83 FR 29007 - Regulated Navigation Area and Safety Zone, Harlem River and Hudson River, Manhattan, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 121 (June 22, 2018)
Coast Guard
Federal Register Volume 83, Issue 121 (June 22, 2018)
| Page Range | 29007-29011 | |
| FR Document | 2018-13441 |
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)] [Rules and Regulations] [Pages 29007-29011] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13441] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0523] RIN 1625-AA00; 1625-AA11 Regulated Navigation Area and Safety Zone, Harlem River and Hudson River, Manhattan, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- [[Page 29008]] SUMMARY: The Coast Guard is establishing a temporary regulated navigation area and safety zone for waters of the Harlem and Hudson Rivers in the vicinity of the Amtrak Spuyten Duyvil Railroad Bridge at mile 7.9 over the Harlem River. The regulated navigation area and safety zone are needed to protect personnel, vessels, and the marine environment from potential hazards created by the removal and reinstallation of the swing span portion of the Spuyten Duyvil Railroad Bridge. During heavy lift operations this regulated navigation area will establish speed restrictions on vessels transiting the Hudson River to eliminate vessel wake. During heavy lift operations entry of vessel or persons into this safety zone is prohibited unless specifically authorized by the First District Commander or a designated representative. DATES: This rule is effective without actual notice from June 22, 2018 through September 30, 2018. For the purposes of enforcement, actual notice will be used from June 12, 2018 through June 22, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0523 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. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223-8351, email [email protected]. You may also call or email Mr. Jeff Yunker, Waterways Management Division, U.S. Coast Guard Sector New York, telephone (718) 354-4195, 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 LNM Local Notice to Mariners NPRM Notice of proposed rulemaking RNA Regulated Navigation Area Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On May 1, 2018, Amtrak sent the U.S. Coast Guard a letter describing work it would be conducting to remove and replace the moveable portion of the Spuyten Duyvil Railroad Bridge over the Harlem River at mile 7.9. On May 7, 2018, the U.S. Coast Guard District One Bridge Administration notified Amtrak, the bridge owner, that it had no objections to the proposed project. From May 27 to September 29, 2018, Amtrak will be repairing the Spuyten Duyvil Railroad Bridge. This repair project includes the removal and reinstallation of the swing span of the bridge. During the removal of the swing span a crane barge and support vessels will be staged near the bridge. The swing span will be lifted from the bridge by a heavy lift crane barge and then secured to another barge. The barge with the swing span will then be towed away and moored west of the bridge, in the Hudson River. These operations, from preparing for the removal of the swing span, removing and securing the swing span to the waiting barge, to mooring the barge with the secured swing span in the Hudson River, will take approximately 72 hours. Amtrak anticipates this work will be conducted over a three-day period between June 12 and June 17, 2018. During the reinstallation of the swing span a barge and support vessels will again be staged near the bridge. The swing span will be lifted from a support barge by a heavy lift crane barge and reinstalled. The preparation for and reinstallation of the swing span will take approximately 72 hours. Amtrak anticipates this work will be conducted over a three-day period between July 15 and July 28, 2018. 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)(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 because the schedule for the removal and reinstallation of the swing span was only recently finalized and provided to the Coast Guard, and timely action is needed to respond to the potential safety hazards associated with this bridge project. The schedule for the repairs and notification to the Coast Guard was delayed by the late finalization of project details, including coordinating the two heavy lift operations with the schedules of known waterway users, and writing a Maintenance of Waterway Traffic Plan. It is impracticable and contrary to the public interest to publish an NPRM because we must establish this RNA and safety zone by June 12, 2018, to allow for timely repairs to the bridge's swing span and promote the safety of the public. 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. Delaying the effective date of this rule would be impracticable and contrary to the public interest because timely action is needed to respond to the potential safety hazards associated with repairs to the swing span of the bridge. III. Legal Authority and Need for Rule The First District Commander has determined that potential hazards associated with the bridge swing span removal and reinstallation will be a safety concern for anyone within approximately 300 yards of the center of the Spuyten Duyvil Railroad Bridge. The RNA and safety zone are needed to ensure the safety of personnel, vessels, and the marine environment from hazards associated with the removal and replacement of Spuyten Duyvil Railroad Bridge. The Coast Guard anticipates that crane lifting operations may create the potential for falling debris into the waterway. The RNA is needed to limit vessel speed and wake of all vessels operating in the Hudson River in the vicinity to minimize the unexpected or uncontrolled movement of water. Construction operations utilizing a crane barge are sensitive to water movement and wake from passing vessels could pose significant risk of injury or death to construction workers. IV. Discussion of the Rule This rule establishes a RNA and safety zone from noon on Monday, June 12, 2018, to 11:59 p.m. on Sunday, September 30, 2018. The RNA covers all waters of the Hudson River, approximately 500 yards upstream, and downstream, of the Spuyten Duyvil Railroad Bridge from surface to bottom bound by the following approximate positions starting south of a line drawn from 40[deg]53'15.67'' N, 073[deg]56'29.22'' W, thence to 40[deg]52'56.48'' N, 073[deg]55'21.57'' W, and all waters north of a line drawn from 40[deg]52'47.97'' N, 073[deg]56'42.85'' W, thence to 40[deg]52'31.58'' N, 073[deg]55'45.06'' W (NAD 83), excluding the portion of the safety zone surrounding the Spuyten Duyvil Railroad Bridge as discussed in the following paragraph. The safety zone covers all waters of the Hudson River and Harlem River [[Page 29009]] within approximately 300 yards of the center of the Spuyten Duyvil Railroad Bridge, from surface to bottom, bound by the following approximate positions starting on the Manhattan side of Spuyten Duyvil Railroad Bridge with position 40[deg]52'38.20'' N, 073[deg]55'36.70'' W, thence to 40[deg]52'39.96'' N, 073[deg]55'43.75'' W, thence to 40[deg]52'46.34'' N, 073[deg]55'36.90'' W, thence to 40[deg]52'43.98'' N, 073[deg]55'29.83'' W, thence along the Bronx shoreline to the Henry Hudson Bridge at mile 7.2 of the Harlem River, thence south across the Harlem River following along the Henry Hudson Bridge to the Manhattan side, thence along the Manhattan shoreline to the point of origin (NAD 83). For illustrations of the RNA and the safety zone, please refer to the docket. During operations involving the removal and reinstallation of the swing span a safety zone will prohibit the transit of vessels in the Hudson River and Harlem River within approximately 300 yards of the center of the Spuyten Duyvil Railroad Bridge. This safety zone will protect personnel, vessels, and the marine environment from potential hazards created by the Spuyten Duyvil Railroad Bridge swing span removal and reinstallation project. Additionally, during the removal and reinstallation of the swing span all vessels transiting the Hudson River within the regulated navigation area (RNA) will be required to follow a ``Slow-No Wake'' speed limit. When this RNA is enforced, no vessel may produce a wake nor attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway. The heavy lift operations involving the removal and reinstallation of the bridge swing span are currently scheduled to take place in June and July 2018. The Coast Guard is publishing this rule to be effective, and enforceable, through September 30, 2018, in case the project is delayed due to unforeseen circumstances. We anticipate enforcing the RNA and safety zone during the two periods of heavy lift operations, one occurring between June 12 and approximately June 17, 2018 and the other between approximately July 15 and July 28, 2018. The RNA and safety zone is expected to be enforced for approximately two 72-hour periods when vessels are preparing for, and conducting, the swing span removal and reinstallation operations. The duration of enforcement for both the RNA and safety zone is intended to protect personnel, vessels, and the marine environment in these waters while the bridge span is being removed and reinstalled. During the enforcement periods, all vessels and persons must obtain permission from the First District Commander or a designated representative before entering the safety zone. The Coast Guard will notify the public and local mariners of this RNA and safety zone through the Local Notice to Mariners (LNM) and Broadcast Notice to Mariners via VHF-FM marine channel 16 in advance of any enforcement period. The regulatory text we are enforcing 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, this rule 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 following reasons: (1) The RNA and safety zone only impact a small designated area of the Harlem and Hudson Rivers; (2) the RNA and safety zone will only be enforced during heavy lift operations tentatively scheduled to occur between June 12-17, 2018, for the swing span removal, and between July 15-28, 2018, for the swing span reinstallation; (3) persons or vessels may transit the RNA at any time, subject to a speed restriction during any periods of enforcement; (4) persons or vessels desiring to enter the safety zone may do so when the heavy lift operations are not in progress; (5) the Coast Guard previously published the approximate project dates in the LNM #18-2018 dated May 2, 2018, LNM #19-2018 dated May 9, 2018, LNM #20-2018 dated May 17, 2018, LNM #21-2018 dated May 23, 2018, LNM #22 dated May 30, 2018, and also requested impacted mariners to contact the contractor to discuss their schedules and receive email schedule updates; (6) the contractor contacted known waterway users to discuss the project and waterway impacts. Although the heavy lift operations will result in two periods of enforcement of a safety zone, closing the Harlem River in the vicinity of the Spuyten Duyvil Railroad Bridge, these operations are scheduled to accommodate sight-seeing vessels and marine events to the greatest extent possible. The Coast Guard will also notify the public of the enforcement of this rule via appropriate means, such as the LNM and Broadcast Notice to Mariners. 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 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. [[Page 29010]] 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 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 category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the creation of an RNA and a safety zone, both of which are expected to be enforced for two periods each lasting approximately 72 hours. The RNA is will restrict the speed of vessels transiting the Hudson River within approximately 500 yards upstream and downstream of the Spuyten Duyvil Railroad Bridge while heavy lift operations are conducted. The safety zone will prohibit vessels on the Hudson and Harlem Rivers from coming within approximately 300 yards of the center of the Spuyten Duyvil Railroad Bridge during heavy lift operations. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination will be 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.T01-0523 to read as follows: Sec. 165.T01-0523 Regulated navigation area and safety zone; Harlem River and Hudson River, Manhattan, NY. (a) Location--(1) Regulated navigation area. The following is a regulated navigation area: All waters of the Hudson River, approximately 500 yards upstream, and downstream, of the Spuyten Duyvil Railroad Bridge from surface to bottom starting south of a line drawn from 40[deg]53'15.67'' N, 073[deg]56'29.22'' W, thence to 40[deg]52'56.48'' N, 073[deg]55'21.57'' W, and all waters north of a line drawn from 40[deg]52'47.97'' N, 073[deg]56'42.85'' W, thence to 40[deg]52'31.58'' N, 073[deg]55'45.06'' W (NAD 83), excluding the portion of the safety zone surrounding the Spuyten Duyvil Railroad Bridge as described in paragraph (a)(2) of this section. (2) Safety zone. The following is a safety zone: All waters of the Hudson River and Harlem River within approximately 300 yards of the center of the Spuyten Duyvil Railroad Bridge, from surface to bottom, bound by the following approximate positions starting on the Manhattan side of Spuyten Duyvil Railroad Bridge with position 40[deg]52'38.20'' N, 073[deg]55'36.70'' W, thence to 40[deg]52'39.96'' N, 073[deg]55'43.75'' W, thence to 40[deg]52'46.34'' N, 073[deg]55'36.90'' W, thence to 40[deg]52'43.98'' N, 073[deg]55'29.83'' W, thence along the Bronx shoreline to the Henry Hudson Bridge at mile 7.2 of the Harlem River, thence south across the Harlem River following along the Henry Hudson Bridge to the Manhattan side, thence along the Manhattan shoreline to the point of origin (NAD 83). (b) Definitions. As used in this section, a designated representative of the First District Commander is any Coast Guard commissioned, warrant or petty officer who has been designated by the First District Commander to act on his or her behalf. A designated representative may be on a Coast Guard vessel, other designated craft, or on shore and communicating with vessels via VHF-FM radio, loudhailer, or by phone. Members of the Coast Guard Auxiliary may be present to inform vessel operators of the regulations in this section. (c) Regulations--(1) Regulated navigation area. (i) The general regulations contained in 33 CFR 165.13 apply. (ii) During periods of enforcement, entry and movement within the RNA is subject to a ``Slow-No Wake'' speed limit. No vessel may produce a wake nor attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway. (iii) During periods of enforcement, any vessel transiting within this RNA must comply with all directions given to them by the First District Commander or the First District Commander's designated representative. (2) Safety zone. (i) The general regulations in 33 CFR 165.23 apply. (ii) Entry into, anchoring, loitering, or movement within the safety zone is prohibited during any periods of enforcement, including preparations for the heavy lift operations, the heavy lift operations, and necessary follow-on actions. This prohibition does not apply to vessels authorized to be within the zone by the District Commander or the [[Page 29011]] District Commander`s designated representative. (iii) During periods of enforcement, any vessel or person transiting through the safety zone must comply with all orders and directions from the District Commander or the District Commander's designated representative. (d) Enforcement periods. This section will be subject to enforcement from noon on June 12, 2018, to 11:59 p.m. on June 17, 2018; from 6 a.m. on July 15, 2018, to 11:59 p.m. on July 28, 2018, and at other times during the effective period of this rule when the COTP New York issues a notice of enforcement to be published in the Federal Register. In addition the COTP New York will provide notice by Broadcast Notice to Mariners, Local Notice to Mariners, or both, to announce whenever this section is subject to enforcement or whenever an announced enforcement period will be suspended. Violations of this regulation may be reported to the COTP New York at (718) 354-4353 or on VHF-Channel 16. Dated: June 12, 2018. A.J. Tiongson, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2018-13441 Filed 6-21-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29007
responsiveness to small business. If you Environmental Policy Act of 1969 (42 scheduled to begin at 10:00 p.m. on June
wish to comment on actions by U.S.C. 4321–4370f), and have 22, 2018.
employees of the Coast Guard, call 1– determined that this action is one of a (b) Enforcement period. The zone
888–REG–FAIR (1–888–734–3247). The category of actions that do not described in paragraph (a) of this
Coast Guard will not retaliate against individually or cumulatively have a section will be enforced from 11:00 a.m.
small entities that question or complain significant effect on the human until approximately 10:45 p.m. June 22,
about this rule or any policy or action environment. This rule involves a safety 2018. The Captain of the Port San
of the Coast Guard. zone of limited size and duration. It is Francisco (COTP) will notify the
categorically excluded from further maritime community of periods during
C. Collection of Information
review under Categorical Exclusion which these zones will be enforced via
This rule will not call for a new L60(a) of Appendix A, Table 1 of DHS Broadcast Notice to Mariners in
collection of information under the Instruction Manual 023–01–001–01, accordance with § 165.7.
Paperwork Reduction Act of 1995 (44 Rev. 01. A Record of Environmental (c) Definitions. As used in this
U.S.C. 3501–3520). Consideration supporting this section, ‘‘designated representative’’
D. Federalism and Indian Tribal determination is available in the docket means a Coast Guard Patrol
Governments where indicated under ADDRESSES. Commander, including a Coast Guard
coxswain, petty officer, or other officer
A rule has implications for federalism G. Protest Activities
on a Coast Guard vessel or a Federal,
under Executive Order 13132, The Coast Guard respects the First State, or local officer designated by or
Federalism, if it has a substantial direct Amendment rights of protesters. assisting the COTP in the enforcement
effect on the States, on the relationship Protesters are asked to contact the of the safety zone.
between the national government and person listed in the FOR FURTHER (d) Regulations. (1) Under the general
the States, or on the distribution of INFORMATION CONTACT section to regulations in subpart C of this part,
power and responsibilities among the coordinate protest activities so that your entry into, transiting or anchoring
various levels of government. We have message can be received without within this safety zone is prohibited
analyzed this rule under that Order and jeopardizing the safety or security of unless authorized by the COTP or the
have determined that it is consistent people, places or vessels. COTP’s designated representative.
with the fundamental federalism (2) The safety zone is closed to all
principles and preemption requirements List of Subjects in 33 CFR Part 165 vessel traffic, except as may be
described in Executive Order 13132. Harbors, Marine safety, Navigation permitted by the COTP or a designated
Also, this rule does not have tribal representative.
(water), Reporting and recordkeeping
implications under Executive Order (3) Vessel operators desiring to enter
requirements, Security measures,
13175, Consultation and Coordination or operate within the safety zone must
Waterways.
with Indian Tribal Governments, contact the COTP or a designated
because it does not have a substantial For the reasons discussed in the
representative to obtain permission to
direct effect on one or more Indian preamble, the Coast Guard amends 33
do so. Vessel operators given permission
tribes, on the relationship between the CFR part 165 as follows:
to enter or operate in the safety zone
Federal Government and Indian tribes, must comply with all directions given to
or on the distribution of power and PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS them by the COTP or a designated
responsibilities between the Federal representative. Persons and vessels may
Government and Indian tribes. If you request permission to enter the safety
believe this rule has implications for ■ 1. The authority citation for part 165
continues to read as follows: zones on VHF–23A or through the 24-
federalism or Indian tribes, please hour Command Center at telephone
contact the person listed in the FOR 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; (415) 399–3547.
FURTHER INFORMATION CONTACT section
above. Department of Homeland Security Delegation Dated: June 18, 2018.
No. 0170.1 Anthony J. Ceraolo,
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T11–928 to read as Captain, U.S. Coast Guard, Captain of the
The Unfunded Mandates Reform Act follows: Port, San Francisco.
of 1995 (2 U.S.C. 1531–1538) requires [FR Doc. 2018–13421 Filed 6–21–18; 8:45 am]
Federal agencies to assess the effects of § 165.T11–928 Safety Zone; San Francisco
BILLING CODE 9110–04–P
Giants Fireworks Display, San Francisco
their discretionary regulatory actions. In
Bay, San Francisco, CA.
particular, the Act addresses actions
that may result in the expenditure by a (a) Location. The following area is a DEPARTMENT OF HOMELAND
State, local, or tribal government, in the safety zone: All navigable waters of the SECURITY
aggregate, or by the private sector of San Francisco Bay within 100 feet of the
$100,000,000 (adjusted for inflation) or fireworks barge during loading at Pier Coast Guard
more in any one year. Though this rule 50, as well as transit and arrival near
will not result in such expenditure, we AT&T Park in San Francisco, CA. From 33 CFR Part 165
do discuss the effects of this rule 11:00 a.m. until approximately 5:00 [Docket Number USCG–2018–0523]
elsewhere in this preamble. p.m. on June 22, 2018, the fireworks
barge will be loading at Pier 50 in San RIN 1625–AA00; 1625–AA11
F. Environment Francisco, CA. The safety zone will
daltland on DSKBBV9HB2PROD with RULES
We have analyzed this rule under expand to all navigable waters around Regulated Navigation Area and Safety
Department of Homeland Security and under the firework barge within a Zone, Harlem River and Hudson River,
Management Directive 023–01 and radius of 700 feet in approximate Manhattan, NY
Commandant Instruction M16475.1D, position 37°46′36″ N, 122°22′56″ W AGENCY: Coast Guard, DHS.
which guide the Coast Guard in (NAD 83), 30 minutes prior to the start
ACTION: Temporary final rule.
complying with the National of the 15 minute fireworks display,
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District Commander‘s designated from June 14, 2018 through June 22, vessels, and the marine environment
representative. 2018. from the potential hazards associated
(iii) During periods of enforcement, with the detonation of unexploded
ADDRESSES: To view documents
any vessel or person transiting through ordnance.
mentioned in this preamble as being
the safety zone must comply with all The United States Army Corps of
available in the docket, go to http://
orders and directions from the District Engineers is conducting a Remedial
www.regulations.gov, type USCG–2018–
Commander or the District Investigation/Feasibility Study for the
0531 in the ‘‘SEARCH’’ box and click
Commander’s designated representative. Fort Pickens Munitions Response Site
(d) Enforcement periods. This section ‘‘SEARCH.’’ Click on Open Docket 01—Range Complex, located in
will be subject to enforcement from Folder on the line associated with this Escambia County, Florida. The site,
noon on June 12, 2018, to 11:59 p.m. on rule. which is located along the western tip
June 17, 2018; from 6 a.m. on July 15, FOR FURTHER INFORMATION CONTACT: If of Santa Rosa Island and extends south
2018, to 11:59 p.m. on July 28, 2018, you have questions on this rule, call or into the Gulf of Mexico, was used for
and at other times during the effective email Lieutenant Kyle D. Berry, Sector coastal defense from before the Civil
period of this rule when the COTP New Mobile Waterways Management War until after World War II. There is
York issues a notice of enforcement to Division, U.S. Coast Guard; telephone a potential that the marine investigation
be published in the Federal Register. In 251–441–5940, email Kyle.D.Berry@ may encounter munitions that will
addition the COTP New York will uscg.mil. require in-water detonation to address
provide notice by Broadcast Notice to SUPPLEMENTARY INFORMATION: potential explosive hazards. The safety
Mariners, Local Notice to Mariners, or zone will encompass a 1,000 yard
both, to announce whenever this section I. Table of Abbreviations square area detonation area surrounded
is subject to enforcement or whenever CFR Code of Federal Regulations by a 1,200 yard buffer area. The United
an announced enforcement period will COTP Captain of the Port Sector Mobile States Army Corps of Engineers will be
be suspended. Violations of this DHS Department of Homeland Security responsible for the detonation of
regulation may be reported to the COTP FR Federal Register ordnance within the safety zone.
New York at (718) 354–4353 or on VHF- NPRM Notice of proposed rulemaking
§ Section III. Legal Authority and Need for Rule
Channel 16.
U.S.C. United States Code The Coast Guard is issuing this rule
Dated: June 12, 2018. under authority in 33 U.S.C. 1231. The
A.J. Tiongson,
II. Background Information and
Regulatory History Captain of the Port Sector Mobile
Rear Admiral, U.S. Coast Guard, Commander, (COTP) has determined that potential
First Coast Guard District. The Coast Guard is issuing this hazards associated with the detonation
[FR Doc. 2018–13441 Filed 6–21–18; 8:45 am] temporary final rule without prior of unexploded ordnance beginning on
BILLING CODE 9110–04–P notice and opportunity to comment June 14, 2018 will be a safety concern
pursuant to authority under section 4(a) for any vessels or persons on the Gulf
of the Administrative Procedure Act of Mexico near Fort Pickens in
DEPARTMENT OF HOMELAND (APA) (5 U.S.C. 553(b)). This provision Pensacola, FL. This rule is necessary to
SECURITY authorizes an agency to issue a rule protect persons, vessels, and the marine
without prior notice and opportunity to environment from the potential hazards
Coast Guard comment when the agency for good associated with the detonation of
cause finds that those procedures are unexploded ordnance.
33 CFR Part 165 ‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C. IV. Discussion of the Rule
[Docket Number USCG–2018–0531]
553(b)(3)(B), the Coast Guard finds that This rule establishes a temporary
RIN 1625–AA00 good cause exists for not publishing a safety zone from June 14, 2018 through
notice of proposed rulemaking (NPRM) June 30, 2018. The safety zone will
Safety Zone; Unexploded Ordnance with respect to this rule because it is cover all navigable waters of the Gulf of
Detonation, Gulf of Mexico, impracticable and contrary to the public Mexico within the approximate
Pensacola, FL interest. It is impracticable to publish an positions 30°17′47.65″ N, 87°21′36.5″ W;
AGENCY: Coast Guard, DHS. NPRM because we must enforce this 30°17′47.65″ N, 87°19′39.8″ W;
ACTION: Temporary final rule. safety zone starting June 14, 2018 and 30°16′6.35″ N, 87°19′39.8″ W; and
lack sufficient time to provide a 30°16′6.35″ N, 87°21′36.5″ W near Fort
SUMMARY: The Coast Guard is reasonable comment period and then Pickens in Pensacola, FL. The safety
establishing a temporary safety zone for consider those comments before issuing zone will encompass a 1,000 yard
certain navigable waters of the Gulf of the rule. It is also contrary to the public square area detonation area surrounded
Mexico near Fort Pickens in Pensacola, interest as it would delay the safety by a 1,200 yard buffer area. A chart
FL. This temporary safety zone is measures necessary to protect persons, depicting the area is included in the
necessary to protect persons, vessels, vessels, and the marine environment docket where indicated under
and the marine environment from from the potential hazards associated ADDRESSES.
potential hazards associated with the with the detonation of unexploded The duration of this safety zone is
detonation of unexploded ordnance. ordnance. intended to protect persons, vessels, and
Entry into this zone is prohibited to all Under 5 U.S.C. 553(d)(3), the Coast the marine environment, and will only
vessels and persons unless authorized Guard finds that good cause exists for be enforced if and when the detonation
daltland on DSKBBV9HB2PROD with RULES
by the Captain of the Port Sector Mobile making this rule effective less than 30 of unexploded ordnance is necessary.
or a designated representative. days after publication in the Federal No person or vessel will be permitted to
DATES: This rule is effective without Register. Delaying the effective date of enter or transit within the safety zone
actual notice from June 22, 2018 this rule is contrary to public interest during periods of enforcement unless
through June 30, 2018. For purposes of because it would delay the safety authorized by the COTP or a designated
enforcement, actual notice will be used measures necessary to protect persons, representative. The periods of
VerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1](https://thefederalregister.org/doc/83_FR_29128/page/5.svg)
Document Created: 2018-11-06 09:51:18
Document Modified: 2018-11-06 09:51:18
| 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 without actual notice from June 22, 2018 through September 30, 2018. For the purposes of enforcement, actual notice will be used from June 12, 2018 through June 22, 2018. | |
| Contact | If you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223-8351, email [email protected] You may also call or email Mr. Jeff Yunker, Waterways Management Division, U.S. Coast Guard Sector New York, telephone (718) 354-4195, email [email protected] | |
| FR Citation | 83 FR 29007 | |
| RIN Number | 1625-AA00 and 1625-AA11 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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