[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Proposed Rules]
[Pages 36733-36736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15761]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1008]
RIN 1625-AA00


Safety Zone; Witt-Penn Bridge Construction, Hackensack River; 
Jersey City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of the Hackensack River surrounding the Witt-Penn 
Bridge between Jersey City and Kearny, NJ. In response to a planned 
Witt-Penn Bridge construction project, this rule would allow the Coast 
Guard to prohibit all vessel traffic through the safety zone during 
bridge replacement operations, both planned and unforeseen, that could 
pose an imminent hazard to persons and vessels operating in the area. 
This rulemaking is necessary to provide for the safety of life in the 
vicinity of the construction of the Witt-Penn Bridge.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 25, 2015.
    Requests for public meetings must be received by the Coast Guard on 
or before July 17, 2015.

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, 
contact Mr. Jeff Yunker, Coast Guard Sector New York; telephone (718) 
354-4195, or 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
DHS Department of Homeland Security
FR Federal Register
NJ DOT New Jersey Department of Transportation
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-2014-1008] 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-2014-1008) 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, 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. Regulatory History and Information

    The Coast Guard issued a Bridge Permit dated April 7, 2011 
approving the location and construction of the Witt-Penn Bridge across 
the Hackensack River, mile 3.1, between Kearny and Jersey City, NJ. The 
Coast Guard published a Solicitation of Comments from NJ DOT in the 
First Coast Guard

[[Page 36734]]

District Local Notice to Mariners #16 (April 23, 2014), #17 (April 30, 
2014), #18 (May 7, 2014), #19 (May 14, 2014, and #20 (May 21, 2014). 
This solicitation requested comments regarding impacts to navigation 
from the following proposed tentative channel closures/restrictions:

------------------------------------------------------------------------
                                   Channel closure/     Description of
        Approximate dates             obstruction            work
------------------------------------------------------------------------
October 5, 2015 through June 20,  Maximum of 40, one- Full channel
 2017.                             day, Full Channel   closure for Heavy-
                                   closures during     Lift operations
                                   this timeline.      on 40 separate
                                                       days.
November 23, 2016 through         Full Channel        Installation of
 December 13, 2016.                Closure.            the Main Span.
December 13, 2016 through         Channel             Complete
 February 21, 2017.                Restriction--70     Installation of
                                   ft Vertical         Operating
                                   Clearance.          Systems.
------------------------------------------------------------------------

    The contractor's barges will be moved completely out of the channel 
after work hours during the 40, one-day full channel closures. Closures 
will not be on consecutive days.
    The full channel closure dates are an estimate. The contractor's 
barges would block the entire Federal channel preventing any vessels 
from transiting upstream or downstream.
    The channel restriction is based on the lift span not operating, 
but the channel will remain available for vessel transits with an air 
draft under 70 ft.
    Due to project delays construction at the bridge site has been 
delayed until October 5, 2015 and the tentative channel closure/
restriction dates have been revised to:

------------------------------------------------------------------------
                                   Channel closure/     Description of
        Approximate dates             obstruction            work
------------------------------------------------------------------------
March 14, 2016 through October    Maximum of 40, one- Full channel
 12, 2017.                         day, Full Channel   closure for Heavy-
                                   closures during     Lift operations
                                   this timeline.      on 40 separate
                                                       days.
April 14, 2017 through May 4,     Full Channel        Installation of
 2017.                             Closure.            the Main Span.
May 5, 2017 through July 17,      Channel             Complete
 2017.                             Restriction--70     Installation of
                                   ft Vertical         Operating
                                   Clearance.          Systems.
------------------------------------------------------------------------

    In addition, channel closure requests are expected when the 
existing Witt-Penn Bridge is demolished. This is tentatively scheduled 
to take place between approximately July 2017 and December 31, 2021.

C. Basis and Purpose

    The legal basis for this rule is 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, which collectively authorize the Coast Guard to 
define regulatory safety zones.
    The purpose of this rulemaking is to ensure the safety of vessels 
and workers from hazards associated with construction on the Witt-Penn 
Bridge.

D. Discussion of Proposed Rule

    The proposed rule will give the COTP authority to prohibit vessel 
traffic on this portion of the Hackensack River, when necessary, for 
the safety of vessels and workers during construction work in the 
channel. The Coast Guard will close the designated area to all traffic 
during any circumstance, planned or unforeseen, that poses an imminent 
threat to waterway users or construction operations in the area. 
Complete waterway closures will be minimized to that period absolutely 
necessary and made with as much advanced notice as possible. During 
closures there will not be enough space for mariners to transit through 
the safety zone between the construction vessels and the current bridge 
piers.
    The COTP would notify the public of the enforcement of this safety 
zone by marine broadcasts or local notice to mariners. Such 
notifications would include the date and times of enforcement, along 
with any pre-determined conditions of entry.
    A navigation safety situation created by construction of the new 
Witt-Penn Bridge and removal of the current Witt-Penn Bridge prompted 
the proposed rule. This bridge carries Route 7 over the Hackensack 
River. The existing Witt-Penn Bridge was built in 1930, has been 
declared functionally obsolete by the Federal Highway Administration. 
NJ DOT has hired China Construction America Civil, Inc. to construct a 
new fixed bridge approximately 200 feet upstream of the existing bridge 
and remove the existing movable, vertical lift bridge. This new bridge 
will provide a minimum vertical clearance of 70-feet above Mean High 
Water in the closed position as compared to 35-feet for the existing 
lift bridge. The new bridge will provide the same 158 foot horizontal 
clearance. Construction is scheduled to begin mid to late 2015. 
Scheduled completion of the new bridge and removal of the old bridge is 
2021.
    The Coast Guard has discussed this project with NJ DOT to determine 
whether the project can be completed without channel closures and, if 
possible, what impact that would have on the project timeline. Through 
these discussions, it became clear that while the majority of 
construction activities during the span of this project would not 
require waterway closures, there are certain tasks that can only be 
completed in the channel and will require closing the waterway.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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.
    The Coast Guard expects the economic impact of this proposed rule 
to be minimal as this proposed safety zone will be limited to the 
Hackensack River area, closures will be of a limited duration, and 
waterway users have already been notified of the proposed closures 
through the Local Notice to Mariners.
    Advanced public notifications would also be made to local mariners 
through appropriate means, which may include but are not limited to 
marine broadcasts or Local Notice to Mariners which

[[Page 36735]]

would allow the public an opportunity to plan for these closures.

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 safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Waterway closures will be of a limited duration, and waterway users 
have already been notified of the proposed closures through the Local 
Notice to Mariners. Public notifications would also be made to local 
mariners through appropriate means, which may include but are not 
limited to marine broadcasts or Local Notice to Mariners which would 
allow the public an opportunity to plan for these closures.
    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 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 safety zone which may be 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 will be 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:


[[Page 36736]]


    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.

0
2. Add Sec.  165.161 to read as follows:


Sec.  165.161  Safety Zone; Witt-Penn Bridge Construction, Hackensack 
River, Jersey City, NJ.

    (a) Location. The following area is a safety zone: All waters from 
surface to bottom of the Hackensack River bound by the following 
approximate positions: North of a line drawn from 40[deg]44'27.4'' N., 
074[deg]05'09.8'' W. to 40[deg]44'22.9'' N., 074[deg]04'53.1'' W. (NJ 
PATH Bridge at mile 3.0), and south of a line drawn from 
40[deg]44'33.2'' N., 074[deg]04'51.0'' W. to 40[deg]44'28.2'' N., 
074[deg]04'42.7'' W. (500 feet north of the new Witt-Penn Bridge) (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 COTP to act on his or her 
behalf. A 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 safety zone is in effect 
permanently 1 November 2015 but will only be enforced when deemed 
necessary by the COTP.
    (2) The Coast Guard will rely on the methods described in 33 CFR 
165.7 to notify the public of the time and duration of any closure of 
the safety zone. Violations of this safety zone may be reported to the 
COTP at 718-354-4353 or on VHF-Channel 16.
    (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 a 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: June 12, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-15761 Filed 6-25-15; 8:45 am]
BILLING CODE 9110-04-P