docket
                                                where necessary, termination of the                     one of the following methods:
                                                correspondent account.                                                                                        Management Facility. We recommend
                                                                                                           (1) Federal eRulemaking Portal:                    that you include your name and a
                                                  (3) Recordkeeping and reporting. (i) A                http://www.regulations.gov.                           mailing address, an email address, or a
                                                covered financial institution is required                  (2) Fax: (202) 493–2251.                           telephone number in the body of your
                                                to document its compliance with the                        (3) Mail or Delivery: Docket                       document so that we can contact you if
                                                notice requirement set forth in                         Management Facility (M–30), U.S.
                                                                                                                                                              we have questions regarding your
                                                paragraph (b)(2)(i)(A) of this section.                 Department of Transportation, West
                                                                                                                                                              submission.
                                                                                                        Building Ground Floor, Room W12–140,
                                                  (ii) Nothing in this paragraph (b) shall                                                                       To submit your comment online, go to
                                                                                                        1200 New Jersey Avenue SE.,
                                                require a covered financial institution to                                                                    http://www.regulations.gov, type the
                                                                                                        Washington, DC 20590–0001. Deliveries
                                                report any information not otherwise                                                                          docket number [USCG–2014–1044] in
                                                                                                        accepted between 9 a.m. and 5 p.m.,
                                                required to be reported by law or                       Monday through Friday, except federal                 the ‘‘SEARCH’’ box and click
                                                regulation.                                             holidays. The telephone number is                     ‘‘SEARCH.’’ Click on ‘‘Submit a
                                                  Dated: March 6, 2015.                                 (202)366–9329.                                        Comment’’ on the line associated with
                                                Jennifer Shasky Calvery,                                   See the ‘‘Public Participation and                 this rulemaking.
                                                Financial Crimes Enforcement Network.                   Request for Comments’’ portion of the                    If you submit your comments by mail
                                                                                                        SUPPLEMENTARY INFORMATION section                     or hand delivery, submit them in an
                                                [FR Doc. 2015–05724 Filed 3–12–15; 8:45 am]
                                                                                                        below for further instructions on                     unbound format, no larger than 81⁄2 by
                                                BILLING CODE 4810–2–P
                                                                                                        submitting comments. To avoid                         11 inches, suitable for copying and
                                                                                                        duplication, please use only one of                   electronic filing. If you submit
                                                                                                        these three methods.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                              comments by mail and would like to
                                                                                                        FOR FURTHER INFORMATION CONTACT: If                   know that they reached the Facility,
                                                                                                        you have questions on this rule, contact              please enclose a stamped, self-addressed
                                                                                                        LT Hannah Eko, Coast Guard Sector                     postcard or envelope. We will consider
                                                                                                        New York; telephone (718) 354–4114, or                all comments and material received
                                                                                                        email hannah.o.eko@uscg.mil. If you                   during the comment period and may
                                                                                                        have questions on viewing or submitting               change the rule based on your
                                                                                                        material to the docket, call Cheryl                   comments.


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                                                13310                     Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules

                                                2. Viewing Comments and Documents                       necessary for the safety of vessels and               1. Regulatory Planning and Review
                                                   To view comments, as well as                         workers during construction work in the                 This proposed rule is not a significant
                                                documents mentioned in this preamble                    channel. The Coast Guard will close the               regulatory action under section 3(f) of
                                                as being available in the docket, go to                 designated area to all traffic during any             Executive Order 12866, Regulatory
                                                http://www.regulations.gov, type the                    circumstance, planned or unforeseen,                  Planning and Review, as supplemented
                                                docket number (USCG–2014–1044) in                       that poses an imminent threat to                      by Executive Order 13563, Improving
                                                the ‘‘SEARCH’’ box and click                            waterway users or construction                        Regulation and Regulatory Review, and
                                                ‘‘SEARCH.’’ Click on Open Docket                        operations in the area. Complete                      does not require an assessment of
                                                Folder on the line associated with this                 waterway closures will be minimized to                potential costs and benefits under
                                                rulemaking. You may also visit the                      that period absolutely necessary and                  section 6(a)(3) of Executive Order 12866
                                                Docket Management Facility in Room                      made with as much advanced notice as                  or under section 1 of Executive Order
                                                W12–140 on the ground floor of the                      possible. During closures there will not              13563. The Office of Management and
                                                Department of Transportation West                       be enough space for mariners to transit               Budget has not reviewed it under those
                                                Building, 1200 New Jersey Avenue SE.,                   through the safety zone between the                   Orders.
                                                Washington, DC 20590, between 9 a.m.                    construction vessels and the current                    The Coast Guard expects the
                                                and 5 p.m., Monday through Friday,                      bridge piers.                                         economic impact of this proposed rule
                                                except Federal holidays.                                   The COTP would notify the public of                to be minimal as this proposed safety
                                                                                                        the enforcement of this safety zone by                zone will be limited to the Mill Basin
                                                3. Privacy Act                                          publishing a Notice of Enforcement                    area, closures will mostly occur during
                                                   Anyone can search the electronic                     (NOE) in the Federal Register and via                 weekdays when traffic is low, and most
                                                form of comments received into any of                   the other means listed in 33 CFR 165.7.               waterway closures will be during times
                                                our dockets by the name of the                          Such notifications would include the                  of reduced recreational boating traffic.
                                                individual submitting the comment (or                   date and times of enforcement, along                    Advanced public notifications would
                                                signing the comment, if submitted on                    with any pre-determined conditions of                 also be made to local mariners through
                                                behalf of an association, business, labor               entry.                                                appropriate means, which may include
                                                union, etc.). You may review a Privacy                     A navigation safety situation created              but are not limited to the Local Notice
                                                Act notice regarding our public dockets                 by construction of the new Belt Parkway               to Mariners and at http://
                                                in the January 17, 2008, issue of the                   Bridge and removal of the current Belt                homeport.uscg.mil/newyork which
                                                Federal Register (73 FR 3316).                          Parkway Bridge prompted the proposed                  would allow the public an opportunity
                                                4. Public meeting                                       rule. This bridge carries the Shore                   to plan for these closures.
                                                                                                        Parkway (also referred to as the Belt
                                                   We do not now plan to hold a public                  Parkway) over Mill Basin. The current                 2. Impact on Small Entities
                                                meeting. But you may submit a request                   Belt Parkway Bridge was built in 1940                    The Regulatory Flexibility Act of 1980
                                                for one, using one of the methods                       and no longer meets current federal and               (RFA), 5 U.S.C. 601–612, as amended,
                                                specified under ADDRESSES. Please                       state safety standards. The New York                  requires federal agencies to consider the
                                                explain why you believe a public                        City Department of Transportation (NYC                potential impact of regulations on small
                                                meeting would be beneficial. If we                      DOT) will hire contractors to construct               entities during rulemaking. The term
                                                determine that one would aid this                       a new fixed bridge approximately 100                  ‘‘small entities’’ comprises small
                                                rulemaking, we will hold one at a time                  feet west of the current bridge and                   businesses, not-for-profit organizations
                                                and place announced by a later notice                   remove the current movable, bascule                   that are independently owned and
                                                in the Federal Register.                                bridge. This new bridge will represent                operated and are not dominant in their
                                                B. Regulatory History and Information                   an increase of about 1,780 feet in length             fields, and governmental jurisdictions
                                                                                                        over the existing bridge and an increase              with populations of less than 50,000.
                                                  A Coast Guard Public Notice detailing
                                                                                                        of about 46 feet in width. Construction               For all of the reasons discussed in the
                                                work on the portion of the Belt Parkway
                                                                                                        is scheduled to begin mid to late 2015.               REGULATORY PLANNING AND
                                                Bridge over Mill Basin was published
                                                                                                        Scheduled completion of the new bridge                REVIEW section, the Coast Guard
                                                on 31 July 2007.
                                                                                                        and removal of the old bridge is 2021.                certifies under 5 U.S.C. 605(b) that this
                                                C. Basis and Purpose                                       The Coast Guard has discussed this                 proposed rule will not have a significant
                                                   The legal basis for this rule is 33                  project with NYC DOT to determine                     economic impact on a substantial
                                                U.S.C. 1231; 46 U.S.C. Chapter 701,                     whether the project can be completed                  number of small entities.
                                                3306, 3703; 50 U.S.C. 191, 195; 33 CFR                  without channel closures and, if                         If you think that your business,
                                                1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.                  possible, what impact that would have                 organization, or governmental
                                                107–295, 116 Stat. 2064; Department of                  on the project timeline. Through these                jurisdiction qualifies as a small entity
                                                Homeland Security Delegation No.                        discussions, it became clear that while               and that this rule would have a
                                                0170.1, which collectively authorize the                the majority of construction activities               significant economic impact on it,
                                                Coast Guard to define regulatory safety                 during the span of this project would                 please submit a comment (see
                                                zones.                                                  not require waterways closures, there                 ADDRESSES) explaining why you think it
                                                   The purpose of this rulemaking is to                 are certain tasks that can only be                    qualifies and how and to what degree
                                                ensure the safety of vessels and workers                completed in the channel and will                     this rule would economically affect it.
                                                from hazards associated with                            require closing the waterway.
                                                                                                                                                              3. Assistance for Small Entities
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                                                construction on the Belt Parkway                        E. Regulatory Analyses
                                                Bridge.                                                                                                         Under section 213(a) of the Small
                                                                                                          We developed this proposed rule after               Business Regulatory Enforcement
                                                D. Discussion of Proposed Rule                          considering numerous statutes and                     Fairness Act of 1996 (Pub. L. 104–121),
                                                  The proposed rule will give the                       executive orders related to rulemaking.               we want to assist small entities in
                                                Captain of the Port (COTP) New York                     Below we summarize our analyses                       understanding this proposed rule. If the
                                                the authority to prohibit vessel traffic on             based on these statutes and executive                 rule would affect your small business,
                                                this portion of Mill Basin when                         orders.                                               organization, or governmental


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                                                                          Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules                                             13311

                                                jurisdiction and you have questions                     Executive Order 12988, Civil Justice                  lead to the discovery of a significant
                                                concerning its provisions or options for                Reform, to minimize litigation,                       environmental impact from this
                                                compliance, please contact the person                   eliminate ambiguity, and reduce                       proposed rule.
                                                listed in the FOR FURTHER INFORMATION                   burden.
                                                                                                                                                              List of Subjects in 33 CFR Part 165
                                                CONTACT, above. The Coast Guard will
                                                                                                        10. Protection of Children From                         Harbors, Marine safety, Navigation
                                                not retaliate against small entities that
                                                                                                        Environmental Health Risks                            (water), Reporting and record keeping
                                                question or complain about this
                                                proposed rule or any policy or action of                   We have analyzed this proposed rule                requirements, Security measures and
                                                the Coast Guard.                                        under Executive Order 13045,                          Waterways.
                                                                                                        Protection of Children from                             For the reasons discussed in the
                                                4. Collection of Information                            Environmental Health Risks and Safety                 preamble, the Coast Guard proposes to
                                                  This proposed rule will not call for a                Risks. This rule is not an economically               amend 33 CFR part 165 as follows:
                                                new collection of information under the                 significant rule and would not create an
                                                Paperwork Reduction Act of 1995 (44                     environmental risk to health or risk to               PART 165—REGULATED NAVIGATION
                                                U.S.C. 3501–3520.).                                     safety that might disproportionately                  AREAS AND LIMITED ACCESS AREA
                                                                                                        affect children.
                                                5. Federalism                                                                                                 ■ 1. The authority citation for part 165
                                                   A rule has implications for federalism               11. Indian Tribal Governments                         continues to read as follows:
                                                under Executive Order 13132,                               This proposed rule does not have                     Authority: 33 U.S.C 1231; 46 U.S.C
                                                Federalism, if it has a substantial direct              tribal implications under Executive                   Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                effect on the States, on the relationship               Order 13175, Consultation and                         33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
                                                between the national government and                     Coordination with Indian Tribal                       107–295, 116 Stat. 2064; Department of
                                                the States, or on the distribution of                   Governments, because it would not have                Homeland Security Delegation No. 0170.1.
                                                power and responsibilities among the                    a substantial direct effect on one or                 ■ 2. Add § 165.T01–1044 to read as
                                                various levels of government. We have                   more Indian tribes, on the relationship               follows:
                                                analyzed this proposed rule under that                  between the Federal Government and
                                                Order and determined that this rule                     Indian tribes, or on the distribution of              § 165.T01–1044 Safety Zone; Belt Parkway
                                                does not have implications for                          power and responsibilities between the                Bridge Construction, Mill Basin, Brooklyn,
                                                                                                                                                              NY.
                                                federalism.                                             Federal Government and Indian tribes.
                                                                                                                                                                 (a) Location. The following area is a
                                                6. Protest Activities                                   12. Energy Effects                                    safety zone: All waters from surface to
                                                  The Coast Guard respects the First                       This proposed rule is not a                        bottom of Mill Basin within 200 yards
                                                Amendment rights of protesters.                         ‘‘significant energy action’’ under                   of the Belt Parkway Mill Basin bridge,
                                                Protesters are asked to contact the                     Executive Order 13211, Actions                        east of a line drawn from 40–36–24.29″
                                                person listed in the FOR FURTHER                        Concerning Regulations That                           N, 73–54–02.59″ W to 40–36–11.36″ N,
                                                INFORMATION CONTACT section to                          Significantly Affect Energy Supply,                   073–54–04.69″ W, and west of a line
                                                coordinate protest activities so that your              Distribution, or Use.                                 drawn from 40–36–21.13″ N, 073–53–
                                                message can be received without                                                                               47.38″ W to 40–36–11.59″ N, 073–53–
                                                                                                        13. Technical Standards                               48.88″ W.
                                                jeopardizing the safety or security of
                                                people, places or vessels.                                This proposed rule does not use                        (b) Definitions. The following
                                                                                                        technical standards. Therefore, we did                definitions apply to this section:
                                                7. Unfunded Mandates Reform Act                         not consider the use of voluntary                        (1) Designated Representative. A
                                                   The Unfunded Mandates Reform Act                     consensus standards.                                  ‘‘designated representative’’ is any Coast
                                                of 1995 (2 U.S.C. 1531–1538) requires                                                                         Guard commissioned, warrant or petty
                                                                                                        14. Environment
                                                Federal agencies to assess the effects of                                                                     officer of the U.S. Coast Guard who has
                                                their discretionary regulatory actions. In                We have analyzed this proposed rule                 been designated by the Captain of the
                                                particular, the Act addresses actions                   under Department of Homeland                          Port (COTP) New York, to act on his or
                                                that may result in the expenditure by a                 Security Management Directive 023–01                  her behalf. The designated
                                                State, local, or tribal government, in the              and Commandant Instruction                            representative may be on an official
                                                aggregate, or by the private sector of                  M16475.lD, which guide the Coast                      patrol vessel or may be on shore and
                                                $100,000,000 (adjusted for inflation) or                Guard in complying with the National                  will communicate with vessels via
                                                more in any one year. Though this                       Environmental Policy Act of 1969                      VHF–FM radio or loudhailer. In
                                                proposed rule would not result in such                  (NEPA)(42 U.S.C. 4321–4370f), and                     addition, members of the Coast Guard
                                                an expenditure, we do discuss the                       have made a preliminary determination                 Auxiliary may be present to inform
                                                effects of this rule elsewhere in this                  that this action is one of a category of              vessel operators of this regulation.
                                                preamble.                                               actions that do not individually or                      (2) Official Patrol Vessels. Official
                                                                                                        cumulatively have a significant effect on             patrol vessels may consist of any Coast
                                                8. Taking of Private Property                           the human environment. This proposed                  Guard, Coast Guard Auxiliary, state, or
                                                  This proposed rule would not cause a                  rule involves the establishment of a                  local law enforcement vessels assigned
                                                taking of private property or otherwise                 safety zone and thus, is categorically                or approved by the COTP.
                                                have taking implications under                          excluded from further review under                       (c) Enforcement Periods. (1) This
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                                                Executive Order 12630, Governmental                     paragraph 34(g) of Figure 2–1 of the                  safety zone is in effect permanently 1
                                                Actions and Interference with                           Commandant Instruction. A preliminary                 June 2015 but will only be enforced
                                                Constitutionally Protected Property                     environmental analysis checklist                      when deemed necessary by the COTP.
                                                Rights.                                                 supporting this determination and a                      (2) The COTP will notify the public of
                                                                                                        Categorical Exclusion Determination                   the enforcement of this safety zone by
                                                9. Civil Justice Reform                                 will be available in the docket where                 publishing a Notice of Enforcement
                                                  This proposed rule meets applicable                   indicated under ADDRESSES. We seek                    (NOE) in the Federal Register and via
                                                standards in sections 3(a) and 3(b)(2) of               any comments or information that may                  the other means listed in 33 CFR 165.7.


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                                                13312                     Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules

                                                Such notifications will include the date                (PSD) permitting, interstate transport,               and included as part of the comment
                                                and times of enforcement, along with                    and state boards requirements, EPA is                 that is placed in the public docket and
                                                any pre-determined conditions of entry.                 proposing to approve North Carolina’s                 made available on the Internet. If you
                                                  (d) Regulations. (1) The general                      infrastructure SIP submission provided                submit an electronic comment, EPA
                                                regulations contained in 33 CFR 165.23,                 to EPA on November 2, 2012, as                        recommends that you include your
                                                as well as the following regulations,                   satisfying the required infrastructure                name and other contact information in
                                                apply.                                                  elements for the 2008 8-hour ozone                    the body of your comment and with any
                                                   (2) During periods of enforcement, all               NAAQS.                                                disk or CD–ROM you submit. If EPA
                                                persons and vessels must comply with                    DATES:  Written comments must be                      cannot read your comment due to
                                                all orders and directions from the COTP                 received on or before April 3, 2015.                  technical difficulties and cannot contact
                                                or a COTP’s designated representative.                                                                        you for clarification, EPA may not be
                                                                                                        ADDRESSES: Submit your comments,
                                                   (3) During periods of enforcement,                                                                         able to consider your comment.
                                                                                                        identified by Docket ID No. EPA–R04–
                                                upon being hailed by a U.S. Coast Guard                                                                       Electronic files should avoid the use of
                                                                                                        OAR–2014–0795, by one of the
                                                vessel by siren, radio, flashing light, or                                                                    special characters, any form of
                                                                                                        following methods:
                                                other means, the operator of the vessel                                                                       encryption, and be free of any defects or
                                                                                                           1. www.regulations.gov: Follow the
                                                must proceed as directed.                                                                                     viruses. For additional information
                                                                                                        on-line instructions for submitting
                                                  Dated: March 3, 2015.                                                                                       about EPA’s public docket visit the EPA
                                                                                                        comments.
                                                G. Loebl,                                                  2. Email: R4–ARMS@epa.gov.                         Docket Center homepage at http://
                                                                                                           3. Fax: (404) 562–9019.                            www.epa.gov/epahome/dockets.htm.
                                                Captain, U.S. Coast Guard, Captain of the
                                                                                                           4. Mail: ‘‘EPA–R04–OAR–2014–                          Docket: All documents in the
                                                Port New York.
                                                                                                        0795,’’ Air Regulatory Management                     electronic docket are listed in the
                                                [FR Doc. 2015–05800 Filed 3–12–15; 8:45 am]
                                                                                                        Section, (formerly the Regulatory                     www.regulations.gov index. Although
                                                BILLING CODE 9110–04–P
                                                                                                        Development Section), Air Planning and                listed in the index, some information is
                                                                                                        Implementation Branch, (formerly the                  not publicly available, i.e., CBI or other
                                                                                                        Air Planning Branch)Air, Pesticides and               information whose disclosure is
                                                ENVIRONMENTAL PROTECTION                                                                                      restricted by statute. Certain other
                                                AGENCY                                                  Toxics Management Division, U.S.
                                                                                                        Environmental Protection Agency,                      material, such as copyrighted material,
                                                                                                        Region 4, 61 Forsyth Street SW.,                      is not placed on the Internet and will be
                                                40 CFR Part 52                                                                                                publicly available only in hard copy
                                                                                                        Atlanta, Georgia 30303–8960.
                                                [EPA–R04–OAR–2014–0795; FRL–9924–28-                       5. Hand Delivery or Courier: Lynorae               form. Publicly available docket
                                                Region 4]                                               Benjamin, Chief, Air Regulatory                       materials are available either
                                                                                                        Management Section, Air Planning and                  electronically in www.regulations.gov or
                                                Approval and Promulgation of                                                                                  in hard copy at the Air Regulatory
                                                Implementation Plans; North Carolina                    Implementation Branch, Air, Pesticides
                                                                                                        and Toxics Management Division, U.S.                  Management Section, Air Planning and
                                                Infrastructure Requirements for the                                                                           Implementation Branch, Air, Pesticides
                                                2008 8-Hour Ozone National Ambient                      Environmental Protection Agency,
                                                                                                        Region 4, 61 Forsyth Street SW.,                      and Toxics Management Division, U.S.
                                                Air Quality Standards                                                                                         Environmental Protection Agency,
                                                                                                        Atlanta, Georgia 30303–8960. Such
                                                AGENCY:  Environmental Protection                       deliveries are only accepted during the               Region 4, 61 Forsyth Street SW.,
                                                Agency.                                                 Regional Office’s normal hours of                     Atlanta, Georgia 30303–8960. EPA
                                                                                                        operation. The Regional Office’s official             requests that if at all possible, you
                                                ACTION: Proposed rule.
                                                                                                        hours of business are Monday through                  contact the person listed in the FOR
                                                SUMMARY:   The Environmental Protection                 Friday, 8:30 a.m. to 4:30 p.m., excluding             FURTHER INFORMATION CONTACT section to
                                                Agency (EPA) is proposing to approve                    Federal holidays.                                     schedule your inspection. The Regional
                                                portions of the November 2, 2012, State                    Instructions: Direct your comments to              Office’s official hours of business are
                                                Implementation Plan (SIP) submission,                   Docket ID No. EPA–R04–OAR–2014–                       Monday through Friday, 8:30 a.m. to
                                                provided by the North Carolina                          0795. EPA’s policy is that all comments               4:30 p.m., excluding Federal holidays.
                                                Department of Environment and Natural                   received will be included in the public               FOR FURTHER INFORMATION CONTACT:
                                                Resources (NC DENR), Division of Air                    docket without change and may be                      Nacosta C. Ward, Air Regulatory
                                                Quality (NCDAQ) for inclusion into the                  made available online at                              Management Section, Air Planning and
                                                North Carolina SIP. This proposal                       www.regulations.gov, including any                    Implementation Branch, Air, Pesticides
                                                pertains to the Clean Air Act (CAA or                   personal information provided, unless                 and Toxics Management Division, U.S.
                                                the Act) infrastructure requirements for                the comment includes information                      Environmental Protection Agency,
                                                the 2008 8-hour ozone national ambient                  claimed to be Confidential Business                   Region 4, 61 Forsyth Street SW.,
                                                air quality standards (NAAQS). The                      Information (CBI) or other information                Atlanta, Georgia 30303–8960. The
                                                CAA requires that each state adopt and                  whose disclosure is restricted by statute.            telephone number is (404) 562–9140.
                                                submit a SIP for the implementation,                    Do not submit through                                 Ms. Ward can be reached via electronic
                                                maintenance, and enforcement of each                    www.regulations.gov or email,                         mail at ward.nacosta@epa.gov.
                                                NAAQS promulgated by EPA, which is                      information that you consider to be CBI               SUPPLEMENTARY INFORMATION:
                                                commonly referred to as an                              or otherwise protected. The
                                                                                                                                                              Table of Contents
                                                ‘‘infrastructure’’ SIP. NCDAQ certified                 www.regulations.gov Web site is an
                                                                                                                                                              I. Background
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                                                that the North Carolina SIP contains                    ‘‘anonymous access’’ system, which
                                                provisions that ensure the 2008 8-hour                  means EPA will not know your identity                 II. What elements are required under sections
                                                ozone NAAQS is implemented,                             or contact information unless you                          110(a)(1) and (2)?
                                                                                                                                                              III. What is EPA’s approach to the review of
                                                enforced, and maintained in North                       provide it in the body of your comment.                    infrastructure SIP submissions?
                                                Carolina (hereafter referred to as an                   If you send an email comment directly                 IV. What is EPA’s analysis of how North
                                                ‘‘infrastructure SIP submission’’). With                to EPA without going through                               Carolina addressed the elements of
                                                the exception of provisions pertaining to               www.regulations.gov, your email                            sections 110(a)(1) and (2)
                                                prevention of significant deterioration                 address will be automatically captured                     ‘‘infrastructure’’ provisions?



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Document Created: 2015-12-18 11:41:59
Document Modified: 2015-12-18 11:41:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 12, 2015.
ContactIf you have questions on this rule, contact LT Hannah Eko, Coast Guard Sector New York; telephone (718) 354-4114, or email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 13309 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements and Security Measures and Waterways

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