Safety Zone; East River, New York, NY, 69172-69175 [2020-24020]

Download as PDF 69172 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations significant guidance document also shall be posted on the Commission website. (c) The Commission shall prepare and post a public response to major concerns raised in the comments, as appropriate, either before or when the significant guidance document is finalized and issued. (d) When appropriate, the Chair may determine that a guidance document that is not otherwise required to go through notice and public comment shall also be subject to a period of public comment following the document’s approval by the Commission before the document becomes effective. (e) Unless otherwise determined in writing by the Chair, upon issuing a significant guidance document, a report shall be submitted to Congress and GAO in accordance with the procedures described in 5 U.S.C. 801 (the ‘‘Congressional Review Act’’). § 1695.7 Petitions. jbell on DSKJLSW7X2PROD with RULES (a) Any interested person may petition the Commission, in writing, for the issuance, amendment, or repeal of a guidance. Such petition shall state the guidance, regulation, or rule, together with a statement of grounds in support of such petition. (b) Petitions may be filed with the EEOC, Office of Executive Secretariat, either electronically at the EEOC guidance portal, http://www.eeoc.gov/ guidance, or in hard copy to U.S. Equal Employment Opportunity Commission, Executive Secretariat, 131 M Street NE, Washington, DC 20507. (c) Upon the filing of such petition, the Commission shall consider the same and may thereupon either grant or deny the petition in whole or in part, conduct an appropriate proceeding thereon, or make other disposition of the petition. (d) The Commission should respond to all petitions in a timely manner, but no later than 90 days after receipt of the petition, as to how it intends to proceed. Should the petition be denied in whole or in part, prompt notice shall be given of the denial, accompanied by a simple statement of the grounds unless the denial be self-explanatory. (e) The issuance, amendment, or repeal of a guidance in response to a petition shall be considered by the Commission pursuant to its regular procedures. § 1695.8 Public access to current guidance documents. (a) All current guidance documents shall be published with a unique identifier including, at a minimum, the document’s title, date of issuance or revision, and its Z–RIN (if applicable). VerDate Sep<11>2014 17:00 Oct 30, 2020 Jkt 253001 (b) All current guidance documents shall made available through a single ‘‘guidance portal’’ on the Commission website, together with a single, searchable, indexed database available to the public; (c) The guidance portal shall include a statement that guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract; (d) The Commission shall maintain and advertise on its website a means for the public to comment electronically on any guidance documents that are subject to the notice and comment procedures described in § 1695.6 and to submit requests electronically for issuance, reconsideration, modification, or rescission of guidance documents in accordance with § 1695.7; and (e) Designate an office to receive and address complaints from the public that the Commission is not following the relevant requirements for issuing guidance or is improperly treating a guidance document as a binding requirement. § 1695.9 Rescinded guidance. The Commission shall not cite, use, or rely on guidance documents that are rescinded, except to establish historical facts. § 1695.10 rights. No judicial review or enforceable This part is intended to improve the internal management of the Commission. As such, it is for the use of EEOC personnel only and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies or other entities, its officers or employees, or any other person. [FR Doc. 2020–22542 Filed 10–30–20; 8:45 am] BILLING CODE 6570–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0600] RIN 1625–AA00 Safety Zone; East River, New York, NY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for SUMMARY: PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 navigable waters of the east channel of the East River between the Roosevelt Island Bridge (mile 6.4) and Gibbs Point approximately 800 yards northeast of the bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the installation of one TriFrame with three attached underwater turbines, associated cabling and 4 to 6 Private Aids to Navigation. When enforced, entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York. DATES: This rule is effective without actual notice from November 2, 2020 through 11:59 p.m., December 31, 2020. For the purposes of enforcement, actual notice will be used from 7 a.m., October 22, 2020 through November 2, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0600 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Jeff Yunker, Sector New York Waterways Management Division; U. S. Coast Guard; telephone 718–354–4195, email jeffrey.m.yunker@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATON Private Aids to Navigation RITE Roosevelt Island Tidal Energy Project § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the contractor did not provide enough notice that three barges, three tugs and three work vessels will be conducting heavy lift operations and installing 4 to E:\FR\FM\02NOR1.SGM 02NOR1 6 Private Aids to Navigation (PATON) in the east channel of the East River, north of the Roosevelt Island Bridge while installing one TriFrame with three underwater turbines for the RITE Project. The USACE is issuing a permit for this installation and immediate action is needed to respond to the potential safety hazards associated with heavy lift operations. It is impracticable to publish an NPRM because we must establish this safety zone by October 22, 2020. The Coast Guard is publishing this rule to be effective through December 31, 2020 in case the project is delayed due to unforeseen circumstances. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with multiple construction vessels operating within a confined area of the East River. We anticipate enforcing the safety zone during the heavy lift operations for installation of the RITE Project TriFrame with three turbines scheduled from approximately 7 a.m. until 11 p.m. on October 22, 2020. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these constrained navigable waters while the project and PATON marking the project area are being installed. When enforced no vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Coast Guard is publishing this rule to be effective through December 31, 2020 in case the project is delayed due to unforeseen circumstances. VerDate Sep<11>2014 17:00 Oct 30, 2020 Jkt 253001 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port New York (COTP) has determined that potential hazards associated with installation of the RITE Project TriFrame with three turbines and associated PATON marking this installation on October 22, 2020, will be a safety concern for anyone in the East River, east of Roosevelt Island, between V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 69173 the Roosevelt Island Bridge (mile 6.4) and Gibbs Point. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while nine tugs, barges and work vessels are installing one TriFrame with three underwater turbines and 4–6 PATON marking the RITE Project area. IV. Discussion of the Rule This rule establishes a safety zone from October 22 through December 31, 2020. The safety zone will cover all navigable waters of the East River east of Roosevelt Island between the Roosevelt Island Bridge (mile 6.4) and Gibbs Point being used by vessels and personnel to install Phase 1 of the RITE Project. approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which would impact a small designated area of E:\FR\FM\02NOR1.SGM 02NOR1 ER02NO20.003</GPH> jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations 69174 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES the East River for approximately 16 hours during the Fall when vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, publish the zone in the Local Notice to Mariners, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). VerDate Sep<11>2014 17:00 Oct 30, 2020 Jkt 253001 D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 16 hours that will prohibit entry between the Roosevelt Island Bridge (mile 6.4) and Gibbs Point being used by vessels, machinery and personnel to install Phase 1 of the RITE Project and 4–6 PATON marking the project area. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping 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: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0600 to read as follows: ■ § 165.T01–0600 New York, NY. Safety Zone; East River, (a) Location. The following area is a safety zone: All waters of the East River, from surface to bottom, east of Roosevelt Island, upstream of the Roosevelt Island Bridge (mile 6.4) and downstream of a line connecting the following points: Gibbs Point at (pa) 40°46′05.12″ N, 073°56′21.74″ W to Roosevelt Island at (pa) 40°46′09.25″ N, 073°56′29.60″ W. These coordinates are based on NAD 83. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port New York (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by VHF-Channel 16 or at E:\FR\FM\02NOR1.SGM 02NOR1 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations 718–354–4353. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period[s]. This section is effective from October 22 through December 31, 2020 but will only be enforced when Roosevelt Island Tidal Energy Project heavy lift operations are in progress. Dated: October 20, 2020. Jason P. Tama, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2020–24020 Filed 10–30–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Parts 1 and 4 [NPS–WASO–REGS; 30756; GPO Deposit Account 4311H2] RIN 1024–AE61 General Provisions; Electric Bicycles National Park Service, Interior. Final rule. AGENCY: ACTION: The National Park Service promulgates regulations governing the use of electric bicycles, or e-bikes, within the National Park System. This rule defines the term ‘‘electric bicycle’’ and establishes rules for how they may be used. This rule implements Secretary of the Interior Order 3376, ‘‘Increasing Recreational Opportunities through the use of Electric Bikes,’’ on lands administered by the National Park Service. SUMMARY: This rule is effective on December 2, 2020. ADDRESSES: The comments received on the proposed rule and an economic analysis are available on www.regulations.gov in Docket ID: NPS– 2020–0001. FOR FURTHER INFORMATION CONTACT: Jay Calhoun, Regulations Program Manager, National Park Service; (202) 513–7112; waso_regulations@nps.gov. SUPPLEMENTARY INFORMATION: DATES: Background jbell on DSKJLSW7X2PROD with RULES Use and Management of Bicycles Bicycling is a popular recreational activity in many units of the National Park System. Cyclists of all skill levels and ages enjoy riding on roads and designated bicycle trails for scenery, exercise, and adventure. Visitors bicycle alone, with friends, or with family. VerDate Sep<11>2014 17:00 Oct 30, 2020 Jkt 253001 From leisurely rides to challenging alpine climbs, bicycles offer spectacular opportunities to experience the resources of the National Park System. National Park Service (NPS) regulations at 36 CFR 4.30 govern the use of bicycles on NPS-administered lands. These regulations identify where bicycles are allowed, manage how bicycles may be used, and allow superintendents to restrict bicycle use when necessary. Bicycles are allowed on park roads and parking areas open to public motor vehicles. Bicycles are also allowed on administrative roads that are closed to motor vehicle use by the public but open to motor vehicle use by the NPS for administrative purposes, but only after the superintendent determines that such bicycle use is consistent with protection of the park area’s natural, scenic and aesthetic values, safety considerations and management objectives, and will not disturb wildlife or park resources. The use of bicycles on trails is subject to a thorough approval and review process. When bicycle use is proposed for a new or existing trail, the NPS must complete a planning process that evaluates bicycle use on the specific trail, including impacts to trail surface and soil conditions, maintenance costs, safety considerations, potential user conflicts, and methods to protect resources and mitigate impacts. For both new and existing trails, the NPS must complete NEPA analysis that concludes that bicycle use on the trail will have no significant impacts. The superintendent must prepare and the regional director must approve the same written determination that is required for allowing bicycles on administrative roads. Each of these documents must be made available for public review and comment. For new trails outside of developed areas, the NPS must publish a special regulation designating the trail for bicycle use, which is subject to a separate public comment period. Adherence to the procedures in these regulations helps ensure that bicycles are allowed only in locations where, in the judgment of the NPS, their use is appropriate and will not cause unacceptable impacts. The NPS has completed the process required by these regulations in many NPS units, including the following that have special regulations designating trails for bicycle use: Rocky Mountain National Park (36 CFR 7.7), Saguaro National Park (36 CFR 7.11), Cuyahoga Valley National Park (36 CFR 7.17), Hot Springs National Park (36 CFR 7.18), Grand Teton National Park (36 CFR 7.22), Mammoth Cave National Park (36 CFR 7.36), Sleeping Bear Dunes PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 69175 National Lakeshore (36 CFR 7.80), New River Gorge National River (36 CFR 7.89), Chattahoochee River National Recreation Area (36 CFR 7.90), Bryce Canyon National Park (36 CFR 7.94), Pea Ridge National Military Park (36 CFR 7.95), and Golden Gate National Recreation Area (36 CFR 7.97). Introduction of Electric Bicycles While bicycling has been a decadeslong tradition in many park areas, the appearance of electric bicycles, or ebikes, is a relatively new phenomenon. An e-bike is a bicycle with a small electric motor that provides power to help move the bicycle. As they have become more popular both on and off NPS-managed lands, the NPS has recognized the need to address this emerging form of recreation so that it can exercise clear management authority over e-bikes and provide clarity to visitors and stakeholders such as visitor service providers. Similar to traditional bicycles, the NPS believes that, with proper management, the use of e-bikes may be an appropriate activity in many park areas. E-bikes advance the NPS’s ‘‘Healthy Parks Healthy People’’ goals to promote national parks as a health resource.1 Specifically, e-bikes can increase bicycle access to and within parks. E-bikes make bicycle travel easier and more efficient because they allow bicyclists to travel farther with less effort. E-bikes can expand the option of bicycling to more people by providing a new option for those who want to ride a bicycle but might not otherwise do so because of physical fitness, age, or convenience, especially at high altitude or in hilly or strenuous terrain. Also, when used as an alternative to gasolineor diesel-powered modes of transportation, e-bikes can reduce greenhouse gas emissions and fossil fuel consumption, improve air quality, and support active modes of transportation for park staff and visitors. Similar to traditional bicycles, e-bikes can decrease traffic congestion, reduce the demand for vehicle parking spaces, and increase the number and visibility of cyclists on the road. Policy Direction for Managing E-Bikes Secretary’s Order 3376 On August 29, 2019, Secretary of the Interior Bernhardt signed Secretary’s Order 3376, ‘‘Increasing Recreational Opportunities through the use of 1 For more information about how the NPS promotes the health and well-being of park visitors through the Healthy Parks Healthy People movement, visit https://www.nps.gov/subjects/ healthandsafety/health-benefits-of-parks.htm. E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69172-69175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24020]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0600]
RIN 1625-AA00


Safety Zone; East River, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the east channel of the East River between the 
Roosevelt Island Bridge (mile 6.4) and Gibbs Point approximately 800 
yards northeast of the bridge. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the installation of one TriFrame with three attached 
underwater turbines, associated cabling and 4 to 6 Private Aids to 
Navigation. When enforced, entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
New York.

DATES: This rule is effective without actual notice from November 2, 
2020 through 11:59 p.m., December 31, 2020. For the purposes of 
enforcement, actual notice will be used from 7 a.m., October 22, 2020 
through November 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0600 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Sector New York Waterways Management 
Division; U. S. Coast Guard; telephone 718-354-4195, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATON Private Aids to Navigation
RITE Roosevelt Island Tidal Energy Project
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the contractor did not provide enough 
notice that three barges, three tugs and three work vessels will be 
conducting heavy lift operations and installing 4 to

[[Page 69173]]

6 Private Aids to Navigation (PATON) in the east channel of the East 
River, north of the Roosevelt Island Bridge while installing one 
TriFrame with three underwater turbines for the RITE Project. The USACE 
is issuing a permit for this installation and immediate action is 
needed to respond to the potential safety hazards associated with heavy 
lift operations. It is impracticable to publish an NPRM because we must 
establish this safety zone by October 22, 2020. The Coast Guard is 
publishing this rule to be effective through December 31, 2020 in case 
the project is delayed due to unforeseen circumstances.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with multiple 
construction vessels operating within a confined area of the East 
River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port New York 
(COTP) has determined that potential hazards associated with 
installation of the RITE Project TriFrame with three turbines and 
associated PATON marking this installation on October 22, 2020, will be 
a safety concern for anyone in the East River, east of Roosevelt 
Island, between the Roosevelt Island Bridge (mile 6.4) and Gibbs Point. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while nine 
tugs, barges and work vessels are installing one TriFrame with three 
underwater turbines and 4-6 PATON marking the RITE Project area.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 22 through 
December 31, 2020. The safety zone will cover all navigable waters of 
the East River east of Roosevelt Island between the Roosevelt Island 
Bridge (mile 6.4) and Gibbs Point being used by vessels and personnel 
to install Phase 1 of the RITE Project.
[GRAPHIC] [TIFF OMITTED] TR02NO20.003

    We anticipate enforcing the safety zone during the heavy lift 
operations for installation of the RITE Project TriFrame with three 
turbines scheduled from approximately 7 a.m. until 11 p.m. on October 
22, 2020. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these constrained navigable 
waters while the project and PATON marking the project area are being 
installed. When enforced no vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. The Coast Guard is publishing this rule to 
be effective through December 31, 2020 in case the project is delayed 
due to unforeseen circumstances.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which would 
impact a small designated area of

[[Page 69174]]

the East River for approximately 16 hours during the Fall when vessel 
traffic is normally low. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, publish the zone in the Local Notice to Mariners, and the rule 
would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting only 16 hours that will prohibit entry between the 
Roosevelt Island Bridge (mile 6.4) and Gibbs Point being used by 
vessels, machinery and personnel to install Phase 1 of the RITE Project 
and 4-6 PATON marking the project area. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0600 to read as follows:


Sec.  165.T01-0600  Safety Zone; East River, New York, NY.

    (a) Location. The following area is a safety zone: All waters of 
the East River, from surface to bottom, east of Roosevelt Island, 
upstream of the Roosevelt Island Bridge (mile 6.4) and downstream of a 
line connecting the following points: Gibbs Point at (pa) 
40[deg]46'05.12'' N, 073[deg]56'21.74'' W to Roosevelt Island at (pa) 
40[deg]46'09.25'' N, 073[deg]56'29.60'' W. These coordinates are based 
on NAD 83.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port New York (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-Channel 16 or at

[[Page 69175]]

718-354-4353. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period[s]. This section is effective from October 
22 through December 31, 2020 but will only be enforced when Roosevelt 
Island Tidal Energy Project heavy lift operations are in progress.

    Dated: October 20, 2020.
Jason P. Tama,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2020-24020 Filed 10-30-20; 8:45 am]
BILLING CODE 9110-04-P