[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]
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