[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Rules and Regulations]
[Pages 9948-9949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4648]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-097]
RIN 1625-AA00


Safety Zone; Paerdegat Basin, Belt Parkway Bridge Emergency 
Repairs, Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 50 
yards upstream and downstream of the Belt Parkway Bridge within 
Paerdegat Basin to aid completion of the Belt Parkway Bridge emergency 
repairs in Brooklyn, NY. This action is necessary to protect the 
maritime public from the hazards posed by the emergency repair efforts. 
The safety zone prohibits immediate entry into this portion of the 
Paerdegat Basin during the intermittent closure enforcement period.

DATES: This rule is effective from 8 a.m. on February 23, 2004 through 
8 p.m. on March 26, 2004.

ADDRESSES: Documents indicated in this preamble are available in the 
docket are part of docket CGD01-03-097 and are available for inspection 
or copying at Waterways Oversight Branch, Coast Guard Activities New 
York, 212 Coast Guard Drive, room 203, Staten Island, NY 10305 between 
8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4191.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this rule. Good cause exists for not publishing 
an NPRM and for making this regulation effective in less than 30 days 
after Federal Register publication. It has come to the attention of the 
Coast Guard that vessels cannot safely pass the barge that is to 
conduct fendering repairs on the Belt Parkway Bridge. Repairs on the 
bridge fendering are scheduled to begin by February 2, 2004. Therefore, 
in order to ensure safe passage of vessels through the Belt Parkway 
Bridge, this regulation needs to be effective less than 30 days after 
publication in the Federal Register.
    The Belt Parkway Bridge repairs were determined necessary as a 
result of a recent bridge allision. Waterway closures in the vicinity 
of and beneath the bridge are needed because repair equipment and 
construction materials will be in the vicinity of the bridge. Delaying 
this work for sufficient time to conduct a public notice rulemaking and 
advanced publication would be contrary to the public interest for 
safety purposes.

Background and Purpose

    This rule is necessary to ensure the continued safe navigation 
under and through the Belt Parkway Bridge during fender repair 
operations. While repair operations are underway, a working barge will 
dramatically limit the ability of vessels to transit the waterway. 
However, the working barge will move on demand given one-hour notice by 
way of VHF CH 13.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic due to this emergency repair work given the above 
schedule and ability to pass with notice.

Discussion of Rule

    This rule establishes a safety zone on all waters of Paerdegat 
Basin 50-yards upstream and downstream of the Belt Parkway Bridge. The 
safety zone is in effect between 8 a.m. on February 23, 2004 through 
March 26, 2004 at 8 p.m. At all times, mariners can safely transit 
into, and out of, Paerdegat Basin, through the Belt Parkway Bridge, 
when a minimum of one-hour advance notice is given to the onscene 
vessel operator on VHF CH 13 between 7 a.m. and 3:30 p.m. Monday 
through Friday. The area will be opened for vessel transits after the 
stated working hours and on weekends. Public notifications will be made 
prior to the effective period via the Local Notice to Mariners, Marine 
Information and electronic mail Broadcasts, and on the Internet at 
http://www.harborops.com.

Regulatory Evaluation

    This 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 Homeland 
Security (DHS).
    This finding is based on the following: Mariners utilizing 
Paerdegat Basin were notified of this closure and the one-hour delay of 
passage. Mariners held no objection based on the fact that they can 
safely transit into, and out of, Paerdegat Basin when a minimum of one-
hour advance notice is given to the onscene vessel operator between 7 
a.m. and 3:30 p.m. Monday through Friday during the brief repair 
period. Also, the area will be opened for vessel transits after working 
hours and on weekends. The local maritime community and public will be 
notified in advance of any work with regard to the closures by way the 
Local Notice to Mariners, marine information and electronic mail 
broadcasts; and on the internet at http://www.harborops.com.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the affected waterway during the time 
this zone is enforced.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for reasons enumerated under the 
``Regulatory Evaluation'' section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary rule so that we 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 Commander W. Morton, 
Waterways

[[Page 9949]]

Oversight Branch, Coast Guard Activities New York at (718) 354-4191.
    Small business 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 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).

Collection of Information

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

Federalism

    The Coast Guard analyzed this rule under Executive Order 13132, 
Federalism, and has determined that this rule does not have 
implications for federalism under that Order.

Unfunded Mandates Reform Act

    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 rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect 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 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

    The Coast Guard analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
pose 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, 
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.

Energy Effects

    The Coast Guard 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 
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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. From 8 a.m. on February 23, 2004, through 8 p.m. on March 26, 2004, 
add temporary Sec.  165.T01-097 to read as follows:


Sec.  165.T01-097  Safety Zone: Paerdegat Basin, Belt Parkway Bridge 
Repairs, Brooklyn, NY.

    (a) Location. The following area is a safety zone: All waters of 
Paerdegat Basin 50-yards upstream and downstream of the Belt Parkway 
Bridge, Brooklyn, NY.
    (b) Effective Period. This section is effective between 8 a.m. on 
February 23, 2004 and 8 p.m. on March 26, 2004.
    (c) Regulations. (1) The general regulations in 33 CFR 165.23 
apply.
    (2) At all times, mariners can safely transit into, and out of, 
Paerdegat Basin when a minimum of one-hour advance notice is given to 
the onscene vessel operator between 7 a.m. and 3:30 p.m. Monday through 
Friday. The onscene vessel operator may be reach by way of VHF CH 13. 
The area will be opened for vessel transits after the working hours of 
7 a.m. and 3:30 p.m. and on weekends.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port or the designated on-scene patrol personnel. 
These personnel comprise commissioned, warrant, and petty officers of 
the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.

    Dated: February 23, 2004.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 04-4648 Filed 3-2-04; 8:45 am]
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