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[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Rules and Regulations]
[Pages 95720-95722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28295]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0956]
RIN 1625-AA00

Safety Zone; Glen Island Approach Bridge, Long Island Sound, New 
Rochelle, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of Long Island Sound in the vicinity of the Glen Island 
Approach Bridge, New Rochelle, NY, for construction vessels and 
machinery involved in the rehabilitation project of the bridge. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards associated with the bridge 
construction between December 2, 2024, through May 27, 2027. When 
enforced, this regulation prohibits persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port New York 
or a designated representative.

DATES: This rule is effective without notice from December 3, 2024, 
through 5 p.m. on May 27, 2027. For the purposes of enforcement, actual 
notice will be used from midnight on December 2, 2024, until December 
3, 2024. This rule will only be enforced during periods when 
construction operations at the bridge are in progress.
    Comments and related material must be received by the Coast Guard 
on or before March 3, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0956 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Jeffrey Yunker, Waterways Management Division, U.S. Coast 
Guard Sector New York; telephone 718-354-4195, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 26, 2024, the Westchester County Department of Public 
Works and Transportation notified the U.S. Coast Guard of the Glen 
Island Bridge rehabilitation project and the need for waterway closures 
on the Long Island Sound. This project will establish a temporary 
bridge to Glen Island while the current bridge undergoes repairs. The 
Westchester County and the New Rochelle Harbor Master have provided 
information to the public and interested stakeholders through an 
established project page maintained by the county located at https://publicworks.westchestergov.com/glen-island-approach-bridge-rehabilitation. This project page has been updated throughout the 
project and will be maintained to provide updated information to the 
public until the bridge rehabilitation project is finished. The 
contractor Kiewit Infrastructure Company has already conducted public 
outreach meetings with affected mariners and plans additional meetings 
to address any concerns with regards to the waterway closures in the 
future.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because prompt action is 
needed to respond to the potential safety hazards associated with the 
establishment of a temporary bridge and bridge repairs to the existing 
Glen Island Bridge. Publishing an NPRM would be impracticable and 
contrary to public interest because a safety zone must be established 
by December 2, 2024, to ensure that the construction project is not 
delayed. Any delay in the project would adversely impact vehicle users 
and mariners in the future.
    Also, 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 because prompt action is needed to 
respond to the potential safety hazards associated with the 
establishment of a

[[Page 95721]]

temporary bridge and the construction associated with the 
rehabilitation of the existing Glen Island Bridge.
    Although this regulation is published as an interim rule without 
prior notice, public comment is nevertheless desirable to ensure that 
the regulation is both workable and reasonable. Accordingly, persons 
wishing to comment may do so by submitting written comments as set out 
under ADDRESSES in this preamble. Commenters should include their names 
and addresses, identify the docket number for the regulation, and give 
reasons for their comments. If the Coast Guard determines that changes 
to the temporary interim rule are necessary, we will publish a 
temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port New York (COTP) has determined that 
potential safety hazards associated with the establishment of a 
temporary bridge and bridge repairs to the existing Glen Island Bridge 
from December 2, 2024, through May 27, 2027, constitutes a safety 
concern for anyone near the waters of Glen Island and in the vicinity 
of bridge repair vessels and machinery. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the bridge is being repaired.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. until 5 p.m. each 
day starting on midnight December 2, 2024, through May 27, 2027. The 
safety zone will only be enforced during periods when construction 
operations at the Glen Island Bridge rehabilitation project are in 
progress. The anticipated dates for the windows of full channel 
closures are from 7 a.m. on December 2, 2024, through 5 p.m. on 
December 20, 2024; from 7 a.m. on February 3, 2025, through 5 p.m. on 
May 22, 2025; and from 7 a.m. on October 2, 2025, through 5 p.m. on 
April 29, 2026. Additionally, the schedule from 7 a.m. on August 11, 
2026, through 5 p.m. on August 17, 2026; 7 a.m. on October 2, 2026, 
through 5 p.m. on October 29, 2026, is being considered. The Coast 
Guard will make notice of the safety zone via the Local Notice to 
Mariners and issue a Broadcast Notice to Mariners via marine channel 16 
(VHF-FM) as soon as practicable in advance of these scheduled closures. 
All these dates are tentative and subject to change due to weather, 
supply chain delays, or other unforeseen circumstances. This rule 
remains effective through May 27, 2027, in case the project is delayed 
due to unforeseen circumstances. The area regulated by the safety zone 
will encompass the waters around the Glen Island Bridge and will cover 
all navigable waters, from surface to bottom, within the area formed by 
connecting the following latitude and longitude points in the following 
order:
    40[deg]53'18.58'' N 73[deg]46'56.26'' W; thence to 
40[deg]53'22.08'' N 73[deg]46'59.39'' W; thence north along the shore 
to 40[deg]53'23.8'' N 73[deg]46'57.51'' W; thence to 40[deg]53'19.15'' 
N 73[deg]46'52.54'' W and thence south along the shore back to the 
point of origin. This area is intended for the vessels and machinery 
being used by personnel for the Glen Island Bridge rehabilitation 
project. The duration of the zone is intended to ensure the safety of 
personnel, vessels, and these navigable waters during the bridge 
construction. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.
    The Coast Guard will make notice of the safety zone via the Local 
Notice to Mariners and issue a Broadcast Notice to Mariners via marine 
channel 16 (VHF-FM) as soon as practicable in response to an emergency 
or hazardous condition. In addition, if the project is completed before 
May 27, 2027, enforcement of the safety zone will be suspended, and 
notice given via Local Notice to Mariners. The First Coast Guard 
District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration and time of year of the planned enforcement periods 
of the safety zone. The bridge owner and contractor are coordinating 
the full waterway closures with Westchester County and New Rochelle 
Harbor Master. The safety zone will impact a small, designated area 
underneath and around the Glen Island Bridge and will not cause major 
impacts to vessel traffic. The impact to these entities would be 
minimal because mariners are able to make a short transit 
(approximately 20 minutes) around Glen Island to reach any destination 
on the other side to Long Island Sound. The Coast Guard will notify the 
public of the enforcement of this rule through appropriate means, which 
may include, but are not limited to, publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16.

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 
call or email 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

[[Page 95722]]

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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 in vicinity of the Glen Island Bridge on the navigable 
waters within Long Island Sound that will limit entry to the project 
area without authorization from the Captain of the Port or their 
designated representatives. 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. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T01-0956 to read as follows:

Sec.  165.T01-0956  Safety Zone; Glen Island Approach Bridge, Long 
Island Sound, New Rochelle, NY.

    (a) Location. The following area is a safety zone: All the 
navigable waters of the Long Island Sound in the vicinity of the Glen 
Island Approach Bridge, New Rochelle, NY, from surface to bottom, 
encompassed by a line connecting the following points beginning at 
40[deg]53'18.58'' N 73[deg]46'56.26'' W; thence to 40[deg]53'22.08'' N 
73[deg]46'59.39'' W; thence north along the shore to 40[deg]53'23.8'' N 
73[deg]46'57.51'' W; thence to 40[deg]53'19.15'' N 73[deg]46'52.54'' W 
and thence south along the shore back to the point of origin. These 
coordinates are based on the 1984 World Geodetic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port New York (COTP) in the enforcement of the safety 
zone.
    (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 the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF Channel 16 or by phone at (844) 692-8724 (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 the COTP's 
designated representative.
    (d) Enforcement period. This section is effective from December 2, 
2024, through May 27, 2027, but will only be enforced during periods 
when construction operations at the Glen Island Approach Bridge are in 
progress. The Coast Guard will make notice of this safety zone via the 
Local Notice to Mariners and issue a Broadcast Notice to Mariners via 
marine channel 16 (VHF-FM) as soon as practicable in advance of these 
scheduled closures and in response to any emergency or hazardous 
condition. In addition, if the project is completed before May 27, 
2027, enforcement of the safety zone will be suspended, and notice 
given via Local Notice to Mariners. The First Coast Guard District 
Local Notice to Mariners can be found at: http://www.navcen.uscg.gov.

Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port Sector New York.
[FR Doc. 2024-28295 Filed 12-2-24; 8:45 am]
BILLING CODE 9110-04-P
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