[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47293-47295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17332]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0648]
RIN 1625-AA00


Safety Zone; Hudson River, Edgewater, NJ.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 47294]]

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Hudson River in the vicinity of Edgewater, NJ. This zone 
is intended to restrict vessels from a portion of the Hudson River due 
to the presence of a dielectric oil leak from a submerged power cable, 
and the hazards associated with the cable repair vessels. This 
temporary safety zone is necessary to protect people and vessels from 
the hazards associated with this event. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port New York.

DATES: This rule is effective without actual notice from July 21, 2016 
through July 10, 2017. For the purposes of enforcement, actual notice 
will be used from July 10, 2016 through July 21, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0648 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 MST1 Kristina Pundt, Waterways Management Division, U.S. 
Coast Guard Sector New York; telephone 718-354-4352, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 2, 2016, the Coast Guard received notification of a 
dielectric oil release from a submerged power cable in the Hudson River 
in the vicinity Edgewater, NJ. In response, on February 5, 2016, the 
Coast Guard published a temporary final rule at 33 CFR 165-T01.0028 (81 
FR 246181) establishing a safety zone to be enforced until July 9, 2016 
or until completion of cleanup and cable repairs. On May 29, 2016, the 
Coast Guard received notification that cleanup operations and cable 
repairs were completed. The Coast Guard received notification of 
another dielectric oil release from a submerged power cable in the 
Hudson River in the vicinity of Edgewater, NJ on June 28, 2016.
    The Coast Guard is issuing this temporary 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 doing so would be impracticable. 
Waiting for a notice and comment period to run would inhibit the Coast 
Guard from protecting the public and vessels from the possible hazards 
associated with this dielectric oil leak and the hazards associated 
with the cable repairs.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. For the same reasons as 
discussed in the preceding paragraph, waiting for a 30 day notice and 
comment period to run would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port New York (COTP) has determined that a 
temporary safety zone is necessary to ensure the safety of vessels from 
the hazards associated with this dielectric oil leak and power cable 
repairs.

IV. Discussion of the Rule

    This rule establishes a safety zone from July 10, 2016 through July 
10, 2017. The safety zone will cover all navigable waters of the Hudson 
River extending 1700 feet from the New Jersey shoreline and 
approximately 460 feet on either side of the charted power cable 
between Edgewater, NJ and W 110th Street, Manhattan, NY.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or an on-scene 
representative to obtain permission to transit through this safety 
zone. The COTP or an on-scene representative may be contacted by VHF 
Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, and will not adversely alter 
the budget of any grant or loan recipients. Vessel traffic will be able 
to safely transit around this safety zone. This safety zone only 
affects a small-designated area of the Hudson River waterway. Moreover, 
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM 
marine channel 16 and publish the information in the Local Notice to 
Mariners.

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 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

[[Page 47295]]

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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 the establishment of a safety zone that will prohibit 
entry within the dielectric oil spill, cleanup, and power cable repair 
area, and is therefore 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 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 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.T01-0648 to read as follows:


Sec.  165.T01-0648  Safety Zone: Hudson River, Edgewater, NJ.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Hudson River bound by the following 
points: 40[deg]48'40.088'' N., 073[deg]58'53.026'' W.; thence to 
40[deg]48'34.267'' N., 073[deg]58'37.096'' W.; thence to 
40[deg]48'26.404'' N., 073[deg]58'42.270'' W.; thence to 
40[deg]48'33.882'' N., 073[deg]59'01.955'' W., thence along the western 
shoreline to the point of origin. All coordinates are based on the NAD 
83.
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from July 10, 2016 through July 10, 
2017, unless terminated sooner by the COTP.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR 165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated on 
scene representative.
    (3) An ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State or local law 
enforcement officer designated by or assisting the COTP to act on his 
behalf.
    (4) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP may be contacted via VHF Channel 16 or at (718) 354-4353. Vessel 
operators given permission to enter or operate within the safety zone 
must comply with all directions given to them by the COTP, via the 
Command Center or an on-scene representative.

    Dated: July 8, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-17332 Filed 7-20-16; 8:45 am]
 BILLING CODE 9110-04-P