82_FR_28124 82 FR 28007 - Safety Zone; Kosciuszko Bridge Construction, Newtown Creek, Brooklyn and Queens, NY

82 FR 28007 - Safety Zone; Kosciuszko Bridge Construction, Newtown Creek, Brooklyn and Queens, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range28007-28009
FR Document2017-12855

The Coast Guard is establishing two safety zones on the navigable waters of Newtown Creek, NY. The first safety zone is within 500 feet of the two barges and assist vessels to be used for the removal and loading of the existing center span from the Kosciuszko Bridge at mile 2.1. The second is from approximately 370 yards south (upstream) of the Kosciuszko Bridge at mile 2.1 and Newtown Creek's confluence with the East River at mile 0.0 during transport of the existing center span to an offsite location. This action is necessary to provide for the safety of life on these navigable waters during the lowering and securing of the existing bridge's center span onto two barges within the Federal navigation channel and during the barge's outbound transit through Newtown Creek to the East River, tentatively scheduled on June 21-22, 2017. This rulemaking prohibits persons and vessels from being in the safety zones unless authorized by the Captain of the Port New York or a designated representative.

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 28007-28009]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12855]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-1048]
RIN 1625-AA00


Safety Zone; Kosciuszko Bridge Construction, Newtown Creek, 
Brooklyn and Queens, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two safety zones on the 
navigable waters of Newtown Creek, NY. The first safety zone is within 
500 feet of the two barges and assist vessels to be used for the 
removal and loading of the existing center span from the Kosciuszko 
Bridge at mile 2.1. The second is from approximately 370 yards south 
(upstream) of the Kosciuszko Bridge at mile 2.1 and Newtown Creek's 
confluence with the East River at mile 0.0 during transport of the 
existing center span to an offsite location. This action is necessary 
to provide for the safety of life on these navigable waters during the 
lowering and securing of the existing bridge's center span onto two 
barges within the Federal navigation channel and during the barge's 
outbound transit through Newtown Creek to the East River, tentatively 
scheduled on June 21-22, 2017. This rulemaking prohibits persons and 
vessels from being in the safety zones unless authorized by the Captain 
of the Port New York or a designated representative.

DATES: This rule is effective from June 20, 2017 through December 31, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1048 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Sector New York Waterways Management 
Division; telephone 718-354-4195, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port New York
CFR Code of Federal Regulations
DHS Department of Homeland Security
FDNY New York City Fire Department
FR Federal Register
NPRM Notice of proposed rulemaking
NYSDOT New York State Department of Transportation
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard issued a Bridge Permit dated August 21, 2013 
approving the location and construction of the Kosciuszko Bridge across 
Newtown Creek, mile 2.1, between the Boroughs of Queens and Brooklyn, 
NY. On November 29, 2016, NYSDOT notified the Coast Guard that it will 
be lowering the existing center span from the Kosciuszko Bridge over 
Newtown Creek at mile 2.1 onto two barges within the Newtown Creek 
Federal navigation channel, securing the center span to the barges for 
transit, rotating the barges, and towing the barges through Newtown 
Creek to the East River for final upland disposal.
    In response, on February 22, 2017, the Coast Guard published a NPRM 
titled ``Safety Zone; Kosciuszko Bridge Construction, Newtown Creek, 
Brooklyn and Queens, NY'' (82 FR 11332). There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to this bridge project. During the comment period that ended 
March 24, 2017, we received no comments.
    On May 1, 2017, the contractor provided June 21-22 as the expected 
primary dates for the removal and loading of the existing center span 
onto two barges. The contractor has informed the Coast Guard that the 
backup dates for the removal and transport of the existing center are 
June 28-29 and July 5-6, 2017.
    The Coast Guard is making this temporary rule effective less than 
30 days after publication in the Federal Register pursuant to authority 
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(d)). This provision authorizes an agency to make a rule effective 
less than 30 days after publication for good cause. We are issuing this 
rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making it effective less than 30 days after 
publication in the Federal Register because waiting 30 days would be 
impracticable and contrary to the public interest. It is impracticable 
and contrary to the public interest to provide a full 30-days notice 
because this rule must be effective on June 21-22, 2017 due to 
favorable tides on that day necessary for the barge transits. If this 
rule is not made effective by this date, then it would inhibit the 
Coast Guard's ability to perform its statutory mission to ensure the 
safety of the maritime public. Though we are not providing a full 30 
day notice period before the rule becomes effective, the Coast Guard 
did provide notice and opportunity to comment through the NPRM process.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
these operations will be a safety concern for anyone within a 500-foot 
radius of the tugs and barges. The purpose of this rule is to ensure 
safety of vessels and the navigable waters within a 500-foot radius of 
the two barges and assist vessels when loading, securing, and 
transporting the center span of the Kosciuszko Bridge through Newtown 
Creek before, during, and after the operations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
February 22, 2017. There are no changes to the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from June 21 through December 
31, 2017. The safety zone will cover all navigable waters of Newtown 
Creek within 500 feet of the two barges and assist vessels to be used 
for the removal and loading of the existing center span from the 
Kosciuszko Bridge at mile 2.1,

[[Page 28008]]

within 500 feet of two barges and their assist vessels in Newtown Creek 
from approximately 370 yards south (upstream) of the existing 
Kosciuszko Bridge at mile 2.1 and Newtown Creek's confluence with the 
East River during transport of the existing center span to an offsite 
location. The duration of the zone is intended to ensure the safety of 
vessels and these navigable waters before, during, and after the 
loading, securing, rotating the two barges for transit tentatively 
scheduled on June 21, 2017, and transporting the center span of the 
Kosciuszko Bridge through Newtown Creek tentatively scheduled on June 
22, 2017. Backup dates for these operations are June 28-29 and July 5-
6, 2017.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. Although vessel traffic 
will not be able to transit around these safety zones as the two barges 
carrying the Kosciuszko Bridge center span will block a minimum of 109 
feet of the 130 foot wide Federal navigation channel, enforcement of 
the safety will be limited in duration. It is anticipated the entire 
operation of loading the Kosciuszko Bridge center span, securing the 
span on the barges, rotating the barges, and towing through Newtown 
Creek should last no longer than 48 hours. During the lowering and 
securing of the center span and the approximate one-hour transit time 
from the bridge site to the East River vessels will not be able to meet 
or overtake the two barges with three assist tugs as the combined width 
of these vessels will be 109 feet and the Federal navigation channel is 
only 130 feet wide. However, the known waterway users upstream of the 
bridge including the New York City Department of Environmental 
Protection, U.S. Concrete, Bayside Fuel Oil Depot, and the U.S. 
Environmental Protection Agency all reported the requested 48-hour 
channel closure will not negatively impact their operations. U.S. 
Concrete stated they require at least two weeks' notice if the closure 
is anticipated to last longer than 48 hours. Facilities downstream of 
the bridge will not be required to move vessels moored at their 
facility as long as they do not extend into the Federal navigation 
channel and would be able to depart the facility before, or after, the 
two barges carrying the bridge span are towed past the facility. 
Moreover, the Coast Guard will issue a Local Notice to Mariners and a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
V. A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and

[[Page 28009]]

Commandant Instruction M16475.lD, which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (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 a stationary safety 
zone lasting approximately 48 hours, a moving safety zone lasting 
approximately one hour that will prohibit transit within 500 feet of 
the two barges and assist vessels carrying the bridge span, and a 
stationary safety zone lasting approximately three hours that will 
prohibit transit within 600 feet of the existing bridge during 
explosives demolition operations at each onshore approach span. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration (REC) for Categorically Excluded Actions is 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.

G. 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.

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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-1048 to read as follows:


Sec.  165.T01-1048  Safety Zone; Kosciuszko Bridge Construction, 
Newtown Creek, Brooklyn and Queens, NY.

    (a) Location. (1) The following area is a safety zone: All waters 
from surface to bottom of Newtown Creek within 500 feet of the two 
barges and assist vessels while lowering and securing the existing 
Kosciuszko Bridge center span at mile 2.1 to the two barges. This area 
is bound by the following approximate positions: northwest of a line 
drawn from 40[deg]43'34.9'' N., 073[deg]55'42.0'' W. to 
40[deg]43'36.8'' N., 073[deg]55'39.8'' W. (approximately 500 feet south 
(upstream) of the Kosciuszko Bridge at mile 2.1), and southeast of a 
line drawn from 40[deg]43'40.6'' N., 073[deg]55'52.8'' W. to 
40[deg]43'43.1'' N., 073[deg]55'49.9'' W. (approximately 500 feet 
downstream of the Kosciuszko Bridge at mile 2.1) (NAD 83).
    (2) The following area is a moving safety zone: All waters from 
surface to bottom of Newtown Creek within 500 feet of the two barges 
and assist vessels while transiting Newtown Creek between Latitude 
40[deg]43'30.0'' N. (approximately 370 yards south (upstream) of the 
Kosciuszko Bridge at mile 2.1), and east of a line drawn from the 
following approximate positions: 40[deg]44'17.1'' N., 073[deg]57'45.6'' 
W. to 40[deg]44'10.4'' N., 073[deg]57'45.6'' W. (at the confluence with 
the East River) (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the COTP to act on his or her 
behalf. A 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 effective from 
June 21, 2017 to December 31, 2017 but will only be enforced when 
active center span lowering, securing, and towing operations are in 
progress.
    (2) The Coast Guard will rely on marine broadcasts and local notice 
to mariners to notify the public of the time and duration that the 
safety zone will be enforced. Violations of this safety zone may be 
reported to the COTP at 718-354-4353 or on VHF-Channel 16.
    (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: June 1, 2017.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2017-12855 Filed 6-19-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations                                            28007

                                                  in the closed position may continue to                  rulemaking prohibits persons and                       two barges. The contractor has informed
                                                  do so at any time. Vessels have the                     vessels from being in the safety zones                 the Coast Guard that the backup dates
                                                  option of going around the North Side                   unless authorized by the Captain of the                for the removal and transport of the
                                                  of Barter’s Island to reach the Sheepscot               Port New York or a designated                          existing center are June 28–29 and July
                                                  River. During the hours of deviation the                representative.                                        5–6, 2017.
                                                  bridge will not be able to open for                     DATES: This rule is effective from June
                                                                                                                                                                    The Coast Guard is making this
                                                  emergencies.                                                                                                   temporary rule effective less than 30
                                                                                                          20, 2017 through December 31, 2017.
                                                     The Coast Guard will inform the users                                                                       days after publication in the Federal
                                                                                                          ADDRESSES: To view documents
                                                  of the waterway through our Local                                                                              Register pursuant to authority under
                                                                                                          mentioned in this preamble as being                    section 4(a) of the Administrative
                                                  Notice and Broadcast Notice to Mariners
                                                                                                          available in the docket, go to http://                 Procedure Act (APA) (5 U.S.C. 553(d)).
                                                  of the change in operating schedule so
                                                                                                          www.regulations.gov, type USCG–2016–                   This provision authorizes an agency to
                                                  that vessel operators can arrange their
                                                                                                          1048 in the ‘‘SEARCH’’ box and click                   make a rule effective less than 30 days
                                                  transits to minimize any impact caused
                                                                                                          ‘‘SEARCH.’’ Click on Open Docket                       after publication for good cause. We are
                                                  by the temporary deviation.
                                                                                                          Folder on the line associated with this                issuing this rule, and under 5 U.S.C.
                                                     In accordance with 33 CFR 117.35(e),
                                                                                                          rule.                                                  553(d)(3), the Coast Guard finds that
                                                  the drawbridge must return to its regular
                                                  operating schedule immediately at the                   FOR FURTHER INFORMATION CONTACT: If                    good cause exists for making it effective
                                                  end of the effective period of this                     you have questions on this rule, call or               less than 30 days after publication in the
                                                  deviation. This deviation from the                      email Mr. Jeff Yunker, Sector New York                 Federal Register because waiting 30
                                                  operating regulations is authorized                     Waterways Management Division;                         days would be impracticable and
                                                  under 33 CFR 117.35.                                    telephone 718–354–4195, email                          contrary to the public interest. It is
                                                                                                          jeff.m.yunker@uscg.mil.                                impracticable and contrary to the public
                                                    Dated: June 15, 2017.
                                                                                                          SUPPLEMENTARY INFORMATION:                             interest to provide a full 30-days notice
                                                  C.J. Bisignano,                                                                                                because this rule must be effective on
                                                  Supervisory Bridge Management Specialist,               I. Table of Abbreviations
                                                                                                                                                                 June 21–22, 2017 due to favorable tides
                                                  First Coast Guard District.                             COTP Captain of the Port New York                      on that day necessary for the barge
                                                  [FR Doc. 2017–12780 Filed 6–19–17; 8:45 am]             CFR Code of Federal Regulations                        transits. If this rule is not made effective
                                                  BILLING CODE 9110–04–P                                  DHS Department of Homeland Security                    by this date, then it would inhibit the
                                                                                                          FDNY New York City Fire Department
                                                                                                          FR Federal Register
                                                                                                                                                                 Coast Guard’s ability to perform its
                                                                                                          NPRM Notice of proposed rulemaking                     statutory mission to ensure the safety of
                                                  DEPARTMENT OF HOMELAND                                                                                         the maritime public. Though we are not
                                                                                                          NYSDOT New York State Department of
                                                  SECURITY                                                  Transportation                                       providing a full 30 day notice period
                                                                                                          § Section                                              before the rule becomes effective, the
                                                  Coast Guard                                             U.S.C. United States Code                              Coast Guard did provide notice and
                                                                                                          II. Background Information and                         opportunity to comment through the
                                                  33 CFR Part 165
                                                                                                          Regulatory History                                     NPRM process.
                                                  [Docket Number USCG–2016–1048]
                                                                                                             The Coast Guard issued a Bridge                     III. Legal Authority and Need for Rule
                                                  RIN 1625–AA00                                           Permit dated August 21, 2013 approving                    The Coast Guard is issuing this rule
                                                                                                          the location and construction of the                   under authority in 33 U.S.C. 1231. The
                                                  Safety Zone; Kosciuszko Bridge
                                                                                                          Kosciuszko Bridge across Newtown                       COTP has determined that potential
                                                  Construction, Newtown Creek,
                                                                                                          Creek, mile 2.1, between the Boroughs                  hazards associated with these
                                                  Brooklyn and Queens, NY
                                                                                                          of Queens and Brooklyn, NY. On                         operations will be a safety concern for
                                                  AGENCY:    Coast Guard, DHS.                            November 29, 2016, NYSDOT notified                     anyone within a 500-foot radius of the
                                                  ACTION:   Temporary final rule.                         the Coast Guard that it will be lowering               tugs and barges. The purpose of this rule
                                                                                                          the existing center span from the                      is to ensure safety of vessels and the
                                                  SUMMARY:    The Coast Guard is                          Kosciuszko Bridge over Newtown Creek                   navigable waters within a 500-foot
                                                  establishing two safety zones on the                    at mile 2.1 onto two barges within the                 radius of the two barges and assist
                                                  navigable waters of Newtown Creek,                      Newtown Creek Federal navigation                       vessels when loading, securing, and
                                                  NY. The first safety zone is within 500                 channel, securing the center span to the               transporting the center span of the
                                                  feet of the two barges and assist vessels               barges for transit, rotating the barges,               Kosciuszko Bridge through Newtown
                                                  to be used for the removal and loading                  and towing the barges through Newtown                  Creek before, during, and after the
                                                  of the existing center span from the                    Creek to the East River for final upland               operations.
                                                  Kosciuszko Bridge at mile 2.1. The                      disposal.
                                                  second is from approximately 370 yards                     In response, on February 22, 2017, the              IV. Discussion of Comments, Changes,
                                                  south (upstream) of the Kosciuszko                      Coast Guard published a NPRM titled                    and the Rule
                                                  Bridge at mile 2.1 and Newtown Creek’s                  ‘‘Safety Zone; Kosciuszko Bridge                          As noted above, we received no
                                                  confluence with the East River at mile                  Construction, Newtown Creek, Brooklyn                  comments on our NPRM published
                                                  0.0 during transport of the existing                    and Queens, NY’’ (82 FR 11332). There                  February 22, 2017. There are no changes
                                                  center span to an offsite location. This                we stated why we issued the NPRM,                      to the regulatory text of this rule from
                                                  action is necessary to provide for the                  and invited comments on our proposed                   the proposed rule in the NPRM.
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  safety of life on these navigable waters                regulatory action related to this bridge                  This rule establishes a safety zone
                                                  during the lowering and securing of the                 project. During the comment period that                from June 21 through December 31,
                                                  existing bridge’s center span onto two                  ended March 24, 2017, we received no                   2017. The safety zone will cover all
                                                  barges within the Federal navigation                    comments.                                              navigable waters of Newtown Creek
                                                  channel and during the barge’s                             On May 1, 2017, the contractor                      within 500 feet of the two barges and
                                                  outbound transit through Newtown                        provided June 21–22 as the expected                    assist vessels to be used for the removal
                                                  Creek to the East River, tentatively                    primary dates for the removal and                      and loading of the existing center span
                                                  scheduled on June 21–22, 2017. This                     loading of the existing center span onto               from the Kosciuszko Bridge at mile 2.1,


                                             VerDate Sep<11>2014   16:57 Jun 19, 2017   Jkt 241001   PO 00000   Frm 00041   Fmt 4700   Sfmt 4700   E:\FR\FM\20JNR1.SGM   20JNR1


                                                  28008              Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations

                                                  within 500 feet of two barges and their                 channel is only 130 feet wide. However,                and the Regional Small Business
                                                  assist vessels in Newtown Creek from                    the known waterway users upstream of                   Regulatory Fairness Boards. The
                                                  approximately 370 yards south                           the bridge including the New York City                 Ombudsman evaluates these actions
                                                  (upstream) of the existing Kosciuszko                   Department of Environmental                            annually and rates each agency’s
                                                  Bridge at mile 2.1 and Newtown Creek’s                  Protection, U.S. Concrete, Bayside Fuel                responsiveness to small business. If you
                                                  confluence with the East River during                   Oil Depot, and the U.S. Environmental                  wish to comment on actions by
                                                  transport of the existing center span to                Protection Agency all reported the                     employees of the Coast Guard, call 1–
                                                  an offsite location. The duration of the                requested 48-hour channel closure will                 888–REG–FAIR (1–888–734–3247). The
                                                  zone is intended to ensure the safety of                not negatively impact their operations.                Coast Guard will not retaliate against
                                                  vessels and these navigable waters                      U.S. Concrete stated they require at least             small entities that question or complain
                                                  before, during, and after the loading,                  two weeks’ notice if the closure is                    about this rule or any policy or action
                                                  securing, rotating the two barges for                   anticipated to last longer than 48 hours.              of the Coast Guard.
                                                  transit tentatively scheduled on June 21,               Facilities downstream of the bridge will
                                                  2017, and transporting the center span                  not be required to move vessels moored                 C. Collection of Information
                                                  of the Kosciuszko Bridge through                        at their facility as long as they do not                 This rule will not call for a new
                                                  Newtown Creek tentatively scheduled                     extend into the Federal navigation                     collection of information under the
                                                  on June 22, 2017. Backup dates for these                channel and would be able to depart the                Paperwork Reduction Act of 1995 (44
                                                  operations are June 28–29 and July 5–                   facility before, or after, the two barges              U.S.C. 3501–3520).
                                                  6, 2017.                                                carrying the bridge span are towed past
                                                                                                                                                                 D. Federalism and Indian Tribal
                                                                                                          the facility. Moreover, the Coast Guard
                                                  V. Regulatory Analyses                                                                                         Governments
                                                                                                          will issue a Local Notice to Mariners
                                                    We developed this rule after                          and a Broadcast Notice to Mariners via                    A rule has implications for federalism
                                                  considering numerous statutes and                       VHF–FM marine channel 16 about the                     under Executive Order 13132,
                                                  Executive orders related to rulemaking.                 zones.                                                 Federalism, if it has a substantial direct
                                                  Below we summarize our analyses                                                                                effect on the States, on the relationship
                                                  based on a number of these statutes and                 B. Impact on Small Entities                            between the national government and
                                                  Executive orders, and we discuss First                     The Regulatory Flexibility Act of                   the States, or on the distribution of
                                                  Amendment rights of protestors.                         1980, 5 U.S.C. 601–612, as amended,                    power and responsibilities among the
                                                                                                          requires Federal agencies to consider                  various levels of government. We have
                                                  A. Regulatory Planning and Review
                                                                                                          the potential impact of regulations on                 analyzed this rule under that Order and
                                                     Executive Orders 12866 and 13563                     small entities during rulemaking. The                  have determined that it is consistent
                                                  direct agencies to assess the costs and                 term ‘‘small entities’’ comprises small                with the fundamental federalism
                                                  benefits of available regulatory                        businesses, not-for-profit organizations               principles and preemption requirements
                                                  alternatives and, if regulation is                      that are independently owned and                       described in Executive Order 13132.
                                                  necessary, to select regulatory                         operated and are not dominant in their                    Also, this rule does not have tribal
                                                  approaches that maximize net benefits.                  fields, and governmental jurisdictions                 implications under Executive Order
                                                  Executive Order 13563 emphasizes the                    with populations of less than 50,000.                  13175, Consultation and Coordination
                                                  importance of quantifying both costs                    The Coast Guard received no comments                   with Indian Tribal Governments,
                                                  and benefits, of reducing costs, of                     from the Small Business Administration                 because it does not have a substantial
                                                  harmonizing rules, and of promoting                     on this rulemaking. The Coast Guard                    direct effect on one or more Indian
                                                  flexibility. This rule has not been                     certifies under 5 U.S.C. 605(b) that this              tribes, on the relationship between the
                                                  designated a ‘‘significant regulatory                   rule will not have a significant                       Federal Government and Indian tribes,
                                                  action,’’ under Executive Order 12866.                  economic impact on a substantial                       or on the distribution of power and
                                                  Accordingly, it has not been reviewed                   number of small entities.                              responsibilities between the Federal
                                                  by the Office of Management and                            While some owners or operators of                   Government and Indian tribes. If you
                                                  Budget.                                                 vessels intending to transit the safety                believe this rule has implications for
                                                     This regulatory action determination                 zones may be small entities, for the                   federalism or Indian tribes, please
                                                  is based on the size, location, and                     reasons stated in section V. A. above,                 contact the person listed in the FOR
                                                  duration of the safety zones. Although                  this rule will not have a significant                  FURTHER INFORMATION CONTACT section.
                                                  vessel traffic will not be able to transit              economic impact on any vessel owner
                                                  around these safety zones as the two                    or operator.                                           E. Unfunded Mandates Reform Act
                                                  barges carrying the Kosciuszko Bridge                      Under section 213(a) of the Small                     The Unfunded Mandates Reform Act
                                                  center span will block a minimum of                     Business Regulatory Enforcement                        of 1995 (2 U.S.C. 1531–1538) requires
                                                  109 feet of the 130 foot wide Federal                   Fairness Act of 1996 (Pub. L. 104–121),                Federal agencies to assess the effects of
                                                  navigation channel, enforcement of the                  we want to assist small entities in                    their discretionary regulatory actions. In
                                                  safety will be limited in duration. It is               understanding this rule. If the rule                   particular, the Act addresses actions
                                                  anticipated the entire operation of                     would affect your small business,                      that may result in the expenditure by a
                                                  loading the Kosciuszko Bridge center                    organization, or governmental                          State, local, or tribal government, in the
                                                  span, securing the span on the barges,                  jurisdiction and you have questions                    aggregate, or by the private sector of
                                                  rotating the barges, and towing through                 concerning its provisions or options for               $100,000,000 (adjusted for inflation) or
                                                  Newtown Creek should last no longer                     compliance, please contact the person                  more in any one year. Though this rule
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  than 48 hours. During the lowering and                  listed in the FOR FURTHER INFORMATION                  will not result in such an expenditure,
                                                  securing of the center span and the                     CONTACT section.                                       we do discuss the effects of this rule
                                                  approximate one-hour transit time from                     Small businesses may send comments                  elsewhere in this preamble.
                                                  the bridge site to the East River vessels               on the actions of Federal employees
                                                  will not be able to meet or overtake the                who enforce, or otherwise determine                    F. Environment
                                                  two barges with three assist tugs as the                compliance with, Federal regulations to                  We have analyzed this rule under
                                                  combined width of these vessels will be                 the Small Business and Agriculture                     Department of Homeland Security
                                                  109 feet and the Federal navigation                     Regulatory Enforcement Ombudsman                       Management Directive 023–01 and


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                                                                     Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations                                                28009

                                                  Commandant Instruction M16475.lD,                       § 165.T01–1048 Safety Zone; Kosciuszko                   (d) Regulations. (1) The general
                                                  which guide the Coast Guard in                          Bridge Construction, Newtown Creek,                    regulations contained in 33 CFR 165.23,
                                                                                                          Brooklyn and Queens, NY.                               as well as the following regulations,
                                                  complying with the National
                                                  Environmental Policy Act of 1969 (42                       (a) Location. (1) The following area is             apply.
                                                  U.S.C. 4321–4370f), and have                            a safety zone: All waters from surface to                 (2) During periods of enforcement, all
                                                  determined that this action is one of a                 bottom of Newtown Creek within 500                     persons and vessels must comply with
                                                                                                          feet of the two barges and assist vessels              all orders and directions from the COTP
                                                  category of actions that do not
                                                                                                          while lowering and securing the                        or a COTP’s designated representative.
                                                  individually or cumulatively have a
                                                                                                          existing Kosciuszko Bridge center span                    (3) During periods of enforcement,
                                                  significant effect on the human                         at mile 2.1 to the two barges. This area               upon being hailed by a U.S. Coast Guard
                                                  environment. This rule involves a                       is bound by the following approximate                  vessel by siren, radio, flashing light, or
                                                  stationary safety zone lasting                          positions: northwest of a line drawn                   other means, the operator of the vessel
                                                  approximately 48 hours, a moving safety                 from 40°43′34.9″ N., 073°55′42.0″ W. to                must proceed as directed.
                                                  zone lasting approximately one hour                     40°43′36.8″ N., 073°55′39.8″ W.
                                                  that will prohibit transit within 500 feet                                                                       Dated: June 1, 2017.
                                                                                                          (approximately 500 feet south
                                                  of the two barges and assist vessels                    (upstream) of the Kosciuszko Bridge at                 Michael H. Day,
                                                  carrying the bridge span, and a                         mile 2.1), and southeast of a line drawn               Captain, U.S. Coast Guard, Captain of the
                                                  stationary safety zone lasting                          from 40°43′40.6″ N., 073°55′52.8″ W. to                Port New York.
                                                  approximately three hours that will                     40°43′43.1″ N., 073°55′49.9″ W.                        [FR Doc. 2017–12855 Filed 6–19–17; 8:45 am]
                                                  prohibit transit within 600 feet of the                 (approximately 500 feet downstream of                  BILLING CODE 9110–04–P

                                                  existing bridge during explosives                       the Kosciuszko Bridge at mile 2.1) (NAD
                                                  demolition operations at each onshore                   83).
                                                  approach span. It is categorically                         (2) The following area is a moving                  ENVIRONMENTAL PROTECTION
                                                  excluded from further review under                      safety zone: All waters from surface to                AGENCY
                                                  paragraph 34(g) of Figure 2–1 of the                    bottom of Newtown Creek within 500
                                                                                                          feet of the two barges and assist vessels              40 CFR Part 312
                                                  Commandant Instruction. A Record of
                                                  Environmental Consideration (REC) for                   while transiting Newtown Creek                         [EPA–HQ–OLEM–2016–0786; FRL–9958–
                                                                                                          between Latitude 40°43′30.0″ N.                        47–OLEM]
                                                  Categorically Excluded Actions is
                                                                                                          (approximately 370 yards south
                                                  available in the docket where indicated                                                                        Amendment to Standards and
                                                                                                          (upstream) of the Kosciuszko Bridge at
                                                  under ADDRESSES. We seek any                                                                                   Practices for All Appropriate Inquiries
                                                                                                          mile 2.1), and east of a line drawn from
                                                  comments or information that may lead                   the following approximate positions:                   Under CERCLA
                                                  to the discovery of a significant                       40°44′17.1″ N., 073°57′45.6″ W. to
                                                  environmental impact from this rule.                                                                           AGENCY: Environmental Protection
                                                                                                          40°44′10.4″ N., 073°57′45.6″ W. (at the
                                                                                                                                                                 Agency (EPA).
                                                  G. Protest Activities                                   confluence with the East River) (NAD
                                                                                                                                                                 ACTION: Direct final rule.
                                                                                                          83).
                                                    The Coast Guard respects the First                       (b) Definitions. The following                      SUMMARY:    EPA is taking direct final
                                                  Amendment rights of protesters.                         definitions apply to this section:                     action to amend the Standards and
                                                  Protesters are asked to contact the                        (1) Designated Representative. A
                                                                                                                                                                 Practices for All Appropriate Inquiries
                                                  person listed in the FOR FURTHER                        ‘‘designated representative’’ is any Coast
                                                                                                                                                                 to update an existing reference to a
                                                  INFORMATION CONTACT section to                          Guard commissioned, warrant or petty
                                                                                                                                                                 standard practice recently revised by
                                                  coordinate protest activities so that your              officer of the U.S. Coast Guard who has
                                                                                                                                                                 ASTM International, a widely
                                                  message can be received without                         been designated by the COTP to act on
                                                                                                                                                                 recognized standards development
                                                  jeopardizing the safety or security of                  his or her behalf. A designated
                                                                                                                                                                 organization. Specifically, this direct
                                                  people, places or vessels.                              representative may be on an official
                                                                                                                                                                 final rule amends the All Appropriate
                                                                                                          patrol vessel or may be on shore and
                                                                                                                                                                 Inquiries Rule to reference ASTM
                                                  List of Subjects in 33 CFR Part 165                     will communicate with vessels via
                                                                                                                                                                 International’s E2247–16 ‘‘Standard
                                                                                                          VHF–FM radio or loudhailer. In
                                                    Harbors, Marine safety, Navigation                                                                           Practice for Environmental Site
                                                                                                          addition, members of the Coast Guard
                                                  (water), Reporting and record keeping                                                                          Assessments: Phase I Environmental
                                                                                                          Auxiliary may be present to inform
                                                  requirements, Security measures, and                                                                           Site Assessment Process for Forestland
                                                                                                          vessel operators of this regulation.
                                                  Waterways.                                                                                                     or Rural Property’’ and allow for its use
                                                                                                             (2) Official Patrol Vessels. Official
                                                                                                                                                                 to satisfy the statutory requirements for
                                                    For the reasons discussed in the                      patrol vessels may consist of any Coast
                                                                                                                                                                 conducting all appropriate inquiries
                                                                                                          Guard, Coast Guard Auxiliary, state, or
                                                  preamble, the Coast Guard amends 33                                                                            under the Comprehensive
                                                                                                          local law enforcement vessels assigned
                                                  CFR part 165 as follows:                                                                                       Environmental Response, Compensation
                                                                                                          or approved by the COTP.
                                                                                                             (c) Enforcement Periods. (1) This                   and Liability Act (CERCLA).
                                                  PART 165—REGULATED NAVIGATION                                                                                  DATES: This rule is effective on
                                                                                                          safety zone is effective from June 21,
                                                  AREAS AND LIMITED ACCESS AREAS                                                                                 September 18, 2017, without further
                                                                                                          2017 to December 31, 2017 but will only
                                                                                                          be enforced when active center span                    notice, unless EPA receives adverse
                                                  ■ 1. The authority citation for part 165                lowering, securing, and towing                         comment by July 20, 2017. If EPA
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  continues to read as follows:                           operations are in progress.                            receives such comment, we will publish
                                                    Authority: 33 U.S.C 1231; 50 U.S.C. 191;                 (2) The Coast Guard will rely on                    a timely withdrawal in the Federal
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                   marine broadcasts and local notice to                  Register informing the public that this
                                                  Department of Homeland Security Delegation              mariners to notify the public of the time              direct final rule will not take effect.
                                                  No. 0170.1.                                             and duration that the safety zone will be              ADDRESSES: Submit your comments,
                                                                                                          enforced. Violations of this safety zone               identified by Docket ID No. EPA–HQ–
                                                  ■ 2. Add § 165.T01–1048 to read as                      may be reported to the COTP at 718–                    OLEM–2016–0786 at http://
                                                  follows:                                                354–4353 or on VHF-Channel 16.                         www.regulations.gov. Follow the online


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Document Created: 2017-06-20 02:20:37
Document Modified: 2017-06-20 02:20:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from June 20, 2017 through December 31, 2017.
ContactIf you have questions on this rule, call or email Mr. Jeff Yunker, Sector New York Waterways Management Division; telephone 718-354-4195, email [email protected]
FR Citation82 FR 28007 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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