[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Proposed Rules]
[Pages 48832-48834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18921]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-090]
RIN 2115-AA97


Safety Zone; East River, Manhattan, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in a 
portion of the waters of the East River, Western Channel, between 
Manhattan and Roosevelt Island, NY. This action is necessary to provide 
for the safety of construction crews and motorists during 
rehabilitation of a portion of the Franklin Delano Roosevelt (FDR) 
Drive between East 56th Street and East 63rd Street in Manhattan, NY. 
This action is intended to prevent vessels from the hazards associated 
with construction, operation and disassembly of a temporary Outboard 
Detour Roadway and its protective fendering system, and to minimize the 
risk of allision with those structures, once constructed, by 
restricting marine traffic within the zone.

DATES: Comments and related material must reach the Coast Guard on or 
before August 16, 2002.

ADDRESSES: You may mail comments and related material to the Waterways 
Oversight Branch (CGD01-02-090), Coast Guard Activities New York, 212 
Coast Guard Drive, Staten Island, New York 10305. The Waterways 
Oversight Branch of Coast Guard Activities New York maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at Room 202, Coast Guard Activities New York, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. Comments 
can also be made via electronic mail to: Actny-wwm/wob/[email protected].

FOR FURTHER INFORMATION CONTACT: Lieutenant Luis E. Martinez, Waterways 
Oversight Branch, Coast Guard Activities New York, at (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the document number for this rulemaking (CGD01-
02-090), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose a 
stamped self-addressed postcard or envelope. The Coast Guard will 
consider all comments received during the comment period. We may change 
this proposed rule in view of the comments.

Public Meeting

    The Coast Guard does not now plan to hold a public meeting. Persons 
may request a public meeting by writing to the Waterways Oversight 
Branch at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one will aid this rulemaking, we will 
hold a public meeting at a time and place announced by a later notice 
in the Federal Register.

Background and Purpose

    The New York State Department of Transportation (NYSDOT) is 
undertaking the rehabilitation of the FDR Drive in Manhattan, NY. The 
project is scheduled to begin on September 1, 2002 and to continue 
until approximately June 2007. It will include the building of a 
temporary Outboard Detour Roadway (causeway) adjacent to the northbound 
lanes of a portion of the FDR Drive that will provide three lanes of 
motor vehicle traffic over the Western Channel of the East River 
between East 56th Street and East 63rd Street in Manhattan.
    The temporary Outboard Detour Roadway will be protected from marine 
traffic interference by a fendering system positioned adjacent to and 
just outside the western edge of the navigable channel in the East 
River's Western Channel. The fendering system will run the length of 
the Outboard Detour Roadway. It is designed to withstand an allision by 
a vessel displacing 38,000 long tons (38,610 metric tons) striking at a 
speed of 6.8 knots and a 7.5 degree angle of approach.
    The proposed rule would exclude all vessels from the immediate 
vicinity of the Outboard Detour Roadway during the construction, 
operation and disassembly of the structure and its protective fendering 
system. By excluding marine traffic, the zone would protect maritime 
users from the hazards associated with the construction, operation and 
disassembly of those structures and protect Outboard Detour Roadway 
users from the risk of vessel allision or interference with that 
structure. The proposed safety zone would commence on September 1, 
2002.
    In order to provide further protection for roadway users, we 
contemplate the subsequent establishment of a Regulated Navigation Area 
(RNA) in the Western Channel of the East River between 23rd Street, 
Manhattan (Poorhouse Flats Range) and East 96th Street, Manhattan 
(Hell's Gate). No vessel with a displacement of greater than 38,000 
long tons would be permitted to enter the RNA without tugboat 
assistance. That RNA will be the subject of separate rulemaking process 
as we draw closer to the projected opening of the Outboard Detour 
Roadway in 2004.

Discussion of Proposed Rule

    The proposed rule would establish a safety zone in the waters of 
the East River, Western Channel, extending from the Manhattan riverbank 
to the western boundary of the federal navigable channel and running 
approximately along the length of the projected Outboard Detour 
Roadway's protective fendering system. More specifically, the zone 
would include all waters enclosed by a line connecting the following 
points: beginning on the Manhattan riverbank at a point 40 deg.45'35.7" 
N, 073 deg.57'25.2" W (Point A), thence southeasterly to a point 
40 deg.45'34.6" N, 073 deg.57'24.4" W (Point B), thence southwesterly 
along the western boundary of the Federal navigable channel to a point 
40 deg.45'10.1" N, 073 deg.57'46.6" W (Point C), then northwesterly to 
the Manhattan riverbank at a point 40 deg.45'10.5" N, 073 deg.57'48.9" 
W (Point D), thence northeasterly along the riverbank to the place of 
beginning (Point A).
    The safety zone would protect mariners from hazards associated with 
the construction, operation and disassembly of the Outboard Detour 
Roadway and its protective fendering

[[Page 48833]]

system and would help preserve the security and integrity of those 
structures. No person would be allowed to enter or remain in the safety 
zone at any time without the permission of the Captain of the Port. 
Every person or vessel in a safety zone would be required to obey any 
direction or order of the Captain of the Port.
    The safety zone would commence on September 1, 2002, when 
construction begins on the temporary Outboard Detour Roadway. Action 
would be taken to withdraw the rule when the safety zone is no longer 
required. On the basis of information currently available to the Coast 
Guard, we project that the safety zone would be necessary until 
approximately June 2007.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT) (44 FR 11040; February 26, 1979). We expect the 
economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary.
    The effect of this proposed rule would not be significant as it 
would not prevent maritime traffic from navigating the East River, 
Western Channel. The proposed safety zone would merely prevent vessels 
from entering a relatively small area of water west of the navigable 
channel to prevent interference with the construction, operation and 
disassembly of an Outboard Detour Roadway and its protective fendering 
system.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule would affect 
the following entities, some of which might be small entities: the 
owners or operators of vessels intending to enter a small portion of 
the East River, Western Channel, during the times the proposed safety 
zone would be in effect.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because it will not prevent 
maritime traffic from navigating the East River. The proposed safety 
zone would merely prevent vessels from entering a relatively small area 
of water west of the navigable channel in order to prevent interference 
with the construction, operation and disassembly of an Outboard Detour 
Roadway and its protective fendering system.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant L.E. Martinez, 
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4193.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that this rule does not have 
implications for federalism under that Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

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.

Protection of Children

    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 does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation. This proposed rule 
fits paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant

[[Page 48834]]

energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Add a new Sec. 165.167 to read as follows:


Sec. 165.167  Safety Zone; East River Western Channel, Manhattan, NY.

    (a) Location. The waters of the East River enclosed by a line 
connecting the following boundaries are established as a safety zone: 
beginning on the Manhattan riverbank at a point 40 deg.45'35.7" N, 
073 deg.57'25.2" W (Point A), thence southeasterly to a point 
40 deg.45'34.6" N, 073 deg.57'24.4" W (Point B), thence southwesterly 
along the western boundary of the federal navigable channel to a point 
40 deg.45'10.1" N, 073 deg.57'46.6" W (Point C), then northwesterly to 
the Manhattan riverbank at a point 40 deg.45'10.5" N, 073 deg.57'48.9" 
W (Point D), thence northeasterly along the riverbank to the place of 
beginning (Point A). All coordinates are North American Datum 1983.
    (b) Regulations. The general regulations contained in Sec. 165.23 
of this part apply.

    Dated: July 18, 2002.
C.E. Bone,
Captain, Coast Guard, Captain of the Port, New York.
[FR Doc. 02-18921 Filed 7-25-02; 8:45 am]
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