95720 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Rules and Regulations 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document amends the current version of 

that order, FAA Order JO 7400.11J, 

dated July 31, 2024, and effective 

September 15, 2024. FAA Order JO 

7400.11J is publicly available online at 

www.faa.gov/air_traffic/publications/. 

You may also contact the Rules and 

Regulations Group, Office of Policy, 

Federal Aviation Administration, 600 

Independence Avenue SW, Washington, 

DC 20597; telephone: (202) 267–8783. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

Good Cause for No Notice and 

Comment 

Section 553(b)(3)(B) of Title 5, United 

States Code, (the Administrative 

Procedure Act) authorizes agencies to 

dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. The FAA finds 

that prior notice and public comment to 

this final rule is unnecessary due to the 

brief length of the extension of the 

effective date and the fact that there is 

no substantive change to the rule. 

Delay of Effective Date 

Accordingly, pursuant to the 

authority delegated to me, the effective 

date of the final rule for Airspace Docket 

24–ACE–7, as published in the Federal 

Register on November 18, 2024 (89 FR 

90578), FR Doc. 2024–26734, is hereby 

delayed until February 20, 2025. 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., P. 389. 

Issued in Fort Worth, Texas, on November 

26, 2024. 

Steven Phillips, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2024–28224 Filed 12–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 Jeffrey.M.Yunker@uscg.mil. 

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 

§ 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/glenisland-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 


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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Rules and Regulations 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°53′18.58′′ N 73°46′56.26′′ W; 

thence to 40°53′22.08′′ N 73°46′59.39′′ 

W; thence north along the shore to 

40°53′23.8′′ N 73°46′57.51′′ W; thence to 

40°53′19.15′′ N 73°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 


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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 

■ 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. 

■ 2. Add § 165.T01–0956 to read as 

follows: 

§ 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°53′18.58′′ N 73°46′56.26′′ W; thence 

to 40°53′22.08′′ N 73°46′59.39′′ W; 

thence north along the shore to 

40°53′23.8′′ N 73°46′57.51′′ W; thence to 

40°53′19.15′′ N 73°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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