[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55257-55259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23171]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0002]
RIN 1625-AA11


Regulated Navigation Area, Kill Van Kull and Newark Bay; Bayonne, 
NJ, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The United States Coast Guard is establishing a Regulated 
Navigation Area (RNA) on the navigable waters of Kill Van Kull and 
Newark Bay surrounding the Bayonne Bridge. In response to a planned 
Bayonne Bridge construction project, this rule will establish a speed 
restriction in the waters surrounding the Bayonne Bridge. This rule 
will allow the Coast Guard to prohibit vessel traffic through the RNA 
when necessary to safeguard people and vessels from the hazards 
associated with bridge construction.

DATES: This rule is effective from October 15, 2015 until December 31, 
2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0002]. 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, 
contact BMC Craig Lapiejko, Coast Guard First District Waterways 
Management Branch, telephone (617) 223-8381, email 
[email protected]; or Mr. Jeff Yunker, Coast Guard Sector New 
York Waterways Management Division, U.S. Coast Guard; 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

DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
FR Federal Register

A. Regulatory History and Information

    On January 9, 2015, we published a NPRM entitled Regulated 
Navigation Area, Kill Van Kull and Newark Bay; Bayonne, NJ, NY in the 
Federal Register. We received no comments on the proposed rule.
    No public meeting was requested and none was held.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the 
authority to establish Regulated Navigation Areas in defined water 
areas that are hazardous or in which hazardous conditions are 
determined to exist. See 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; and Department of Homeland Security 
Delegation No. 0170.1.
    The purpose of this rulemaking is to ensure the safety of vessels 
and workers from hazards associated with construction on the Bayonne 
Bridge. The current Bayonne Bridge was built in 1931 and carries the 
NY/NJ Route 440. The Port Authority New York/New Jersey (PANYNJ) has 
contracted Skanska-Koch Inc. and Kiewit Infrastructure for this 
project.
    Construction operations are sensitive to water movement, and wake 
from passing vessels could pose significant risk of injury or death to 
construction workers. In order to minimize such unexpected or 
uncontrolled movement of water, the RNA will limit vessel speed and 
wake of all vessels operating in the vicinity of the bridge 
construction zone. This will be achieved by implementing a five (5) 
knot speed limit and ``NO WAKE'' zone in the vicinity of the 
construction as well as providing a means to suspend all vessel traffic 
for emergent situations that pose imminent threat to waterway users in 
the area.
    After consulting with PANYNJ, Skanska-Koch Inc., and Kiewit 
Infrastructure, the Coast Guard has determined that certain aspects of 
the construction project can only be completed in the channel and will 
require closing the waterway. For instance, barges are expected to be 
used at times while portions of the bridge are being raised and the 
barges' presence might limit maneuverability in the waterway. Also, the 
Coast Guard anticipates that crane and cutting operations may create 
the potential for falling debris into the waterway. It is expected that 
the construction efforts that might require waterway closures will not 
take place until the summer of 2016.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received concerning this rule. Due to schedule 
delays, the overall timeline of the project has changed. Waterway 
closures are now expected during the summer of 2016. Completion of the 
entire project is now slated for 2017.

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

[[Page 55258]]

Orders. The Coast Guard expects the economic impact of this rule to be 
minimal as this RNA will not necessarily prohibit vessel traffic in the 
affected waterways. Rather, this RNA will primarily establish a speed 
and wake restriction along the waters surrounding the Bayonne Bridge. 
There may be times that the Coast Guard will prohibit vessel traffic 
through the RNA, but such closures are expected to take place during 
off peak hours. Moreover, even when the Coast Guard generally prohibits 
vessel traffic through the RNA, specific vessels may still obtain 
permission to transit through the RNA. Additionally, the Coast Guard 
will provide the public with advanced notification of waterway closures 
so that mariners may plan accordingly. Such notifications will be made 
through various means, including, but not limited to, Local Notice to 
Mariners and at http://homeport.uscg.mil/newyork. For all of these 
reasons, the Coast Guard has determined that this rule would not be a 
significant regulatory action.

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 received no comments from the Small Business 
Administration on this rule. For all of the reasons discussed in the 
Regulatory Planning and Review section, 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.

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, 
above.
    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.

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

    This action 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 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 restricting vessel movement within a 
regulated navigation area. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An 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 rule.

[[Page 55259]]

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 is 
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

0
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.

0
2. Add Sec.  165.T01-0002 to read as follows:

Sec.  165.T01-0002  Regulated Navigation Area; Kill Van Kull and Newark 
Bay; Bayonne, NJ, NY Regulated Area.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All waters of Bergen Point East and West Reaches in the Kill Van 
Kull, and all waters of Newark Bay South Reach, bound by the following 
approximate positions: 40[deg]38'51.93'' N., 074[deg]06'47.90'' W.; 
thence to 40[deg]38'41.53'' N., 074[deg]07'18.54'' W.; thence to 
40[deg]38'38.20'' N., 074[deg]07'41.30'' W.; thence to 
40[deg]38'40.47'' N., 074[deg]08'01.61'' W.; thence to 
40[deg]38'34.20'' N., 074[deg]08'41.71'' W.; thence to 
40[deg]38'39.67'' N., 074[deg]08'51.86'' W.; thence to 
40[deg]38'50.20'' N., 074[deg]08'55.19'' W.; thence to 
40[deg]39'17.54'' N., 074[deg]08'38.20'' W.; thence to 
40[deg]39'19.00'' N., 074[deg]08'53.09'' W.; thence to 
40[deg]39'07.94'' N., 074[deg]08'59.04'' W.; thence to 
40[deg]38'46.87'' N., 074[deg]09'23.03'' W.; thence to 
40[deg]38'33.40'' N., 074[deg]09'19.87'' W.; thence to 
40[deg]38'24.86'' N., 074[deg]09'02.71'' W.; thence to 
40[deg]38'23.93'' N., 074[deg]08'52.56'' W.; thence to 
40[deg]38'31.40'' N., 074[deg]08'07.56'' W.; thence to 
40[deg]38'31.80'' N., 074[deg]07'55.66'' W.; thence to 
40[deg]38'30.06'' N., 074[deg]07'41.13'' W.; thence to 
40[deg]38'33.80'' N., 074[deg]07'14.86'' W.; thence to 
40[deg]38'43.93'' N., 074[deg]06'45.45'' W.; thence to the point of 
origin (NAD 83).
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 apply within the RNA.
    (2) Any vessel transiting through the RNA must make a direct 
passage. No vessel may stop, moor, anchor or loiter within the RNA at 
any time unless they are working on the bridge construction. Movement 
within the RNA is subject to a ``Slow-No Wake'' speed limit. All 
vessels may not produce a wake and may not attain speeds greater than 
five (5) knots unless a higher minimum speed is necessary to maintain 
bare steerageway.
    (3) There may be times that the First District Commander or the 
Captain of the Port (COTP) New York finds it necessary to close the RNA 
to vessel traffic. All closures will be limited to specific hours of 
the day. Mariners will be advised of all closure dates and times via 
Local Notice to Mariners and Broadcast Notice to Mariners in advance of 
closure times. During such closures, persons and vessels may request 
permission to enter the RNA by contacting the COTP or the COTP's on-
scene representative on VHF-16 or via phone at 718-354-4353 (Sector New 
York Command Center).
    (4) Vessels in the RNA must comply with directions given to them by 
the COTP or the COTP's on-scene representative. An ``on-scene 
representative'' of the COTP is any Coast Guard commissioned, warrant 
or petty officer who has been designated by the COTP to act on the 
COTP's behalf. An on-scene representative may be on a Coast Guard 
vessel; or other designated craft; or on shore and communicating with a 
Vessel Traffic Service New York Watchstander or vessels via VHF-FM 
radio or loudhailer. Members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (5) All other relevant regulations, including but not limited to 
the Rules of the Road, as codified in 33 CFR Subchapter E, Inland 
Navigational Rules, remain in effect within the RNA and must be 
strictly followed at all times.
    (c) Enforcement period. This regulation will be enforced from 8:00 
a.m. on February 1, 2016, until December 31, 2017. This RNA's speed 
restrictions are enforceable 24 hours a day as long as this RNA is in 
place. The Coast Guard will enforce waterway closures only when 
necessary to protect people and vessels from hazards associated with 
bridge construction.
    (d) Notification. 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 RNA. Violations of this RNA may be reported to 
the COTP at 718-354-4353 or on VHF-Channel 16.

    Dated: August 31, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-23171 Filed 9-14-15; 8:45 am]
BILLING CODE 9110-04-P