[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20851-20854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08233]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-1063]
RIN 1625-AA11


Regulated Navigation Area; Arthur Kill, NY and NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking

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SUMMARY: The Coast Guard is proposing to establish a Regulated 
Navigation Area (RNA) on the navigable waters of the Arthur Kill in New 
York and New Jersey from December 2014 through October 2018. This 
proposed rule would allow the Coast Guard to enforce speed and wake 
restrictions and prohibit vessel traffic through the RNA during bridge 
replacement operations on the Goethals Bridge, both planned and 
unforeseen, that could pose an imminent hazard to persons and vessels 
operating in the area. This proposed rule would also allow the Coast 
Guard to enforce navigation restrictions and prohibit vessel traffic 
during drilling, blasting, and dredging operations in support of the 
U.S. Army Corps of Engineers channel deepening project. This proposed 
rule is necessary to provide for the safety of life in the regulated 
area during construction on the Goethals Bridge and the channel 
deepening project.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 13, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before May 5, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email BMC Craig D. Lapiejko, First Coast Guard District, 
telephone (617) 223-8351, email [email protected], or LT Hannah 
Eko, Sector New York Waterways Management, U.S. Coast Guard; telephone 
(718) 354-4114, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

[[Page 20852]]

NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-1063] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-1063) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before May 5, 2014, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the 
authority to establish RNAs in defined water areas that are hazardous 
or in which hazardous conditions are determined to exist. See 33 U.S.C. 
1231 and Department of Homeland Security Delegation No. 0170.1.
    The purpose of this proposed rulemaking is to provide for safety on 
the navigable waters in the regulated area and is prompted by dredging 
and bridge construction activities in the Arthur Kill.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish a Regulated Navigation Area 
(RNA) on the navigable waters of the Arthur Kill. This RNA would 
encompass the Arthur Kill from Port Ivory to the charted Graselli High 
Wires north of Pralls Island. The proposed RNA would be in effect from 
December 2014 through October 2018, and enforced at intermittent 
periods during that time.
    Dredging activities will resume in a portion of the Arthur Kill 
from December 2014 until December 2015. These activities may 
potentially involve drilling and underwater blasting of bedrock in the 
Arthur Kill navigable channel. Dredging operations may encroach on 
portions of the navigable channel, require the relocation of lateral 
aids to navigation, and create a reduction in the width of the 
navigational channel. While most activities within the scope of this 
project will not require waterway closures, there are certain tasks 
that can only be completed via closing the waterway.
    The Goethals Bridge spans the Arthur Kill at mile 11.5. The current 
structure of the Goethals Bridge will be replaced with a twin span 
south of the existing bridge. Work on the bridge commenced in December 
2013. New eastbound bridge construction is expected to be undertaken 
from January 2013 to December 2016. New westbound construction is 
expected to occur from April 2013 to December 2017. Substantial 
completion of both bridges is expected to occur in December 2017 with 
both bridges open at this point. Demolition of the main span of the 
currently existing bridge is expected to occur in the December 2016 to 
October 2018 timeframe. The minimum vertical clearance of the bridge is 
expected to be reduced from 139.9' to 137.9'.
    Currently, it is unknown whether explosives will be utilized for 
demolition purposes or whether the current span will be lowered in 
increments into barges placed in the Arthur Kill. Final completion of 
the bridge project is expected to occur in October 2018.
    This proposed rule seeks to enhance navigational safety and marine 
environmental protection, promote vessel movement by reducing the 
potential for collisions, groundings, and the loss of lives and 
property, and ensure the safety of vessels and workers from hazards 
associated with bridge construction operations in the regulated area.
    The Captain of the Port (COTP) New York will cause notice of 
enforcement and suspension of enforcement to be made by all appropriate 
means to affect the widest distribution among the affected segments of 
the public. Such means of notification may include, but are not limited 
to, Broadcast Notice to Mariners, Local Notice to Mariners, or notices 
on the Homeport Web site.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory

[[Page 20853]]

Planning and Review, as supplemented by Executive Order 13563, 
Improving Regulation and Regulatory Review, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Executive Order 12866 or under section 1 of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under those Orders.
    Although this proposed rule may restrict access to a small portion 
of the Arthur Kill during some drilling, blasting and some bridge 
demolition operations, the effect of this regulation would not be 
significant for the following reasons: The regulated navigation area 
would be enforced during limited intervals of time. We expect portions 
of the RNA to be activated for short period while drilling, blasting, 
or bridge demolition procedures occur. In addition, vessels may be 
authorized to enter the zone with permission of the COTP. In addition, 
advance notification for closures will be made via Local Notice to 
Mariners, Broadcast Notice to Mariners, and at the Homeport Web site.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the Arthur Kill from 
December 2014 to October 2018.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: 
although the regulated navigation area would apply to the entire width 
of the river, vessel traffic would be allowed to pass through the 
regulated navigation area by requesting permission from the COTP. 
Before the activation of the regulated navigation area, we would issue 
maritime advisories widely available to users of the river.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination

[[Page 20854]]

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 proposed rule involves the establishment of a 
regulated navigation area. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
to amend 33 CFR part 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:  33 U.S.C. 1226, 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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-1063 to read as follows:


Sec.  165.T01-1063  Regulated Navigation Area; Arthur Kill, NY and NJ.

    (a) Regulated Area. The following area is a regulated navigation 
area: all waters from Port Ivory to Graselli High Wires north of Pralls 
Island in the Arthur Kill; bounded in the northeast by a line drawn 
from position 40[deg] 38'43.260'' N, 074[deg] 10'47.208'' W; to a point 
in position 40[deg]38'52.152'' N, 074[deg] 10'47.748'' W; and bounded 
in the southwest by a line drawn from position 40[deg] 37'8.940'' N, 
074[deg] 12'19.116'' W; to a point in position 40[deg] 37'03.252'' N, 
074[deg] 12'02.052'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Effective Dates and Enforcement Periods. This rule is effective 
from 8:00 a.m. on December 1, 2014 until 5:00 p.m. on October 31, 2018. 
This rule will be enforced upon notice by the Captain of the Port 
(COTP) New York or the COTP's designated representative.
    (c) Regulations.
    (1) The general regulations contained in Sec. Sec.  165.10, 165.11, 
and 165.13 apply.
    (2) In accordance with the general regulations, entry into, 
anchoring, or movement within the RNA, during periods of enforcement, 
is prohibited unless authorized by the COTP or the COTP's designated 
representative.
    (3) During periods of enforcement, entry and movement within the 
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not 
produce more than a minimum wake and may not attain speeds greater than 
three knots unless a higher minimum speed is necessary to maintain 
steerageway when traveling with a strong current. In no case may the 
wake produced by the vessel be such that it creates a danger of injury 
to persons, or damage to vessels or structures of any kind.
    (4) During periods of enforcement, upon being hailed by a Coast 
Guard vessel by siren, radio, flashing light or other means, the 
operator must proceed as directed.
    (5) Vessel operators desiring to enter or operated within the 
regulated area when it is closed shall contact the COTP or the 
designated on-scene representative via VHF channel 16 or (718) 354-4353 
(Sector New York Command Center) to obtain permission.
    (6) Vessel Movement Reporting System (VMRS) users are prohibited 
from meeting or overtaking other vessels when transiting alongside an 
active work area where dredging and drilling equipment are being 
operated.
    (7) Notwithstanding anything contained in this section, the Rules 
of the Road (33 CFR Chapter I, Subchapter E, part 83-90 inland 
navigation rules) are still in effect and must be strictly adhered to 
at all times.

    Dated: March 25, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-08233 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P