21436 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

§ 165.1336 Regulated Navigation Area; 

Pacific Sound Resources and Lockheed 

Shipyard Superfund Sites, Elliott Bay, 

Seattle, WA. 

(a) Regulated Areas. The following 

areas are regulated navigation areas: 

(1) All waters inside an area 

beginning at a point on the shore at 

47°35′ 02.7′′ N 122°22′23.00′′ W; thence 

north to 47°35′26.00′′ N 122°22′23.00′′ 

W; thence east to 47°35′26.00′′ N 

122°21′52.50′′ W; thence south to 

47°35′10.80′′ N 122°21′52.50′′ W; thence 

southwest to a point on the shoreline at 

47°35′05.9′′ N 122°21′58.00′′ W. [Datum: 

NAD 1983]. 

(2) All waters inside an area 

beginning at 47°34′ 52.16′′ N 

122°21′27.11′′ W; thence to 47°34′ 

53.46′′ N 122°21′30.42′′ W; thence to 

47°34′ 37.92′′ N 122°21′30.51′′ W; thence 

to 47°34′ 37.92′′ N 122°21′27.65′′ W. 

[Datum: NAD 1983]. 

(b) Regulations. (1) All vessels and 

persons are prohibited from activities 

that would disturb the seabed, such as 

anchoring, dragging, trawling, spudding, 

or other activities that involve 

disrupting the integrity of the sediment 

caps installed in the designated 

regulated navigation area, pursuant to 

the remediation efforts of the U.S. 

Environmental Protection Agency (EPA) 

and others in the Pacific Sound 

Resources and Lockheed Shipyard EPA 

superfund sites. Vessels may otherwise 

transit or navigate within this area 

without reservation. 

(2) The prohibition described in 

paragraph (b)(1) of this section does not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the superfund sites, provided 

that the Captain of the Port, Puget 

Sound (COTP), is given advance notice 

of those activities by the EPA. 

(3) Nothing in this section is intended 

to conflict with treaty fishing rights of 

the Muckleshoot and Suquamish tribes, 

and they are not restricted from any 

type of fishing in the described area. 

(c) Waivers. Upon written request 

stating the need and proposed 

conditions of the waiver, and any 

proposed precautionary measures, the 

COTP may authorize a waiver from this 

section if the COTP determines that the 

activity for which the waiver is sought 

can take place without undue risk to the 

remediation efforts described in 

paragraph (b)(1) of this section. The 

COTP will consult with EPA in making 

this determination when necessary and 

practicable. 

Dated: March 25, 2012. 

K.A. Taylor, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2012–8545 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0263] 

RIN 1625–AA00 

Safety Zone, East River, Brooklyn 

Bridge Scaffolding Repair, Brooklyn, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the East River, 

in the vicinity of the Brooklyn Bridge. 

This action is necessary to provide for 

the safety of life and property on the 

navigable waters during emergency 

repairs to stabilize and remove the 

damaged scaffolding under the eastern 

span of the bridge. This rule is intended 

to restrict all vessels from a portion of 

the East River during the repair and 

removal of the damaged scaffolding. 

DATES: This rule is effective from March 

27, 2012 until April 30, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0263 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0263 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Lieutenant William 

George, Coast Guard; telephone (718) 

354–4114, email 

William.J.George@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is necessary to ensure 

the safety of mariners and vessels 

intending to transit on the East River in 

the vicinity of the Brooklyn Bridge 

where damaged corrugated metal 

scaffoldings and loosely hanging cables 

pose a potential hazard to navigation. 

Temporary repairs of the damaged 

section of the scaffolding are currently 

ongoing. The removal of the scaffolding 

is expected to take approximately three 

to four weeks. During this period falling 

debris may pose an imminent danger to 

the safety of the vessels and their 

occupants transiting the East River in 

the vicinity of the Brooklyn Bridge. 

Therefore, a temporary safety zone to 

protect transiting mariners and vessels 

from this hazard is needed immediately. 

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. The Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication because to do otherwise 

would be contrary to the public interest 

since immediate action is required to 

protect mariners and vessels transiting 

under the bridge while workers conduct 

emergency repairs and removal of the 

damaged scaffolding. 

Basis and Purpose 

The legal basis for this rule is 

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; Public 

Law 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1. 

On March 14, 2012 the Coast Guard 

received a report that a crane barge 

struck the scaffolding under the eastern 

span of the Brooklyn Bridge. As a result 

of the allision the corrugated metal 

panels that make up the scaffolding 

structure were damaged and some of the 

cables that supported the scaffolding 

were broken and are loosely hanging 


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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 21437 

approximately 15 feet from the bottom 

of the bridge, effectively reducing the 

vertical clearance of the bridge. As a 

result of the decreased clearance, Vessel 

Traffic Service New York implemented 

a temporary measure restricting vessels 

with an air draft greater than 90 feet 

from transiting under the Brooklyn 

Bridge. 

During a meeting with New York City 

Office of Emergency Management the 

Coast Guard was advised that some of 

the corrugated metal scaffolding panels 

that were struck and damaged were not 

properly secured and may pose a hazard 

to vessels intending to transit under that 

portion of the Brooklyn Bridge. The 

Coast Guard and New York Police 

Department Harbor Unit began advising 

vessels to transit around the impacted 

area. New York City Office of 

Emergency Management on behalf of the 

Unified Command requested that the 

Coast Guard establish a temporary safety 

zone to restrict vessels from transiting 

under the eastern portion of the 

Brooklyn Bridge until emergency 

temporary repairs and removal of the 

scaffolding and cables have been 

completed. 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and their occupants during the 

emergency repairs and removal of the 

scaffolding under the bridge. The 

Captain of the Port New York (COTP) 

has determined that establishing a 

temporary safety zone to restrict vessels 

from transiting on the East River under 

the eastern portion of the Brooklyn 

Bridge where scaffolding are being 

repaired or removed will help ensure 

the safety of persons and property and 

help minimize the associated risks 

associated with the emergency repair 

work. 

Discussion of Rule 

The COTP is establishing a temporary 

safety zone to ensure the safety of 

mariners, passengers, and vessels during 

the emergency repair and removal work 

necessary to stabilize the damaged 

scaffolding on the Brooklyn Bridge. 

The safety zone will encompass all 

waters of the East River directly below 

the scaffolding under the eastern 

portion of the bridge, from the 

centerline of the bridge to the tower on 

the Brooklyn side. The safety zone will 

encompass the navigable waters within 

a 270 yards by 50 yards area on the 

eastern side of the East River directly 

below the east span of the Brooklyn 

Bridge. All persons and vessels shall 

comply with the instructions of the 

COTP or the designated representative. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the COTP New 

York or the designated representative. 

The COTP or the designated 

representative may be contacted via 

VHF Channel 16. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, as 

supplemented by Executive order 

13563, 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. 

This determination is based on the 

fact that a temporary safety zone will 

restrict access to a small portion of the 

navigable waterways of the East River. 

Vessels will be able to navigate around 

the safety zone. Furthermore, vessels 

may be authorized to transit through the 

temporary safety zone with the 

permission of the COTP or the 

designated representative. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

a small portion of the East River during 

the effective period. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reason: Vessel traffic can 

pass safely around the safety zone. 

Before the effective period, we will 

issue maritime advisories widely 

available to users of the waterway. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

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 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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. 

Taking of Private Property 

This rule will 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. 


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21438 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

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 

We have 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 create 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 

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 

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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this 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 concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishment of a temporary 

safety zone on the waters of the East 

River in the vicinity of Brooklyn Bridge. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be 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, and 

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; 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0223 to read as 

follows: 

§ 165.T01–0223 Safety Zone; East River, 

Brooklyn Bridge Scaffolding Repair, 

Brooklyn, NY. 

(a) Regulated area. The following area 

is a temporary safety zone: All waters of 

the East River within the area bounded 

by a line drawn from the following 

approximate position 40°42′14.727′′ N, 

073°59′41.094′′ W; thence west to 

approximate position 40°42′20.648′′ N, 

073°59′48.466′′ W; thence north to 

approximate position 40°42′21.672′′ N, 

073°59′47.050′′ W; thence east to 

approximate position 40°42′15.825′′ N, 

073°59′39.728′′ W; then along the 

shoreline and back to the point of origin 

(NAD 83). 

(b) Enforcement period. This rule is 

effective from March 27, 2012 until 

April 30, 2012. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply as well as the following 

regulations. 

(d) 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 COTP, Sector 

New York 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. 

(e) Vessel operators desiring to enter 

or operate within the regulated areas 

shall contact the COTP or the 

designated representative via VHF 

channel 16 or 718–354–4353 (Sector 

New York Command Center) to obtain 

permission to do so. 

(f) The COTP or the designated 

representative may delay or terminate 

this demolition at any time it is deemed 

necessary to ensure the safety of life or 

property. All persons and vessels in the 

regulated area shall comply with the 

instructions of the COTP New York or 

the designated representative. 

Representatives 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: March 27, 2012. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Captain of 

the Port New York. 

[FR Doc. 2012–8536 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 


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