82_FR_34754 82 FR 34612 - Safety Zone; Kosciuszko Bridge Approach Spans Demolition, Newtown Creek, Brooklyn and Queens, NY

82 FR 34612 - Safety Zone; Kosciuszko Bridge Approach Spans Demolition, Newtown Creek, Brooklyn and Queens, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 142 (July 26, 2017)

Page Range34612-34614
FR Document2017-15694

The Coast Guard is establishing a temporary safety zone on the navigable waters of Newtown Creek, NY within 2,000 feet of the existing Kosciuszko Bridge at mile 2.1. This action is necessary to provide for the safety of life on these navigable waters during the explosives demolition of the approach spans on each adjacent shoreline. 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 142 (Wednesday, July 26, 2017)
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Rules and Regulations]
[Pages 34612-34614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15694]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0486]
RIN 1625-AA00


Safety Zone; Kosciuszko Bridge Approach Spans Demolition, Newtown 
Creek, Brooklyn and Queens, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Newtown Creek, NY within 2,000 feet of the existing 
Kosciuszko Bridge at mile 2.1. This action is necessary to provide for 
the safety of life on these navigable waters during the explosives 
demolition of the approach spans on each adjacent shoreline. 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 without actual notice from July 26, 2017 
through December 31, 2017. For the purposes of enforcement, actual 
notice will be used from July 22, 2017 through July 26, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0486 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

CFR Code of Federal Regulations
COTP Captain of the Port New York
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
OSHA Occupational Safety and Health Administration
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 April 25, 2017, NYSDOT notified the Coast Guard that the 
contractor requires a short term closure of Newtown Creek for the 
energetic felling of the existing Kosciuszko Bridge approach spans over 
land using shaped charges. The shaped charges make multiple precise 
cuts in the steel bridge spans at the same instant. This allows the 
approach spans to fall directly to the ground below. There will be no 
debris field outside of the limits of the bridge. The tentative, 
primary demolition dates are the early morning hours of July 22 or 23, 
2017. The tentative back-up dates for these operations are the early 
morning hours of July 29 or 30, August 5 or 6, and August 12 or 13, 
2017. To ensure public safety the contractor requested the USCG 
establish a safety zone within 600-feet of the existing bridge for a 
three-hour duration during these operations. NYSDOT stated FDNY was 
working with the explosives demolition subcontractor and would provide 
a final exclusion zone limit during these operations in early May 2017.
    On May 15, 2017 the contractor notified the Coast Guard that the 
distance requested for the exclusion zone is 1,200 from the existing 
bridge during the explosives demolition. However, the subcontractor 
stated this is a preliminary distance for discussion purposes only. The 
final distance would not be provided until the contract is awarded and 
the subcontractor meets with NYSDOT, the general contractor, security 
forces, and other stakeholders. Due to this expanded distance and late 
notification the Coast Guard was unable to include this request within 
the existing bridge demolition rulemaking (Docket Number USCG-2016-
1048) for this bridge replacement project. The safety zone distance is 
to ensure that persons are not exposed to air overpressure (noise) 
levels above the 140 decibel impact guidelines under OSHA regulations 
codified at 29 CFR 1910.95 Table G-16--PERMISSIBLE NOISE EXPOSURES, 
Footnote 1. The Coast Guard proposes to make this rule enforceable 
through December 31, 2017, and to a greater distance (2,000 feet) than 
currently requested (1,200 feet), as a contingency for any unforeseen 
delays or revisions to the bridge approach spans demolition schedule or 
safety requirements based upon the final FDNY safety requirements.
    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 July 22 or 23, 2017 to limit 
delays to NYSDOT and contractor schedules as part of this $555 million 
dollar infrastructure improvement project. FDNY requires the contractor 
to conduct the explosives demolition in the early morning hours on a 
weekend to reduce the impact to vehicle traffic on the bridge. This 
time frame is also expected

[[Page 34613]]

to reduce the impact on vessel traffic in Newtown Creek. 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.

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 up to 
2,000-feet of the existing approach spans to the Kosciuszko Bridge at 
mile 2.1 over Newtown Creek. The purpose of this rule is to ensure the 
safety of individuals on the navigable waters within up to 2,000 feet 
of the approach spans of the existing Kosciuszko Bridge before, during, 
and after the explosive demolition operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from July 22 through December 
31, 2017. The safety zone will cover all navigable waters of Newtown 
Creek within up to 2,000 feet of the existing approach spans to the 
Kosciuszko Bridge at mile 2.1 over Newtown Creek during the explosive 
demolition operations. The duration of the zone is intended to ensure 
the safety of individuals and these navigable waters before, during, 
and after the explosive demolition operations tentatively scheduled for 
the early morning hours on July 22 or 23, 2017. Backup dates for these 
operations are July 29 or 30, August 5 or 6, and August 12 or 13, 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 zone. Although vessel traffic will 
not be able to safely transit around this safety zone, enforcement of 
the safety zone will be limited in duration. The boundaries of the 
safety zone will be limited to the length upstream, and downstream, 
from the bridge as determined by FDNY for the explosives detonation to 
remain in compliance with existing OSHA Permissible Noise Exposure 
regulations. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

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 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 zone 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 (Public Law 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 above.

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 Commandant Instruction M16475.1D, 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

[[Page 34614]]

category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting approximately three hours that will prohibit entry 
within a maximum of 2,000 feet of the existing approach spans to the 
Kosciuszko Bridge. 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 
recordkeeping 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.T01-0486 to read as follows:


Sec.  165.T01-0486   Safety Zone; Kosciuszko Bridge Approach Spans 
Demolition, Newtown Creek, Brooklyn and Queens, NY.

    (a) Location. The following area is a safety zone: All waters from 
surface to bottom of Newtown Creek within 2,000 feet of the existing 
approach spans to the Kosciuszko Bridge at mile 2.1, between a line 
drawn from the following approximate positions: 40[deg]43'46.7'' N., 
073[deg]56'10.5'' W. to 40[deg]43'44.3'' N., 073[deg]56'11.6'' W and 
from 40[deg]43'22.9'' N., 073[deg]55'29.0'' W. to 40[deg]43'20.3'' N., 
073[deg]55'36.0'' 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 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 
July 22, 2017 to December 31, 2017 but will only be enforced when 
active approach span demolition 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 22, 2017.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2017-15694 Filed 7-25-17; 8:45 am]
BILLING CODE 9110-04-P



                                             34612             Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Rules and Regulations

                                               Section 51.6302–1 also issued under 26                 persons and vessels from being in the                 600-feet of the existing bridge for a
                                             U.S.C. 6302(a).                                          safety zones unless authorized by the                 three-hour duration during these
                                             ■ Par. 2. Section 51.2 is amended by                     Captain of the Port New York or a                     operations. NYSDOT stated FDNY was
                                             revising paragraph (e)(3) to read as                     designated representative.                            working with the explosives demolition
                                             follows:                                                 DATES: This rule is effective without                 subcontractor and would provide a final
                                                                                                      actual notice from July 26, 2017 through              exclusion zone limit during these
                                             § 51.2    Explanation of terms.                                                                                operations in early May 2017.
                                                                                                      December 31, 2017. For the purposes of
                                             *      *    *     *     *                                enforcement, actual notice will be used                  On May 15, 2017 the contractor
                                                (e) * * *                                             from July 22, 2017 through July 26,                   notified the Coast Guard that the
                                                (3) Controlled group. The term                        2017.                                                 distance requested for the exclusion
                                             controlled group means a group of two                                                                          zone is 1,200 from the existing bridge
                                             or more persons, including at least one                  ADDRESSES: To view documents                          during the explosives demolition.
                                             person that is a covered entity, that is                 mentioned in this preamble as being                   However, the subcontractor stated this
                                             treated as a single employer under                       available in the docket, go to http://                is a preliminary distance for discussion
                                             section 52(a), 52(b), 414(m), or 414(o).                 www.regulations.gov, type USCG–2017–                  purposes only. The final distance would
                                                                                                      0486 in the ‘‘SEARCH’’ box and click                  not be provided until the contract is
                                             *      *    *     *     *
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket                      awarded and the subcontractor meets
                                             § 51.2T    [Removed]                                     Folder on the line associated with this               with NYSDOT, the general contractor,
                                                                                                      rule.                                                 security forces, and other stakeholders.
                                             ■ Par. 3. Section 51.2T is removed.
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                   Due to this expanded distance and late
                                             ■ Par. 4. Section 51.11 is amended by
                                                                                                      you have questions on this rule, call or              notification the Coast Guard was unable
                                             revising the section heading and                         email Mr. Jeff Yunker, Sector New York                to include this request within the
                                             paragraph (b) and removing paragraph                     Waterways Management Division;                        existing bridge demolition rulemaking
                                             (c) to read as follows:                                  telephone 718–354–4195, email                         (Docket Number USCG–2016–1048) for
                                             § 51.11    Applicability date.                           jeff.m.yunker@uscg.mil.                               this bridge replacement project. The
                                             *      *     *    *     *                                SUPPLEMENTARY INFORMATION:                            safety zone distance is to ensure that
                                                (b) Section 51.2(e)(3) applies on and                                                                       persons are not exposed to air
                                                                                                      I. Table of Abbreviations                             overpressure (noise) levels above the
                                             after July 24, 2017.
                                                                                                      CFR Code of Federal Regulations
                                                                                                                                                            140 decibel impact guidelines under
                                             § 51.11T    [Removed]                                    COTP Captain of the Port New York                     OSHA regulations codified at 29 CFR
                                             ■   Par. 5. Section 51.11T is removed.                   DHS Department of Homeland Security                   1910.95 Table G–16—PERMISSIBLE
                                                                                                      FDNY New York City Fire Department                    NOISE EXPOSURES, Footnote 1. The
                                             Kirsten Wielobob,                                        FR Federal Register                                   Coast Guard proposes to make this rule
                                             Deputy Commissioner for Services and                     NPRM Notice of proposed rulemaking                    enforceable through December 31, 2017,
                                             Enforcement.                                             NYSDOT New York State Department of                   and to a greater distance (2,000 feet)
                                               Approved: July 17, 2017.                                 Transportation                                      than currently requested (1,200 feet), as
                                                                                                      OSHA Occupational Safety and Health                   a contingency for any unforeseen delays
                                             Tom West,
                                                                                                        Administration                                      or revisions to the bridge approach
                                             Tax Legislative Counsel.                                 § Section
                                             [FR Doc. 2017–15643 Filed 7–24–17; 4:15 pm]              U.S.C. United States Code
                                                                                                                                                            spans demolition schedule or safety
                                                                                                                                                            requirements based upon the final
                                             BILLING CODE 4830–01–P
                                                                                                      II. Background Information and                        FDNY safety requirements.
                                                                                                      Regulatory History                                       The Coast Guard is making this
                                                                                                                                                            temporary rule effective less than 30
                                             DEPARTMENT OF HOMELAND                                      The Coast Guard issued a Bridge                    days after publication in the Federal
                                             SECURITY                                                 Permit dated August 21, 2013 approving                Register pursuant to authority under
                                                                                                      the location and construction of the                  section 4(a) of the Administrative
                                             Coast Guard                                              Kosciuszko Bridge across Newtown                      Procedure Act (APA) (5 U.S.C. 553(d)).
                                                                                                      Creek, mile 2.1, between the Boroughs                 This provision authorizes an agency to
                                             33 CFR Part 165                                          of Queens and Brooklyn, NY. On April                  make a rule effective less than 30 days
                                             [Docket Number USCG–2017–0486]                           25, 2017, NYSDOT notified the Coast                   after publication for good cause. We are
                                                                                                      Guard that the contractor requires a                  issuing this rule, and under 5 U.S.C.
                                             RIN 1625–AA00                                            short term closure of Newtown Creek for               553(d)(3), the Coast Guard finds that
                                                                                                      the energetic felling of the existing                 good cause exists for making it effective
                                             Safety Zone; Kosciuszko Bridge
                                                                                                      Kosciuszko Bridge approach spans over                 less than 30 days after publication in the
                                             Approach Spans Demolition, Newtown
                                                                                                      land using shaped charges. The shaped                 Federal Register because waiting 30
                                             Creek, Brooklyn and Queens, NY
                                                                                                      charges make multiple precise cuts in                 days would be impracticable and
                                             AGENCY:     Coast Guard, DHS.                            the steel bridge spans at the same                    contrary to the public interest. It is
                                             ACTION:    Temporary final rule.                         instant. This allows the approach spans               impracticable and contrary to the public
                                                                                                      to fall directly to the ground below.                 interest to provide a full 30-days notice
                                             SUMMARY:    The Coast Guard is                           There will be no debris field outside of              because this rule must be effective on
                                             establishing a temporary safety zone on                  the limits of the bridge. The tentative,              July 22 or 23, 2017 to limit delays to
                                             the navigable waters of Newtown Creek,                   primary demolition dates are the early                NYSDOT and contractor schedules as
pmangrum on DSKBC4BHB2PROD with RULES




                                             NY within 2,000 feet of the existing                     morning hours of July 22 or 23, 2017.                 part of this $555 million dollar
                                             Kosciuszko Bridge at mile 2.1. This                      The tentative back-up dates for these                 infrastructure improvement project.
                                             action is necessary to provide for the                   operations are the early morning hours                FDNY requires the contractor to conduct
                                             safety of life on these navigable waters                 of July 29 or 30, August 5 or 6, and                  the explosives demolition in the early
                                             during the explosives demolition of the                  August 12 or 13, 2017. To ensure public               morning hours on a weekend to reduce
                                             approach spans on each adjacent                          safety the contractor requested the                   the impact to vehicle traffic on the
                                             shoreline. This rulemaking prohibits                     USCG establish a safety zone within                   bridge. This time frame is also expected


                                        VerDate Sep<11>2014   13:33 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\26JYR1.SGM   26JYR1


                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Rules and Regulations                                         34613

                                             to reduce the impact on vessel traffic in                by the Office of Management and                       888–REG–FAIR (1–888–734–3247). The
                                             Newtown Creek. If this rule is not made                  Budget.                                               Coast Guard will not retaliate against
                                             effective by this date, then it would                       This regulatory action determination               small entities that question or complain
                                             inhibit the Coast Guard’s ability to                     is based on the size, location, and                   about this rule or any policy or action
                                             perform its statutory mission to ensure                  duration of the safety zone. Although                 of the Coast Guard.
                                             the safety of the maritime public.                       vessel traffic will not be able to safely
                                                                                                      transit around this safety zone,                      C. Collection of Information
                                             III. Legal Authority and Need for Rule                   enforcement of the safety zone will be                  This rule will not call for a new
                                               The Coast Guard is issuing this rule                   limited in duration. The boundaries of                collection of information under the
                                             under authority in 33 U.S.C. 1231. The                   the safety zone will be limited to the                Paperwork Reduction Act of 1995 (44
                                             COTP has determined that potential                       length upstream, and downstream, from                 U.S.C. 3501–3520).
                                             hazards associated with these                            the bridge as determined by FDNY for
                                                                                                                                                            D. Federalism and Indian Tribal
                                             operations will be a safety concern for                  the explosives detonation to remain in
                                                                                                                                                            Governments
                                             anyone within up to 2,000-feet of the                    compliance with existing OSHA
                                             existing approach spans to the                           Permissible Noise Exposure regulations.                  A rule has implications for federalism
                                             Kosciuszko Bridge at mile 2.1 over                       Moreover, the Coast Guard will issue                  under Executive Order 13132,
                                             Newtown Creek. The purpose of this                       Broadcast Notice to Mariners via VHF–                 Federalism, if it has a substantial direct
                                             rule is to ensure the safety of                          FM marine channel 16 about the zone                   effect on the States, on the relationship
                                             individuals on the navigable waters                      and the rule allows vessels to seek                   between the national government and
                                             within up to 2,000 feet of the approach                  permission to enter the zone.                         the States, or on the distribution of
                                             spans of the existing Kosciuszko Bridge                                                                        power and responsibilities among the
                                                                                                      B. Impact on Small Entities                           various levels of government. We have
                                             before, during, and after the explosive
                                                                                                         The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             demolition operations.
                                                                                                      1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             IV. Discussion of the Rule                               requires Federal agencies to consider                 with the fundamental federalism
                                                                                                      the potential impact of regulations on                principles and preemption requirements
                                                This rule establishes a safety zone                   small entities during rulemaking. The                 described in Executive Order 13132.
                                             from July 22 through December 31,                        term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             2017. The safety zone will cover all                     businesses, not-for-profit organizations              implications under Executive Order
                                             navigable waters of Newtown Creek                        that are independently owned and                      13175, Consultation and Coordination
                                             within up to 2,000 feet of the existing                  operated and are not dominant in their                with Indian Tribal Governments,
                                             approach spans to the Kosciuszko                         fields, and governmental jurisdictions                because it does not have a substantial
                                             Bridge at mile 2.1 over Newtown Creek                    with populations of less than 50,000.                 direct effect on one or more Indian
                                             during the explosive demolition                          The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             operations. The duration of the zone is                  605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             intended to ensure the safety of                         significant economic impact on a                      or on the distribution of power and
                                             individuals and these navigable waters                   substantial number of small entities.                 responsibilities between the Federal
                                             before, during, and after the explosive                     While some owners or operators of                  Government and Indian tribes. If you
                                             demolition operations tentatively                        vessels intending to transit the safety               believe this rule has implications for
                                             scheduled for the early morning hours                    zone may be small entities, for the                   federalism or Indian tribes, please
                                             on July 22 or 23, 2017. Backup dates for                 reasons stated in section V.A above, this             contact the person listed in the FOR
                                             these operations are July 29 or 30,                      rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             August 5 or 6, and August 12 or 13,                      economic impact on any vessel owner                   above.
                                             2017.                                                    or operator.
                                                                                                         Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             V. Regulatory Analyses
                                                                                                      Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                               We developed this rule after                           Fairness Act of 1996 (Public Law 104–                 of 1995 (2 U.S.C. 1531–1538) requires
                                             considering numerous statutes and                        121), we want to assist small entities in             Federal agencies to assess the effects of
                                             Executive orders related to rulemaking.                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             Below we summarize our analyses                          would affect your small business,                     particular, the Act addresses actions
                                             based on a number of these statutes and                  organization, or governmental                         that may result in the expenditure by a
                                             Executive orders, and we discuss First                   jurisdiction and you have questions                   State, local, or tribal government, in the
                                             Amendment rights of protestors.                          concerning its provisions or options for              aggregate, or by the private sector of
                                             A. Regulatory Planning and Review                        compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                                                                      listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                Executive Orders 12866 and 13563                      CONTACT section.                                      will not result in such an expenditure,
                                             direct agencies to assess the costs and                     Small businesses may send comments                 we do discuss the effects of this rule
                                             benefits of available regulatory                         on the actions of Federal employees                   elsewhere in this preamble.
                                             alternatives and, if regulation is                       who enforce, or otherwise determine
                                             necessary, to select regulatory                          compliance with, Federal regulations to               F. Environment
                                             approaches that maximize net benefits.                   the Small Business and Agriculture                      We have analyzed this rule under
                                             Executive Order 13563 emphasizes the                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
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                                             importance of quantifying both costs                     and the Regional Small Business                       Management Directive 023–01 and
                                             and benefits, of reducing costs, of                      Regulatory Fairness Boards. The                       Commandant Instruction M16475.1D,
                                             harmonizing rules, and of promoting                      Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             flexibility. This rule has not been                      annually and rates each agency’s                      complying with the National
                                             designated a ‘‘significant regulatory                    responsiveness to small business. If you              Environmental Policy Act of 1969(42
                                             action,’’ under Executive Order 12866.                   wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                             Accordingly, it has not been reviewed                    employees of the Coast Guard, call 1–                 determined that this action is one of a


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                                             34614             Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Rules and Regulations

                                             category of actions that do not                          PART 165—REGULATED NAVIGATION                         Auxiliary may be present to inform
                                             individually or cumulatively have a                      AREAS AND LIMITED ACCESS AREAS                        vessel operators of this regulation.
                                             significant effect on the human                                                                                  (2) Official patrol vessels. Official
                                             environment. This rule involves a safety                 ■ 1. The authority citation for part 165              patrol vessels may consist of any Coast
                                             zone lasting approximately three hours                   continues to read as follows:                         Guard, Coast Guard Auxiliary, state, or
                                             that will prohibit entry within a                          Authority: 33 U.S.C 1231; 50 U.S.C. 191;            local law enforcement vessels assigned
                                             maximum of 2,000 feet of the existing                    33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                 or approved by the COTP.
                                             approach spans to the Kosciuszko                         Department of Homeland Security Delegation              (c) Enforcement periods. (1) This
                                             Bridge. It is categorically excluded from                No. 0170.1.                                           safety zone is effective from July 22,
                                             further review under paragraph 34(g) of                  ■ 2. Add § 165.T01–0486 to read as                    2017 to December 31, 2017 but will only
                                             Figure 2–1 of the Commandant                             follows:                                              be enforced when active approach span
                                             Instruction. A Record of Environmental                                                                         demolition operations are in progress.
                                             Consideration (REC) for Categorically                    § 165.T01–0486 Safety Zone; Kosciuszko                  (2) The Coast Guard will rely on
                                             Excluded Actions is available in the                     Bridge Approach Spans Demolition,
                                                                                                      Newtown Creek, Brooklyn and Queens, NY.
                                                                                                                                                            marine broadcasts and local notice to
                                             docket where indicated under                                                                                   mariners to notify the public of the time
                                             ADDRESSES. We seek any comments or                          (a) Location. The following area is a              and duration that the safety zone will be
                                             information that may lead to the                         safety zone: All waters from surface to               enforced. Violations of this safety zone
                                             discovery of a significant environmental                 bottom of Newtown Creek within 2,000                  may be reported to the COTP at 718–
                                             impact from this rule.                                   feet of the existing approach spans to                354–4353 or on VHF-Channel 16.
                                                                                                      the Kosciuszko Bridge at mile 2.1,                      (d) Regulations. (1) The general
                                             G. Protest Activities                                    between a line drawn from the                         regulations contained in 33 CFR 165.23,
                                               The Coast Guard respects the First                     following approximate positions:                      as well as the following regulations,
                                             Amendment rights of protesters.                          40°43′46.7″ N., 073°56′10.5″ W. to                    apply.
                                             Protesters are asked to contact the                      40°43′44.3″ N., 073°56′11.6″ W and from                  (2) During periods of enforcement, all
                                             person listed in the FOR FURTHER                         40°43′22.9″ N., 073°55′29.0″ W. to                    persons and vessels must comply with
                                             INFORMATION CONTACT section to                           40°43′20.3″ N., 073°55′36.0″ W.                       all orders and directions from the COTP
                                             coordinate protest activities so that your                  (b) Definitions. The following                     or a COTP’s designated representative.
                                             message can be received without                          definitions apply to this section:
                                                                                                                                                               (3) During periods of enforcement,
                                             jeopardizing the safety or security of                      (1) Designated representative. A                   upon being hailed by a U.S. Coast Guard
                                             people, places or vessels.                               ‘‘designated representative’’ is any Coast            vessel by siren, radio, flashing light, or
                                             List of Subjects in 33 CFR Part 165                      Guard commissioned, warrant or petty                  other means, the operator of the vessel
                                                                                                      officer of the U.S. Coast Guard who has               must proceed as directed.
                                               Harbors, Marine safety, Navigation                     been designated by the COTP to act on
                                             (water), Reporting and recordkeeping                     his or her behalf. A designated                         Dated: June 22, 2017.
                                             requirements, Security measures, and                     representative may be on an official                  Michael H. Day,
                                             Waterways.                                               patrol vessel or may be on shore and                  Captain, U.S. Coast Guard, Captain of the
                                               For the reasons discussed in the                       will communicate with vessels via                     Port New York.
                                             preamble, the Coast Guard amends 33                      VHF–FM radio or loudhailer. In                        [FR Doc. 2017–15694 Filed 7–25–17; 8:45 am]
                                             CFR part 165 as follows:                                 addition, members of the Coast Guard                  BILLING CODE 9110–04–P
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Document Created: 2017-07-26 01:30:25
Document Modified: 2017-07-26 01:30:25
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 without actual notice from July 26, 2017 through December 31, 2017. For the purposes of enforcement, actual notice will be used from July 22, 2017 through July 26, 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 34612 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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