45984 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

Capital Region, and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) The COTP Maryland—National 

Capital Region will notify the public of 

any changes in the status of this safety 

zone by Marine Safety Radio Broadcast 

on VHF–FM marine band radio channel 

22A (157.1 MHZ). 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted by Federal, 

State and local agencies in the patrol 

and enforcement of the zone. 

(e) Enforcement period. This section 

will be enforced from 8 a.m. through 1 

p.m. on October 26, 2017, and, if 

necessary due to inclement weather, 

from 8 p.m. through 1 p.m. on October 

27, 2017. 

Dated: September 27, 2017. 

Lonnie P. Harrison, Jr., 

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

Port Maryland—National Capital Region. 

[FR Doc. 2017–21180 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0937] 

RIN 1625–AA00 

Safety Zone; Belt Parkway Bridge 

Construction, Gerritsen Inlet; 

Brooklyn, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Gerritsen Inlet 

surrounding the Belt Parkway Bridge. 

This action is necessary to provide for 

the safety of life on these navigable 

waters in Brooklyn, NY, during bridge 

replacement operations, both planned 

and unforeseen, until the new bridge is 

built and the existing bridge is removed. 

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 

actual notice from October 3, 2017 

through December 31, 2018. For the 

purposes of enforcement, actual notice 

will be used from 12:01 a.m. on October 

1, 2017 through October 3, 2017. 

Comments and related material may 

be received by the Coast Guard during 

the effective period. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0937 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion for further 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Jeff Yunker, Coast Guard 

Sector New York, Waterways 

Management Division, telephone 718– 

354–4195, email Jeff.M.Yunker@

uscg.mil or Mr. Craig Lapiejko, Coast 

Guard First District Waterways 

Management Branch, telephone 617– 

223–8351, email craig.d.lapiejko@

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 

NYC DOT New York City Department of 

Transportation 

§ Section 

TIR Temporary Interim Rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

In a letter received by the Coast Guard 

on May 16, 2013 NYC DOT and their 

contractors outlined the first five phases 

of operations that require in-channel 

work in the construction and demolition 

of the Belt Parkway Bridge. On 

November 29, 2013, the Coast Guard 

published a NPRM titled ‘‘Safety Zone; 

Belt Parkway Bridge Construction, 

Gerritsen Inlet, Brooklyn, NY’’ (78 FR 

71546). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this bridge construction. During the 

comment period that ended December 

20, 2013, we received no comments. 

On May 12, 2014, the Coast Guard 

published a TIR and request for 

comments titled ‘‘Safety Zone; Belt 

Parkway Bridge Construction, Gerritsen 

Inlet, Brooklyn, NY’’ (79 FR 26848). 

During the comment period that ended 

June 2, 2014, we received no comments. 

On July 25, 2014 the Coast Guard 

published a correcting amendment 

titled ‘‘Safety Zone; Belt Parkway Bridge 

Construction, Gerritsen Inlet, Brooklyn, 

NY’’ (79 FR 43255). There we corrected 

an inadvertent error included in one of 

the coordinates of the safety zone. 

The NYC DOT has requested the 

USCG safety zone and the USCG bridge 

permit be extended until June 30, 2018, 

to complete all remaining contract 

operations in and over the channel, 

including, but not limited to, 

substructure concrete placements, steel 

erection, concrete bridge deck 

placements, installation of navigation 

lighting, channel clean up and final 

fathometric surveying. The Coast Guard 

is issuing this TIR with an effective date 

through December 31, 2018 in case of 

additional project delays due to 

unforeseen circumstances. 

The Coast Guard is issuing this 

temporary interim 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), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking with respect to 

this rule because it is impracticable as 

it is necessary to protect the safety of 

both the construction crew and the 

waterway users operating in the vicinity 

of the bridge construction zone. A delay 

or cancellation of the currently ongoing 

bridge rehabilitation project in order to 

accommodate a full notice and comment 

period would delay necessary 

operations, result in increased costs, 

and delay the date when the bridge is 

expected to reopen for normal 

operations. 

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. It would be impracticable and 

contrary to the public interest to delay 

promulgating this rule, for the reasons 

stated above. The Coast Guard will 

enforce the safety zone described in this 

rule to all vessel traffic during 

circumstances that pose an imminent 

threat to waterway users operating in 

the area. The Coast Guard will provide 

as much advanced notice as possible 

prior to enforcement. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP has determined that potential 

hazards associated with the 

construction of the Belt Parkway 

replacement bridge over Gerritsen Inlet 

will be a safety concern for anyone 

within approximately 300 feet of the 

existing bridge. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during 

bridge construction. 


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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45985 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

November 29, 2013 or on our TIR 

published May 12, 2014. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM or in the previous TIR except for 

the effective period. 

This rule establishes a safety zone 

from 12:01 a.m. on October 1, 2017 

through December 31, 2018. The safety 

zone will cover all navigable waters 

within approximately 300 feet of the 

existing Belt Parkway Bridge over 

Gerritsen Inlet. The duration of the zone 

is intended to ensure the safety of 

vessels and these navigable waters 

during bridge construction. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget, and pursuant to OMB guidance 

it is exempt from the requirements of 

Executive Order 13771. 

This regulatory action determination 

is based on the fact that vessel traffic 

will only be restricted from this safety 

zone for limited durations and the safety 

zone covers only a small portion of the 

navigable waterway. The Coast Guard 

will notify the public whenever the 

safety zone is being enforced and 

whenever enforcement is suspended 

through Broadcast Notice to Mariners 

via VHF–FM marine channel 16, First 

Coast Guard District Local Notice to 

Mariners at https://

www.navcen.uscg.gov, Marine Safety 

Information Bulletins, or other 

appropriate means. The rule also allows 

people to seek permission to enter the 

zone. Additionally, NYC DOT has a 

Community Liaison for this project that 

also communicates with upstream 

mariners regarding the bridge project 

and channel status. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A. above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone usually enforced for less than 1 

hour that will prohibit entry within 

approximately 300 feet of the existing 

Belt Parkway Bridge over Gerritsen 

Inlet. It is categorically excluded from 

further review under paragraph 34(g) of 


jstallworth on DSKBBY8HB2PROD with RULES
45986 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

Figure 2–1 of the Commandant 

Instruction. 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape this 

rulemaking. If you submit a comment, 

please include the docket number for 

this rulemaking, indicate the specific 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this TIR as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, 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, 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0937 to read as 

follows: 

§ 165.T01–0937 Safety Zone; Belt Parkway 

Bridge Construction, Gerritsen Inlet, 

Brooklyn, NY. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Gerritsen Inlet: Southeast of a line from 

40°35′09.46′′ N., 073°54′53.92′′ W. to 

40°35′15.60′′ N., 073°54′42.07′′ W., and 

Northwest of a line from 40°35′04.88′′ 

N., 073°54′45.43′′ W. to 40°35′10.34′′ N., 

073°54′35.71′′ W. (NAD 83). 

(b) 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 Captain of the 

Port Sector New York (COTP), 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. 

(c) Enforcement Periods. 

(1) This regulation is enforceable 24 

hours a day from 12:01 a.m. on October 

1, 2017 through December 31, 2018. 

(2) Prior to commencing or 

suspending enforcement of this 

regulation, the COTP and designated onscene patrol personnel will notify the 

public whenever the regulation is being 

enforced and whenever enforcement is 

lifted, to include dates and times. The 

means of notification will include, but 

are not limited to, Broadcast Notice to 

Mariners and Local Notice to Mariners, 

Marine Safety Information Bulletins, or 

other appropriate means. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23, 

as well as the following regulations, 

apply. 

(2) During periods of enforcement, all 

persons and vessels must comply with 

all orders and directions from the COTP 

or the COTP’s designated representative. 

(3) During periods of enforcement, 

upon being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light, or 

other means, the operator of the vessel 

must proceed as directed. 

Dated: September 14, 2017. 

M.H. Day, 

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

Port New York. 

[FR Doc. 2017–21232 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0886] 

RIN 1625–AA00 

Safety Zone; Roanoke River, Plymouth, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

one mile of navigable waters of the 

Roanoke River in Plymouth, North 

Carolina. This temporary safety zone is 

intended to restrict vessel traffic from a 

portion of the Roanoke River during the 

Virginia Outlaw Drag Boat Association 

End of the Year Showdown high speed 

boat race. This action is intended to 

restrict vessel traffic movement in the 

regulated area to protect participants, 

spectators, and property from the 

hazards posed by high speed boat races. 

Entry of vessels or persons into this 

safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP), North Carolina or a 

designated representative. 

DATES: This rule is effective from 11 

a.m. on October 7, 2017, through 6 p.m. 

on October 8, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble, go to 

http://www.regulations.gov, type USCG– 

2017–0886 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, contact 

Petty Officer Matthew Tyson, 

Waterways Management Division, U.S. 

Coast Guard Sector North Carolina, 

Wilmington, NC; telephone: 910–772– 

2221, email: Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 


jstallworth on DSKBBY8HB2PROD with RULES