83 FR 34770 - Regulated Navigation Area and Safety Zone, Harlem River and Hudson River, Manhattan, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 141 (July 23, 2018)
Coast Guard
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34770-34775 | |
| FR Document | 2018-15711 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Rules and Regulations] [Pages 34770-34775] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15711] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is revising a previously established 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 protect personnel, vessels, and the marine environment from potential hazards created by the reinstallation of the swing span portion of the Spuyten Duyvil Railroad Bridge. During heavy lift operations vessels transiting the Hudson River must abide by the established speed restrictions to eliminate vessel wake. During heavy lift operations entry of vessels 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 July 23, 2018 through September 30, 2018. For the purposes of enforcement, actual notice will be used from July 15, 2018 through July 23, 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 consists of two phases, removal and reinstallation, of the swing span of the bridge. On June 22, 2018, the Coast Guard issued a temporary final rule establishing a regulated navigation area and safety zone that covered both of these phases, 83 FR 29007. On June 26, 2018 the Coast Guard received notification from the repair project contractor that the reinstallation of the swing span of the bridge is potentially delayed and will be conducted over a three-day period between July 15, 2018 and August 4, 2018. As a result the Coast Guard is revising this rule so that the regulated navigation area and safety zone covers the entire three week reinstallation phase that remains to be completed. During the installation of the swing span a barge and support vessels will be staged near the bridge. The swing span will be lifted from a support barge by a heavy lift crane barge and installed. 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, 2018 and August 4, 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 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 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 July 15, 2018, to allow for timely repairs to the bridge's swing span and promote the safety of the public. [[Page 34771]] 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 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 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 revises the RNA and safety zone previously established on June 22, 2018 at 83 FR 29007. On June 26, 2018 the Coast Guard received notification from the repair project contractor that the reinstallation of the swing span of the bridge is potentially delayed and will be conducted over a three-day period between July 15, 2018 and August 4, 2018. As a result the Coast Guard is revising this rule so that the regulated navigation area and safety zone covers the entire three week reinstallation phase that remains to be completed. The revised RNA and safety zone will be enforceable from 6 a.m. on Sunday, July 15, 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 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). BILLING CODE 9110-04-P [[Page 34772]] [GRAPHIC] [TIFF OMITTED] TR23JY18.000 BILLING CODE 9110-04-C During operations involving the reinstallation of the swing span a safety zone will prohibit the transit of vessels in the Hudson River and Harlem River [[Page 34773]] 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 reinstallation project. Additionally, during the reinstallation of the swing span all vessels transiting the Hudson River within the 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 reinstallation of the bridge swing span are currently scheduled to take place between July 15, 2018 and August 4, 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 heavy lift operation, occurring between approximately July 15, 2018 and August 4, 2018. The RNA and safety zone is expected to be enforced for approximately one 72-hour period when vessels are preparing for, and conducting, the swing span reinstallation operations. The duration of enforcement for the RNA and safety zone is intended to protect personnel, vessels, and the marine environment in these waters while the bridge span is being installed. During the enforcement period, 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 July 15, 2018 and August 4, 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 enforcement of a safety zone, closing the Harlem River in the vicinity of the Spuyten Duyvil Railroad Bridge, this operation is 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. 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 [[Page 34774]] 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 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. Revise 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 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 is enforceable 24 hours a day from 6 a.m. on July 15, 2018 to 11:59 p.m. on September 30, 2018. This section will be enforced from 6 a.m. on July 15, 2018 to 11:59 p.m. on August 4, 2018, and at any other time during the effective period of this section 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 section may be reported to the COTP New York at (718) 354-4353 or on VHF-Channel 16. [[Page 34775]] Dated: July 11, 2018. A.J. Tiongson, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2018-15711 Filed 7-20-18; 8:45 am] BILLING CODE 9110-04-P
![34770 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations
point at position 43°00.416′ N, zone for waters of the Harlem and From May 27 to September 29, 2018,
082°25.033′ W, following south along Hudson Rivers in the vicinity of the Amtrak will be repairing the Spuyten
the international boundary to a point at Amtrak Spuyten Duyvil Railroad Bridge Duyvil Railroad Bridge. This repair
position 42°54.500′ N, 082°27.683′ W, at mile 7.9 over the Harlem River. The project consists of two phases, removal
extending west to a point on land just regulated navigation area and safety and reinstallation, of the swing span of
north of Stag Island at position zone protect personnel, vessels, and the the bridge. On June 22, 2018, the Coast
42°54.500′ N, 082°27.966′ W, and marine environment from potential Guard issued a temporary final rule
following north along the U.S. shoreline hazards created by the reinstallation of establishing a regulated navigation area
to the point of origin (NAD 83). the swing span portion of the Spuyten and safety zone that covered both of
(b) Enforcement period. The regulated Duyvil Railroad Bridge. During heavy these phases, 83 FR 29007. On June 26,
area described in paragraph (a) of this lift operations vessels transiting the 2018 the Coast Guard received
section will be in enforced from 12 p.m. Hudson River must abide by the notification from the repair project
through 8 p.m. August 19, 2018. established speed restrictions to contractor that the reinstallation of the
(c) Regulations. (1) No vessel or eliminate vessel wake. During heavy lift swing span of the bridge is potentially
person may enter, transit through, or operations entry of vessels or persons delayed and will be conducted over a
anchor within the safety zone unless into this safety zone is prohibited unless three-day period between July 15, 2018
authorized by the Captain of the Port specifically authorized by the First and August 4, 2018. As a result the
Detroit (COTP), or his on-scene District Commander or a designated Coast Guard is revising this rule so that
representative. representative. the regulated navigation area and safety
(2) The safety zone is closed to all DATES: This rule is effective without zone covers the entire three week
vessel traffic, except as may be actual notice from July 23, 2018 through reinstallation phase that remains to be
permitted by the COTP or his on-scene September 30, 2018. For the purposes of completed.
representative. enforcement, actual notice will be used During the installation of the swing
(3) The ‘‘on-scene representative’’ of from July 15, 2018 through July 23, span a barge and support vessels will be
COTP is any Coast Guard 2018. staged near the bridge. The swing span
commissioned, warrant or petty officer will be lifted from a support barge by a
ADDRESSES: To view documents
or a Federal, State, or local law heavy lift crane barge and installed. The
mentioned in this preamble as being
enforcement officer designated by or preparation for and reinstallation of the
available in the docket, go to http://
assisting the Captain of the Port Detroit swing span will take approximately 72
www.regulations.gov, type USCG–2018–
to act on his behalf. hours. Amtrak anticipates this work will
0523 in the ‘‘SEARCH’’ box and click
(4) Vessel operators shall contact the be conducted over a three-day period
‘‘SEARCH.’’ Click on Open Docket
COTP or his on-scene representative to between July 15, 2018 and August 4,
Folder on the line associated with this
obtain permission to enter or operate 2018.
rule.
within the safety zone. The COTP or his The Coast Guard is issuing this
FOR FURTHER INFORMATION CONTACT: If
on-scene representative may be temporary rule without prior notice and
contacted via VHF Channel 16 or at you have questions on this rule, call or
email Mr. Craig Lapiejko, Waterways opportunity to comment pursuant to
(313) 568–9560. Vessel operators given authority under section 4(a) of the
permission to enter or operate in the Management, First Coast Guard District;
telephone (617) 223–8351, email Administrative Procedure Act (APA) (5
regulated area must comply with all U.S.C. 553(b)(B). This provision
directions given to them by the COTP or Craig.D.Lapiejko@uscg.mil. You may
also call or email Mr. Jeff Yunker, authorizes an agency to issue a rule
his on-scene representative. without prior notice and opportunity to
Waterways Management Division, U.S.
Dated: July 17, 2018. Coast Guard Sector New York, comment when the agency for good
Jeffrey W. Novak, telephone (718) 354–4195, email cause finds that those procedures are
Captain, U.S. Coast Guard, Captain of the Jeff.M.Yunker@uscg.mil. ‘‘impracticable, unnecessary, or contrary
Port Detroit. SUPPLEMENTARY INFORMATION: to the public interest.’’ Under 5 U.S.C.
[FR Doc. 2018–15671 Filed 7–20–18; 8:45 am] 553(b)(B), the Coast Guard finds that
I. Table of Abbreviations good cause exists for not publishing a
BILLING CODE 9110–04–P
CFR Code of Federal Regulations notice of proposed rulemaking (NPRM)
COTP Captain of the Port with respect to this rule because the
DEPARTMENT OF HOMELAND DHS Department of Homeland Security schedule for the reinstallation of the
SECURITY FR Federal Register swing span was only recently finalized
LNM Local Notice to Mariners and provided to the Coast Guard, and
Coast Guard NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
timely action is needed to respond to
§ Section the potential safety hazards associated
33 CFR Part 165 U.S.C. United States Code with this bridge project. The schedule
[Docket Number USCG–2018–0523] for the repairs and notification to the
II. Background Information and Coast Guard was delayed by the late
RIN 1625–AA00; 1625–AA11 Regulatory History finalization of project details, including
On May 1, 2018, Amtrak sent the U.S. coordinating the heavy lift operations
Regulated Navigation Area and Safety Coast Guard a letter describing work it with the schedules of known waterway
Zone, Harlem River and Hudson River, would be conducting to remove and users, and writing a Maintenance of
Manhattan, NY replace the moveable portion of the Waterway Traffic Plan. It is
amozie on DSK3GDR082PROD with RULES
AGENCY: Coast Guard, DHS. Spuyten Duyvil Railroad Bridge over the impracticable and contrary to the public
ACTION: Temporary final rule. Harlem River at mile 7.9. On May 7, interest to publish an NPRM because we
2018, the U.S. Coast Guard District One must establish this RNA and safety zone
SUMMARY: The Coast Guard is revising a Bridge Administration notified Amtrak, by July 15, 2018, to allow for timely
previously established temporary the bridge owner, that it had no repairs to the bridge’s swing span and
regulated navigation area and safety objections to the proposed project. promote the safety of the public.
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![Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 34775
Dated: July 11, 2018. (703) 305–7090; email address: • Federal eRulemaking Portal: http://
A.J. Tiongson, RDFRNotices@epa.gov. www.regulations.gov. Follow the online
Rear Admiral, U.S. Coast Guard, Commander, SUPPLEMENTARY INFORMATION: instructions for submitting comments.
First Coast Guard District. Do not submit electronically any
I. General Information information you consider to be CBI or
[FR Doc. 2018–15711 Filed 7–20–18; 8:45 am]
BILLING CODE 9110–04–P A. Does this action apply to me? other information whose disclosure is
You may be potentially affected by restricted by statute.
this action if you are an agricultural • Mail: OPP Docket, Environmental
ENVIRONMENTAL PROTECTION producer, food manufacturer, or Protection Agency Docket Center (EPA/
AGENCY pesticide manufacturer. The following DC), (28221T), 1200 Pennsylvania Ave.
list of North American Industrial NW, Washington, DC 20460–0001.
40 CFR Part 180 Classification System (NAICS) codes is • Hand Delivery: To make special
not intended to be exhaustive, but rather arrangements for hand delivery or
[EPA–HQ–OPP–2017–0224; FRL–9977–82]
provides a guide to help readers delivery of boxed information, please
Flonicamid; Pesticide Tolerances determine whether this document follow the instructions at http://
applies to them. Potentially affected www.epa.gov/dockets/contacts.html.
AGENCY: Environmental Protection entities may include: Additional instructions on
Agency (EPA). • Crop production (NAICS code 111). commenting or visiting the docket,
ACTION: Final rule. • Animal production (NAICS code along with more information about
112). dockets generally, is available at http://
SUMMARY: This regulation establishes • Food manufacturing (NAICS code www.epa.gov/dockets.
tolerances for residues of flonicamid in 311).
or on multiple commodities that are II. Summary of Petitioned-For
• Pesticide manufacturing (NAICS
identified and discussed later in this code 32532). Tolerance
document as well as tolerances with In the Federal Register of January 26,
regional registrations on clover, forage B. How can I get electronic access to
2018 (83 FR 3658) (FRL–9971–46), EPA
and clover, hay. In addition, this other related information?
issued a document pursuant to FFDCA
regulation removes certain previously You may access a frequently updated section 408(d)(3), 21 U.S.C. 346a(d)(3),
established tolerances that are electronic version of EPA’s tolerance announcing the filing of a pesticide
superseded by this final rule. regulations at 40 CFR part 180 through petition (PP 7E8556) by IR–4 Project
Interregional Research Project Number 4 the e-CFR site at http://www.ecfr.gov/ Headquarters, 500 College Road East,
(IR–4) requested these tolerances under cgi-bin/text-idx?&c=ecfr&tpl=/ Suite 201W, Princeton, New Jersey,
the Federal Food, Drug, and Cosmetic ecfrbrowse/Title40/40tab_02.tpl. 08540. The petition requested that 40
Act (FFDCA). CFR 180.613 be amended by
C. How can I file an objection or hearing
DATES: This regulation is effective July establishing tolerances for residues of
request?
23, 2018. Objections and requests for the insecticide flonicamid, N-
hearings must be received on or before Under FFDCA section 408(g), 21 (cyanomethyl)-4-(trifluoromethyl)-3-
September 21, 2018, and must be filed U.S.C. 346a, any person may file an pyridinecarboxamide, and its
in accordance with the instructions objection to any aspect of this regulation metabolites, TFNA (4-
provided in 40 CFR part 178 (see also and may also request a hearing on those
trifluoromethylnicotinic acid), TFNA-
Unit I.C. of the SUPPLEMENTARY objections. You must file your objection
AM (4-trifluoromethylnicotinamide),
INFORMATION). or request a hearing on this regulation
and TFNG (N-(4-
in accordance with the instructions
ADDRESSES: The docket for this action, trifluoromethylnicotinoyl)glycine),
provided in 40 CFR part 178. To ensure
identified by docket identification (ID) calculated as the stoichiometric
proper receipt by EPA, you must
number EPA–HQ–OPP–2017–0224, is equivalent of flonicamid as follows:
identify docket ID number EPA–HQ–
available at http://www.regulations.gov OPP–2017–0224 in the subject line on 1. Amend § 180.613(a)(1) by establishing a
or at the Office of Pesticide Programs the first page of your submission. All tolerance in or on Celtuce at 4.0 ppm;
Regulatory Public Docket (OPP Docket) objections and requests for a hearing Florence fennel at 4.0 ppm; Kohlrabi at 1.5
in the Environmental Protection Agency ppm; and Crop Group Expansions/
must be in writing, and must be
Docket Center (EPA/DC), West William Conversions for Brassica, leafy greens,
received by the Hearing Clerk on or subgroup 4–16B at 16 ppm; Cottonseed
Jefferson Clinton Bldg., Rm. 3334, 1301 before September 21, 2018. Addresses subgroup 20C at 0.60 ppm; Leaf petiole
Constitution Ave. NW, Washington, DC for mail and hand delivery of objections vegetable subgroup 22B at 4.0 ppm; Leafy
20460–0001. The Public Reading Room and hearing requests are provided in 40 greens subgroup 4–16A, except spinach at 4.0
is open from 8:30 a.m. to 4:30 p.m., CFR 178.25(b). ppm; and Vegetable, brassica, head and stem,
Monday through Friday, excluding legal In addition to filing an objection or group 5–16 at 1.5 ppm; and
holidays. The telephone number for the hearing request with the Hearing Clerk 2. Amend § 180.613(c), Tolerances with
Public Reading Room is (202) 566–1744, as described in 40 CFR part 178, please regional registrations, by establishing a
and the telephone number for the OPP submit a copy of the filing (excluding tolerance for Clover, forage at 0.9 ppm and
Docket is (703) 305–5805. Please review any Confidential Business Information Clover, hay at 4.0 ppm.
the visitor instructions and additional (CBI)) for inclusion in the public docket. In addition, upon establishing the
information about the docket available Information not marked confidential above tolerances, the petitioner requests
at http://www.epa.gov/dockets. pursuant to 40 CFR part 2 may be to remove existing tolerances in 40 CFR
amozie on DSK3GDR082PROD with RULES
FOR FURTHER INFORMATION CONTACT: disclosed publicly by EPA without prior 180.613(a) including Vegetable, leafy,
Michael L. Goodis, Registration Division notice. Submit the non-CBI copy of your except brassica, group 4, except spinach
(7505P), Office of Pesticide Programs, objection or hearing request, identified at 4.0 ppm; Brassica, head and stem,
Environmental Protection Agency, 1200 by docket ID number EPA–HQ–OPP– subgroup 5A at 1.5 ppm; Brassica, leafy
Pennsylvania Ave. NW, Washington, DC 2017–0224, by one of the following greens, subgroup 5B at 16 ppm; Radish,
20460–0001; main telephone number: methods: tops, at 16 ppm; Turnip, greens at 16
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Document Created: 2018-07-21 00:48:29
Document Modified: 2018-07-21 00:48:29
| 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 July 23, 2018 through September 30, 2018. For the purposes of enforcement, actual notice will be used from July 15, 2018 through July 23, 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 34770 | |
| 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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