Regulated Navigation Area and Safety Zone: Tappan Zee Bridge Construction Project, Hudson River; South Nyack and Tarrytown, NY, 43250-43255 [2014-17600]
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Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0582]
Drawbridge Operation Regulation;
Lake Washington, Seattle, WA
Coast Guard, DHS.
ACTION: Notice of deviation from
drawbridge regulation.
AGENCY:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Evergreen
Point Floating Bridge (State Route 520)
across Lake Washington at Seattle, WA.
This deviation is necessary to
accommodate the Seafair Air Show
practice and event. This deviation
allows the bridge to remain in the
closed position to help minimize traffic
congestion during the event.
DATES: This deviation is effective from
9:45 a.m. on July 31, 2014 to 2:40 p.m.
August 3, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0582] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email
Steven.M.Fischer3@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation has requested that the
draw span of the Evergreen Point
Floating Bridge (State Route 520) remain
closed to vessel traffic during the Seafair
Airshow practice and event. The
Intersate-90 floating bridge will be
closed to road traffic during this time,
resulting in heavier than normal vehicle
traffic on the Evergreen Point Floating
Bridge. The Evergreen Point Floating
Bridge will remain closed to vessel
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SUMMARY:
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traffic to help with vehicular traffic
congestion.
The Evergreen Point Floating Bridge
provides three navigational openings for
vessel passage, the movable floating
span, subject to this closure, and two
fixed navigational openings; one on the
east end of the bridge and one on the
west end. The fixed navigational
opening on the east end of the bridge
provides a horizontal clearance of 150
feet and a vertical clearance of 57 feet.
The opening on the west end of the
bridge provides a horizontal clearance
of 170 feet and a vertical clearance of 45
feet.
Vessels which do not require a bridge
opening may continue to transit beneath
the bridges during this closure period.
Under normal conditions, during this
time frame, the bridge operates in
accordance with 33 CFR 117.1049
which states the bridge shall open on
signal if at least two hours notice is
given. The deviation allows the floating
draw span of the Evergreen Point
Floating Bridge on Lake Washington to
remain in the closed position and need
not open for maritime traffic from 9:45
a.m. to 12 p.m. and 1:15 p.m. to 2:40
p.m. on July 31, 2014, and 12:15 p.m.
to 2:40 p.m. on August 1st, 2014, and
12:15 p.m. to 2:40 p.m. on August 2nd,
2014, and 12:15 p.m. to 2:40 p.m. on
August 3rd, 2014. The bridge shall
operate in accordance to 33 CFR
117.1049 at all other times. Waterway
usage on the Lake Washington Ship
ranges from commercial tug and barge to
small pleasure craft. Vessels able to pass
through the bridge in the closed
positions may do so at anytime. The
bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: July 15, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2014–17597 Filed 7–24–14; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0705]
RIN 1625 AA00; 1625–AA11
Regulated Navigation Area and Safety
Zone: Tappan Zee Bridge Construction
Project, Hudson River; South Nyack
and Tarrytown, NY
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
The Coast Guard is revising
the current regulated navigation area
(RNA) for the navigable waters of the
Hudson River surrounding the Tappan
Zee Bridge. First, the Coast Guard is
establishing a new safety zone
surrounding commercial mooring buoys
installed for the ongoing Tappan Zee
Bridge replacement project. The safety
zone will prohibit all vessel traffic that
could pose an imminent hazard to
persons and vessels that will be
transiting to and from the bridge site
and maneuvering in close quarters
between other construction vessels and
large mooring buoys. Second, the Coast
Guard is expanding the size of the
current RNA and designating two areas
within the RNA, the Eastern RNA and
the Western RNA, based upon their
respective locations in relation to the
new safety zone. This rule is necessary
to provide for the safety of life in the
RNA and safety zone during the
construction of the New NY Bridge and
demolition of the existing Tappan Zee
Bridge.
DATES: This rule is effective without
actual notice from July 25, 2014 until
December 31, 2018. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed, July
3, 2014 until July 25, 2014.
Comments and related material will
be accepted and reviewed by the Coast
Guard through September 23, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2013–0705. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Open Docket
Folder’’ on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
SUMMARY:
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Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
You may submit comments, identified
by docket number, using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is
202–366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Craig Lapiejko, Waterways
Management at Coast Guard First
District, telephone 617–223–8351, email
craig.lapiejko@uscg.mil or, Mr. Jeff
Yunker, Coast Guard Sector New York
Waterways Management Division, U.S.
Coast Guard; telephone 718–354–4195,
email jeff.m.yunker@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYSTA New York State Thruway Authority
RNA Regulated Navigation Area
TIR Temporary Interim Rule
A. Public Participation and Request for
Comments
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
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.
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You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘Submit
a Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this rulemaking. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
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4. Public Meeting
We currently do not plan to hold a
public meeting. But you may submit a
request for one, using one of the
methods specified under ADDRESSES.
Please explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
On September 26, 2013, the Coast
Guard published a temporary interim
rule (TIR) establishing a regulated
navigation area (RNA) at 33 CFR
165.T01–0705 for the Tappan Zee
Bridge replacement project in that
waterway (78 FR 59231). We received
no comments on the September 26, 2013
TIR. No public meeting was requested,
and none was held. Today’s TIR revises
the September 26, 2013 RNA on the
Hudson River due to changed
circumstances in the construction
project discussed below.
The Coast Guard is issuing this TIR
without prior notice and opportunity to
comment pursuant to authority under
section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)).
This provision authorizes an agency to
issue a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because publishing an NPRM
would be impracticable and contrary to
the public interest. Construction on the
Tappan Zee Bridge replacement project
began on October 1, 2013. The
construction project has grown to
include the installation of 16
commercial mooring buoys and an
increase in the number of construction
vessels to 100 or more vessels. These
changes present new safety hazards and
risks. It would be impracticable to delay
promulgating this rule, as the RNA and
safety zone are 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. For these reasons, the Coast
Guard believes it is impracticable and
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contrary to the public interest to delay
this regulation. At any time, the Coast
Guard may publish an amended rule if
necessary to address public concerns.
For the same reasons mentioned
above, 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.
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C. Basis and Purpose
Under the Ports and Waterways Safety
Act, 33 U.S.C. 1221 et. seq., and
Department of Homeland Security
Delegation No. 0170.1, the Coast Guard
has the authority to establish RNAs and
safety zones.
This rule is prompted by the
navigation safety situation created by
the construction of the New NY Bridge
to replace the existing Tappan Zee
Bridge. Construction on the project
began on October 1, 2013, and is
expected to run through December 31,
2018.
The Coast Guard has discussed this
project with the New York State
Thruway Authority (NYSTA) and
Tappan Zee Constructors, LLC, to
determine whether the project can be
completed without channel closures or
waterway restrictions. While the
majority of construction activities
during the span of this project will not
require waterway closures, there are
certain tasks that can only be completed
in the channel or surrounding installed
commercial mooring buoys and will
require closing the waterway. The
construction of the bridge will be
extremely complex and presents many
safety hazards including overhead crane
operations, overhead cutting operations,
potential falling debris, construction
vessels maneuvering and transiting
between the bridge site and commercial
mooring buoys installed upstream and
downstream from the construction site,
and barges positioned in the channel
with a restricted ability to maneuver. In
addition to regular construction
activities, at present, NYSTA and
Tappan Zee Constructors, LLC expect to
request waterway closures of the
Federal Channel between March 2015
and October 2016. The channel closures
will be necessary during heavy lift
operations conducted over the channel
and are expected to be conducted
during daylight hours. These closures
will be closely coordinated with
mariners in advance so they can alter
their transit schedules. Mariners that
may safely navigate outside the Federal
channel would still be able to transit
through the RNAs, during these heavy
lift operations.
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D. Discussion of the Interim Rule
The Coast Guard is revising the
existing Regulated Navigation Area
surrounding the Tappan Zee Bridge
construction project to expand the size
of the RNA to all waters of the Hudson
River within 500 yards of the existing
Tappan Zee Bridge. (The existing RNA
includes all waters of the Hudson River
within 200 yards south, and 300 yards
north, of the existing Tappan Zee
Bridge.) The expansion is necessary due
to installation of 16 commercial
mooring buoys, and the increase in the
number of construction vessels
operating within the RNA and safety
zone to 100 or more vessels.
Additionally, the RNA will be divided
into the Western RNA and Eastern RNA,
based upon their respective locations in
relation to the safety zone. This is
intended to reduce public confusion
that may be created with establishing
the NYSTA requested safety zone and
Eastern and Western RNA areas in the
same area of the Hudson River. As
requested by the NYSTA, the RNA and
safety zone would have overlapped and
would have established different
operating restrictions on vessels not
involved with the project. This would
have likely led to confusion among
mariners when determining which
regulations apply to them if they were
within the area where the RNA and
safety zone overlapped.
Additionally, the Coast Guard is
establishing a new safety zone on the
navigable waters of the Hudson River on
the western side of the Hudson River,
north and south of the Tappan Zee
Bridge, NY. Entry into, anchoring, or
movement within this safety zone is
prohibited by all vessels not working on
the Tappan Zee Bridge construction
project. The safety zone surrounds 16
mooring buoys that are being installed
for this project. These moorings will be
used as a staging site for barges holding
material used to build the New NY
Bridge and demolish the existing
Tappan Zee Bridge. During peak
operations, 100 or more vessels may be
within the RNAs, safety zone, or
transiting to, or from, the RNAs and
safety zone.
The Coast Guard is making these
revisions to maintain safe navigation in
the project area, and to prevent
accidental or intentional damage to
persons or property on the work site.
The ongoing operations, increase in the
number of construction vessels on site,
and installation of the 16 mooring buoys
within the RNA and safety zone, are by
their nature, hazardous and pose risks
both to recreational and commercial
traffic as well as to the construction
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crew. In order to mitigate the inherent
risks involved with the removal of a
bridge, and installation of the New NY
Bridge, it is necessary to control vessel
movement through the area. The
purpose of this TIR is to ensure the
safety of waterway users, the public,
and construction workers for the
duration of the New NY Bridge
construction and Tappan Zee Bridge
demolition.
Heavy-lift operations are sensitive to
water movement, and wake from
passing vessels could pose significant
risk of injury or death to construction
workers. In order to minimize such
unexpected or uncontrolled movement
of water, any vessel transiting through
the Western RNA must make a direct
and expeditious passage. No vessel may
stop, moor, anchor or loiter within the
RNA at any time unless they are
working on the bridge construction
operations.
Similarly, any vessel transiting
through the Eastern RNA must make a
direct and expeditious passage. No
vessel may stop, moor, anchor or loiter
within the RNA at any time unless they
are working on the bridge construction
operations or they are anchoring within
the special anchorage area codified in
33 CFR 110.60(c)(8) located on the
eastern shoreline at Tarrytown, NY and
within the boundaries of the Eastern
RNA.
If the project is completed before
December 31, 2018, the COTP will
suspend enforcement of the Eastern or
Western RNA and safety zone. The
COTP will notify the affected segments
of the public of any suspension of
enforcement by appropriate means.
Such means of notification could
include, but would not be limited to,
Broadcast Notice to Mariners and Local
Notice to Mariners.
The COTP maintains a telephone line
that is staffed 24 hours a day, seven
days a week. The public can obtain
information concerning enforcement of
the regulated navigation area and safety
zone by contacting the Coast Guard
Sector New York Command Center at
(718) 354–4353.
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
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by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rulemaking would not be a significant
regulatory action for the following
reasons: Vessel traffic would only be
restricted from the Eastern RNA for
limited durations. The Eastern RNA
covers only a small portion of the
navigable waterway which includes the
Federal navigation channel.
Furthermore, while the Federal
navigation channel is closed, vessels
that can safely navigate outside the
Federal navigation channel would still
be able to transit through the Western
RNA or the portion of the Eastern RNA
which does not encompass the Federal
navigable channel.
Advance public notifications will also
be made to local mariners through
appropriate means, which may include
but are not limited to, Local Notice to
Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on the
September 26, 2013 TIR. 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.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor or
moor within the Eastern or Western
RNA or safety zone.
The Eastern and Western RNA and
safety zone will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The Eastern and
Western RNAs and safety zone will be
of limited size and any closures of the
Federal navigation channel will be of
short duration. Mariners that can safely
navigate outside the Federal navigation
channel would still be able to transit
through the Western RNA and that
portion of the Eastern RNA which does
not encompass the Federal Restricted
channel. Before the effective period of a
waterway closure, advanced public
notifications may be made to local
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mariners through appropriate means,
which could include, but would not be
limited to, Local Notice to Mariners,
Broadcast Notice to Mariners, and the
Boater Safety Information section of the
project Web site at https://
www.newnybridge.com. Individuals
may also subscribe for email updates for
the project in the ‘‘contact us’’ section
of the project Web site.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
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, above.
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.
4. 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).
5. Federalism
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
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determined that this rule does not have
implications for federalism.
6. 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.
7. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
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12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
(NEPA) (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
restricting vessel movement within a
regulated navigation area and safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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
1. The authority citation for part 165
continues to read as follows:
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■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Revise § 165.T01–0174 to read as
follows:
■
VerDate Mar<15>2010
15:26 Jul 24, 2014
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§ 165.T01–0174 Regulated Navigation
Areas and Safety Zone Tappan Zee Bridge
Construction Project, Hudson River; South
Nyack and Tarrytown, NY.
(a) Regulated Navigation Area
Boundaries. The following are regulated
navigation areas:
(1) Western RNA: all waters bound by
the following approximate positions:
41°04′39.16″ N, 073°55′00.68″ W on the
western shoreline; thence to
41°04′28.34″ N, 073°54′47.18″ W; thence
to 41°04′11.28″ N, 073°54′48.00″ W;
thence to 41°03′57.26″ N, 073°54′40.73″
W; thence to 41°03′57.36″ N,
073°54′47.38″ W; thence to 41°03′58.66″
N, 073°54′56.14″ W; thence to
41°04′03.00″ N, 073°55′07.60″ W; thence
to a point on the western shoreline at
41°04′06.69″ N, 073°55′14.10″ W; thence
northerly along the shoreline to the
point of origin (NAD 83).
(2) Eastern RNA: all waters bound by
the following approximate positions:
41°04′21.96″ N, 073°52′03.25″ W on the
eastern shoreline; thence to 41°04′26.27″
N, 073°52′19.82″ W; thence to
41°04′26.53″ N, 073°53′20.07″ W; thence
to 41°03′56.92″ N, 073°53′18.84″ W;
thence to 41°03′56.69″ N, 073°52′24.75″
W; thence to a point on the eastern
shoreline at 41°03′46.91″ N,
073°52′05.89″ W; thence northerly along
the shoreline to the point of origin (NAD
83).
(b) Safety Zone Boundaries. The
following is a Safety Zone: all waters
bound by the following approximate
positions: 41°04′59.70″ N, 073°54′45.54″
W; thence to 41°05′00.18″ N,
073°53′21.48″ W; thence to 41°03′09.24″
N, 073°53′16.86″ W; thence to
41°03′07.08″ N, 073°54′14.70″ W; thence
to 41°04′11.28″ N, 073°54′48.00″ W;
thence to the point of origin (NAD 83).
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13, 165.20 and 165.23
apply.
(2) Any vessel transiting through the
Western RNA must make a direct and
expeditious passage. No vessel may
stop, moor, anchor or loiter within the
RNA at any time unless they are
working on the bridge construction
operations.
(3) Any vessel transiting through the
Eastern RNA must make a direct and
expeditious passage. No vessel may
stop, moor, anchor or loiter within the
RNA at any time unless they are
working on the bridge construction
operations or they are transiting to, or
from, the special anchorage area
codified in 33 CFR 110.60(c)(8) located
on the eastern shoreline at Tarrytown,
NY and within the boundaries of the
RNA.
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(4) Entry and movement within the
Eastern RNA or Western RNA is subject
to a ‘‘Slow-No Wake’’ speed limit. All
vessels may not produce a wake and
may not attain speeds greater than five
knots unless a higher minimum speed is
necessary to maintain steerageway. All
vessels must proceed through the
Eastern RNA and Western RNA with
caution and operate in such a manner as
to produce no wake.
(5) Entry into, anchoring, loitering, or
movement within the Safety Zone is
prohibited unless the vessel is working
on the bridge construction operations or
authorized by the Captain of the Port
New York (COTP) or his designated
representative.
(6) All persons and vessels must
comply with all orders and directions
from the COTP or the COTP’s
designated representative. The
‘‘designated representative’’ of the
COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on the COTP’s behalf. The
designated representative may be on a
Coast Guard vessel or New York State
Police, Westchester County Police,
Rockland County Police, or other
designated craft; or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. Members
of the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(7) Upon being hailed by a Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(8) For the purpose of this regulation,
the Federal navigation channel, located
in the Eastern RNA is marked by the red
and green navigation lights on the
existing Tappan Zee Bridge, and the
New NY Bridge. As the project
progresses, the Federal navigation
channel will be intermittently closed, or
partially restricted, to all vessel transits.
While the Federal navigation channel is
closed, vessels that can safely navigate
outside the Federal navigation channel
would still be able to transit through the
Eastern RNA. These closures or partial
restrictions are tentatively scheduled to
take place between March 2015 and
October 2016. The COTP will cause a
notice of the channel closure or
restrictions by appropriate means to the
affected segments of the public. Such
means of notification may include, but
are not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners.
(9) Notwithstanding anything
contained in this section, the Rules of
the Road (33 CFR part 84—Subchapter
E, inland navigational rules) are still in
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Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations
effect and must be strictly adhered to at
all times.
(d) Enforcement periods. This
regulation will be enforced 24 hours a
day from 5:00 a.m. on July 3, 2014 until
11:59 p.m. on December 31, 2018.
(1) Notice of suspension of
enforcement: If enforcement is
suspended, the COTP will cause a
notice of the suspension of enforcement
by appropriate means to the affected
segments of the public. Such means of
notification may include, but are not
limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. Such
notification will include the date and
time that enforcement will be
suspended as well as the date and time
that enforcement will resume.
(2) Violations of this regulation may
be reported to the COTP at 718–354–
4353 or on VHF-Channel 16.
Dated: July 3, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2014–17600 Filed 7–24–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0062]
Safety Zone; Fleet Week Maritime
Festival, Pier 66, Elliott Bay; Seattle,
WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard announces
that the Fleet Week Maritime Festival’s
Pier 66 Safety Zone in Elliott Bay, WA
will be in effect from 8 a.m. until 8 p.m.
on July 30, 2014. In addition to
enforcing the safety zone during the
parade of ships and aerial
demonstration, the safety zone will only
be enforced thirty minutes prior and
thirty minutes following the conclusion
of the parade of ships and aerial
demonstration. This action is necessary
to promote safety on navigable waters.
During the enforcement period, entry
into, transit through, mooring, or
anchoring within this zone is prohibited
unless authorized by the Captain of the
Port, Puget Sound or his designated
representative.
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SUMMARY:
The regulations in 33 CFR
165.1330 will be in effect from 8 a.m.
until 8 p.m. on July 30, 2014.
DATES:
VerDate Mar<15>2010
15:26 Jul 24, 2014
Jkt 232001
43255
If
you have questions on this notice, call
or email LTJG Johnny Zeng, Sector
Puget Sound Waterways Management
Division, Coast Guard; telephone (206)
217–6175, SectorPugetSoundWWM@
uscg.mil.
Dated: July 16, 2014.
M. W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
The safety
zone for the Fleet Week Maritime
Festival in 33 CFR 165.1330 will be in
effect from 8 a.m. until 8 p.m. on July
30, 2014. In addition to enforcing the
safety zone during the parade of ships
and aerial demonstration, the safety
zone will only be enforced thirty
minutes prior and thirty minutes
following the conclusion of the parade
of ships and aerial demonstration.
In accordance with the general
regulations in 33 CFR Part 165, Subpart
C, no vessel operator may enter, transit,
moor, or anchor within this safety zone
thirty minutes prior to the beginning,
during and thirty minutes following the
conclusion of the Parade of Ships. For
the purpose of this rule, the Parade of
Ships includes both the pass and review
of the ships near Pier 66 and the aerial
demonstrations immediately following
the pass and review. The Captain of the
Port may be assisted by other federal,
state, or local agencies as needed.
In order to transit through this safety
zone, authorization must be granted by
the Captain of the Port, Puget Sound or
his designated representative. All vessel
operators desiring entry into this safety
zone may request authorization by
contacting either the on-scene U.S.
Coast Guard patrol craft on VHF Ch 13
or Ch 16, or Coast Guard Sector Puget
Sound Joint Harbor Operations Center
(JHOC) via telephone at (206) 217–6002.
Requests shall indicate the reason why
movement within the safety zone is
necessary and the vessel’s arrival and/
or departure facility name, pier and/or
berth. Vessel operators granted
permission to enter this safety zone will
be escorted by the on-scene patrol until
no longer within the safety zone.
This notice is issued under authority
of 33 CFR 165.1330 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advanced
notification of the safety zone via the
Local Notice to Mariners and marine
information broadcasts. If the Captain of
the Port determines that the regulated
area need not be enforced for the full
duration stated in this notice, they may
use a Broadcast Notice to Mariners to
grant general permission to enter the
regulated area.
DEPARTMENT OF HOMELAND
SECURITY
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2014–17603 Filed 7–24–14; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0471]
RIN 1625–AA00
Safety Zone; Belt Parkway Bridge
Construction, Gerritsen Inlet;
Brooklyn, NY—Correction
Coast Guard, DHS.
Correcting amendments.
AGENCY:
ACTION:
On May 12, 2014, the Coast
Guard published in the Federal Register
(79 FR 26848) a temporary interim rule
and request for comments establishing a
safety zone on the navigable waters of
Gerritsen Inlet surrounding the Belt
Parkway Bridge. Inadvertently, this rule
included an error in one of the
coordinates of the safety zone. This
document corrects that error.
DATES: This rule is effective without
actual notice from July 25, 2014 until
September 30, 2017. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed, April
30, 2014, until July 25, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2013–0471. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Open Docket
Folder’’ on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may
submit comments, identified by docket
number, using any one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Fax: (202) 493–2251.
Mail or Delivery: Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
SUMMARY:
E:\FR\FM\25JYR1.SGM
25JYR1
]]>Agencies
[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43250-43255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17600]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0705]
RIN 1625 AA00; 1625-AA11
Regulated Navigation Area and Safety Zone: Tappan Zee Bridge
Construction Project, Hudson River; South Nyack and Tarrytown, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the current regulated navigation
area (RNA) for the navigable waters of the Hudson River surrounding the
Tappan Zee Bridge. First, the Coast Guard is establishing a new safety
zone surrounding commercial mooring buoys installed for the ongoing
Tappan Zee Bridge replacement project. The safety zone will prohibit
all vessel traffic that could pose an imminent hazard to persons and
vessels that will be transiting to and from the bridge site and
maneuvering in close quarters between other construction vessels and
large mooring buoys. Second, the Coast Guard is expanding the size of
the current RNA and designating two areas within the RNA, the Eastern
RNA and the Western RNA, based upon their respective locations in
relation to the new safety zone. This rule is necessary to provide for
the safety of life in the RNA and safety zone during the construction
of the New NY Bridge and demolition of the existing Tappan Zee Bridge.
DATES: This rule is effective without actual notice from July 25, 2014
until December 31, 2018. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, July 3, 2014 until July
25, 2014.
Comments and related material will be accepted and reviewed by the
Coast Guard through September 23, 2014.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0705. To view documents mentioned in this preamble as
being available in the docket, go to https://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE.,
[[Page 43251]]
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Craig Lapiejko, Waterways Management at Coast Guard
First District, telephone 617-223-8351, email craig.lapiejko@uscg.mil
or, Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management
Division, U.S. Coast Guard; telephone 718-354-4195, email
jeff.m.yunker@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYSTA New York State Thruway Authority
RNA Regulated Navigation Area
TIR Temporary Interim Rule
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We currently do not plan to hold a public meeting. But you may
submit a request for one, using one of the methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
B. Regulatory History and Information
On September 26, 2013, the Coast Guard published a temporary
interim rule (TIR) establishing a regulated navigation area (RNA) at 33
CFR 165.T01-0705 for the Tappan Zee Bridge replacement project in that
waterway (78 FR 59231). We received no comments on the September 26,
2013 TIR. No public meeting was requested, and none was held. Today's
TIR revises the September 26, 2013 RNA on the Hudson River due to
changed circumstances in the construction project discussed below.
The Coast Guard is issuing this TIR without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable and contrary to the public interest. Construction on the
Tappan Zee Bridge replacement project began on October 1, 2013. The
construction project has grown to include the installation of 16
commercial mooring buoys and an increase in the number of construction
vessels to 100 or more vessels. These changes present new safety
hazards and risks. It would be impracticable to delay promulgating this
rule, as the RNA and safety zone are 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. For these reasons,
the Coast Guard believes it is impracticable and
[[Page 43252]]
contrary to the public interest to delay this regulation. At any time,
the Coast Guard may publish an amended rule if necessary to address
public concerns.
For the same reasons mentioned above, 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.
C. Basis and Purpose
Under the Ports and Waterways Safety Act, 33 U.S.C. 1221 et. seq.,
and Department of Homeland Security Delegation No. 0170.1, the Coast
Guard has the authority to establish RNAs and safety zones.
This rule is prompted by the navigation safety situation created by
the construction of the New NY Bridge to replace the existing Tappan
Zee Bridge. Construction on the project began on October 1, 2013, and
is expected to run through December 31, 2018.
The Coast Guard has discussed this project with the New York State
Thruway Authority (NYSTA) and Tappan Zee Constructors, LLC, to
determine whether the project can be completed without channel closures
or waterway restrictions. While the majority of construction activities
during the span of this project will not require waterway closures,
there are certain tasks that can only be completed in the channel or
surrounding installed commercial mooring buoys and will require closing
the waterway. The construction of the bridge will be extremely complex
and presents many safety hazards including overhead crane operations,
overhead cutting operations, potential falling debris, construction
vessels maneuvering and transiting between the bridge site and
commercial mooring buoys installed upstream and downstream from the
construction site, and barges positioned in the channel with a
restricted ability to maneuver. In addition to regular construction
activities, at present, NYSTA and Tappan Zee Constructors, LLC expect
to request waterway closures of the Federal Channel between March 2015
and October 2016. The channel closures will be necessary during heavy
lift operations conducted over the channel and are expected to be
conducted during daylight hours. These closures will be closely
coordinated with mariners in advance so they can alter their transit
schedules. Mariners that may safely navigate outside the Federal
channel would still be able to transit through the RNAs, during these
heavy lift operations.
D. Discussion of the Interim Rule
The Coast Guard is revising the existing Regulated Navigation Area
surrounding the Tappan Zee Bridge construction project to expand the
size of the RNA to all waters of the Hudson River within 500 yards of
the existing Tappan Zee Bridge. (The existing RNA includes all waters
of the Hudson River within 200 yards south, and 300 yards north, of the
existing Tappan Zee Bridge.) The expansion is necessary due to
installation of 16 commercial mooring buoys, and the increase in the
number of construction vessels operating within the RNA and safety zone
to 100 or more vessels. Additionally, the RNA will be divided into the
Western RNA and Eastern RNA, based upon their respective locations in
relation to the safety zone. This is intended to reduce public
confusion that may be created with establishing the NYSTA requested
safety zone and Eastern and Western RNA areas in the same area of the
Hudson River. As requested by the NYSTA, the RNA and safety zone would
have overlapped and would have established different operating
restrictions on vessels not involved with the project. This would have
likely led to confusion among mariners when determining which
regulations apply to them if they were within the area where the RNA
and safety zone overlapped.
Additionally, the Coast Guard is establishing a new safety zone on
the navigable waters of the Hudson River on the western side of the
Hudson River, north and south of the Tappan Zee Bridge, NY. Entry into,
anchoring, or movement within this safety zone is prohibited by all
vessels not working on the Tappan Zee Bridge construction project. The
safety zone surrounds 16 mooring buoys that are being installed for
this project. These moorings will be used as a staging site for barges
holding material used to build the New NY Bridge and demolish the
existing Tappan Zee Bridge. During peak operations, 100 or more vessels
may be within the RNAs, safety zone, or transiting to, or from, the
RNAs and safety zone.
The Coast Guard is making these revisions to maintain safe
navigation in the project area, and to prevent accidental or
intentional damage to persons or property on the work site. The ongoing
operations, increase in the number of construction vessels on site, and
installation of the 16 mooring buoys within the RNA and safety zone,
are by their nature, hazardous and pose risks both to recreational and
commercial traffic as well as to the construction crew. In order to
mitigate the inherent risks involved with the removal of a bridge, and
installation of the New NY Bridge, it is necessary to control vessel
movement through the area. The purpose of this TIR is to ensure the
safety of waterway users, the public, and construction workers for the
duration of the New NY Bridge construction and Tappan Zee Bridge
demolition.
Heavy-lift operations are sensitive to water movement, and wake
from passing vessels could pose significant risk of injury or death to
construction workers. In order to minimize such unexpected or
uncontrolled movement of water, any vessel transiting through the
Western RNA must make a direct and expeditious passage. No vessel may
stop, moor, anchor or loiter within the RNA at any time unless they are
working on the bridge construction operations.
Similarly, any vessel transiting through the Eastern RNA must make
a direct and expeditious passage. No vessel may stop, moor, anchor or
loiter within the RNA at any time unless they are working on the bridge
construction operations or they are anchoring within the special
anchorage area codified in 33 CFR 110.60(c)(8) located on the eastern
shoreline at Tarrytown, NY and within the boundaries of the Eastern
RNA.
If the project is completed before December 31, 2018, the COTP will
suspend enforcement of the Eastern or Western RNA and safety zone. The
COTP will notify the affected segments of the public of any suspension
of enforcement by appropriate means. Such means of notification could
include, but would not be limited to, Broadcast Notice to Mariners and
Local Notice to Mariners.
The COTP maintains a telephone line that is staffed 24 hours a day,
seven days a week. The public can obtain information concerning
enforcement of the regulated navigation area and safety zone by
contacting the Coast Guard Sector New York Command Center at (718) 354-
4353.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented
[[Page 43253]]
by Executive Order 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: Vessel traffic
would only be restricted from the Eastern RNA for limited durations.
The Eastern RNA covers only a small portion of the navigable waterway
which includes the Federal navigation channel. Furthermore, while the
Federal navigation channel is closed, vessels that can safely navigate
outside the Federal navigation channel would still be able to transit
through the Western RNA or the portion of the Eastern RNA which does
not encompass the Federal navigable channel.
Advance public notifications will also be made to local mariners
through appropriate means, which may include but are not limited to,
Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on the
September 26, 2013 TIR. 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.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor or moor within the Eastern or Western RNA or safety
zone.
The Eastern and Western RNA and safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The Eastern and Western RNAs and safety zone
will be of limited size and any closures of the Federal navigation
channel will be of short duration. Mariners that can safely navigate
outside the Federal navigation channel would still be able to transit
through the Western RNA and that portion of the Eastern RNA which does
not encompass the Federal Restricted channel. Before the effective
period of a waterway closure, advanced public notifications may be made
to local mariners through appropriate means, which could include, but
would not be limited to, Local Notice to Mariners, Broadcast Notice to
Mariners, and the Boater Safety Information section of the project Web
site at https://www.newnybridge.com. Individuals may also subscribe for
email updates for the project in the ``contact us'' section of the
project Web site.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
[[Page 43254]]
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 restricting vessel movement within a
regulated navigation area and safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Revise Sec. 165.T01-0174 to read as follows:
Sec. 165.T01-0174 Regulated Navigation Areas and Safety Zone Tappan
Zee Bridge Construction Project, Hudson River; South Nyack and
Tarrytown, NY.
(a) Regulated Navigation Area Boundaries. The following are
regulated navigation areas:
(1) Western RNA: all waters bound by the following approximate
positions: 41[deg]04'39.16'' N, 073[deg]55'00.68'' W on the western
shoreline; thence to 41[deg]04'28.34'' N, 073[deg]54'47.18'' W; thence
to 41[deg]04'11.28'' N, 073[deg]54'48.00'' W; thence to
41[deg]03'57.26'' N, 073[deg]54'40.73'' W; thence to 41[deg]03'57.36''
N, 073[deg]54'47.38'' W; thence to 41[deg]03'58.66'' N,
073[deg]54'56.14'' W; thence to 41[deg]04'03.00'' N, 073[deg]55'07.60''
W; thence to a point on the western shoreline at 41[deg]04'06.69'' N,
073[deg]55'14.10'' W; thence northerly along the shoreline to the point
of origin (NAD 83).
(2) Eastern RNA: all waters bound by the following approximate
positions: 41[deg]04'21.96'' N, 073[deg]52'03.25'' W on the eastern
shoreline; thence to 41[deg]04'26.27'' N, 073[deg]52'19.82'' W; thence
to 41[deg]04'26.53'' N, 073[deg]53'20.07'' W; thence to
41[deg]03'56.92'' N, 073[deg]53'18.84'' W; thence to 41[deg]03'56.69''
N, 073[deg]52'24.75'' W; thence to a point on the eastern shoreline at
41[deg]03'46.91'' N, 073[deg]52'05.89'' W; thence northerly along the
shoreline to the point of origin (NAD 83).
(b) Safety Zone Boundaries. The following is a Safety Zone: all
waters bound by the following approximate positions: 41[deg]04'59.70''
N, 073[deg]54'45.54'' W; thence to 41[deg]05'00.18'' N,
073[deg]53'21.48'' W; thence to 41[deg]03'09.24'' N, 073[deg]53'16.86''
W; thence to 41[deg]03'07.08'' N, 073[deg]54'14.70'' W; thence to
41[deg]04'11.28'' N, 073[deg]54'48.00'' W; thence to the point of
origin (NAD 83).
(c) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13, 165.20 and 165.23 apply.
(2) Any vessel transiting through the Western RNA must make a
direct and expeditious passage. No vessel may stop, moor, anchor or
loiter within the RNA at any time unless they are working on the bridge
construction operations.
(3) Any vessel transiting through the Eastern RNA must make a
direct and expeditious passage. No vessel may stop, moor, anchor or
loiter within the RNA at any time unless they are working on the bridge
construction operations or they are transiting to, or from, the special
anchorage area codified in 33 CFR 110.60(c)(8) located on the eastern
shoreline at Tarrytown, NY and within the boundaries of the RNA.
(4) Entry and movement within the Eastern RNA or Western RNA is
subject to a ``Slow-No Wake'' speed limit. All vessels may not produce
a wake and may not attain speeds greater than five knots unless a
higher minimum speed is necessary to maintain steerageway. All vessels
must proceed through the Eastern RNA and Western RNA with caution and
operate in such a manner as to produce no wake.
(5) Entry into, anchoring, loitering, or movement within the Safety
Zone is prohibited unless the vessel is working on the bridge
construction operations or authorized by the Captain of the Port New
York (COTP) or his designated representative.
(6) All persons and vessels must comply with all orders and
directions from the COTP or the COTP's designated representative. The
``designated representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on the COTP's behalf. The designated representative may be
on a Coast Guard vessel or New York State Police, Westchester County
Police, Rockland County Police, or other designated craft; or may be on
shore and will communicate with vessels via VHF-FM radio or loudhailer.
Members of the Coast Guard Auxiliary may be present to inform vessel
operators of this regulation.
(7) Upon being hailed by a Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(8) For the purpose of this regulation, the Federal navigation
channel, located in the Eastern RNA is marked by the red and green
navigation lights on the existing Tappan Zee Bridge, and the New NY
Bridge. As the project progresses, the Federal navigation channel will
be intermittently closed, or partially restricted, to all vessel
transits. While the Federal navigation channel is closed, vessels that
can safely navigate outside the Federal navigation channel would still
be able to transit through the Eastern RNA. These closures or partial
restrictions are tentatively scheduled to take place between March 2015
and October 2016. The COTP will cause a notice of the channel closure
or restrictions by appropriate means to the affected segments of the
public. Such means of notification may include, but are not limited to,
Broadcast Notice to Mariners and Local Notice to Mariners.
(9) Notwithstanding anything contained in this section, the Rules
of the Road (33 CFR part 84--Subchapter E, inland navigational rules)
are still in
[[Page 43255]]
effect and must be strictly adhered to at all times.
(d) Enforcement periods. This regulation will be enforced 24 hours
a day from 5:00 a.m. on July 3, 2014 until 11:59 p.m. on December 31,
2018.
(1) Notice of suspension of enforcement: If enforcement is
suspended, the COTP will cause a notice of the suspension of
enforcement by appropriate means to the affected segments of the
public. Such means of notification may include, but are not limited to,
Broadcast Notice to Mariners and Local Notice to Mariners. Such
notification will include the date and time that enforcement will be
suspended as well as the date and time that enforcement will resume.
(2) Violations of this regulation may be reported to the COTP at
718-354-4353 or on VHF-Channel 16.
Dated: July 3, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-17600 Filed 7-24-14; 8:45 am]
BILLING CODE 9110-04-P
