[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Rules and Regulations]
[Pages 63813-63815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25500]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0886]
RIN 1625-AA87


Moving Security Zone Around Crane Barge, New York Harbor Upper 
Bay and Hudson River, NY and NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a moving security zone around 
a crane barge that will operate from Jersey City, NJ on New York Harbor 
Upper Bay to the Tappan Zee Bridge on the Hudson River at river mile 
27.0. The moving security zone will extend 200 yards on all sides of 
the Left Coast Lifter crane barge. Vessels and people are prohibited 
from entering this security zone.

DATES: This rule is effective without actual notice from October 27, 
2014 until December 31, 2014. For the purposes of enforcement, actual 
notice will be used from October 6, 2014, until October 27, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0886]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Waterways Management Division, Coast 
Guard Sector New York; telephone 718-354-4195, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYSTA New York State Thruway Authority
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because specifics associated with the crane barge 
transit were not received in time to publish an NPRM and seek comments 
before the subject transit. Publishing an NPRM and delaying the 
effective date of this rule to await public comments would be 
impracticable and contrary to the public interest since it would 
inhibit the Coast Guard's ability to fulfill its statutory missions to 
protect and secure the ports and waterways of the United States. Upon 
completion of the vessel's transit to the construction site, the Left 
Coast Lifter crane barge will be operating within the Regulated 
Navigation Area established for this project and published in the July 
25, 2014, issue of the Federal Register (79 FR 43250).
    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. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 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; Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define security zones.
    The New York State Thruway Authority has requested that the Coast 
Guard establish a temporary moving security zone on the waters of New 
York Harbor Upper Bay and the Hudson River during the transit of the 
Left Coast Lifter crane barge from Jersey City, NJ to the Tappan Zee 
Bridge. The purpose of the regulation is to ensure the security of the 
crane barge, facilities, and the surrounding areas and provide safety 
of life on the navigable waters in the COTP zone. Accordingly, the COTP 
has determined that this security zone is necessary to protect the 
crane barge and facilities.

C. Discussion of Rule

    For the reasons discussed above, this rule establishes a temporary 
moving security zone within a 200-yard radius of the Left Coast Lifter 
crane barge as it transits on the waters of New York Harbor Upper Bay 
and the Hudson River from Jersey City, NJ to the Tappan Zee Bridge on 
the Hudson River at river mile 27.0. This temporary security zone will 
be in effect from 5 a.m. on October 6, 2014 until 8 p.m. on December 
31, 2014.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory 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.
    This determination is based on the limited time that vessels will 
be restricted from the zone as the crane barge transits past their 
location. The temporary moving security zone will only be enforced for 
a limited duration from approximately 5 a.m. to 12:30 p.m. on October 
6, 2014 as the crane barge transits to a staging area at the bridge 
site and from approximately 12 p.m. to 7 p.m. on October 8, 2014 as the 
barge transits from the staging area to the bridge. If necessary, this 
rulemaking allows for an enforcement period through December 31, 2014 
due to any unforeseen circumstances delaying the vessel's schedule. 
Thus, the Coast Guard expects minimal adverse impact on mariners from 
the zone's enforcement based on the limited duration of the enforcement 
period. Moreover, the Coast Guard also expects minimal adverse impact 
on mariners in light of the limited geographic area affected and 
because mariners may request authorization from the COTP or a 
designated on-scene representative to transit the zone. In addition, 
before and

[[Page 63814]]

during the enforcement period, the Coast Guard will issue maritime 
advisories widely available to users of the waterway, including verbal 
broadcast notice to mariners and distribute a written notice to 
waterway users online at http://homeport.uscg.mil/newyork.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of New York Harbor Upper Bay and the 
Hudson River between Jersey City, NJ and the Tappan Zee Bridge at river 
mile 27.0.
    This temporary security zone will not have a significant economic 
impact on a substantial number of small entities for all of the reasons 
discussed in the ``REGULATORY PLANNING AND REVIEW'' section above.

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 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 above.
    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.

4. 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).

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

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

13. Technical Standards

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

14. 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 (NEPA) (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 the establishment of a security zone 
and thus, is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this rule.

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 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. 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0886 to read as follows:

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Sec.  165.T01-0886  Security Zone, New York Harbor Upper Bay and Hudson 
River; NY and NJ.

    (a) Location. The following area is a temporary moving security 
zone: All waters of New York Harbor Upper Bay and the Hudson River 
within a 200 yard radius of the Left Coast Lifter crane barge as it 
transits between Jersey City, NJ on New York Harbor Upper Bay and the 
Tappan Zee Bridge on the Hudson River at river mile 27.0.
    (b) Definitions. For purposes of this section a ``Designated on-
scene representative'' is any Coast Guard commissioned, warrant, or 
petty officer who has been designated by the COTP to act on the COTP's 
behalf. A designated on-scene representative may be on a Coast Guard 
vessel, or onboard a federal, state, or local agency vessel that is 
authorized to act in support of the Coast Guard.
    (c) Effective and enforcement period. This rule will be effective 
and enforced from 5 a.m. on October 6, 2014 until 8 p.m. on December 
31, 2014.
    (d) Regulations. In accordance with the general regulations in 33 
CFR 165.33, no person or vessel may enter or move within the security 
zone created by this section unless granted permission to do so by the 
COTP or a designated on-scene representative. Entry, transit, or 
anchoring within the security zone described in paragraph (a) of this 
section is prohibited unless authorized by the COTP.
    (e) Notice. The COTP will provide notice of the establishment and 
enforcement of this security zone in accordance with 33 CFR 165.7.
    (f) Vessel operators given permission to enter or operate in this 
security zone must comply with all directions given to them by the COTP 
or a designated on-scene representative.
    (g) Vessel operators desiring to enter or operate within this 
security zone shall telephone the COTP at 718-354-4356 or a designated 
on-scene representative via VHF channel 16 to obtain permission to do 
so.
    (h) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: October 3, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-25500 Filed 10-24-14; 8:45 am]
BILLING CODE 9110-04-P