[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76209-76211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30907]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 allows the Coast Guard to prohibit all 
vessel traffic through the safety zone during bridge replacement 
operations that could pose an imminent hazard to persons and vessels 
operating in the area. This rule is necessary to provide for the safety 
of life in the vicinity of the construction of the Witt-Penn Bridge.

DATES: This rule is effective January 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2014-1008 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Coast Guard Sector New York; telephone 
(718) 354-4195, or email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port New York
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NJ DOT New Jersey Department of Transportation
NPRM Notice of Proposed Rulemaking

II. Background Information and Regulatory History

    On April 7, 2011 the Coast Guard issued a Bridge Permit 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 District Local Notice to Mariners #16 (April 23, 
2014) through #20 (May 21, 2014). This solicitation requested comments 
regarding impacts to navigation from NJ DOT's proposed tentative 
channel closures/restrictions.
    On June 26, 2015, we published an NPRM titled Safety Zone; Witt-
Penn Bridge Construction, Hackensack River; Jersey City, NJ in the 
Federal Register (80 FR 36733). We invited comments on our proposed 
regulatory action related to the bridge construction project. During 
the comment period that ended August 25, 2015, we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,

[[Page 76210]]

6.04-6, and 160.5 Department of Homeland Security Delegation No. 
0170.1. The COTP has determined that potential hazards associated with 
bridge construction will be a safety concern for anyone within 
approximately 500 feet of the Witt-Penn Bridge. The purpose of this 
rule is to ensure the safety of vessels and workers from hazards 
associated with construction of the replacement Witt-Penn Bridge and 
the follow-on demolition of the current Witt-Penn Bridge.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published June 
26, 2015. We received one comment regarding nurse infection control in 
a rural area in the State of Missouri. This is outside the purview of 
this rulemaking. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone on January 7, 2016. The safety 
zone will cover all navigable waters within approximately 500 feet of 
the Witt-Penn Bridge (river mile 3.1) on the Hackensack River between 
Jersey City and Kearny, NJ. The duration of the zone, one to 21 days, 
is intended to ensure the safety of life and vessels during bridge 
construction and demolition operations. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
E.O.s related to rulemaking. Below we summarize our analyses based on a 
number of these statutes and E.O.s, and we discuss First Amendment 
rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the safety zone 
will be limited to the Hackensack River area, closures will be of a 
limited duration (one to 21 days), and waterway users have already been 
notified of the proposed closures through the Local Notice to Mariners. 
Moreover, the Coast Guard will issue advanced public notifications 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.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
contact 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 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 lasting between one and 21 days that will 
prohibit entry within

[[Page 76211]]

approximately 500 feet of the Witt-Penn Bridge. It 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.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.162 to read as follows:


Sec.  165.162  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 Captain of the Port (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 starting January 7, 2016, but will only be enforced when 
deemed necessary by the COTP.
    (2) The Coast Guard will rely on the methods described in Sec.  
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 Sec.  
165.23, as well as paragraphs (d)(2) and (3) of this section, 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: November 6, 2015.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-30907 Filed 12-7-15; 8:45 am]
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