Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29007 

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 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 

Management Directive 023–01 and 

Commandant Instruction M16475.1D, 

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 of limited size and duration. It is 

categorically excluded from further 

review under Categorical Exclusion 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

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. 

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 

■ 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 

■ 2. Add § 165.T11–928 to read as 

follows: 

§ 165.T11–928 Safety Zone; San Francisco 

Giants Fireworks Display, San Francisco 

Bay, San Francisco, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

San Francisco Bay within 100 feet of the 

fireworks barge during loading at Pier 

50, as well as transit and arrival near 

AT&T Park in San Francisco, CA. From 

11:00 a.m. until approximately 5:00 

p.m. on June 22, 2018, the fireworks 

barge will be loading at Pier 50 in San 

Francisco, CA. The safety zone will 

expand to all navigable waters around 

and under the firework barge within a 

radius of 700 feet in approximate 

position 37°46′36′′ N, 122°22′56′′ W 

(NAD 83), 30 minutes prior to the start 

of the 15 minute fireworks display, 

scheduled to begin at 10:00 p.m. on June 

22, 2018. 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced from 11:00 a.m. 

until approximately 10:45 p.m. June 22, 

2018. The Captain of the Port San 

Francisco (COTP) will notify the 

maritime community of periods during 

which these zones will be enforced via 

Broadcast Notice to Mariners in 

accordance with § 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in subpart C of this part, 

entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or the 

COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zones on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: June 18, 2018. 

Anthony J. Ceraolo, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. 2018–13421 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0523] 

RIN 1625–AA00; 1625–AA11 

Regulated Navigation Area and Safety 

Zone, Harlem River and Hudson River, 

Manhattan, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 


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29008 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

SUMMARY: The Coast Guard is 

establishing a temporary regulated 

navigation area and safety zone for 

waters of the Harlem and Hudson Rivers 

in the vicinity of the Amtrak Spuyten 

Duyvil Railroad Bridge at mile 7.9 over 

the Harlem River. The regulated 

navigation area and safety zone are 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the removal 

and reinstallation of the swing span 

portion of the Spuyten Duyvil Railroad 

Bridge. During heavy lift operations this 

regulated navigation area will establish 

speed restrictions on vessels transiting 

the Hudson River to eliminate vessel 

wake. During heavy lift operations entry 

of vessel or persons into this safety zone 

is prohibited unless specifically 

authorized by the First District 

Commander or a designated 

representative. 

DATES: This rule is effective without 

actual notice from June 22, 2018 

through September 30, 2018. For the 

purposes of enforcement, actual notice 

will be used from June 12, 2018 through 

June 22, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0523 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. Craig Lapiejko, Waterways 

Management, First Coast Guard District; 

telephone (617) 223–8351, email 

Craig.D.Lapiejko@uscg.mil. You may 

also call or email Mr. Jeff Yunker, 

Waterways Management Division, U.S. 

Coast Guard Sector New York, 

telephone (718) 354–4195, email 

Jeff.M.Yunker@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

LNM Local Notice to Mariners 

NPRM Notice of proposed rulemaking 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 1, 2018, Amtrak sent the U.S. 

Coast Guard a letter describing work it 

would be conducting to remove and 

replace the moveable portion of the 

Spuyten Duyvil Railroad Bridge over the 

Harlem River at mile 7.9. On May 7, 

2018, the U.S. Coast Guard District One 

Bridge Administration notified Amtrak, 

the bridge owner, that it had no 

objections to the proposed project. 

From May 27 to September 29, 2018, 

Amtrak will be repairing the Spuyten 

Duyvil Railroad Bridge. This repair 

project includes the removal and 

reinstallation of the swing span of the 

bridge. 

During the removal of the swing span 

a crane barge and support vessels will 

be staged near the bridge. The swing 

span will be lifted from the bridge by a 

heavy lift crane barge and then secured 

to another barge. The barge with the 

swing span will then be towed away 

and moored west of the bridge, in the 

Hudson River. These operations, from 

preparing for the removal of the swing 

span, removing and securing the swing 

span to the waiting barge, to mooring 

the barge with the secured swing span 

in the Hudson River, will take 

approximately 72 hours. Amtrak 

anticipates this work will be conducted 

over a three-day period between June 12 

and June 17, 2018. 

During the reinstallation of the swing 

span a barge and support vessels will 

again be staged near the bridge. The 

swing span will be lifted from a support 

barge by a heavy lift crane barge and 

reinstalled. The preparation for and 

reinstallation of the swing span will 

take approximately 72 hours. Amtrak 

anticipates this work will be conducted 

over a three-day period between July 15 

and July 28, 2018. 

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)(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 

schedule for the removal and 

reinstallation of the swing span was 

only recently finalized and provided to 

the Coast Guard, and timely action is 

needed to respond to the potential 

safety hazards associated with this 

bridge project. The schedule for the 

repairs and notification to the Coast 

Guard was delayed by the late 

finalization of project details, including 

coordinating the two heavy lift 

operations with the schedules of known 

waterway users, and writing a 

Maintenance of Waterway Traffic Plan. 

It is impracticable and contrary to the 

public interest to publish an NPRM 

because we must establish this RNA and 

safety zone by June 12, 2018, to allow 

for timely repairs to the bridge’s swing 

span and promote the safety of the 

public. 

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 and 

contrary to the public interest because 

timely action is needed to respond to 

the potential safety hazards associated 

with repairs to the swing span of the 

bridge. 

III. Legal Authority and Need for Rule 

The First District Commander has 

determined that potential hazards 

associated with the bridge swing span 

removal and reinstallation will be a 

safety concern for anyone within 

approximately 300 yards of the center of 

the Spuyten Duyvil Railroad Bridge. 

The RNA and safety zone are needed to 

ensure the safety of personnel, vessels, 

and the marine environment from 

hazards associated with the removal and 

replacement of Spuyten Duyvil Railroad 

Bridge. The Coast Guard anticipates that 

crane lifting operations may create the 

potential for falling debris into the 

waterway. The RNA is needed to limit 

vessel speed and wake of all vessels 

operating in the Hudson River in the 

vicinity to minimize the unexpected or 

uncontrolled movement of water. 

Construction operations utilizing a 

crane barge are sensitive to water 

movement and wake from passing 

vessels could pose significant risk of 

injury or death to construction workers. 

IV. Discussion of the Rule 

This rule establishes a RNA and safety 

zone from noon on Monday, June 12, 

2018, to 11:59 p.m. on Sunday, 

September 30, 2018. 

The RNA covers all waters of the 

Hudson River, approximately 500 yards 

upstream, and downstream, of the 

Spuyten Duyvil Railroad Bridge from 

surface to bottom bound by the 

following approximate positions starting 

south of a line drawn from 40°53′15.67′′ 

N, 073°56′29.22′′ W, thence to 

40°52′56.48′′ N, 073°55′21.57′′ W, and 

all waters north of a line drawn from 

40°52′47.97′′ N, 073°56′42.85′′ W, thence 

to 40°52′31.58′′ N, 073°55′45.06′′ W 

(NAD 83), excluding the portion of the 

safety zone surrounding the Spuyten 

Duyvil Railroad Bridge as discussed in 

the following paragraph. 

The safety zone covers all waters of 

the Hudson River and Harlem River 


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within approximately 300 yards of the 

center of the Spuyten Duyvil Railroad 

Bridge, from surface to bottom, bound 

by the following approximate positions 

starting on the Manhattan side of 

Spuyten Duyvil Railroad Bridge with 

position 40°52′38.20′′ N, 073°55′36.70′′ 

W, thence to 40°52′39.96′′ N, 

073°55′43.75′′ W, thence to 40°52′46.34′′ 

N, 073°55′36.90′′ W, thence to 

40°52′43.98′′ N, 073°55′29.83′′ W, thence 

along the Bronx shoreline to the Henry 

Hudson Bridge at mile 7.2 of the Harlem 

River, thence south across the Harlem 

River following along the Henry Hudson 

Bridge to the Manhattan side, thence 

along the Manhattan shoreline to the 

point of origin (NAD 83). For 

illustrations of the RNA and the safety 

zone, please refer to the docket. 

During operations involving the 

removal and reinstallation of the swing 

span a safety zone will prohibit the 

transit of vessels in the Hudson River 

and Harlem River within approximately 

300 yards of the center of the Spuyten 

Duyvil Railroad Bridge. This safety zone 

will protect personnel, vessels, and the 

marine environment from potential 

hazards created by the Spuyten Duyvil 

Railroad Bridge swing span removal and 

reinstallation project. 

Additionally, during the removal and 

reinstallation of the swing span all 

vessels transiting the Hudson River 

within the regulated navigation area 

(RNA) will be required to follow a 

‘‘Slow-No Wake’’ speed limit. When this 

RNA is enforced, no vessel may produce 

a wake nor attain speeds greater than 

five (5) knots unless a higher minimum 

speed is necessary to maintain bare 

steerageway. The heavy lift operations 

involving the removal and reinstallation 

of the bridge swing span are currently 

scheduled to take place in June and July 

2018. The Coast Guard is publishing 

this rule to be effective, and enforceable, 

through September 30, 2018, in case the 

project is delayed due to unforeseen 

circumstances. 

We anticipate enforcing the RNA and 

safety zone during the two periods of 

heavy lift operations, one occurring 

between June 12 and approximately 

June 17, 2018 and the other between 

approximately July 15 and July 28, 

2018. The RNA and safety zone is 

expected to be enforced for 

approximately two 72-hour periods 

when vessels are preparing for, and 

conducting, the swing span removal and 

reinstallation operations. The duration 

of enforcement for both the RNA and 

safety zone is intended to protect 

personnel, vessels, and the marine 

environment in these waters while the 

bridge span is being removed and 

reinstalled. During the enforcement 

periods, all vessels and persons must 

obtain permission from the First District 

Commander or a designated 

representative before entering the safety 

zone. 

The Coast Guard will notify the 

public and local mariners of this RNA 

and safety zone through the Local 

Notice to Mariners (LNM) and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 in advance of any 

enforcement period. The regulatory text 

we are enforcing appears at the end of 

this document. 

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 following reasons: (1) 

The RNA and safety zone only impact 

a small designated area of the Harlem 

and Hudson Rivers; (2) the RNA and 

safety zone will only be enforced during 

heavy lift operations tentatively 

scheduled to occur between June 12–17, 

2018, for the swing span removal, and 

between July 15–28, 2018, for the swing 

span reinstallation; (3) persons or 

vessels may transit the RNA at any time, 

subject to a speed restriction during any 

periods of enforcement; (4) persons or 

vessels desiring to enter the safety zone 

may do so when the heavy lift 

operations are not in progress; (5) the 

Coast Guard previously published the 

approximate project dates in the LNM 

#18–2018 dated May 2, 2018, LNM #19– 

2018 dated May 9, 2018, LNM #20–2018 

dated May 17, 2018, LNM #21–2018 

dated May 23, 2018, LNM #22 dated 

May 30, 2018, and also requested 

impacted mariners to contact the 

contractor to discuss their schedules 

and receive email schedule updates; (6) 

the contractor contacted known 

waterway users to discuss the project 

and waterway impacts. Although the 

heavy lift operations will result in two 

periods of enforcement of a safety zone, 

closing the Harlem River in the vicinity 

of the Spuyten Duyvil Railroad Bridge, 

these operations are scheduled to 

accommodate sight-seeing vessels and 

marine events to the greatest extent 

possible. 

The Coast Guard will also notify the 

public of the enforcement of this rule 

via appropriate means, such as the LNM 

and Broadcast Notice to Mariners. 

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 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. 


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29010 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

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 

Directive 023–01 and Commandant 

Instruction M16475.1D, 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 the 

creation of an RNA and a safety zone, 

both of which are expected to be 

enforced for two periods each lasting 

approximately 72 hours. The RNA is 

will restrict the speed of vessels 

transiting the Hudson River within 

approximately 500 yards upstream and 

downstream of the Spuyten Duyvil 

Railroad Bridge while heavy lift 

operations are conducted. The safety 

zone will prohibit vessels on the 

Hudson and Harlem Rivers from coming 

within approximately 300 yards of the 

center of the Spuyten Duyvil Railroad 

Bridge during heavy lift operations. 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. 01. A 

Record of Environmental Consideration 

supporting this determination will be 

available in the docket where indicated 

under ADDRESSES. 

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. 

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 

■ 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. 

■ 2. Add § 165.T01–0523 to read as 

follows: 

§ 165.T01–0523 Regulated navigation area 

and safety zone; Harlem River and Hudson 

River, Manhattan, NY. 

(a) Location—(1) Regulated navigation 

area. The following is a regulated 

navigation area: All waters of the 

Hudson River, approximately 500 yards 

upstream, and downstream, of the 

Spuyten Duyvil Railroad Bridge from 

surface to bottom starting south of a line 

drawn from 40°53′15.67′′ N, 

073°56′29.22′′ W, thence to 40°52′56.48′′ 

N, 073°55′21.57′′ W, and all waters 

north of a line drawn from 40°52′47.97′′ 

N, 073°56′42.85′′ W, thence to 

40°52′31.58′′ N, 073°55′45.06′′ W (NAD 

83), excluding the portion of the safety 

zone surrounding the Spuyten Duyvil 

Railroad Bridge as described in 

paragraph (a)(2) of this section. 

(2) Safety zone. The following is a 

safety zone: All waters of the Hudson 

River and Harlem River within 

approximately 300 yards of the center of 

the Spuyten Duyvil Railroad Bridge, 

from surface to bottom, bound by the 

following approximate positions starting 

on the Manhattan side of Spuyten 

Duyvil Railroad Bridge with position 

40°52′38.20′′ N, 073°55′36.70′′ W, thence 

to 40°52′39.96′′ N, 073°55′43.75′′ W, 

thence to 40°52′46.34′′ N, 073°55′36.90′′ 

W, thence to 40°52′43.98′′ N, 

073°55′29.83′′ W, thence along the 

Bronx shoreline to the Henry Hudson 

Bridge at mile 7.2 of the Harlem River, 

thence south across the Harlem River 

following along the Henry Hudson 

Bridge to the Manhattan side, thence 

along the Manhattan shoreline to the 

point of origin (NAD 83). 

(b) Definitions. As used in this 

section, a designated representative of 

the First District Commander is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the First District Commander to act 

on his or her behalf. A designated 

representative may be on a Coast Guard 

vessel, other designated craft, or on 

shore and communicating with vessels 

via VHF–FM radio, loudhailer, or by 

phone. Members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of the regulations in 

this section. 

(c) Regulations—(1) Regulated 

navigation area. (i) The general 

regulations contained in 33 CFR 165.13 

apply. 

(ii) During periods of enforcement, 

entry and movement within the RNA is 

subject to a ‘‘Slow-No Wake’’ speed 

limit. No vessel may produce a wake 

nor attain speeds greater than five (5) 

knots unless a higher minimum speed is 

necessary to maintain bare steerageway. 

(iii) During periods of enforcement, 

any vessel transiting within this RNA 

must comply with all directions given to 

them by the First District Commander or 

the First District Commander’s 

designated representative. 

(2) Safety zone. (i) The general 

regulations in 33 CFR 165.23 apply. 

(ii) Entry into, anchoring, loitering, or 

movement within the safety zone is 

prohibited during any periods of 

enforcement, including preparations for 

the heavy lift operations, the heavy lift 

operations, and necessary follow-on 

actions. This prohibition does not apply 

to vessels authorized to be within the 

zone by the District Commander or the 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29011 

District Commander‘s designated 

representative. 

(iii) During periods of enforcement, 

any vessel or person transiting through 

the safety zone must comply with all 

orders and directions from the District 

Commander or the District 

Commander’s designated representative. 

(d) Enforcement periods. This section 

will be subject to enforcement from 

noon on June 12, 2018, to 11:59 p.m. on 

June 17, 2018; from 6 a.m. on July 15, 

2018, to 11:59 p.m. on July 28, 2018, 

and at other times during the effective 

period of this rule when the COTP New 

York issues a notice of enforcement to 

be published in the Federal Register. In 

addition the COTP New York will 

provide notice by Broadcast Notice to 

Mariners, Local Notice to Mariners, or 

both, to announce whenever this section 

is subject to enforcement or whenever 

an announced enforcement period will 

be suspended. Violations of this 

regulation may be reported to the COTP 

New York at (718) 354–4353 or on VHFChannel 16. 

Dated: June 12, 2018. 

A.J. Tiongson, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2018–13441 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0531] 

RIN 1625–AA00 

Safety Zone; Unexploded Ordnance 

Detonation, Gulf of Mexico, 

Pensacola, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the Gulf of 

Mexico near Fort Pickens in Pensacola, 

FL. This temporary safety zone is 

necessary to protect persons, vessels, 

and the marine environment from 

potential hazards associated with the 

detonation of unexploded ordnance. 

Entry into this zone is prohibited to all 

vessels and persons unless authorized 

by the Captain of the Port Sector Mobile 

or a designated representative. 

DATES: This rule is effective without 

actual notice from June 22, 2018 

through June 30, 2018. For purposes of 

enforcement, actual notice will be used 

from June 14, 2018 through June 22, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0531 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 Lieutenant Kyle D. Berry, Sector 

Mobile Waterways Management 

Division, U.S. Coast Guard; telephone 

251–441–5940, email Kyle.D.Berry@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Mobile 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest. It is impracticable to publish an 

NPRM because we must enforce this 

safety zone starting June 14, 2018 and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. It is also contrary to the public 

interest as it would delay the safety 

measures necessary to protect persons, 

vessels, and the marine environment 

from the potential hazards associated 

with the detonation of unexploded 

ordnance. 

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 is contrary to public interest 

because it would delay the safety 

measures necessary to protect persons, 

vessels, and the marine environment 

from the potential hazards associated 

with the detonation of unexploded 

ordnance. 

The United States Army Corps of 

Engineers is conducting a Remedial 

Investigation/Feasibility Study for the 

Fort Pickens Munitions Response Site 

01—Range Complex, located in 

Escambia County, Florida. The site, 

which is located along the western tip 

of Santa Rosa Island and extends south 

into the Gulf of Mexico, was used for 

coastal defense from before the Civil 

War until after World War II. There is 

a potential that the marine investigation 

may encounter munitions that will 

require in-water detonation to address 

potential explosive hazards. The safety 

zone will encompass a 1,000 yard 

square area detonation area surrounded 

by a 1,200 yard buffer area. The United 

States Army Corps of Engineers will be 

responsible for the detonation of 

ordnance within the safety zone. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Sector Mobile 

(COTP) has determined that potential 

hazards associated with the detonation 

of unexploded ordnance beginning on 

June 14, 2018 will be a safety concern 

for any vessels or persons on the Gulf 

of Mexico near Fort Pickens in 

Pensacola, FL. This rule is necessary to 

protect persons, vessels, and the marine 

environment from the potential hazards 

associated with the detonation of 

unexploded ordnance. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from June 14, 2018 through 

June 30, 2018. The safety zone will 

cover all navigable waters of the Gulf of 

Mexico within the approximate 

positions 30°17′47.65′′ N, 87°21′36.5′′ W; 

30°17′47.65′′ N, 87°19′39.8′′ W; 

30°16′6.35′′ N, 87°19′39.8′′ W; and 

30°16′6.35′′ N, 87°21′36.5′′ W near Fort 

Pickens in Pensacola, FL. The safety 

zone will encompass a 1,000 yard 

square area detonation area surrounded 

by a 1,200 yard buffer area. A chart 

depicting the area is included in the 

docket where indicated under 

ADDRESSES. 

The duration of this safety zone is 

intended to protect persons, vessels, and 

the marine environment, and will only 

be enforced if and when the detonation 

of unexploded ordnance is necessary. 

No person or vessel will be permitted to 

enter or transit within the safety zone 

during periods of enforcement unless 

authorized by the COTP or a designated 

representative. The periods of 


daltland on DSKBBV9HB2PROD with RULES