82 FR 45984 - Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet; Brooklyn, NY
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 | 45984-45986 | |
| FR Document | 2017-21232 |
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)] [Rules and Regulations] [Pages 45984-45986] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21232] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0937] RIN 1625-AA00 Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet; Brooklyn, NY AGENCY: Coast Guard, DHS. ACTION: Temporary interim rule and request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on the navigable waters of Gerritsen Inlet surrounding the Belt Parkway Bridge. This action is necessary to provide for the safety of life on these navigable waters in Brooklyn, NY, during bridge replacement operations, both planned and unforeseen, until the new bridge is built and the existing bridge is removed. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port New York or a designated representative. DATES: This rule is effective without actual notice from October 3, 2017 through December 31, 2018. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on October 1, 2017 through October 3, 2017. Comments and related material may be received by the Coast Guard during the effective period. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0937 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways Management Division, telephone 718-354-4195, email [email protected] or Mr. Craig Lapiejko, Coast Guard First District Waterways Management Branch, telephone 617-223-8351, 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 FR Federal Register NPRM Notice of proposed rulemaking NYC DOT New York City Department of Transportation Sec. Section TIR Temporary Interim Rule U.S.C. United States Code II. Background Information and Regulatory History In a letter received by the Coast Guard on May 16, 2013 NYC DOT and their contractors outlined the first five phases of operations that require in-channel work in the construction and demolition of the Belt Parkway Bridge. On November 29, 2013, the Coast Guard published a NPRM titled ``Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet, Brooklyn, NY'' (78 FR 71546). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this bridge construction. During the comment period that ended December 20, 2013, we received no comments. On May 12, 2014, the Coast Guard published a TIR and request for comments titled ``Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet, Brooklyn, NY'' (79 FR 26848). During the comment period that ended June 2, 2014, we received no comments. On July 25, 2014 the Coast Guard published a correcting amendment titled ``Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet, Brooklyn, NY'' (79 FR 43255). There we corrected an inadvertent error included in one of the coordinates of the safety zone. The NYC DOT has requested the USCG safety zone and the USCG bridge permit be extended until June 30, 2018, to complete all remaining contract operations in and over the channel, including, but not limited to, substructure concrete placements, steel erection, concrete bridge deck placements, installation of navigation lighting, channel clean up and final fathometric surveying. The Coast Guard is issuing this TIR with an effective date through December 31, 2018 in case of additional project delays due to unforeseen circumstances. The Coast Guard is issuing this temporary interim 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), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking with respect to this rule because it is impracticable as it is necessary to protect the safety of both the construction crew and the waterway users operating in the vicinity of the bridge construction zone. A delay or cancellation of the currently ongoing bridge rehabilitation project in order to accommodate a full notice and comment period would delay necessary operations, result in increased costs, and delay the date when the bridge is expected to reopen for normal operations. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. It would be impracticable and contrary to the public interest to delay promulgating this rule, for the reasons stated above. The Coast Guard will enforce the safety zone described in this rule to all vessel traffic during circumstances that pose an imminent threat to waterway users operating in the area. The Coast Guard will provide as much advanced notice as possible prior to enforcement. 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 construction of the Belt Parkway replacement bridge over Gerritsen Inlet will be a safety concern for anyone within approximately 300 feet of the existing bridge. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during bridge construction. [[Page 45985]] IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published November 29, 2013 or on our TIR published May 12, 2014. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM or in the previous TIR except for the effective period. This rule establishes a safety zone from 12:01 a.m. on October 1, 2017 through December 31, 2018. The safety zone will cover all navigable waters within approximately 300 feet of the existing Belt Parkway Bridge over Gerritsen Inlet. The duration of the zone is intended to ensure the safety of vessels and these navigable waters during bridge construction. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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, and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the fact that vessel traffic will only be restricted from this safety zone for limited durations and the safety zone covers only a small portion of the navigable waterway. The Coast Guard will notify the public whenever the safety zone is being enforced and whenever enforcement is suspended through Broadcast Notice to Mariners via VHF-FM marine channel 16, First Coast Guard District Local Notice to Mariners at https://www.navcen.uscg.gov, Marine Safety Information Bulletins, or other appropriate means. The rule also allows people to seek permission to enter the zone. Additionally, NYC DOT has a Community Liaison for this project that also communicates with upstream mariners regarding the bridge project and channel status. 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 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 (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 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 usually enforced for less than 1 hour that will prohibit entry within approximately 300 feet of the existing Belt Parkway Bridge over Gerritsen Inlet. It is categorically excluded from further review under paragraph 34(g) of [[Page 45986]] Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration 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. VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this TIR as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted. List of Subjects in 33 CFR Part 165 Marine safety, Navigation (water), Reporting and recordkeeping requirements, 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.T01-0937 to read as follows: Sec. 165.T01-0937 Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet, Brooklyn, NY. (a) Location. The following area is a safety zone: All navigable waters of Gerritsen Inlet: Southeast of a line from 40[deg]35'09.46'' N., 073[deg]54'53.92'' W. to 40[deg]35'15.60'' N., 073[deg]54'42.07'' W., and Northwest of a line from 40[deg]35'04.88'' N., 073[deg]54'45.43'' W. to 40[deg]35'10.34'' N., 073[deg]54'35.71'' W. (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 Captain of the Port Sector New York (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (c) Enforcement Periods. (1) This regulation is enforceable 24 hours a day from 12:01 a.m. on October 1, 2017 through December 31, 2018. (2) Prior to commencing or suspending enforcement of this regulation, the COTP and designated on-scene patrol personnel will notify the public whenever the regulation is being enforced and whenever enforcement is lifted, to include dates and times. The means of notification will include, but are not limited to, Broadcast Notice to Mariners and Local Notice to Mariners, Marine Safety Information Bulletins, or other appropriate means. (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 the 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: September 14, 2017. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2017-21232 Filed 10-2-17; 8:45 am] BILLING CODE 9110-04-P
![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.
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![45986 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
Figure 2–1 of the Commandant PART 165—REGULATED NAVIGATION (3) During periods of enforcement,
Instruction. A Record of Environmental AREAS AND LIMITED ACCESS AREAS upon being hailed by a U.S. Coast Guard
Consideration supporting this vessel by siren, radio, flashing light, or
determination is available in the docket ■ 1. The authority citation for part 165 other means, the operator of the vessel
where indicated under ADDRESSES. continues to read as follows: must proceed as directed.
Authority: 33 U.S.C 1231; 50 U.S.C. 191, Dated: September 14, 2017.
G. Protest Activities 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; M.H. Day,
Department of Homeland Security Delegation
The Coast Guard respects the First No. 0170.1.
Captain, U.S. Coast Guard, Captain of the
Amendment rights of protesters. Port New York.
Protesters are asked to contact the ■ 2. Add § 165.T01–0937 to read as [FR Doc. 2017–21232 Filed 10–2–17; 8:45 am]
person listed in the FOR FURTHER follows: BILLING CODE 9110–04–P
INFORMATION CONTACT section to
§ 165.T01–0937 Safety Zone; Belt Parkway
coordinate protest activities so that your Bridge Construction, Gerritsen Inlet,
message can be received without DEPARTMENT OF HOMELAND
Brooklyn, NY. SECURITY
jeopardizing the safety or security of (a) Location. The following area is a
people, places or vessels. safety zone: All navigable waters of Coast Guard
VI. Public Participation and Request for Gerritsen Inlet: Southeast of a line from
Comments 40°35′09.46″ N., 073°54′53.92″ W. to 33 CFR Part 165
40°35′15.60″ N., 073°54′42.07″ W., and [Docket Number USCG–2017–0886]
We view public participation as Northwest of a line from 40°35′04.88″
essential to effective rulemaking, and N., 073°54′45.43″ W. to 40°35′10.34″ N., RIN 1625–AA00
will consider all comments and material 073°54′35.71″ W. (NAD 83).
(b) Definitions. The following Safety Zone; Roanoke River, Plymouth,
received during the comment period. NC
Your comment can help shape this definitions apply to this section:
rulemaking. If you submit a comment, (1) Designated Representative. A AGENCY: Coast Guard, DHS.
please include the docket number for ‘‘designated representative’’ is any Coast ACTION: Temporary final rule.
this rulemaking, indicate the specific Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has SUMMARY: The Coast Guard is
section of this document to which each
been designated by the Captain of the establishing a temporary safety zone for
comment applies, and provide a reason one mile of navigable waters of the
for each suggestion or recommendation. Port Sector New York (COTP), to act on
his or her behalf. The designated Roanoke River in Plymouth, North
We encourage you to submit representative may be on an official Carolina. This temporary safety zone is
comments through the Federal patrol vessel or may be on shore and intended to restrict vessel traffic from a
eRulemaking Portal at http:// will communicate with vessels via portion of the Roanoke River during the
www.regulations.gov. If your material VHF–FM radio or loudhailer. In Virginia Outlaw Drag Boat Association
cannot be submitted using http:// addition, members of the Coast Guard End of the Year Showdown high speed
www.regulations.gov, contact the person Auxiliary may be present to inform boat race. This action is intended to
in the FOR FURTHER INFORMATION vessel operators of this regulation. restrict vessel traffic movement in the
CONTACT section of this document for (2) Official Patrol Vessels. Official regulated area to protect participants,
alternate instructions. patrol vessels may consist of any Coast spectators, and property from the
Guard, Coast Guard Auxiliary, state, or hazards posed by high speed boat races.
We accept anonymous comments. All Entry of vessels or persons into this
comments received will be posted local law enforcement vessels assigned
or approved by the COTP. safety zone is prohibited unless
without change to http:// specifically authorized by the Captain of
www.regulations.gov and will include (c) Enforcement Periods.
(1) This regulation is enforceable 24 the Port (COTP), North Carolina or a
any personal information you have designated representative.
hours a day from 12:01 a.m. on October
provided. For more about privacy and DATES: This rule is effective from 11
1, 2017 through December 31, 2018.
the docket, visit http:// a.m. on October 7, 2017, through 6 p.m.
(2) Prior to commencing or
www.regulations.gov/privacyNotice. on October 8, 2017.
suspending enforcement of this
Documents mentioned in this TIR as regulation, the COTP and designated on- ADDRESSES: To view documents
being available in the docket, and all scene patrol personnel will notify the mentioned in this preamble, go to
public comments, will be in our online public whenever the regulation is being http://www.regulations.gov, type USCG–
docket at http://www.regulations.gov enforced and whenever enforcement is 2017–0886 in the ‘‘SEARCH’’ box and
and can be viewed by following that lifted, to include dates and times. The click ‘‘SEARCH.’’ Click on Open Docket
Web site’s instructions. Additionally, if means of notification will include, but Folder on the line associated with this
you go to the online docket and sign up are not limited to, Broadcast Notice to rule.
for email alerts, you will be notified Mariners and Local Notice to Mariners, FOR FURTHER INFORMATION CONTACT: If
when comments are posted. Marine Safety Information Bulletins, or you have questions on this rule, contact
other appropriate means. Petty Officer Matthew Tyson,
List of Subjects in 33 CFR Part 165 (d) Regulations. (1) The general Waterways Management Division, U.S.
jstallworth on DSKBBY8HB2PROD with RULES
Marine safety, Navigation (water), regulations contained in 33 CFR 165.23, Coast Guard Sector North Carolina,
Reporting and recordkeeping as well as the following regulations, Wilmington, NC; telephone: 910–772–
requirements, waterways. apply. 2221, email: Matthew.I.Tyson@uscg.mil.
(2) During periods of enforcement, all SUPPLEMENTARY INFORMATION:
For the reasons discussed in the persons and vessels must comply with
preamble, the Coast Guard amends 33 all orders and directions from the COTP I. Table of Abbreviations
CFR part 165 as follows: or the COTP’s designated representative. CFR Code of Federal Regulations
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Document Created: 2017-10-03 01:01:38
Document Modified: 2017-10-03 01:01:38
| 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 interim rule and request for comments. | |
| Dates | This rule is effective without actual notice from October 3, 2017 through December 31, 2018. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on October 1, 2017 through October 3, 2017. | |
| Contact | If you have questions on this rule, call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways Management Division, telephone 718-354-4195, email [email protected] or Mr. Craig Lapiejko, Coast Guard First District Waterways Management Branch, telephone 617-223-8351, email [email protected] | |
| FR Citation | 82 FR 45984 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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