82 FR 45981 - Safety Zone; Patapsco River, Northwest and Inner Harbors; Baltimore, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 190 (October 3, 2017)
Coast Guard
Federal Register Volume 82, Issue 190 (October 3, 2017)
| Page Range | 45981-45984 | |
| FR Document | 2017-21180 |
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)] [Rules and Regulations] [Pages 45981-45984] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21180] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0808] RIN 1625-AA00 Safety Zone; Patapsco River, Northwest and Inner Harbors; Baltimore, MD AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for certain waters of the Patapsco River, Northwest Harbor and Inner Harbor. This action is necessary to provide for the safety of life on the navigable waters at Baltimore, MD, during the movement of the historic sloop-of-war USS CONSTELLATION on October 26, 2017. If necessary, due to inclement weather, the event will be rescheduled for October 27, 2017. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland--National Capital Region. DATES: This rule is effective from 8 a.m. on October 26, 2017, through 1 p.m. on October 27, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0808 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. Ronald L. Houck, at Sector Maryland--National Capital Region, Waterways Management Division, U.S. Coast Guard; telephone 410- 576-2674, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code [[Page 45982]] II. Background Information and Regulatory History On September 15, 2017, Historic Ships in Baltimore of Baltimore, MD, notified the Coast Guard that from 9 a.m. to noon on October 26, 2017, it will be conducting a tow of the historic sloop-of-war USS CONSTELLATION in Baltimore, MD, from its berth at the Inner Harbor to a point on the Patapsco River near the Fort McHenry National Monument and Historic Shrine, and its return to its berth at the Inner Harbor. This rule involves the USS CONSTELLATION ``turn-around'' cruise, an event that takes place in Baltimore, MD. A permanent safety zone for this rule, with an enforcement period from 2 p.m. through 7 p.m. local time annually on the Thursday before Memorial Day (observed), has been published and is detailed at Title 33 Code of Federal Regulations, section 165.512. However, due to a change in scheduling, the event this year is planned for October 26, 2017. If necessary, due to inclement weather, the event will be rescheduled for October 27, 2017. The event is scheduled to start at 9 a.m. and the event location remains unchanged. The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule due to the short time period between event planners notifying the Coast Guard of details concerning the event, on September 15, 2017, and publication of this safety zone. It is impracticable and contrary to the public interest to publish an NPRM to provide a notice and an opportunity for comment period because we must establish this safety zone by October 26, 2017 to ensure the safety of vessels and the navigable waters before, during, and after the scheduled event. Such hazards include vessels colliding, sinking or grounding, creating hazards to navigation, and threatening the marine environment. 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. Delaying the effective date of this rule would be impracticable and contrary to public interest because immediate action is needed to respond to the potential safety hazards associated with a movement of a historic sloop-of war being towed in confined waters during the boating season in Baltimore, MD. 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 the USS CONSTELLATION ``turn-around'' cruise will be a safety concern for anyone on the Patapsco River, Northwest Harbor and Inner Harbor. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a safety zone from 8 a.m. through 1 p.m. on October 26, 2017, and, if necessary due to inclement weather, from 8 a.m. through 1 p.m. on October 27, 2017. The safety zone will include all navigable waters within 200 yards ahead of and 100 yards outboard or aft of the historic sloop-of-war USS CONSTELLATION while operating in the Inner Harbor, the Northwest Harbor or the Patapsco River. This location is entirely within the Area of Responsibility of the COTP Maryland-National Capital Region, as set forth at 33 CFR 3.25-15. This rule requires any unauthorized persons in the regulated area at the time this safety zone is in effect to immediately proceed out of the zone. Except for USS CONSTELLATION ``turn-around'' participants, and vessels at berth, mooring, or at anchor, this rule temporarily requires all vessels in the designated safety zone as defined by this rule to immediately depart the safety zone. Entry into this safety zone is prohibited, unless specifically authorized by the COTP Maryland-- National Capital Region. Coast Guard personnel will be present to prevent the movement of unauthorized persons into the zone. Federal, state, and local agencies may assist the Coast Guard in the enforcement of this rule. The COTP Maryland--National Capital Region will issue Broadcast Notices to Mariners to further publicize the safety zone and notify the public of changes in the status of the zone. Such notices will continue until the event is complete. The regulatory text appears at the end of this document. 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 13771 directs agencies to control regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone, which will impact a small designated area of the Patapsco River, Northwest Harbor and Inner Harbor for five hours during the weekday when vessel traffic is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 22A about the zone. Such notifications will be updated as necessary, to keep the maritime community informed of the status of the safety 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 [[Page 45983]] 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 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.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 safety zone lasting approximately five hours that will prohibit entry within 200 yards ahead of and 100 yards outboard or aft of the historic sloop-of-war USS CONSTELLATION. 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) supporting this determination is available in the docket where indicated under ADDRESSES. 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, 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, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T05-0808 to read as follows: Sec. 165.T05-0808 Safety Zone; Patapsco River, Northwest and Inner Harbors; Baltimore, MD. (a) Definitions. As used in this section: Captain of the Port Maryland--National Capital Region means the Commander, U.S. Coast Guard Sector Maryland--National Capital Region or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Maryland--National Capital Region to assist in enforcing the safety zone described in paragraph (b) of this section. USS CONSTELLATION ``turn-around'' participants means the USS CONSTELLATION, its support craft and the accompanying towing vessels. (b) Location. The following area is a moving safety zone: The navigable waters within 200 yards ahead of or 100 yards outboard or aft of the historic sloop-of-war USS CONSTELLATION, while operating in the Inner Harbor, the Northwest Harbor or the Patapsco River. (c) Regulations. (1) The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section, Sec. 165.T05.0808. (2) With the exception of USS CONSTELLATION ``turn-around'' participants, and vessels at berth, mooring, or at anchor, entry into or remaining in this zone is prohibited, unless authorized by the Captain of the Port, Maryland--National Capital Region. All vessels underway within this safety zone at the time it is implemented shall depart the safety zone. (3) Persons or vessels requiring entry into or passage through the moving safety zone must first request authorization from the Captain of the Port, Maryland--National Capital Region to seek permission to transit the area. The Captain of the Port, Maryland--National Capital Region can be contacted at telephone number (410) 576-2693 and on Marine Band Radio VHF Channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the person or vessel shall proceed as directed. If permission is granted, all persons or vessels must comply with the instructions of the Captain of the Port, Maryland--National [[Page 45984]] Capital Region, and proceed at the minimum speed necessary to maintain a safe course while within the zone. (4) The COTP Maryland--National Capital Region will notify the public of any changes in the status of this safety zone by Marine Safety Radio Broadcast on VHF-FM marine band radio channel 22A (157.1 MHZ). (d) Enforcement officials. The U.S. Coast Guard may be assisted by Federal, State and local agencies in the patrol and enforcement of the zone. (e) Enforcement period. This section will be enforced from 8 a.m. through 1 p.m. on October 26, 2017, and, if necessary due to inclement weather, from 8 p.m. through 1 p.m. on October 27, 2017. Dated: September 27, 2017. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland--National Capital Region. [FR Doc. 2017-21180 Filed 10-2-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45981
FOR FURTHER INFORMATION CONTACT: If River, mile 59.0, at Sacramento, CA. The Dated: September 27, 2017.
you have questions on this temporary deviation is necessary to allow the Carl T. Hausner,
deviation, call or email Mr. Steven community to participate in the District Bridge Chief, Eleventh Coast Guard
Fischer, Bridge Administrator, Sacramento Century Challenge bicycle District.
Thirteenth Coast Guard District; race. This deviation allows the bridge to [FR Doc. 2017–21099 Filed 10–2–17; 8:45 am]
telephone 206–220–7282, email d13-pf- remain in the closed-to-navigation BILLING CODE 9110–04–P
d13bridges@uscg.mil. position during the deviation period.
SUPPLEMENTARY INFORMATION: On DATES: This deviation is effective from
September 1, 2017, we published a 7 a.m. through 10 a.m. on October 7, DEPARTMENT OF HOMELAND
temporary deviation entitled 2017. SECURITY
‘‘Drawbridge Operation Regulation;
ADDRESSES: The docket for this Coast Guard
Willamette River, Portland, OR’’ in the
deviation, USCG–2017–0918, is
Federal Register (82 FR 41520). The
available at http://www.regulations.gov. 33 CFR Part 165
temporary deviation provided
Type the docket number in the
Multnomah County with additional [Docket Number USCG–2017–0808]
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
time to complete necessary bridge
Click on Open Docket Folder on the line RIN 1625–AA00
repairs. This deviation was authorized
associated with this deviation.
under 33 CFR 117.35. Safety Zone; Patapsco River,
While replacing the bridge decking, FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary Northwest and Inner Harbors;
the bridge owner’s construction crew Baltimore, MD
experienced delays with both material deviation, call or email Carl T. Hausner,
deliveries and machining bolt hole Chief, Bridge Section, Eleventh Coast AGENCY: Coast Guard, DHS.
tolerances. Therefore, more time was Guard District; telephone 510–437–
ACTION: Temporary final rule.
needed to complete the necessary tests 3516; email Carl.T.Hausner@uscg.mil.
and inspections. The subject temporary SUPPLEMENTARY INFORMATION: The SUMMARY: The Coast Guard is
deviation was approved by mistake in California Department of Transportation establishing a temporary safety zone for
an attempt to give the bridge owner has requested a temporary change to the certain waters of the Patapsco River,
more time to finish construction. After operation of the Tower Drawbridge over Northwest Harbor and Inner Harbor.
approval of the temporary deviation it the Sacramento River, mile 59.0, at This action is necessary to provide for
was discovered that 180 days would not Sacramento, CA. The drawbridge the safety of life on the navigable waters
be enough time to complete navigation span provides a vertical at Baltimore, MD, during the movement
construction. After we approved this clearance of 30 feet above Mean High of the historic sloop-of-war USS
temporary deviation, we approved a Water in the closed-to-navigation CONSTELLATION on October 26, 2017.
temporary interim rule in order to position. The draw operates as required If necessary, due to inclement weather,
provide more time to finish the bridge by 33 CFR 117.189(a). Navigation on the the event will be rescheduled for
construction. The temporary interim waterway is commercial and October 27, 2017. This action will
rule effectively replaces the temporary recreational. prohibit persons and vessels from
deviation. Therefore, we are cancelling The drawspan will be secured in the entering the safety zone unless
this temporary deviation; docket closed-to-navigation position from 7 authorized by the Captain of the Port
number USCG–2017–0826 concerning a.m. through 10 a.m. on October 7, 2017, Maryland—National Capital Region.
the Morrison Bridge. to allow the community to participate in DATES: This rule is effective from 8 a.m.
Dated: September 27, 2017. the Sacramento Century Challenge on October 26, 2017, through 1 p.m. on
Steven M. Fischer,
bicycle race. This temporary deviation October 27, 2017.
has been coordinated with the waterway ADDRESSES: To view documents
Bridge Administrator, Thirteenth Coast Guard
District.
users. No objections to the proposed mentioned in this preamble as being
temporary deviation were raised. available in the docket, go to http://
[FR Doc. 2017–21169 Filed 10–2–17; 8:45 am]
Vessels able to pass through the bridge www.regulations.gov, type USCG–2017–
BILLING CODE 9110–04–P
in the closed position may do so at 0808 in the ‘‘SEARCH’’ box and click
anytime. In the event of an emergency ‘‘SEARCH.’’ Click on Open Docket
the draw can open on signal if at least Folder on the line associated with this
DEPARTMENT OF HOMELAND
one hour notice is given to the bridge rule.
SECURITY
operator. There are no immediate
FOR FURTHER INFORMATION CONTACT: If
Coast Guard alternate routes for vessels to pass. The
you have questions on this rule, call or
Coast Guard will also inform the users
email Mr. Ronald L. Houck, at Sector
33 CFR Part 117 of the waterway through our Local and
Maryland—National Capital Region,
Broadcast Notices to Mariners of the
[Docket No. USCG–2017–0918] Waterways Management Division, U.S.
change in operating schedule for the
Coast Guard; telephone 410–576–2674,
bridge so that vessel operators can
Drawbridge Operation Regulation; email Ronald.L.Houck@uscg.mil.
arrange their transits to minimize any
Sacramento River, Sacramento, CA SUPPLEMENTARY INFORMATION:
impact caused by the temporary
AGENCY: Coast Guard, DHS. deviation. I. Table of Abbreviations
jstallworth on DSKBBY8HB2PROD with RULES
ACTION:Notice of deviation from In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular CFR Code of Federal Regulations
drawbridge regulation. COTP Captain of the Port
operating schedule immediately at the DHS Department of Homeland Security
SUMMARY: The Coast Guard has issued a end of the effective period of this FR Federal Register
temporary deviation from the operating temporary deviation. This deviation NPRM Notice of proposed rulemaking
schedule that governs the Tower from the operating regulations is § Section
Drawbridge across the Sacramento authorized under 33 CFR 117.35. U.S.C. United States Code
VerDate Sep<11>2014 15:04 Oct 02, 2017 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\03OCR1.SGM 03OCR1](https://thefederalregister.org/doc/82_FR_46171/page/1.svg)
![45984 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
Capital Region, and proceed at the ADDRESSES: You may submit comments operations in and over the channel,
minimum speed necessary to maintain a identified by docket number USCG– including, but not limited to,
safe course while within the zone. 2017–0937 using the Federal substructure concrete placements, steel
(4) The COTP Maryland—National eRulemaking Portal at http:// erection, concrete bridge deck
Capital Region will notify the public of www.regulations.gov. See the ‘‘Public placements, installation of navigation
any changes in the status of this safety Participation and Request for lighting, channel clean up and final
zone by Marine Safety Radio Broadcast Comments’’ portion for further fathometric surveying. The Coast Guard
on VHF–FM marine band radio channel instructions on submitting comments. is issuing this TIR with an effective date
22A (157.1 MHZ). FOR FURTHER INFORMATION CONTACT: If through December 31, 2018 in case of
(d) Enforcement officials. The U.S. you have questions on this rule, call or additional project delays due to
Coast Guard may be assisted by Federal, email Mr. Jeff Yunker, Coast Guard unforeseen circumstances.
State and local agencies in the patrol Sector New York, Waterways The Coast Guard is issuing this
and enforcement of the zone. Management Division, telephone 718– temporary interim rule without prior
(e) Enforcement period. This section 354–4195, email Jeff.M.Yunker@ notice and opportunity to comment
will be enforced from 8 a.m. through 1 uscg.mil or Mr. Craig Lapiejko, Coast pursuant to authority under section 4(a)
p.m. on October 26, 2017, and, if Guard First District Waterways of the Administrative Procedure Act
necessary due to inclement weather, Management Branch, telephone 617– (APA) (5 U.S.C. 553(b)). This provision
from 8 p.m. through 1 p.m. on October 223–8351, email craig.d.lapiejko@ authorizes an agency to issue a rule
27, 2017. uscg.mil. without prior notice and opportunity to
Dated: September 27, 2017. comment when the agency for good
SUPPLEMENTARY INFORMATION: cause finds that those procedures are
Lonnie P. Harrison, Jr.,
I. Table of Abbreviations ‘‘impracticable, unnecessary, or contrary
Captain, U.S. Coast Guard, Captain of the
to the public interest.’’ Under 5 U.S.C.
Port Maryland—National Capital Region. CFR Code of Federal Regulations 553(b), the Coast Guard finds that good
[FR Doc. 2017–21180 Filed 10–2–17; 8:45 am] COTP Captain of the Port New York cause exists for not publishing a notice
BILLING CODE 9110–04–P DHS Department of Homeland Security
FR Federal Register
of proposed rulemaking with respect to
NPRM Notice of proposed rulemaking this rule because it is impracticable as
NYC DOT New York City Department of it is necessary to protect the safety of
DEPARTMENT OF HOMELAND
Transportation both the construction crew and the
SECURITY waterway users operating in the vicinity
§ Section
Coast Guard TIR Temporary Interim Rule of the bridge construction zone. A delay
U.S.C. United States Code or cancellation of the currently ongoing
33 CFR Part 165 II. Background Information and bridge rehabilitation project in order to
Regulatory History accommodate a full notice and comment
[Docket Number USCG–2017–0937] period would delay necessary
In a letter received by the Coast Guard operations, result in increased costs,
RIN 1625–AA00
on May 16, 2013 NYC DOT and their and delay the date when the bridge is
Safety Zone; Belt Parkway Bridge contractors outlined the first five phases expected to reopen for normal
Construction, Gerritsen Inlet; of operations that require in-channel operations.
Brooklyn, NY work in the construction and demolition Under 5 U.S.C. 553(d)(3), the Coast
of the Belt Parkway Bridge. On Guard finds that good cause exists for
AGENCY: Coast Guard, DHS. November 29, 2013, the Coast Guard making this rule effective less than 30
ACTION: Temporary interim rule and published a NPRM titled ‘‘Safety Zone; days after publication in the Federal
request for comments. Belt Parkway Bridge Construction, Register. It would be impracticable and
Gerritsen Inlet, Brooklyn, NY’’ (78 FR contrary to the public interest to delay
SUMMARY: The Coast Guard is 71546). There we stated why we issued promulgating this rule, for the reasons
establishing a temporary safety zone on the NPRM, and invited comments on stated above. The Coast Guard will
the navigable waters of Gerritsen Inlet our proposed regulatory action related enforce the safety zone described in this
surrounding the Belt Parkway Bridge. to this bridge construction. During the rule to all vessel traffic during
This action is necessary to provide for comment period that ended December circumstances that pose an imminent
the safety of life on these navigable 20, 2013, we received no comments. threat to waterway users operating in
waters in Brooklyn, NY, during bridge On May 12, 2014, the Coast Guard the area. The Coast Guard will provide
replacement operations, both planned published a TIR and request for as much advanced notice as possible
and unforeseen, until the new bridge is comments titled ‘‘Safety Zone; Belt prior to enforcement.
built and the existing bridge is removed. Parkway Bridge Construction, Gerritsen
This regulation prohibits persons and Inlet, Brooklyn, NY’’ (79 FR 26848). III. Legal Authority and Need for Rule
vessels from being in the safety zone During the comment period that ended The Coast Guard is issuing this rule
unless authorized by the Captain of the June 2, 2014, we received no comments. under authority in 33 U.S.C. 1231. The
Port New York or a designated On July 25, 2014 the Coast Guard COTP has determined that potential
representative. published a correcting amendment hazards associated with the
DATES: This rule is effective without titled ‘‘Safety Zone; Belt Parkway Bridge construction of the Belt Parkway
actual notice from October 3, 2017 Construction, Gerritsen Inlet, Brooklyn, replacement bridge over Gerritsen Inlet
jstallworth on DSKBBY8HB2PROD with RULES
through December 31, 2018. For the NY’’ (79 FR 43255). There we corrected will be a safety concern for anyone
purposes of enforcement, actual notice an inadvertent error included in one of within approximately 300 feet of the
will be used from 12:01 a.m. on October the coordinates of the safety zone. existing bridge. This rule is needed to
1, 2017 through October 3, 2017. The NYC DOT has requested the protect personnel, vessels, and the
Comments and related material may USCG safety zone and the USCG bridge marine environment in the navigable
be received by the Coast Guard during permit be extended until June 30, 2018, waters within the safety zone during
the effective period. to complete all remaining contract bridge construction.
VerDate Sep<11>2014 15:04 Oct 02, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\03OCR1.SGM 03OCR1](https://thefederalregister.org/doc/82_FR_46171/page/4.svg)
Document Created: 2017-10-03 01:01:45
Document Modified: 2017-10-03 01:01:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 8 a.m. on October 26, 2017, through 1 p.m. on October 27, 2017. | |
| Contact | If you have questions on this rule, call or email Mr. Ronald L. Houck, at Sector Maryland--National Capital Region, Waterways Management Division, U.S. Coast Guard; telephone 410- 576-2674, email [email protected] | |
| FR Citation | 82 FR 45981 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR