[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Proposed Rules]
[Pages 71546-71549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28589]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0471]
RIN 1625-AA00


Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet, 
Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of Gerritsen Inlet surrounding the Belt Parkway 
Bridge. This proposed rule would allow the Coast Guard to prohibit all 
vessel traffic through the safety zone during bridge replacement 
operations, both planned and unforeseen, that could pose an imminent 
hazard to persons and vessels operating in the area. This rule is 
necessary to provide for the safety of life in the regulated area 
during the construction of the Bridge.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 30, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before December 20, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.

See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways 
Management Division; telephone (718) 354-4195, email 
[email protected] or Chief Craig Lapiejko, Coast Guard First 
District Waterways Management Branch, telephone (617) 223-8351, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http:[sol][sol]www.regulations.gov and will include 
any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http:[sol][sol]www.regulations.gov, or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment online, 
it will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to 
http:[sol][sol]www.regulations.gov, type the docket number [USCG-2013-
0471] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a 
Comment'' on the line associated with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to 
http:[sol][sol]www.regulations.gov, type the docket number (USCG-2013-
0471) in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket 
Folder on the line associated with this rulemaking. You may also visit 
the Docket Management Facility in Room W12-140 on the ground floor of 
the Department of Transportation West Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy

[[Page 71547]]

Act notice regarding our public dockets in the January 17, 2008, issue 
of the Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before December 20, 2013, using one of the 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

B. Regulatory History and Information

    In a letter received by the Coast Guard on May 16, 2013 the New 
York City Department of Transportation (NYC DOT) and their contractors 
outlined the first five phases of operations that require in-channel 
work in the construction and demolition of Belt Parkway Bridge. There 
is no previous regulatory action for this Bridge.

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231, 1233; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, and 
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define regulatory safety zones. This purpose of this proposed 
rulemaking is to ensure the safety of vessels and workers from hazards 
associated with the bridge construction operations in the regulated 
area.
    A navigation safety situation created by construction of the new 
Belt Parkway Bridge and removal of the current Belt Parkway Bridge 
prompted the proposed rule. This bridge carries the Shore Parkway (also 
referred to as the Belt Parkway) over Gerritsen Inlet. The current Belt 
Parkway Bridge was built in 1940 and no longer meets current federal 
and state safety standards. The New York City Department of 
Transportation (NYC DOT) has contracted China Construction U.S. and J. 
T. Cleary Inc. to construct a new fixed replacement bridge and remove 
the current fixed bridge. Construction is scheduled to begin September 
15, 2013. Scheduled completion of the new bridge and removal of the old 
bridge is 2017.
    The Coast Guard has discussed this project with NYC DOT, China 
Construction U.S., and J.T. Cleary Inc. to determine whether the 
project can be completed without channel closures and, if possible, 
what impact that would have on the project timeline. Through these 
discussions, it became clear that while the majority of construction 
activities during the span of this project would not require waterways 
closures, there are certain tasks that can only be completed in the 
channel and will require closing the waterway.
    Specifically, installed heavy steel support beams will be built on 
land, and then floated by barge to the site. These steel beams will 
then be lifted and installed in two new bridge piers that will support 
the new bridge and roadway. The current bridge and support piers will 
be dismantled into small sections and placed on a barge for removal 
from the construction site. These two processes will be complex and 
present many safety hazards including overhead crane operations, 
overhead cutting operations, potential falling debris, and barges 
positioned in the channel with a restricted ability to maneuver.
    The Coast Guard received a letter on May 16, 2013, in which the 
contractors outlined the first five phases of operations that require 
in-channel work, one of which will require two waterway closures. NYC 
DOT will notify the Coast Guard as far in advance as possible if 
additional closures are needed.

D. Discussion of Proposed Rule

    The Coast Guard's proposed rule would give the Captain of the Port 
New York (COTP) the authority to prohibit vessel traffic on this 
portion of Gerritsen Inlet when necessary for the safety of vessels and 
workers during construction work in the channel. The Coast Guard would 
close the designated area to all traffic during any circumstance, 
planned or unforeseen, that pose an imminent threat to waterway users 
or construction operations in the area. Complete waterway closures 
would be minimized to that period absolutely necessary and made with as 
much advanced notice as possible. During closures there would not be 
enough space for mariners to transit through the safety zone between 
the construction vessels and the current bridge piers. The COTP would 
cause notice of enforcement to be made by appropriate means and ensure 
the widest distribution among the affected segments of the public.
    Initial enforcement periods are currently anticipated to be from 
December 1, 2013 to February 28, 2014 and from May 1, 2014 to June 30, 
2014. The purpose of these closures is to float in steel beams for the 
new bridge piers to be installed by a floating crane barge. The crane 
barge and supply barge carrying the steel beams will take up the width 
of the channel, causing a closure of the channel. Once the barges are 
in place and the installation of the steel beams begins the barges 
cannot move out of the channel. To minimize impacts to boaters upstream 
of the bridge the contractor will only conduct these operations on 
weekdays from Monday at 6 a.m. until Friday at 7 p.m.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: Vessel traffic 
would only be restricted from the safety zone during weekdays, 
recreational boaters would still be able to transit the safety zone on 
weekends, the first closure would be during the winter months when 
recreational boating is severely limited due to local weather 
conditions, and the second closure would be early in the recreational 
boating season that traditionally begins around the Memorial Day 
weekend in late May.
    Advanced public notifications would also be made to local mariners 
through appropriate means, which may include but are not limited to the 
Local Notice to Mariners and at http://homeport.uscg.mil/newyork which 
would allow the public an opportunity to plan for these closures.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on

[[Page 71548]]

a substantial number of small entities. This rule will affect the 
following entities, some of which may be small entities: the owners or 
operators of vessels intending to enter, transit, anchor or moor 
within, or upstream of the safety zone during a vessel restriction 
period.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone will be of limited size and most waterway closures will be 
during times of reduced recreational boating traffic. The contractor 
has hired outreach consultants to ensure local interests are regularly 
notified of the project status and future impacts that can be expected. 
Additionally, before the effective period of a waterway closure, 
notifications will be made to local mariners through appropriate means.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
restricting vessel movement within a safety zone. This rule may be 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination is available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

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

    Authority:  33 U.S.C. 1231; 46 U.S.C Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0471 to read as follows:

[[Page 71549]]

Sec.  165.  T01-0471 Safety Zone; Belt Parkway Bridge Construction, 
Gerritsen Inlet, Brooklyn, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of Gerritsen Inlet: Southeast of a line from 40[deg]35'09.46'' 
N, 073[deg]54'53.92'' W to 40[deg]35'10.0'' N, 073[deg]54'44.5'' W and 
Northwest of a line from 40[deg]35'04.88'' N, 073[deg]54'45.43'' W to 
40[deg]35'10.34'' N, 073[deg]54'35.71'' W. (NAD 83)
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port New York 
(COTP), to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Enforcement Periods.
    (1) This rule is enforceable from December 1, 2013 through 
September 30, 2017.
    (2) The COTP will give notice of enforcement by appropriate means 
to inform the affected segments of the public, and such notification 
will include dates and times. Means of notification may include, but 
are not limited to, Broadcast Notice to Mariners and Local Notice to 
Mariners.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as 
the following regulations, apply.
    (2) During periods of enforcement, all persons and vessels must 
comply with all orders and directions from the COTP or the COTP's 
designated representative.
    (3) During periods of enforcement, upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light, or other means, the 
operator of the vessel must proceed as directed.

    Dated: October 23, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-28589 Filed 11-27-13; 8:45 am]
BILLING CODE 9110-04-P