Safety Zone; East River, New York, NY, 69172-69175 [2020-24020]
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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.
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(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, https://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).
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(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:
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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
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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.
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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
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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
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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).
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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
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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
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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
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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.
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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
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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.
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]]>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.
-----------------------------------------------------------------------
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
