80_FR_76444 80 FR 76209 - Safety Zone; Witt-Penn Bridge Construction, Hackensack River; Jersey City, NJ

80 FR 76209 - Safety Zone; Witt-Penn Bridge Construction, Hackensack River; Jersey City, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 235 (December 8, 2015)

Page Range76209-76211
FR Document2015-30907

The Coast Guard is establishing a safety zone on the navigable waters of the Hackensack River surrounding the Witt-Penn Bridge between Jersey City and Kearny, NJ. In response to a planned Witt-Penn Bridge construction project, this rule allows the Coast Guard to prohibit all vessel traffic through the safety zone during bridge replacement operations that could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life in the vicinity of the construction of the Witt-Penn Bridge.

Federal Register, Volume 80 Issue 235 (Tuesday, December 8, 2015)
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76209-76211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30907]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1008]
RIN 1625-AA00


Safety Zone; Witt-Penn Bridge Construction, Hackensack River; 
Jersey City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the Hackensack River surrounding the Witt-Penn Bridge between 
Jersey City and Kearny, NJ. In response to a planned Witt-Penn Bridge 
construction project, this rule allows the Coast Guard to prohibit all 
vessel traffic through the safety zone during bridge replacement 
operations that could pose an imminent hazard to persons and vessels 
operating in the area. This rule is necessary to provide for the safety 
of life in the vicinity of the construction of the Witt-Penn Bridge.

DATES: This rule is effective January 7, 2016.

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

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On April 7, 2011 the Coast Guard issued a Bridge Permit approving 
the location and construction of the Witt-Penn Bridge across the 
Hackensack River, mile 3.1, between Kearny and Jersey City, NJ. The 
Coast Guard published a Solicitation of Comments from NJ DOT in the 
First Coast Guard District Local Notice to Mariners #16 (April 23, 
2014) through #20 (May 21, 2014). This solicitation requested comments 
regarding impacts to navigation from NJ DOT's proposed tentative 
channel closures/restrictions.
    On June 26, 2015, we published an NPRM titled Safety Zone; Witt-
Penn Bridge Construction, Hackensack River; Jersey City, NJ in the 
Federal Register (80 FR 36733). We invited comments on our proposed 
regulatory action related to the bridge construction project. During 
the comment period that ended August 25, 2015, we received one comment.

III. Legal Authority and Need for Rule

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

[[Page 76210]]

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

IV. Discussion of Comments, Changes, and the Rule

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the safety zone 
will be limited to the Hackensack River area, closures will be of a 
limited duration (one to 21 days), and waterway users have already been 
notified of the proposed closures through the Local Notice to Mariners. 
Moreover, the Coast Guard will issue advanced public notifications to 
local mariners through appropriate means, which may include but are not 
limited to marine broadcasts or Local Notice to Mariners which would 
allow the public an opportunity to plan for these closures.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting between one and 21 days that will 
prohibit entry within

[[Page 76211]]

approximately 500 feet of the Witt-Penn Bridge. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


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


Sec.  165.162  Safety Zone; Witt-Penn Bridge Construction, Hackensack 
River, Jersey City, NJ.

    (a) Location. The following area is a safety zone: All waters from 
surface to bottom of the Hackensack River bound by the following 
approximate positions: North of a line drawn from 40[deg]44'27.4'' N., 
074[deg]05'09.8'' W. to 40[deg]44'22.9'' N., 074[deg]04'53.1'' W. (NJ 
PATH Bridge at mile 3.0), and south of a line drawn from 
40[deg]44'33.2'' N., 074[deg]04'51.0'' W. to 40[deg]44'28.2'' N., 
074[deg]04'42.7'' W. (500 feet north of the new Witt-Penn Bridge) (NAD 
83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP) 
to act on his or her behalf. A designated representative may be on an 
official patrol vessel or may be on shore and will communicate with 
vessels via VHF-FM radio or loudhailer. In addition, members of the 
Coast Guard Auxiliary may be present to inform vessel operators of this 
regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Enforcement periods. (1) This safety zone is in effect 
permanently starting January 7, 2016, but will only be enforced when 
deemed necessary by the COTP.
    (2) The Coast Guard will rely on the methods described in Sec.  
165.7 to notify the public of the time and duration of any closure of 
the safety zone. Violations of this safety zone may be reported to the 
COTP at 718-354-4353 or on VHF-Channel 16.
    (d) Regulations. (1) The general regulations contained in Sec.  
165.23, as well as paragraphs (d)(2) and (3) of this section, apply.
    (2) During periods of enforcement, all persons and vessels must 
comply with all orders and directions from the COTP or a COTP's 
designated representative.
    (3) During periods of enforcement, upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light, or other means, the 
operator of the vessel must proceed as directed.

    Dated: November 6, 2015.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-30907 Filed 12-7-15; 8:45 am]
BILLING CODE 9110-04-P



                                                            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations                                         76209

                                           environment. This rule involves a safety                officer of the U.S. Coast Guard who has               River surrounding the Witt-Penn Bridge
                                           zone lasting less than 30 minutes during                been designated by the Captain of the                 between Jersey City and Kearny, NJ. In
                                           steel erection that will prohibit entry                 Port (COTP) New York, to act on his or                response to a planned Witt-Penn Bridge
                                           within 200 yards of the Shore (Belt)                    her behalf. The designated                            construction project, this rule allows the
                                           Parkway Bridge over Mill Basin.                         representative may be on an official                  Coast Guard to prohibit all vessel traffic
                                           Enforcement times may last longer than                  patrol vessel or may be on shore and                  through the safety zone during bridge
                                           30 minutes during demolition of the old                 will communicate with vessels via                     replacement operations that could pose
                                           Shore (Belt) Parkway Bridge. It is                      VHF–FM radio or loudhailer. In                        an imminent hazard to persons and
                                           categorically excluded from further                     addition, members of the Coast Guard                  vessels operating in the area. This rule
                                           review under paragraph 34(g) of Figure                  Auxiliary may be present to inform                    is necessary to provide for the safety of
                                           2–1 of the Commandant Instruction. An                   vessel operators of this regulation.                  life in the vicinity of the construction of
                                           environmental analysis checklist                          (2) Official patrol vessels. Official               the Witt-Penn Bridge.
                                           supporting this determination and a                     patrol vessels may consist of any Coast               DATES: This rule is effective January 7,
                                           Categorical Exclusion Determination                     Guard, Coast Guard Auxiliary, state, or               2016.
                                           will be available in the docket where                   local law enforcement vessels assigned                ADDRESSES: To view documents
                                           indicated under ADDRESSES. We seek                      or approved by the COTP.                              mentioned in this preamble as being
                                           any comments or information that may                      (c) Enforcement periods. (1) This                   available in the docket, go to http://
                                           lead to the discovery of a significant                  safety zone is in effect permanently                  www.regulations.gov, type USCG–2014–
                                           environmental impact from this rule.                    starting January 7, 2016, but will only be            1008 in the ‘‘SEARCH’’ box and click
                                                                                                   enforced when deemed necessary by the                 ‘‘SEARCH.’’ Click on Open Docket
                                           G. Protest Activities                                   COTP.                                                 Folder on the line associated with this
                                             The Coast Guard respects the First                      (2) The COTP will rely on the                       rule.
                                           Amendment rights of protesters.                         methods described in § 165.7 to notify
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                           Protesters are asked to contact the                     the public of the enforcement of this
                                                                                                                                                         you have questions on this rule, call or
                                           person listed in the FOR FURTHER                        safety zone. Such notifications will
                                                                                                                                                         email Mr. Jeff Yunker, Coast Guard
                                           INFORMATION CONTACT section to                          include the date and times of
                                                                                                                                                         Sector New York; telephone (718) 354–
                                           coordinate protest activities so that your              enforcement, along with any pre-
                                                                                                                                                         4195, or email jeff.m.yunker@uscg.mil.
                                           message can be received without                         determined conditions of entry.
                                           jeopardizing the safety or security of                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                     (d) Regulations. (1) The general
                                           people, places or vessels.                              regulations contained in § 165.23, as                 I. Table of Abbreviations
                                                                                                   well as the regulations in paragraphs
                                           List of Subjects in 33 CFR Part 165                                                                           COTP Captain of the Port New York
                                                                                                   (d)(2) and (3) of this section, apply.                DHS Department of Homeland Security
                                             Harbors, Marine safety, Navigation                       (2) During periods of enforcement, all             E.O. Executive Order
                                           (water), Reporting and recordkeeping                    persons and vessels must comply with                  FR Federal Register
                                           requirements, Security measures,                        all orders and directions from the COTP               NJ DOT New Jersey Department of
                                           Waterways.                                              or a COTP’s designated representative.                  Transportation
                                             For the reasons discussed in the                         (3) During periods of enforcement,                 NPRM Notice of Proposed Rulemaking
                                           preamble, the Coast Guard amends 33                     upon being hailed by a U.S. Coast Guard               II. Background Information and
                                           CFR part 165 as follows:                                vessel by siren, radio, flashing light, or            Regulatory History
                                                                                                   other means, the operator of the vessel
                                           PART 165—REGULATED NAVIGATION                           must proceed as directed.                                On April 7, 2011 the Coast Guard
                                           AREAS AND LIMITED ACCESS AREA                                                                                 issued a Bridge Permit approving the
                                                                                                     Dated: November 24, 2015.                           location and construction of the Witt-
                                           ■ 1. The authority citation for part 165                M.H. Day,                                             Penn Bridge across the Hackensack
                                           continues to read as follows:                           Captain, U.S. Coast Guard, Captain of the             River, mile 3.1, between Kearny and
                                                                                                   Port New York.                                        Jersey City, NJ. The Coast Guard
                                             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;               [FR Doc. 2015–30906 Filed 12–7–15; 8:45 am]           published a Solicitation of Comments
                                           Department of Homeland Security Delegation              BILLING CODE 9110–04–P                                from NJ DOT in the First Coast Guard
                                           No. 0170.1.                                                                                                   District Local Notice to Mariners #16
                                           ■   2. Add § 165.161 to read as follows:                                                                      (April 23, 2014) through #20 (May 21,
                                                                                                   DEPARTMENT OF HOMELAND                                2014). This solicitation requested
                                           § 165.161 Safety Zone; Shore (Belt)                     SECURITY                                              comments regarding impacts to
                                           Parkway Bridge Construction, Mill Basin,                                                                      navigation from NJ DOT’s proposed
                                           Brooklyn, NY.                                           Coast Guard                                           tentative channel closures/restrictions.
                                              (a) Location. The following area is a                                                                         On June 26, 2015, we published an
                                           safety zone: All waters from surface to                 33 CFR Part 165                                       NPRM titled Safety Zone; Witt-Penn
                                           bottom of Mill Basin within 200 yards                   [Docket Number USCG–2014–1008]                        Bridge Construction, Hackensack River;
                                           of the Shore (Belt) Parkway Mill Basin                                                                        Jersey City, NJ in the Federal Register
                                           bridge, east of a line drawn from                       RIN 1625–AA00
                                                                                                                                                         (80 FR 36733). We invited comments on
                                           40°36′24.29″ N., 073°54′02.59″ W. to                    Safety Zone; Witt-Penn Bridge                         our proposed regulatory action related
                                           40°36′11.36″ N., 073°54′04.69″ W., and                  Construction, Hackensack River;                       to the bridge construction project.
                                           west of a line drawn from 40°36′21.13″                  Jersey City, NJ                                       During the comment period that ended
                                           N., 073°53′47.38″ W. to 40°36′11.59″ N.,                                                                      August 25, 2015, we received one
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                                           073°53′48.88″ W.                                        AGENCY:    Coast Guard, DHS.                          comment.
                                              (b) Definitions. The following                       ACTION:   Final rule.
                                           definitions apply to this section:                                                                            III. Legal Authority and Need for Rule
                                              (1) Designated representative. A                     SUMMARY:   The Coast Guard is                            The Coast Guard is issuing this rule
                                           ‘‘designated representative’’ is any Coast              establishing a safety zone on the                     under the authority in 33 U.S.C. 1231;
                                           Guard commissioned, warrant or petty                    navigable waters of the Hackensack                    50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1,


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                                           76210            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations

                                           6.04–6, and 160.5 Department of                         (one to 21 days), and waterway users                  C. Collection of Information
                                           Homeland Security Delegation No.                        have already been notified of the                       This rule will not call for a new
                                           0170.1. The COTP has determined that                    proposed closures through the Local                   collection of information under the
                                           potential hazards associated with bridge                Notice to Mariners. Moreover, the Coast               Paperwork Reduction Act of 1995 (44
                                           construction will be a safety concern for               Guard will issue advanced public                      U.S.C. 3501–3520).
                                           anyone within approximately 500 feet of                 notifications to local mariners through
                                           the Witt-Penn Bridge. The purpose of                    appropriate means, which may include                  D. Federalism and Indian Tribal
                                           this rule is to ensure the safety of                    but are not limited to marine broadcasts              Governments
                                           vessels and workers from hazards                        or Local Notice to Mariners which                        A rule has implications for federalism
                                           associated with construction of the                     would allow the public an opportunity                 under E.O. 13132, Federalism, if it has
                                           replacement Witt-Penn Bridge and the                    to plan for these closures.                           a substantial direct effect on the States,
                                           follow-on demolition of the current                                                                           on the relationship between the national
                                                                                                   B. Impact on Small Entities
                                           Witt-Penn Bridge.                                                                                             government and the States, or on the
                                                                                                      The Regulatory Flexibility Act of                  distribution of power and
                                           IV. Discussion of Comments, Changes,
                                                                                                   1980, 5 U.S.C. 601–612, as amended,                   responsibilities among the various
                                           and the Rule
                                                                                                   requires Federal agencies to consider                 levels of government. We have analyzed
                                              As noted above, we received one                      the potential impact of regulations on                this rule under that Order and have
                                           comment on our NPRM published June                      small entities during rulemaking. The                 determined that it is consistent with the
                                           26, 2015. We received one comment                       term ‘‘small entities’’ comprises small               fundamental federalism principles and
                                           regarding nurse infection control in a                  businesses, not-for-profit organizations              preemption requirements described in
                                           rural area in the State of Missouri. This               that are independently owned and                      E.O. 13132.
                                           is outside the purview of this                          operated and are not dominant in their                   Also, this rule does not have tribal
                                           rulemaking. There are no changes in the                 fields, and governmental jurisdictions                implications under E.O. 13175,
                                           regulatory text of this rule from the                   with populations of less than 50,000.                 Consultation and Coordination with
                                           proposed rule in the NPRM.                              The Coast Guard received no comments                  Indian Tribal Governments, because it
                                              This rule establishes a safety zone on               from the Small Business Administration                does not have a substantial direct effect
                                           January 7, 2016. The safety zone will                   on this rulemaking. The Coast Guard                   on one or more Indian tribes, on the
                                           cover all navigable waters within                       certifies under 5 U.S.C. 605(b) that this             relationship between the Federal
                                           approximately 500 feet of the Witt-Penn                 rule will not have a significant                      Government and Indian tribes, or on the
                                           Bridge (river mile 3.1) on the                          economic impact on a substantial                      distribution of power and
                                           Hackensack River between Jersey City                    number of small entities.                             responsibilities between the Federal
                                           and Kearny, NJ. The duration of the                        While some owners or operators of                  Government and Indian tribes. If you
                                           zone, one to 21 days, is intended to                    vessels intending to transit the safety               believe this rule has implications for
                                           ensure the safety of life and vessels                   zone may be small entities, for the                   federalism or Indian tribes, please
                                           during bridge construction and                          reasons stated in section V.A above, this             contact the person listed in the FOR
                                           demolition operations. No vessel or                     rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                           person will be permitted to enter the                   economic impact on any vessel owner                   above.
                                           safety zone without obtaining                           or operator.                                          E. Unfunded Mandates Reform Act
                                           permission from the COTP or a                              Under section 213(a) of the Small
                                           designated representative.                                                                                      The Unfunded Mandates Reform Act
                                                                                                   Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                           V. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                             We developed this rule after                          we want to assist small entities in                   their discretionary regulatory actions. In
                                           considering numerous statutes and                       understanding this rule. If the rule                  particular, the Act addresses actions
                                           E.O.s related to rulemaking. Below we                   would affect your small business,                     that may result in the expenditure by a
                                           summarize our analyses based on a                       organization, or governmental                         State, local, or tribal government, in the
                                           number of these statutes and E.O.s, and                 jurisdiction and you have questions                   aggregate, or by the private sector of
                                           we discuss First Amendment rights of                    concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                           protestors.                                             compliance, please contact the person                 more in any one year. Though this rule
                                                                                                   listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                           A. Regulatory Planning and Review                       CONTACT section.                                      we do discuss the effects of this rule
                                              E.O.s 12866 and 13563 direct agencies                   Small businesses may send comments                 elsewhere in this preamble.
                                           to assess the costs and benefits of                     on the actions of Federal employees
                                           available regulatory alternatives and, if               who enforce, or otherwise determine                   F. Environment
                                           regulation is necessary, to select                      compliance with, Federal regulations to                 We have analyzed this rule under
                                           regulatory approaches that maximize                     the Small Business and Agriculture                    Department of Homeland Security
                                           net benefits. E.O. 13563 emphasizes the                 Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                           importance of quantifying both costs                    and the Regional Small Business                       Commandant Instruction M16475.lD,
                                           and benefits, of reducing costs, of                     Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                           harmonizing rules, and of promoting                     Ombudsman evaluates these actions                     complying with the National
                                           flexibility. This rule has not been                     annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                           designated a ‘‘significant regulatory                   responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                           action,’’ under E.O. 12866. Accordingly,                wish to comment on actions by                         determined that this action is one of a
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                                           it has not been reviewed by the Office                  employees of the Coast Guard, call 1–                 category of actions that do not
                                           of Management and Budget.                               888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                              This regulatory action determination                 Coast Guard will not retaliate against                significant effect on the human
                                           is based on the safety zone will be                     small entities that question or complain              environment. This rule involves a safety
                                           limited to the Hackensack River area,                   about this rule or any policy or action               zone lasting between one and 21 days
                                           closures will be of a limited duration                  of the Coast Guard.                                   that will prohibit entry within


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                                                            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations                                         76211

                                           approximately 500 feet of the Witt-Penn                 an official patrol vessel or may be on                EPA is also notifying the public of
                                           Bridge. It is categorically excluded from               shore and will communicate with                       corrections to typographical errors and
                                           further review under paragraph 34(g) of                 vessels via VHF–FM radio or loudhailer.               minor formatting changes to the IBR
                                           Figure 2–1 of the Commandant                            In addition, members of the Coast Guard               tables. This update affects the SIP
                                           Instruction. An environmental analysis                  Auxiliary may be present to inform                    materials that are available for public
                                           checklist supporting this determination                 vessel operators of this regulation.                  inspection at the EPA Regional Office.
                                           and a Categorical Exclusion                               (2) Official patrol vessels. Official               DATES: This action is effective December
                                           Determination are available in the                      patrol vessels may consist of any Coast               8, 2015.
                                           docket where indicated under                            Guard, Coast Guard Auxiliary, state, or               ADDRESSES: The EPA has established a
                                           ADDRESSES. We seek any comments or                      local law enforcement vessels assigned                docket for this action under Docket
                                           information that may lead to the                        or approved by the COTP.                              Identification Number EPA–R08–OAR–
                                           discovery of a significant environmental                  (c) Enforcement periods. (1) This                   2013–0047. All documents in the docket
                                           impact from this rule.                                  safety zone is in effect permanently                  are listed on the http://
                                                                                                   starting January 7, 2016, but will only be            www.regulations.gov Web site. Although
                                           G. Protest Activities
                                                                                                   enforced when deemed necessary by the                 listed in the index, some information
                                             The Coast Guard respects the First                    COTP.                                                 may not be publicly available, i.e.,
                                           Amendment rights of protesters.                           (2) The Coast Guard will rely on the                Confidential Business Information or
                                           Protesters are asked to contact the                     methods described in § 165.7 to notify                other information the disclosure of
                                           person listed in the FOR FURTHER                        the public of the time and duration of                which is restricted by statute. Certain
                                           INFORMATION CONTACT section to                          any closure of the safety zone.                       other material, such as copyrighted
                                           coordinate protest activities so that your              Violations of this safety zone may be                 material, is not placed on the Internet
                                           message can be received without                         reported to the COTP at 718–354–4353                  and will be publicly available only in
                                           jeopardizing the safety or security of                  or on VHF-Channel 16.                                 the hard copy form. Publicly available
                                           people, places or vessels.                                (d) Regulations. (1) The general                    docket materials are available either
                                           List of Subjects in 33 CFR Part 165                     regulations contained in § 165.23, as                 electronically through http://
                                                                                                   well as paragraphs (d)(2) and (3) of this             www.regulations.gov or in hard copy at
                                             Harbors, Marine safety, Navigation                    section, apply.                                       EPA Region 8, Office of Partnership and
                                           (water), Reporting and recordkeeping                       (2) During periods of enforcement, all             Regulatory Assistance, Air Program,
                                           requirements, Security measures,                        persons and vessels must comply with                  1595 Wynkoop Street, Denver, Colorado
                                           Waterways.                                              all orders and directions from the COTP               80202–1129. The EPA requests that you
                                             For the reasons discussed in the                      or a COTP’s designated representative.                contact the individual listed in the FOR
                                           preamble, the Coast Guard amends 33                        (3) During periods of enforcement,                 FURTHER INFORMATION CONTACT section to
                                           CFR part 165 as follows:                                upon being hailed by a U.S. Coast Guard               view the hard copy of the docket. An
                                                                                                   vessel by siren, radio, flashing light, or            electronic copy of the State’s SIP
                                           PART 165—REGULATED NAVIGATION                           other means, the operator of the vessel               compilation is also available at http://
                                           AREAS AND LIMITED ACCESS AREAS                          must proceed as directed.                             www.epa.gov/region8/air/sip.html.
                                           ■ 1. The authority citation for part 165                  Dated: November 6, 2015.                            FOR FURTHER INFORMATION CONTACT:
                                           continues to read as follows:                           M.H. Day,                                             Kathy Ayala, Air Program, U.S.
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Captain, U.S. Coast Guard, Captain of the             Environmental Protection Agency
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Port New York.                                        (EPA), Region 8, Mailcode 8P–AR, 1595
                                           Department of Homeland Security Delegation              [FR Doc. 2015–30907 Filed 12–7–15; 8:45 am]           Wynkoop Street, Denver, Colorado
                                           No. 0170.1.                                             BILLING CODE 9110–04–P
                                                                                                                                                         80202–1129, (303) 312–6142,
                                                                                                                                                         ayala.kathy@epa.gov.
                                           ■   2. Add § 165.162 to read as follows:
                                                                                                                                                         SUPPLEMENTARY INFORMATION:
                                           § 165.162 Safety Zone; Witt-Penn Bridge                 ENVIRONMENTAL PROTECTION
                                           Construction, Hackensack River, Jersey                                                                        I. Background
                                                                                                   AGENCY
                                           City, NJ.                                                                                                        The SIP is a living document which
                                              (a) Location. The following area is a                40 CFR Part 52                                        a state revises as necessary to address its
                                           safety zone: All waters from surface to                                                                       unique air pollution problems.
                                           bottom of the Hackensack River bound                    [EPA–R08–OAR–2013–0047; FRL–9932–60–                  Therefore, the EPA, from time to time,
                                                                                                   Region 8]                                             must take action on SIP revisions
                                           by the following approximate positions:
                                           North of a line drawn from 40°44′27.4″                                                                        containing new and/or revised
                                                                                                   Air Plan Approval; ND; Update to
                                           N., 074°05′09.8″ W. to 40°44′22.9″ N.,                                                                        regulations as being part of the SIP. On
                                                                                                   Materials Incorporated by Reference
                                           074°04′53.1″ W. (NJ PATH Bridge at                                                                            May 22, 1997 (62 FR 27968), the EPA
                                           mile 3.0), and south of a line drawn                    AGENCY:  Environmental Protection                     revised the procedures for incorporating
                                           from 40°44′33.2″ N., 074°04′51.0″ W. to                 Agency (EPA).                                         by reference federally-approved SIPs, as
                                           40°44′28.2″ N., 074°04′42.7″ W. (500 feet               ACTION: Final rule; administrative                    a result of consultation between the EPA
                                           north of the new Witt-Penn Bridge)                      change.                                               and the Office of the Federal Register
                                           (NAD 83).                                                                                                     (OFR). The description of the revised
                                              (b) Definitions. The following                       SUMMARY:   The Environmental Protection               SIP document, IBR procedures and
                                           definitions apply to this section:                      Agency (EPA) is updating the materials                ‘‘Identification of Plan’’ format are
                                              (1) Designated representative. A                     that are incorporated by reference (IBR)              discussed in further detail in the May
Lhorne on DSK9F6TC42PROD with RULES




                                           ‘‘designated representative’’ is any Coast              into the North Dakota State                           22, 1997, Federal Register document.
                                           Guard commissioned, warrant or petty                    Implementation Plan (SIP). The                        On April 21, 2009 (74 FR 18141) the
                                           officer of the U.S. Coast Guard who has                 regulations affected by this update have              EPA published an update to the IBR
                                           been designated by the Captain of the                   been previously submitted by the North                material for North Dakota as of March 1,
                                           Port (COTP) to act on his or her behalf.                Dakota Department of Health and                       2009. Today’s action is an update to the
                                           A designated representative may be on                   approved by the EPA. In this action, the              March 1, 2009 document.


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Document Created: 2015-12-14 13:27:39
Document Modified: 2015-12-14 13:27:39
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
ActionFinal rule.
DatesThis rule is effective January 7, 2016.
ContactIf you have questions on this rule, call or email Mr. Jeff Yunker, Coast Guard Sector New York; telephone (718) 354-4195, or email [email protected]
FR Citation80 FR 76209 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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