[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Proposed Rules]
[Pages 62689-62691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16762]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0404]
RIN 1625-AA00


Safety Zone; Hackensack River, Kearny and Secaucus, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of the Hackensack River. This action is 
necessary to provide for the safety of life on these navigable waters 
near the Portal Bridge during construction between November 2024 and 
December 2025. This proposed rulemaking would prohibit persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port New York or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 3, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0404 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Jeffrey Yunker, Waterways Management 
Division, U.S. Coast Guard Sector New York; telephone 718-354-4195, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PNB Portal North Bridge
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 2, 2024, Skanska Traylor Portal North Bridge (PNB) Joint 
Venture notified the Coast Guard that it is requesting three 14-day 
windows of waterway closures on the Hackensack River to install three 
new bridge spans at the PNB. The purpose of the requested 14-day 
windows is to deliver a 400-foot-long bridge span on a transportation 
barge that is 80 feet wide. The bridge span will be set on temporary 
shoring north of the existing bridge and a 100-foot-wide crane barge 
will then lift the bridge span from the temporary shoring using anchor 
lines and tugboats. The crane barge will move into the new bridge 
alignment position using anchor lines and tugboats, jack the new bridge 
span, set onto the temporary supports, and slide the bridge into the 
final location. Once the bridge is set, the crane barge, support 
barges, and anchor lines will be removed out of the channel to prepare 
for the subsequent bridge span erection. This procedure will occur 
three times.
    An additional fourth 14-day window is being considered to 
accommodate potential weather issues or schedule delays because of 
unforeseen circumstances. After setting the first bridge span, each 14-
day window will be re-evaluated and may be narrowed so that marine 
traffic may be able to

[[Page 62690]]

resume before the 14-day window is over.
    The Captain of the Port New York (COTP) has determined that 
potential hazards associated with the bridge construction would be a 
safety concern for anyone within the construction area and adjacent 
navigable waters.
    The purpose of this rulemaking is to protect personnel, vessels, 
and the marine environment from potential hazards created by the PNB 
construction activities between the New Jersey Turnpike/I-95 Fixed 
Bridge (River Mile 5.3) and 150 feet south of the existing Portal 
Bridge (River Mile 5.0) on the Hackensack River. The Coast Guard is 
proposing this rulemaking under the authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from November 15, 
2024, through December 31, 2025. The safety zone would only be enforced 
during periods when heavy lift operations at the new bridge are in 
progress.
    The anticipated dates for the first three 14-day windows of full 
channel closures are from 12:01 a.m. on November 15, 2024, through 
11:59 p.m. on November 28, 2024; from 12:01 a.m. on December 10, 2024, 
through 11:59 p.m. on December 23, 2024; and from 12:01 a.m. on January 
13, 2025, through 11:59 p.m. on January 27, 2025. Additionally, the 
fourth schedule from 12:01 a.m. on February 2, 2025, through 11:59 p.m. 
on February 15, 2025, is being considered. All these dates are 
tentative and subject to change due to weather, supply chain delays, or 
other unforeseen circumstances.
    The Coast Guard is proposing this rule remain effective through 
December 31, 2025, in case the project is delayed due to unforeseen 
circumstances. The safety zone would cover all navigable waters of the 
Hackensack River between the New Jersey Turnpike/I-95 Fixed Bridge 
(River Mile 5.3) and 150 feet south of the existing Portal Bridge 
(River Mile 5.0). The duration of the zone is intended to ensure the 
safety of personnel, vessels, and these navigable waters during the 
bridge construction.
    No vessel or person would be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time of year of the safety zone. The bridge 
owner and contractor are coordinating the full waterway closures with 
the upstream Bergen County Utilities Authority who may transport 
treated sewage sludge via tug and barge or overland trucks. The safety 
zone is only in effect on the navigable waters of the Hackensack River 
between the New Jersey Turnpike/I-95 Fixed Bridge (River Mile 5.3) and 
150 feet south of the existing Portal Bridge (River Mile 5.0). The 
Coast Guard will notify the public of the enforcement of this rule 
through appropriate means, which may include, but are not limited to, 
publication in the Local Notice to Mariners and Broadcast Notice to 
Mariners via VHF-FM marine channel 16.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.
    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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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

[[Page 62691]]

$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 potential effects of this proposed rule elsewhere in this 
preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 a safety 
zone from the New Jersey Turnpike/I-95 Fixed Bridge (River Mile 5.3) 
and 150 feet south of the existing Portal Bridge (River Mile 5.0) on 
the Hackensack River. Normally such actions are categorically excluded 
from further review under paragraph L60 (a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0404 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing 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:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T01-0404 to read as follows:


Sec.  165.T01-0404  Safety Zone; Hackensack River, Kearny and Secaucus, 
NJ.

    (a) Location. The following area is a safety zone: All the 
navigable waters of the Hackensack River between the New Jersey 
Turnpike/I-95 Fixed Bridge (River Mile 5.3) and 150 feet south of the 
existing Portal Bridge (River Mile 5.0).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port New York (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF Channel 16 or by phone at (718) 354-4353 (Sector 
New York Command Center). Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement period. This section is effective from November 15, 
2024, through December 31, 2025, but will only be enforced during 
periods when heavy lift operations at the new bridge are in progress.

Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2024-16762 Filed 7-31-24; 8:45 am]
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