Safety Zone; Shore (Belt) Parkway Bridge Construction, Mill Basin; Brooklyn, NY, 13309-13312 [2015-05800]
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules
their use to process transactions
involving Banca Privada d’Andorra. At
a minimum, that special due diligence
must include:
(A) Notifying those foreign
correspondent account holders that the
covered financial institution knows or
has reason to know provide services to
Banca Privada d’Andorra that such
correspondents may not provide Banca
Privada d’Andorra with access to the
correspondent account maintained at
the covered financial institution; and
(B) Taking reasonable steps to identify
any use of its foreign correspondent
accounts by Banca Privada d’Andorra,
to the extent that such use can be
determined from transactional records
maintained in the covered financial
institution’s normal course of business.
(ii) A covered financial institution
shall take a risk-based approach when
deciding what, if any, other due
diligence measures it reasonably must
adopt to guard against the use of its
foreign correspondent accounts to
process transactions involving Banca
Privada d’Andorra.
(iii) A covered financial institution
that obtains knowledge that a foreign
correspondent account may be being
used to process transactions involving
Banca Privada d’Andorra shall take all
appropriate steps to further investigate
and prevent such access, including the
notification of its correspondent account
holder under paragraph (b)(2)(i)(A) and,
where necessary, termination of the
correspondent account.
(3) Recordkeeping and reporting. (i) A
covered financial institution is required
to document its compliance with the
notice requirement set forth in
paragraph (b)(2)(i)(A) of this section.
(ii) Nothing in this paragraph (b) shall
require a covered financial institution to
report any information not otherwise
required to be reported by law or
regulation.
Dated: March 6, 2015.
Jennifer Shasky Calvery,
Financial Crimes Enforcement Network.
[FR Doc. 2015–05724 Filed 3–12–15; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
Coast Guard
SUPPLEMENTARY INFORMATION:
Table of Acronyms
33 CFR Part 165
[Docket Number USCG–2014–1044]
RIN 1625–AA00
Safety Zone; Shore (Belt) Parkway
Bridge Construction, Mill Basin;
Brooklyn, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a safety zone on the navigable
waters of Mill Basin surrounding the
Belt Parkway Bridge. In response to a
planned Belt Parkway Bridge
construction project, this rule would
allow the Coast Guard to prohibit all
vessel traffic through the safety zone
during bridge replacement operations,
both planned and unforeseen, that could
pose an imminent hazard to persons and
vessels operating in the area. This rule
is necessary to provide for the safety of
life in the vicinity of the construction of
the Belt Parkway Bridge.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 12, 2015.
Requests for public meetings must be
received by the Coast Guard on or before
April 3, 2015.
ADDRESSES: 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, contact
LT Hannah Eko, Coast Guard Sector
New York; telephone (718) 354–4114, or
email hannah.o.eko@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
SUMMARY:
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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 [USCG–2014–1044] 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.
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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 (USCG–2014–1044) 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 do not now 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.
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B. Regulatory History and Information
A Coast Guard Public Notice detailing
work on the portion of the Belt Parkway
Bridge over Mill Basin was published
on 31 July 2007.
C. Basis and Purpose
The legal basis for this rule is 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to define regulatory safety
zones.
The purpose of this rulemaking is to
ensure the safety of vessels and workers
from hazards associated with
construction on the Belt Parkway
Bridge.
D. Discussion of Proposed Rule
The proposed rule will give the
Captain of the Port (COTP) New York
the authority to prohibit vessel traffic on
this portion of Mill Basin when
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necessary for the safety of vessels and
workers during construction work in the
channel. The Coast Guard will close the
designated area to all traffic during any
circumstance, planned or unforeseen,
that poses an imminent threat to
waterway users or construction
operations in the area. Complete
waterway closures will be minimized to
that period absolutely necessary and
made with as much advanced notice as
possible. During closures there will not
be enough space for mariners to transit
through the safety zone between the
construction vessels and the current
bridge piers.
The COTP would notify the public of
the enforcement of this safety zone by
publishing a Notice of Enforcement
(NOE) in the Federal Register and via
the other means listed in 33 CFR 165.7.
Such notifications would include the
date and times of enforcement, along
with any pre-determined conditions of
entry.
A navigation safety situation created
by construction of the new Belt Parkway
Bridge and removal of the current Belt
Parkway Bridge prompted the proposed
rule. This bridge carries the Shore
Parkway (also referred to as the Belt
Parkway) over Mill Basin. The current
Belt Parkway Bridge was built in 1940
and no longer meets current federal and
state safety standards. The New York
City Department of Transportation (NYC
DOT) will hire contractors to construct
a new fixed bridge approximately 100
feet west of the current bridge and
remove the current movable, bascule
bridge. This new bridge will represent
an increase of about 1,780 feet in length
over the existing bridge and an increase
of about 46 feet in width. Construction
is scheduled to begin mid to late 2015.
Scheduled completion of the new bridge
and removal of the old bridge is 2021.
The Coast Guard has discussed this
project with NYC DOT to determine
whether the project can be completed
without channel closures and, if
possible, what impact that would have
on the project timeline. Through these
discussions, it became clear that while
the majority of construction activities
during the span of this project would
not require waterways closures, there
are certain tasks that can only be
completed in the channel and will
require closing the waterway.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
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 expects the
economic impact of this proposed rule
to be minimal as this proposed safety
zone will be limited to the Mill Basin
area, closures will mostly occur during
weekdays when traffic is low, and most
waterway closures will be during times
of reduced recreational boating traffic.
Advanced public notifications would
also be made to local mariners through
appropriate means, which may include
but are not limited to the Local Notice
to Mariners and at https://
homeport.uscg.mil/newyork which
would allow the public an opportunity
to plan for these closures.
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 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.
For all of the reasons discussed in the
REGULATORY PLANNING AND
REVIEW section, the Coast Guard
certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities.
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 proposed rule. If the
rule would affect your small business,
organization, or governmental
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jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
lead to the discovery of a significant
environmental impact from this
proposed rule.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
6. Protest Activities
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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8. Taking of Private Property
This proposed rule would 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves the establishment of a
safety zone and thus, is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination
will be available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
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List of Subjects in 33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–1044 to read as
follows:
■
§ 165.T01–1044 Safety Zone; Belt Parkway
Bridge Construction, Mill Basin, Brooklyn,
NY.
(a) Location. The following area is a
safety zone: All waters from surface to
bottom of Mill Basin within 200 yards
of the Belt Parkway Mill Basin bridge,
east of a line drawn from 40–36–24.29″
N, 73–54–02.59″ W to 40–36–11.36″ N,
073–54–04.69″ W, and west of a line
drawn from 40–36–21.13″ N, 073–53–
47.38″ W to 40–36–11.59″ N, 073–53–
48.88″ W.
(b) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port (COTP) New York, to act on his or
her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(c) Enforcement Periods. (1) This
safety zone is in effect permanently 1
June 2015 but will only be enforced
when deemed necessary by the COTP.
(2) The COTP will notify the public of
the enforcement of this safety zone by
publishing a Notice of Enforcement
(NOE) in the Federal Register and via
the other means listed in 33 CFR 165.7.
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Such notifications will include the date
and times of enforcement, along with
any pre-determined conditions of entry.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) During periods of enforcement, all
persons and vessels must comply with
all orders and directions from the COTP
or a COTP’s designated representative.
(3) During periods of enforcement,
upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or
other means, the operator of the vessel
must proceed as directed.
Dated: March 3, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2015–05800 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0795; FRL–9924–28Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina
Infrastructure Requirements for the
2008 8-Hour Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of the November 2, 2012, State
Implementation Plan (SIP) submission,
provided by the North Carolina
Department of Environment and Natural
Resources (NC DENR), Division of Air
Quality (NCDAQ) for inclusion into the
North Carolina SIP. This proposal
pertains to the Clean Air Act (CAA or
the Act) infrastructure requirements for
the 2008 8-hour ozone national ambient
air quality standards (NAAQS). The
CAA requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. NCDAQ certified
that the North Carolina SIP contains
provisions that ensure the 2008 8-hour
ozone NAAQS is implemented,
enforced, and maintained in North
Carolina (hereafter referred to as an
‘‘infrastructure SIP submission’’). With
the exception of provisions pertaining to
prevention of significant deterioration
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SUMMARY:
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(PSD) permitting, interstate transport,
and state boards requirements, EPA is
proposing to approve North Carolina’s
infrastructure SIP submission provided
to EPA on November 2, 2012, as
satisfying the required infrastructure
elements for the 2008 8-hour ozone
NAAQS.
Written comments must be
received on or before April 3, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2014–0795, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2014–
0795,’’ Air Regulatory Management
Section, (formerly the Regulatory
Development Section), Air Planning and
Implementation Branch, (formerly the
Air Planning Branch)Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2014–
0795. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
DATES:
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and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What elements are required under sections
110(a)(1) and (2)?
III. What is EPA’s approach to the review of
infrastructure SIP submissions?
IV. What is EPA’s analysis of how North
Carolina addressed the elements of
sections 110(a)(1) and (2)
‘‘infrastructure’’ provisions?
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]]>Agencies
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Proposed Rules]
[Pages 13309-13312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05800]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1044]
RIN 1625-AA00
Safety Zone; Shore (Belt) Parkway Bridge Construction, Mill
Basin; Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone on the
navigable waters of Mill Basin surrounding the Belt Parkway Bridge. In
response to a planned Belt Parkway Bridge construction project, this
rule would allow the Coast Guard to prohibit all vessel traffic through
the safety zone during bridge replacement operations, both planned and
unforeseen, that could pose an imminent hazard to persons and vessels
operating in the area. This rule is necessary to provide for the safety
of life in the vicinity of the construction of the Belt Parkway Bridge.
DATES: Comments and related material must be received by the Coast
Guard on or before May 12, 2015.
Requests for public meetings must be received by the Coast Guard on
or before April 3, 2015.
ADDRESSES: 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,
contact LT Hannah Eko, Coast Guard Sector New York; telephone (718)
354-4114, or email hannah.o.eko@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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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 [USCG-2014-1044] 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.
[[Page 13310]]
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 (USCG-2014-1044) 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 do not now 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
A Coast Guard Public Notice detailing work on the portion of the
Belt Parkway Bridge over Mill Basin was published on 31 July 2007.
C. Basis and Purpose
The legal basis for this rule is 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,
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define regulatory safety zones.
The purpose of this rulemaking is to ensure the safety of vessels
and workers from hazards associated with construction on the Belt
Parkway Bridge.
D. Discussion of Proposed Rule
The proposed rule will give the Captain of the Port (COTP) New York
the authority to prohibit vessel traffic on this portion of Mill Basin
when necessary for the safety of vessels and workers during
construction work in the channel. The Coast Guard will close the
designated area to all traffic during any circumstance, planned or
unforeseen, that poses an imminent threat to waterway users or
construction operations in the area. Complete waterway closures will be
minimized to that period absolutely necessary and made with as much
advanced notice as possible. During closures there will not be enough
space for mariners to transit through the safety zone between the
construction vessels and the current bridge piers.
The COTP would notify the public of the enforcement of this safety
zone by publishing a Notice of Enforcement (NOE) in the Federal
Register and via the other means listed in 33 CFR 165.7. Such
notifications would include the date and times of enforcement, along
with any pre-determined conditions of entry.
A navigation safety situation created by construction of the new
Belt Parkway Bridge and removal of the current Belt Parkway Bridge
prompted the proposed rule. This bridge carries the Shore Parkway (also
referred to as the Belt Parkway) over Mill Basin. The current Belt
Parkway Bridge was built in 1940 and no longer meets current federal
and state safety standards. The New York City Department of
Transportation (NYC DOT) will hire contractors to construct a new fixed
bridge approximately 100 feet west of the current bridge and remove the
current movable, bascule bridge. This new bridge will represent an
increase of about 1,780 feet in length over the existing bridge and an
increase of about 46 feet in width. Construction is scheduled to begin
mid to late 2015. Scheduled completion of the new bridge and removal of
the old bridge is 2021.
The Coast Guard has discussed this project with NYC DOT to
determine whether the project can be completed without channel closures
and, if possible, what impact that would have on the project timeline.
Through these discussions, it became clear that while the majority of
construction activities during the span of this project would not
require waterways closures, there are certain tasks that can only be
completed in the channel and will require closing the waterway.
E. Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented 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 expects the economic impact of this proposed rule
to be minimal as this proposed safety zone will be limited to the Mill
Basin area, closures will mostly occur during weekdays when traffic is
low, and most waterway closures will be during times of reduced
recreational boating traffic.
Advanced public notifications would also be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice to Mariners and at https://homeport.uscg.mil/newyork which
would allow the public an opportunity to plan for these closures.
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 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. For all of the reasons discussed in the REGULATORY PLANNING AND
REVIEW section, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule will not have a significant economic impact on a
substantial number of small entities.
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 proposed rule. If the rule would affect
your small business, organization, or governmental
[[Page 13311]]
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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
made a preliminary determination 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 proposed rule involves the
establishment of a safety zone and thus, is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination will be
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 proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-1044 to read as follows:
Sec. 165.T01-1044 Safety Zone; Belt Parkway Bridge Construction, Mill
Basin, Brooklyn, NY.
(a) Location. The following area is a safety zone: All waters from
surface to bottom of Mill Basin within 200 yards of the Belt Parkway
Mill Basin bridge, east of a line drawn from 40-36-24.29'' N, 73-54-
02.59'' W to 40-36-11.36'' N, 073-54-04.69'' W, and west of a line
drawn from 40-36-21.13'' N, 073-53-47.38'' W to 40-36-11.59'' N, 073-
53-48.88'' W.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
New York, to act on his or her behalf. The designated representative
may be on an official patrol vessel or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. In addition,
members of the Coast Guard Auxiliary may be present to inform vessel
operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(c) Enforcement Periods. (1) This safety zone is in effect
permanently 1 June 2015 but will only be enforced when deemed necessary
by the COTP.
(2) The COTP will notify the public of the enforcement of this
safety zone by publishing a Notice of Enforcement (NOE) in the Federal
Register and via the other means listed in 33 CFR 165.7.
[[Page 13312]]
Such notifications will include the date and times of enforcement,
along with any pre-determined conditions of entry.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) During periods of enforcement, all persons and vessels must
comply with all orders and directions from the COTP or a COTP's
designated representative.
(3) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of the vessel must proceed as directed.
Dated: March 3, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-05800 Filed 3-12-15; 8:45 am]
BILLING CODE 9110-04-P
