80_FR_55435 80 FR 55257 - Regulated Navigation Area, Kill Van Kull and Newark Bay; Bayonne, NJ, NY

80 FR 55257 - Regulated Navigation Area, Kill Van Kull and Newark Bay; Bayonne, NJ, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 178 (September 15, 2015)

Page Range55257-55259
FR Document2015-23171

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.

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55257-55259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23171]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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



                                                                 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations                                      55257

                                                Snake River includes vessels ranging                    ADDRESSES:   Documents mentioned in                   Skanska-Koch Inc. and Kiewit
                                                from commercial tug and tow vessels to                  this preamble are part of docket [USCG–               Infrastructure for this project.
                                                recreational pleasure craft including                   2014–0002]. To view documents                            Construction operations are sensitive
                                                cabin cruisers and sailing vessels.                     mentioned in this preamble as being                   to water movement, and wake from
                                                   Vessels able to pass through the                     available in the docket, go to http://                passing vessels could pose significant
                                                bridge in the closed-to-navigation                      www.regulations.gov, type the docket                  risk of injury or death to construction
                                                position may do so at any time. The                     number in the ‘‘SEARCH’’ box and click                workers. In order to minimize such
                                                span will be able to open for maritime                  ‘‘SEARCH.’’ Click on Open Docket                      unexpected or uncontrolled movement
                                                emergencies, but any time lost to                       Folder on the line associated with this               of water, the RNA will limit vessel
                                                emergency openings will necessitate a                   rulemaking. You may also visit the                    speed and wake of all vessels operating
                                                time extension added to the approved                    Docket Management Facility in Room                    in the vicinity of the bridge construction
                                                dates. No immediate alternate route for                 W12–140 on the ground floor of the                    zone. This will be achieved by
                                                vessels to pass is available on this part               Department of Transportation West                     implementing a five (5) knot speed limit
                                                of the river. The Coast Guard will also                 Building, 1200 New Jersey Avenue SE.,                 and ‘‘NO WAKE’’ zone in the vicinity of
                                                inform the users of the waterways                       Washington, DC 20590, between 9 a.m.                  the construction as well as providing a
                                                through our Local and Broadcast                         and 5 p.m., Monday through Friday,                    means to suspend all vessel traffic for
                                                Notices to Mariners of the change in                    except Federal holidays.                              emergent situations that pose imminent
                                                operating schedule for the bridge so that               FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              threat to waterway users in the area.
                                                vessels can arrange their transits to                                                                            After consulting with PANYNJ,
                                                                                                        you have questions on this rule, contact
                                                minimize any impact caused by the                                                                             Skanska-Koch Inc., and Kiewit
                                                                                                        BMC Craig Lapiejko, Coast Guard First
                                                temporary deviation.                                                                                          Infrastructure, the Coast Guard has
                                                                                                        District Waterways Management
                                                   In accordance with 33 CFR 117.35(e),                                                                       determined that certain aspects of the
                                                                                                        Branch, telephone (617) 223–8381,
                                                the drawbridge must return to its regular                                                                     construction project can only be
                                                                                                        email craig.d.lapiejko@uscg.mil; or Mr.
                                                operating schedule immediately at the                                                                         completed in the channel and will
                                                                                                        Jeff Yunker, Coast Guard Sector New
                                                end of the designated time period. This                                                                       require closing the waterway. For
                                                                                                        York Waterways Management Division,
                                                deviation from the operating regulations                                                                      instance, barges are expected to be used
                                                                                                        U.S. Coast Guard; telephone 718–354–
                                                is authorized under 33 CFR 117.35.                                                                            at times while portions of the bridge are
                                                                                                        4195, email jeff.m.yunker@uscg.mil. If
                                                                                                                                                              being raised and the barges’ presence
                                                  Dated: September 8, 2015.                             you have questions on viewing or
                                                                                                                                                              might limit maneuverability in the
                                                Steven M. Fischer,                                      submitting material to the docket, call
                                                                                                                                                              waterway. Also, the Coast Guard
                                                Bridge Administrator, Thirteenth Coast Guard            Cheryl Collins, Program Manager,
                                                                                                                                                              anticipates that crane and cutting
                                                District.                                               Docket Operations, telephone (202)
                                                                                                                                                              operations may create the potential for
                                                [FR Doc. 2015–23141 Filed 9–14–15; 8:45 am]             366–9826.
                                                                                                                                                              falling debris into the waterway. It is
                                                BILLING CODE 9110–04–P                                  SUPPLEMENTARY INFORMATION:                            expected that the construction efforts
                                                                                                        Table of Acronyms                                     that might require waterway closures
                                                                                                                                                              will not take place until the summer of
                                                DEPARTMENT OF HOMELAND                                  DHS Department of Homeland Security                   2016.
                                                SECURITY                                                NPRM Notice of Proposed Rulemaking
                                                                                                        FR Federal Register                                   C. Discussion of Comments, Changes
                                                Coast Guard                                                                                                   and the Final Rule
                                                                                                        A. Regulatory History and Information
                                                                                                                                                                No comments were received
                                                33 CFR Part 165                                           On January 9, 2015, we published a                  concerning this rule. Due to schedule
                                                                                                        NPRM entitled Regulated Navigation                    delays, the overall timeline of the
                                                [Docket Number USCG–2014–0002]                          Area, Kill Van Kull and Newark Bay;                   project has changed. Waterway closures
                                                                                                        Bayonne, NJ, NY in the Federal                        are now expected during the summer of
                                                RIN 1625–AA11
                                                                                                        Register. We received no comments on                  2016. Completion of the entire project is
                                                Regulated Navigation Area, Kill Van                     the proposed rule.                                    now slated for 2017.
                                                Kull and Newark Bay; Bayonne, NJ, NY                      No public meeting was requested and
                                                                                                        none was held.                                        D. Regulatory Analyses
                                                AGENCY:  Coast Guard, DHS.                                                                                      We developed this rule after
                                                                                                        B. Basis and Purpose
                                                ACTION: Temporary final rule.                                                                                 considering numerous statutes and
                                                                                                           Under the Ports and Waterways Safety               executive orders related to rulemaking.
                                                SUMMARY:   The United States Coast                      Act, the Coast Guard has the authority                Below we summarize our analyses
                                                Guard is establishing a Regulated                       to establish Regulated Navigation Areas               based on these statutes and executive
                                                Navigation Area (RNA) on the navigable                  in defined water areas that are                       orders.
                                                waters of Kill Van Kull and Newark Bay                  hazardous or in which hazardous
                                                surrounding the Bayonne Bridge. In                      conditions are determined to exist. See               1. Regulatory Planning and Review
                                                response to a planned Bayonne Bridge                    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR                    This rule is not a significant
                                                construction project, this rule will                    1.05–1, 6.04–1, 6.04–6, and 160.5; and                regulatory action under section 3(f) of
                                                establish a speed restriction in the                    Department of Homeland Security                       Executive Order 12866, Regulatory
                                                waters surrounding the Bayonne Bridge.                  Delegation No. 0170.1.                                Planning and Review, as supplemented
                                                This rule will allow the Coast Guard to                    The purpose of this rulemaking is to               by Executive Order 13563, Improving
mstockstill on DSK4VPTVN1PROD with RULES




                                                prohibit vessel traffic through the RNA                 ensure the safety of vessels and workers              Regulation and Regulatory Review, and
                                                when necessary to safeguard people and                  from hazards associated with                          does not require an assessment of
                                                vessels from the hazards associated with                construction on the Bayonne Bridge.                   potential costs and benefits under
                                                bridge construction.                                    The current Bayonne Bridge was built in               section 6(a)(3) of Executive Order 12866
                                                DATES: This rule is effective from                      1931 and carries the NY/NJ Route 440.                 or under section 1 of Executive Order
                                                October 15, 2015 until December 31,                     The Port Authority New York/New                       13563. The Office of Management and
                                                2017.                                                   Jersey (PANYNJ) has contracted                        Budget has not reviewed it under those


                                           VerDate Sep<11>2014   19:08 Sep 14, 2015   Jkt 235001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\15SER1.SGM   15SER1


                                                55258            Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations

                                                Orders. The Coast Guard expects the                     and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                                economic impact of this rule to be                      Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                                minimal as this RNA will not                            Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                                necessarily prohibit vessel traffic in the              annually and rates each agency’s
                                                                                                                                                              10. Protection of Children From
                                                affected waterways. Rather, this RNA                    responsiveness to small business. If you
                                                                                                                                                              Environmental Health Risks
                                                will primarily establish a speed and                    wish to comment on actions by
                                                wake restriction along the waters                       employees of the Coast Guard, call                      We have analyzed this rule under
                                                surrounding the Bayonne Bridge. There                   1–888–REG–FAIR (1–888–734–3247).                      Executive Order 13045, Protection of
                                                may be times that the Coast Guard will                  The Coast Guard will not retaliate                    Children from Environmental Health
                                                prohibit vessel traffic through the RNA,                against small entities that question or               Risks and Safety Risks. This rule is not
                                                but such closures are expected to take                  complain about this rule or any policy                an economically significant rule and
                                                place during off peak hours. Moreover,                  or action of the Coast Guard.                         does not create an environmental risk to
                                                even when the Coast Guard generally                                                                           health or risk to safety that may
                                                prohibits vessel traffic through the RNA,               4. Collection of Information
                                                                                                                                                              disproportionately affect children.
                                                specific vessels may still obtain                         This rule will not call for a new
                                                permission to transit through the RNA.                  collection of information under the                   11. Indian Tribal Governments
                                                Additionally, the Coast Guard will                      Paperwork Reduction Act of 1995 (44                      This rule does not have tribal
                                                provide the public with advanced                        U.S.C. 3501–3520).                                    implications under Executive Order
                                                notification of waterway closures so that                                                                     13175, Consultation and Coordination
                                                                                                        5. Federalism
                                                mariners may plan accordingly. Such                                                                           with Indian Tribal Governments,
                                                notifications will be made through                         A rule has implications for federalism             because it does not have a substantial
                                                various means, including, but not                       under Executive Order 13132,                          direct effect on one or more Indian
                                                limited to, Local Notice to Mariners and                Federalism, if it has a substantial direct            tribes, on the relationship between the
                                                at http://homeport.uscg.mil/newyork.                    effect on the States, on the relationship             Federal Government and Indian tribes,
                                                For all of these reasons, the Coast Guard               between the national government and                   or on the distribution of power and
                                                has determined that this rule would not                 the States, or on the distribution of                 responsibilities between the Federal
                                                be a significant regulatory action.                     power and responsibilities among the                  Government and Indian tribes.
                                                                                                        various levels of government. We have
                                                2. Impact on Small Entities                                                                                   12. Energy Effects
                                                                                                        analyzed this rule under that Order and
                                                   The Regulatory Flexibility Act of 1980               determined that this rule does not have
                                                (RFA), 5 U.S.C. 601–612, as amended,                                                                            This action is not a ‘‘significant
                                                                                                        implications for federalism.                          energy action’’ under Executive Order
                                                requires federal agencies to consider the
                                                potential impact of regulations on small                6. Protest Activities                                 13211, Actions Concerning Regulations
                                                entities during rulemaking. The term                                                                          That Significantly Affect Energy Supply,
                                                                                                          The Coast Guard respects the First
                                                ‘‘small entities’’ comprises small                                                                            Distribution, or Use.
                                                                                                        Amendment rights of protesters.
                                                businesses, not-for-profit organizations                Protesters are asked to contact the                   13. Technical Standards
                                                that are independently owned and                        person listed in the FOR FURTHER
                                                operated and are not dominant in their                  INFORMATION CONTACT section to
                                                                                                                                                                This rule does not use technical
                                                fields, and governmental jurisdictions                  coordinate protest activities so that your            standards. Therefore, we did not
                                                with populations of less than 50,000.                   message can be received without                       consider the use of voluntary consensus
                                                The Coast Guard received no comments                    jeopardizing the safety or security of                standards.
                                                from the Small Business Administration                  people, places or vessels.                            14. Environment
                                                on this rule. For all of the reasons
                                                discussed in the Regulatory Planning                    7. Unfunded Mandates Reform Act                         We have analyzed this rule under
                                                and Review section, the Coast Guard                       The Unfunded Mandates Reform Act                    Department of Homeland Security
                                                certifies under 5 U.S.C. 605(b) that this               of 1995 (2 U.S.C. 1531–1538) requires                 Management Directive 023–01 and
                                                rule will not have a significant                        Federal agencies to assess the effects of             Commandant Instruction M16475.lD,
                                                economic impact on a substantial                        their discretionary regulatory actions. In            which guide the Coast Guard in
                                                number of small entities.                               particular, the Act addresses actions                 complying with the National
                                                                                                        that may result in the expenditure by a               Environmental Policy Act of 1969
                                                3. Assistance for Small Entities                                                                              (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                        State, local, or tribal government, in the
                                                   Under section 213(a) of the Small                    aggregate, or by the private sector of                have determined that this action is one
                                                Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or              of a category of actions that do not
                                                Fairness Act of 1996 (Pub. L. 104–121),                 more in any one year. Though this rule                individually or cumulatively have a
                                                we want to assist small entities in                     will not result in such an expenditure,               significant effect on the human
                                                understanding this rule. If the rule                    we do discuss the effects of this rule                environment. This rule involves
                                                would affect your small business,                       elsewhere in this preamble.                           restricting vessel movement within a
                                                organization, or governmental                                                                                 regulated navigation area. This rule is
                                                jurisdiction and you have questions                     8. Taking of Private Property                         categorically excluded from further
                                                concerning its provisions or options for                  This rule will not cause a taking of                review under paragraph 34(g) of Figure
                                                compliance, please contact the person                   private property or otherwise have                    2–1 of the Commandant Instruction. An
                                                listed in the FOR FURTHER INFORMATION                   taking implications under Executive                   environmental analysis checklist
mstockstill on DSK4VPTVN1PROD with RULES




                                                CONTACT, above.                                         Order 12630, Governmental Actions and                 supporting this determination and a
                                                   Small businesses may send comments                   Interference with Constitutionally                    Categorical Exclusion Determination are
                                                on the actions of Federal employees                     Protected Property Rights.                            available in the docket where indicated
                                                who enforce, or otherwise determine                                                                           under ADDRESSES. We seek any
                                                compliance with, Federal regulations to                 9. Civil Justice Reform                               comments or information that may lead
                                                the Small Business and Agriculture                        This rule meets applicable standards                to the discovery of a significant
                                                Regulatory Enforcement Ombudsman                        in sections 3(a) and 3(b)(2) of Executive             environmental impact from this rule.


                                           VerDate Sep<11>2014   19:08 Sep 14, 2015   Jkt 235001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\15SER1.SGM   15SER1


                                                                 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations                                        55259

                                                List of Subjects in 33 CFR Part 165                     vessels may not produce a wake and                    DEPARTMENT OF THE INTERIOR
                                                  Harbors, Marine safety, Navigation                    may not attain speeds greater than five
                                                                                                        (5) knots unless a higher minimum                     National Park Service
                                                (water), Reporting and recordkeeping
                                                requirements, Security measures, and                    speed is necessary to maintain bare
                                                                                                        steerageway.                                          36 CFR Part 7
                                                Waterways.
                                                                                                           (3) There may be times that the First              [NPS–LAMR–18708; PPWONRADE2,
                                                  For the reasons discussed in the                      District Commander or the Captain of                  PMP00EI05.YP0000]
                                                preamble, the Coast Guard is amending                   the Port (COTP) New York finds it
                                                33 CFR part 165 as follows:                             necessary to close the RNA to vessel                  RIN 1024–AD86
                                                                                                        traffic. All closures will be limited to
                                                PART 165—REGULATED NAVIGATION                                                                                 Special Regulations; Areas of the
                                                                                                        specific hours of the day. Mariners will
                                                AREAS AND LIMITED ACCESS AREA                                                                                 National Park System, Lake Meredith
                                                                                                        be advised of all closure dates and times
                                                                                                        via Local Notice to Mariners and                      National Recreation Area, Off-Road
                                                ■ 1. The authority citation for part 165                                                                      Motor Vehicles
                                                continues to read as follows:                           Broadcast Notice to Mariners in advance
                                                                                                        of closure times. During such closures,               AGENCY:    National Park Service, Interior.
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             persons and vessels may request
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                                                                         ACTION:   Final rule.
                                                Department of Homeland Security Delegation
                                                                                                        permission to enter the RNA by
                                                No. 0170.1.                                             contacting the COTP or the COTP’s on-                 SUMMARY:   The National Park Service is
                                                                                                        scene representative on VHF–16 or via                 amending its special regulations for
                                                ■ 2. Add § 165.T01–0002 to read as
                                                                                                        phone at 718–354–4353 (Sector New                     Lake Meredith National Recreation Area
                                                follows:
                                                                                                        York Command Center).                                 to require permits to operate motor
                                                § 165.T01–0002 Regulated Navigation                        (4) Vessels in the RNA must comply                 vehicles off roads, designate areas and
                                                Area; Kill Van Kull and Newark Bay;                     with directions given to them by the                  routes where motor vehicles may be
                                                Bayonne, NJ, NY Regulated Area.                         COTP or the COTP’s on-scene                           used off roads, create management
                                                   (a) Location. The following area is a                representative. An ‘‘on-scene                         zones that will further manage this
                                                Regulated Navigation Area (RNA): All                    representative’’ of the COTP is any                   activity, and establish camping,
                                                waters of Bergen Point East and West                    Coast Guard commissioned, warrant or                  operational, and vehicle requirements.
                                                Reaches in the Kill Van Kull, and all                   petty officer who has been designated                 These changes will allow off-road
                                                waters of Newark Bay South Reach,                       by the COTP to act on the COTP’s                      vehicle use for recreation while
                                                bound by the following approximate                      behalf. An on-scene representative may                reducing associated impacts to
                                                positions: 40°38′51.93″ N.,                             be on a Coast Guard vessel; or other                  resources. Unless authorized by special
                                                074°06′47.90″ W.; thence to                             designated craft; or on shore and                     regulation, operating a motor vehicle off
                                                40°38′41.53″ N., 074°07′18.54″ W.;                      communicating with a Vessel Traffic                   roads within areas of the National Park
                                                thence to 40°38′38.20″ N., 074°07′41.30″                Service New York Watchstander or                      System is prohibited.
                                                W.; thence to 40°38′40.47″ N.,                          vessels via VHF–FM radio or loudhailer.               DATES: This rule is effective October 15,
                                                074°08′01.61″ W.; thence to                             Members of the Coast Guard Auxiliary                  2015.
                                                40°38′34.20″ N., 074°08′41.71″ W.;                      may be present to inform vessel                       FOR FURTHER INFORMATION CONTACT:
                                                thence to 40°38′39.67″ N., 074°08′51.86″                operators of this regulation.                         Robert Maguire, Superintendent, Lake
                                                                                                           (5) All other relevant regulations,
                                                W.; thence to 40°38′50.20″ N.,                                                                                Meredith National Recreation Area, P.O.
                                                                                                        including but not limited to the Rules of
                                                074°08′55.19″ W.; thence to                                                                                   Box 1460, Fritch, Texas 79036–1460, by
                                                                                                        the Road, as codified in 33 CFR
                                                40°39′17.54″ N., 074°08′38.20″ W.;                                                                            phone at 806–857–3151, or by email at
                                                                                                        Subchapter E, Inland Navigational
                                                thence to 40°39′19.00″ N., 074°08′53.09″                                                                      Robert_Maguire@nps.gov.
                                                                                                        Rules, remain in effect within the RNA
                                                W.; thence to 40°39′07.94″ N.,                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                        and must be strictly followed at all
                                                074°08′59.04″ W.; thence to
                                                                                                        times.                                                Purpose and Significance of Lake
                                                40°38′46.87″ N., 074°09′23.03″ W.;
                                                                                                           (c) Enforcement period. This                       Meredith National Recreation Area
                                                thence to 40°38′33.40″ N., 074°09′19.87″
                                                                                                        regulation will be enforced from 8:00
                                                W.; thence to 40°38′24.86″ N.,                                                                                  Congress established Lake Meredith
                                                                                                        a.m. on February 1, 2016, until
                                                074°09′02.71″ W.; thence to                                                                                   National Recreation Area (LAMR or
                                                                                                        December 31, 2017. This RNA’s speed
                                                40°38′23.93″ N., 074°08′52.56″ W.;                                                                            recreation area) in 1990 ‘‘to provide for
                                                                                                        restrictions are enforceable 24 hours a
                                                thence to 40°38′31.40″ N., 074°08′07.56″                                                                      public outdoor recreation use and
                                                                                                        day as long as this RNA is in place. The
                                                W.; thence to 40°38′31.80″ N.,                                                                                enjoyment of the lands and waters
                                                                                                        Coast Guard will enforce waterway
                                                074°07′55.66″ W.; thence to                                                                                   associated with Lake Meredith in the
                                                                                                        closures only when necessary to protect
                                                40°38′30.06″ N., 074°07′41.13″ W.;                                                                            State of Texas, and to protect the scenic,
                                                                                                        people and vessels from hazards
                                                thence to 40°38′33.80″ N., 074°07′14.86″                                                                      scientific, cultural, and other values
                                                                                                        associated with bridge construction.
                                                W.; thence to 40°38′43.93″ N.,                             (d) Notification. The Coast Guard will             contributing to the public enjoyment of
                                                074°06′45.45″ W.; thence to the point of                rely on the methods described in 33                   such lands and waters. . . .’’ 16 U.S.C.
                                                origin (NAD 83).                                        CFR 165.7 to notify the public of the                 460eee.
                                                   (b) Regulations. (1) The general                     time and duration of any closure of the                 Situated approximately 35 miles
                                                regulations contained in 33 CFR 165.10,                 RNA. Violations of this RNA may be                    north of Amarillo, Texas, within Potter,
                                                165.11, and 165.13 apply within the                     reported to the COTP at 718–354–4353                  Moore, Hutchinson, and Carson
                                                RNA.                                                    or on VHF-Channel 16.                                 counties, LAMR is approximately
mstockstill on DSK4VPTVN1PROD with RULES




                                                   (2) Any vessel transiting through the                                                                      45,000 acres in size and is the largest
                                                RNA must make a direct passage. No                        Dated: August 31, 2015.                             public landmass in the Texas
                                                vessel may stop, moor, anchor or loiter                 L.L. Fagan,                                           Panhandle. LAMR includes a variety of
                                                within the RNA at any time unless they                  Rear Admiral, U.S. Coast Guard, Commander,            habitats that are uncommon in the
                                                are working on the bridge construction.                 First Coast Guard District.                           region, including aquatic, wetland, and
                                                Movement within the RNA is subject to                   [FR Doc. 2015–23171 Filed 9–14–15; 8:45 am]           riparian areas, and one of the few areas
                                                a ‘‘Slow-No Wake’’ speed limit. All                     BILLING CODE 9110–04–P                                in the region with trees. The natural and


                                           VerDate Sep<11>2014   19:08 Sep 14, 2015   Jkt 235001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\15SER1.SGM   15SER1



Document Created: 2015-12-15 10:09:30
Document Modified: 2015-12-15 10:09:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from October 15, 2015 until December 31, 2017.
ContactIf 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.
FR Citation80 FR 55257 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR