[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45022-45024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16364]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0462]
RIN 1625-AA00


Safety Zone; Hudson River, South Nyack and Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters of the Hudson River within a 200-yard radius of 
the LEFT COAST LIFTER crane barge during heavy lift operations. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by heavy lift operations 
conducted by the crane barge in the vicinity of the Tappan Zee Bridge. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port.

DATES: This rule is effective without actual notice from July 12, 2016 
through December 31, 2018. For the purposes of enforcement, actual 
notice will be used from June 22, 2016 through July 12, 2016. Comments 
and related material must be received by the Coast Guard on or before 
August 11, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0462 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Kristina Pundt, Waterways Management Division, U.S. 
Coast Guard; telephone 718-354-4352, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NYSTA New York State Thruway Authority
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 NPRM with respect to this rule 
because publishing a NPRM would be impracticable. A delay or 
cancellation of the currently ongoing bridge project in order to 
accommodate a full notice and comment period would delay necessary 
operations, result in increased costs, and delay the date when the 
bridge is expected to reopen for normal operations. For these reasons, 
the Coast Guard finds it impracticable to delay this regulation for 
purposes of a comment period.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable for the same reasons specified 
above.

[[Page 45023]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that the potential hazards associated 
with the LEFT COAST LIFTER's cable and anchor system create a serious 
safety concern for anyone transiting within a 200-yard radius of the 
LEFT COAST LIFTER during heavy lift operations. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while constructing the New NY Bridge and 
demolishing the existing Tappan Zee Bridge.
    Construction on the Tappan Zee Bridge replacement project began on 
October 1, 2013. Heavy lift operations to install the new bridge 
superstructure over the Hudson River have presented new safety hazards 
and risks to vessels transiting the area due to the Left Coast Lifter's 
crane barge four-point anchor and cable system deployed while lifting 
heavy loads over the navigable waters of the Hudson River. The anchor 
and cable system extends outward from the crane barge, up to 200 yards, 
in four varying directions, at various heights above, and below, the 
water surface of the Hudson River. This presents a risk to mariners who 
may become entangled in the anchor cable system if they transit too 
close to the crane barge. We believe that a safety zone is needed to 
protect mariners during this period of construction.

IV. Discussion of the Rule

    This rule establishes a safety zone from June 22, 2016, through 
December 31, 2018. The safety zone will cover all navigable waters of 
the Hudson River within 200 yards of the crane barge LEFT COAST LIFTER. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters during heavy lift 
operations. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The implementation of this 
temporary safety zone is necessary for the protection of all waterway 
users. The size of the zone is the minimum necessary to provide 
adequate protection for the waterway users, adjoining areas, and the 
public. Vessel traffic will be able to safely transit around this 
safety zone. Any hardships experienced by persons or vessels are 
considered minimal compared to the interest in protecting the public.

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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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

[[Page 45024]]

Management Directive 023-01 and Commandant Instruction M16475.lD, 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 that will prohibit entry within 200 yards 
of the crane barge LEFT COAST LIFTER during heavy lift operations. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination will be 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 rule.

G. 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 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. 1231; 50 U.S.C. 191; 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.T01-0462 to read as follows:


Sec.  165.T01-0462  Safety Zone; Tappan Zee Bridge Construction 
Project, Hudson River, South Nyack and Tarrytown, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters within 200 yards of the crane barge LEFT COAST LIFTER while 
conducting heavy lift operations on the Hudson River.
    (b) Definitions. As used in this section, designated representative 
means is any Coast Guard commissioned, warrant or petty officer who has 
been designated by the COTP to act on the COTP's behalf. The designated 
representative may be on a Coast Guard vessel or New York State Police, 
Westchester County Police, Rockland County Police, or other designated 
craft; or may be on shore and will communicate with vessels via VHF-FM 
radio or loudhailer. Members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (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 a COTP 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM channel 16 or by phone at (718) 354-4353 
(Sector New York Command Center). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or a 
COTP designated representative.
    (d) Enforcement period. This section will be enforced from June 22, 
2016 through December 31, 2018.

    Dated: June 22, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-16364 Filed 7-11-16; 8:45 am]
 BILLING CODE 9110-04-P