81_FR_47433 81 FR 47293 - Safety Zone; Hudson River, Edgewater, NJ.

81 FR 47293 - Safety Zone; Hudson River, Edgewater, NJ.

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47293-47295
FR Document2016-17332

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

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47293-47295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17332]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Hudson River, Edgewater, NJ.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 47294]]

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0648 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Kristina Pundt, Waterways Management Division, U.S. 
Coast Guard Sector New York; telephone 718-354-4352, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On January 2, 2016, the Coast Guard received notification of a 
dielectric oil release from a submerged power cable in the Hudson River 
in the vicinity Edgewater, NJ. In response, on February 5, 2016, the 
Coast Guard published a temporary final rule at 33 CFR 165-T01.0028 (81 
FR 246181) establishing a safety zone to be enforced until July 9, 2016 
or until completion of cleanup and cable repairs. On May 29, 2016, the 
Coast Guard received notification that cleanup operations and cable 
repairs were completed. The Coast Guard received notification of 
another dielectric oil release from a submerged power cable in the 
Hudson River in the vicinity of Edgewater, NJ on June 28, 2016.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. 
Waiting for a notice and comment period to run would inhibit the Coast 
Guard from protecting the public and vessels from the possible hazards 
associated with this dielectric oil leak and the hazards associated 
with the cable repairs.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. For the same reasons as 
discussed in the preceding paragraph, waiting for a 30 day notice and 
comment period to run would be impracticable.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, and will not adversely alter 
the budget of any grant or loan recipients. Vessel traffic will be able 
to safely transit around this safety zone. This safety zone only 
affects a small-designated area of the Hudson River waterway. Moreover, 
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM 
marine channel 16 and publish the information in the Local Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for

[[Page 47295]]

compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a safety zone that will prohibit 
entry within the dielectric oil spill, cleanup, and power cable repair 
area, and is therefore categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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


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


0
2. Add Sec.  165.T01-0648 to read as follows:


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

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

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



                                                              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                               47293

                                              While some owners or operators of                     Government and Indian tribes. If you                  PART 165—REGULATED NAVIGATION
                                           vessels intending to transit the safety                  believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                           zone area may be small entities, for the                 federalism or Indian tribes, please
                                           reasons stated in section V.A above this                 contact the person listed in the FOR                  ■ 1. The authority citation for part 165
                                           rule would not have a significant                        FURTHER INFORMATION CONTACT section                   continues to read as follows:
                                           economic impact on any vessel owner                      above.                                                    Authority: 33 U.S.C. 1231.
                                           or operator.
                                              Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act                       ■  2. A new temporary § 165.35T08–0467
                                           Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    is added to read as follows:
                                           Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                                                                          § 165.35T08–0467 Safety Zone; Tennessee
                                           we want to assist small entities in                      Federal agencies to assess the effects of             River Mile 385.0 to 387.0 Scottsboro, AL.
                                           understanding this rule. If the rule                     their discretionary regulatory actions. In
                                                                                                    particular, the Act addresses actions                   (a) Location. All waters of the
                                           would affect your small business,
                                                                                                    that may result in the expenditure by a               Tennessee River beginning at mile
                                           organization, or governmental
                                                                                                    State, local, or tribal government, in the            marker 385.0 and ending at mile marker
                                           jurisdiction and you have questions
                                                                                                    aggregate, or by the private sector of                387.0 Scottsboro, AL.
                                           concerning its provisions or options for
                                                                                                    $100,000,000 (adjusted for inflation) or                 (b) Effective date. This rule is effective
                                           compliance, please contact the person
                                                                                                    more in any one year. Though this rule                from May 31, 2016 through August 1,
                                           listed in the FOR FURTHER INFORMATION
                                                                                                    will not result in such an expenditure,               2016.
                                           CONTACT section.
                                              Small businesses may send comments                    we do discuss the effects of this rule                   (c) Periods of Enforcement. This rule
                                           on the actions of Federal employees                      elsewhere in this preamble.                           will be enforced from 30 minutes prior
                                           who enforce, or otherwise determine                                                                            to and 30 minutes after all blasting
                                                                                                    F. Environment                                        operations on the B.B. Comer Bridge.
                                           compliance with, Federal regulations to
                                           the Small Business and Agriculture                         We have analyzed this rule under                    The Captain of the Port Ohio Valley or
                                           Regulatory Enforcement Ombudsman                         Department of Homeland Security                       a designated representative will inform
                                           and the Regional Small Business                          Management Directive 023–01 and                       the public through Broadcast Notice to
                                           Regulatory Fairness Boards. The                          Commandant Instruction M16475.lD,                     Mariners (BNM), Local Notices to
                                           Ombudsman evaluates these actions                        which guide the Coast Guard in                        Mariners (LNM), or through other public
                                           annually and rates each agency’s                         complying with the National                           notice and at least 12–24 in advance of
                                           responsiveness to small business. If you                 Environmental Policy Act of 1969 (42                  each enforcement period.
                                           wish to comment on actions by                            U.S.C. 4321–4370f), and have                             (d) Regulations.
                                           employees of the Coast Guard, call 1–                    determined that this action is one of a                  (1) In accordance with the general
                                           888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       regulations in § 165.23 of this part, entry
                                           Coast Guard will not retaliate against                   individually or cumulatively have a                   into this area is prohibited unless
                                           small entities that question or complain                 significant effect on the human                       authorized by the Captain of the Port
                                           about this rule or any policy or action                  environment. This rule involves area                  Ohio Valley or a designated
                                           of the Coast Guard.                                      safety zone that would prohibit entry to              representative.
                                                                                                    unauthorized vessels. It is categorically                (2) Persons or vessels requiring entry
                                           C. Collection of Information                             excluded from further review under                    into or passage through the area must
                                             This rule will not call for a new                      paragraph 34(g) of Figure 2–1 of the                  request permission from the Captain of
                                           collection of information under the                      Commandant Instruction. An                            the Port Ohio Valley or a designated
                                           Paperwork Reduction Act of 1995 (44                      environmental analysis checklist                      representative. U.S. Coast Guard Sector
                                           U.S.C. 3501–3520).                                       supporting this determination and a                   Ohio Valley may be contacted on VHF
                                                                                                    Categorical Exclusion Determination are               Channel 13 or 16, or at 1–800–253–
                                           D. Federalism and Indian Tribal                                                                                7465.
                                                                                                    available in the docket where indicated
                                           Governments
                                                                                                    under ADDRESSES. We seek any                            Dated: May 31, 2016.
                                              A rule has implications for federalism                comments or information that may lead                 R. V. Timme,
                                           under Executive Order 13132,                             to the discovery of a significant                     Captain, U. S. Coast Guard, Captain of the
                                           Federalism, if it has a substantial direct               environmental impact from this rule.                  Port Ohio Valley.
                                           effect on the States, on the relationship
                                                                                                    G. Protest Activities                                 [FR Doc. 2016–17333 Filed 7–20–16; 8:45 am]
                                           between the national government and
                                                                                                                                                          BILLING CODE 9110–04–P
                                           the States, or on the distribution of                      The Coast Guard respects the First
                                           power and responsibilities among the                     Amendment rights of protesters.
                                           various levels of government. We have                    Protesters are asked to contact the
                                                                                                                                                          DEPARTMENT OF HOMELAND
                                           analyzed this rule under that Order and                  person listed in the FOR FURTHER
                                                                                                                                                          SECURITY
                                           have determined that it is consistent                    INFORMATION CONTACT section to
                                           with the fundamental federalism                          coordinate protest activities so that your            Coast Guard
                                           principles and preemption requirements                   message can be received without
                                           described in Executive Order 13132.                      jeopardizing the safety or security of                33 CFR Part 165
                                              Also, this rule does not have tribal                  people, places or vessels.
                                           implications under Executive Order                                                                             [Docket Number USCG–2016–0648]
                                           13175, Consultation and Coordination                     List of Subjects in 33 CFR Part 165
                                           with Indian Tribal Governments,                            Harbors, Marine safety, Navigation                  RIN 1625–AA00
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                                           because it does not have a substantial                   (water), Reporting and recordkeeping
                                           direct effect on one or more Indian                      requirements, Security measures,                      Safety Zone; Hudson River, Edgewater,
                                           tribes, on the relationship between the                  Waterways.                                            NJ.
                                           Federal Government and Indian tribes,                      For the reasons discussed in the                    AGENCY:    Coast Guard, DHS.
                                           or on the distribution of power and                      preamble, the U.S. Coast Guard amends
                                                                                                                                                          ACTION:   Temporary final rule.
                                           responsibilities between the Federal                     33 CFR part 165 as follows:


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                                           47294              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

                                           SUMMARY:   The Coast Guard is                               The Coast Guard is issuing this                    based on a number of these statutes and
                                           establishing a temporary safety zone in                  temporary rule without prior notice and               executive orders, and we discuss First
                                           the waters of the Hudson River in the                    opportunity to comment pursuant to                    Amendment rights of protestors.
                                           vicinity of Edgewater, NJ. This zone is                  authority under section 4(a) of the
                                                                                                                                                          A. Regulatory Planning and Review
                                           intended to restrict vessels from a                      Administrative Procedure Act (APA) (5
                                           portion of the Hudson River due to the                   U.S.C. 553(b)). This provision                           Executive Orders 12866 and 13563
                                           presence of a dielectric oil leak from a                 authorizes an agency to issue a rule                  direct agencies to assess the costs and
                                           submerged power cable, and the hazards                   without prior notice and opportunity to               benefits of available regulatory
                                           associated with the cable repair vessels.                comment when the agency for good                      alternatives and, if regulation is
                                           This temporary safety zone is necessary                  cause finds that those procedures are                 necessary, to select regulatory
                                           to protect people and vessels from the                   ‘‘impracticable, unnecessary, or contrary             approaches that maximize net benefits.
                                           hazards associated with this event.                      to the public interest.’’ Under 5 U.S.C.              Executive Order 13563 emphasizes the
                                           Entry of vessels or persons into this                    553(b)(B), the Coast Guard finds that                 importance of quantifying both costs
                                           zone is prohibited unless specifically                   good cause exists for not publishing a                and benefits, of reducing costs, of
                                           authorized by the Captain of the Port                    notice of proposed rulemaking (NPRM)                  harmonizing rules, and of promoting
                                           New York.                                                with respect to this rule because doing               flexibility. This rule has not been
                                                                                                    so would be impracticable. Waiting for                designated a ‘‘significant regulatory
                                           DATES: This rule is effective without
                                                                                                    a notice and comment period to run                    action,’’ under Executive Order 12866.
                                           actual notice from July 21, 2016 through                                                                       Accordingly, it has not been reviewed
                                           July 10, 2017. For the purposes of                       would inhibit the Coast Guard from
                                                                                                    protecting the public and vessels from                by the Office of Management and
                                           enforcement, actual notice will be used                                                                        Budget.
                                           from July 10, 2016 through July 21,                      the possible hazards associated with
                                                                                                    this dielectric oil leak and the hazards                 We conclude that this rule is not a
                                           2016.                                                                                                          significant regulatory action because we
                                                                                                    associated with the cable repairs.
                                           ADDRESSES:   To view documents                              We are issuing this rule, and under 5              anticipate that it will have minimal
                                           mentioned in this preamble as being                      U.S.C. 553(d)(3), the Coast Guard finds               impact on the economy, will not
                                           available in the docket, go to http://                   that good cause exists for making it                  interfere with other agencies, and will
                                           www.regulations.gov, type USCG–2016–                     effective less than 30 days after                     not adversely alter the budget of any
                                           0648 in the ‘‘SEARCH’’ box and click                     publication in the Federal Register. For              grant or loan recipients. Vessel traffic
                                           ‘‘SEARCH.’’ Click on Open Docket                         the same reasons as discussed in the                  will be able to safely transit around this
                                           Folder on the line associated with this                  preceding paragraph, waiting for a 30                 safety zone. This safety zone only affects
                                           rule.                                                    day notice and comment period to run                  a small-designated area of the Hudson
                                           FOR FURTHER INFORMATION CONTACT: If                      would be impracticable.                               River waterway. Moreover, the Coast
                                           you have questions on this rule, call or                                                                       Guard will issue Broadcast Notice to
                                           email MST1 Kristina Pundt, Waterways                     III. Legal Authority and Need for Rule                Mariners via VHF–FM marine channel
                                           Management Division, U.S. Coast Guard                       The Coast Guard is issuing this rule               16 and publish the information in the
                                           Sector New York; telephone 718–354–                      under authority in 33 U.S.C. 1231. The                Local Notice to Mariners.
                                           4352, email Kristina.H.Pundt@uscg.mil.                   Captain of the Port New York (COTP)                   B. Impact on Small Entities
                                           SUPPLEMENTARY INFORMATION:                               has determined that a temporary safety
                                                                                                    zone is necessary to ensure the safety of                The Regulatory Flexibility Act of
                                           I. Table of Abbreviations                                vessels from the hazards associated with              1980, 5 U.S.C. 601–612, as amended,
                                                                                                    this dielectric oil leak and power cable              requires Federal agencies to consider
                                           CFR Code of Federal Regulations
                                                                                                    repairs.                                              the potential impact of regulations on
                                           DHS Department of Homeland Security
                                           FR Federal Register                                                                                            small entities during rulemaking. The
                                           NAD 83 North American Datum of 1983
                                                                                                    IV. Discussion of the Rule                            term ‘‘small entities’’ comprises small
                                           NPRM Notice of proposed rulemaking                          This rule establishes a safety zone                businesses, not-for-profit organizations
                                           § Section                                                from July 10, 2016 through July 10,                   that are independently owned and
                                           U.S.C. United States Code                                2017. The safety zone will cover all                  operated and are not dominant in their
                                                                                                    navigable waters of the Hudson River                  fields, and governmental jurisdictions
                                           II. Background Information and
                                                                                                    extending 1700 feet from the New Jersey               with populations of less than 50,000.
                                           Regulatory History
                                                                                                    shoreline and approximately 460 feet on               The Coast Guard certifies under 5 U.S.C.
                                              On January 2, 2016, the Coast Guard                   either side of the charted power cable                605(b) that this rule will not have a
                                           received notification of a dielectric oil                between Edgewater, NJ and W 110th                     significant economic impact on a
                                           release from a submerged power cable                     Street, Manhattan, NY.                                substantial number of small entities.
                                           in the Hudson River in the vicinity                         Entry into, transiting, or anchoring                  While some owners or operators of
                                           Edgewater, NJ. In response, on February                  within the safety zone is prohibited                  vessels intending to transit the safety
                                           5, 2016, the Coast Guard published a                     unless authorized by the COTP or a                    zone may be small entities, for the
                                           temporary final rule at 33 CFR 165–                      designated representative. Vessel                     reasons stated in section V.A above, this
                                           T01.0028 (81 FR 246181) establishing a                   operators must contact the COTP or an                 rule will not have a significant
                                           safety zone to be enforced until July 9,                 on-scene representative to obtain                     economic impact on any vessel owner
                                           2016 or until completion of cleanup and                  permission to transit through this safety             or operator.
                                           cable repairs. On May 29, 2016, the                      zone. The COTP or an on-scene                            Under section 213(a) of the Small
                                           Coast Guard received notification that                   representative may be contacted by VHF                Business Regulatory Enforcement
                                           cleanup operations and cable repairs                     Channel 16.                                           Fairness Act of 1996 (Pub. L. 104–121),
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                                           were completed. The Coast Guard                                                                                we want to assist small entities in
                                           received notification of another                         V. Regulatory Analyses                                understanding this rule. If the rule
                                           dielectric oil release from a submerged                    We developed this rule after                        would affect your small business,
                                           power cable in the Hudson River in the                   considering numerous statutes and                     organization, or governmental
                                           vicinity of Edgewater, NJ on June 28,                    executive orders related to rulemaking.               jurisdiction and you have questions
                                           2016.                                                    Below we summarize our analyses                       concerning its provisions or options for


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                                                              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                               47295

                                           compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              § 165.T01–0648 Safety Zone: Hudson
                                           listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                River, Edgewater, NJ.
                                           CONTACT section.                                         will not result in such an expenditure,                 (a) Location. The following area is a
                                              Small businesses may send comments                    we do discuss the effects of this rule                temporary safety zone: All U.S.
                                           on the actions of Federal employees                      elsewhere in this preamble.
                                           who enforce, or otherwise determine                                                                            navigable waters of the Hudson River
                                           compliance with, Federal regulations to                  F. Environment                                        bound by the following points:
                                           the Small Business and Agriculture                         We have analyzed this rule under                    40°48′40.088″ N., 073°58′53.026″ W.;
                                           Regulatory Enforcement Ombudsman                         Department of Homeland Security                       thence to 40°48′34.267″ N.,
                                           and the Regional Small Business                          Management Directive 023–01 and                       073°58′37.096″ W.; thence to
                                           Regulatory Fairness Boards. The                          Commandant Instruction M16475.lD,                     40°48′26.404″ N., 073°58′42.270″ W.;
                                           Ombudsman evaluates these actions                        which guide the Coast Guard in                        thence to 40°48′33.882″ N.,
                                           annually and rates each agency’s                         complying with the National                           073°59′01.955″ W., thence along the
                                           responsiveness to small business. If you                 Environmental Policy Act of 1969 (42                  western shoreline to the point of origin.
                                           wish to comment on actions by                            U.S.C. 4321–4370f), and have                          All coordinates are based on the NAD
                                           employees of the Coast Guard, call 1–                    determined that this action is one of a               83.
                                           888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                         (b) Enforcement period. The safety
                                           Coast Guard will not retaliate against                   individually or cumulatively have a                   zone described in paragraph (a) of this
                                           small entities that question or complain                 significant effect on the human                       section will be enforced from July 10,
                                           about this rule or any policy or action                  environment. This rule involves the                   2016 through July 10, 2017, unless
                                           of the Coast Guard.                                      establishment of a safety zone that will              terminated sooner by the COTP.
                                           C. Collection of Information                             prohibit entry within the dielectric oil
                                                                                                    spill, cleanup, and power cable repair                  (c) Regulations. (1) In accordance with
                                             This rule will not call for a new                      area, and is therefore categorically                  the general regulations in 33 CFR
                                           collection of information under the                      excluded from further review under                    165.23, entry into, transiting, or
                                           Paperwork Reduction Act of 1995 (44                      paragraph 34(g) of Figure 2–1 of the                  anchoring within this safety zone is
                                           U.S.C. 3501–3520).                                       Commandant Instruction. An                            prohibited unless authorized by the
                                           D. Federalism and Indian Tribal                          environmental analysis checklist                      COTP or a designated on scene
                                           Governments                                              supporting this determination and a                   representative.
                                                                                                    Categorical Exclusion Determination                     (3) An ‘‘on-scene representative’’ of
                                              A rule has implications for federalism
                                                                                                    will be available in the docket where                 the COTP is any Coast Guard
                                           under Executive Order 13132,
                                                                                                    indicated under ADDRESSES. We seek                    commissioned, warrant or petty officer
                                           Federalism, if it has a substantial direct
                                                                                                    any comments or information that may                  or a Federal, State or local law
                                           effect on the States, on the relationship
                                                                                                    lead to the discovery of a significant                enforcement officer designated by or
                                           between the national government and
                                                                                                    environmental impact from this rule.
                                           the States, or on the distribution of                                                                          assisting the COTP to act on his behalf.
                                           power and responsibilities among the                     G. Protest Activities                                   (4) Vessel operators must contact the
                                           various levels of government. We have                      The Coast Guard respects the First                  COTP via the Command Center to
                                           analyzed this rule under that Order and                  Amendment rights of protesters.                       obtain permission to enter or operate
                                           have determined that it is consistent                    Protesters are asked to contact the                   within the safety zone. The COTP may
                                           with the fundamental federalism                          person listed in the FOR FURTHER                      be contacted via VHF Channel 16 or at
                                           principles and preemption requirements                   INFORMATION CONTACT section to                        (718) 354–4353. Vessel operators given
                                           described in Executive Order 13132.                      coordinate protest activities so that your
                                              Also, this rule does not have tribal                                                                        permission to enter or operate within
                                                                                                    message can be received without                       the safety zone must comply with all
                                           implications under Executive Order
                                                                                                    jeopardizing the safety or security of                directions given to them by the COTP,
                                           13175, Consultation and Coordination
                                                                                                    people, places or vessels.                            via the Command Center or an on-scene
                                           with Indian Tribal Governments,
                                           because it does not have a substantial                   List of Subjects in 33 CFR Part 165                   representative.
                                           direct effect on one or more Indian                        Harbors, Marine safety, Navigation                    Dated: July 8, 2016.
                                           tribes, on the relationship between the                  (water), Reporting and recordkeeping                  M.H. Day,
                                           Federal Government and Indian tribes,                    requirements, Security measures,                      Captain, U.S. Coast Guard, Captain of the
                                           or on the distribution of power and                      Waterways.                                            Port New York.
                                           responsibilities between the Federal
                                                                                                      For the reasons discussed in the                    [FR Doc. 2016–17332 Filed 7–20–16; 8:45 am]
                                           Government and Indian tribes. If you
                                           believe this rule has implications for                   preamble, the Coast Guard amends 33                   BILLING CODE 9110–04–P

                                           federalism or Indian tribes, please                      CFR part 165 as follows:
                                           contact the person listed in the FOR
                                                                                                    PART 165—REGULATED NAVIGATION
                                           FURTHER INFORMATION CONTACT section
                                                                                                    AREAS AND LIMITED ACCESS AREAS
                                           above.
                                           E. Unfunded Mandates Reform Act                          ■ 1. The authority citation for part 165
                                                                                                    continues to read as follows:
                                             The Unfunded Mandates Reform Act
                                           of 1995 (2 U.S.C. 1531–1538) requires
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                                           Federal agencies to assess the effects of                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           their discretionary regulatory actions. In               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           particular, the Act addresses actions                    Department of Homeland Security Delegation
                                                                                                    No. 0170.1.
                                           that may result in the expenditure by a
                                           State, local, or tribal government, in the               ■ 2. Add § 165.T01–0648 to read as
                                           aggregate, or by the private sector of                   follows:


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Document Created: 2018-02-08 07:59:07
Document Modified: 2018-02-08 07:59:07
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 without actual notice from July 21, 2016 through July 10, 2017. For the purposes of enforcement, actual notice will be used from July 10, 2016 through July 21, 2016.
ContactIf you have questions on this rule, call or email MST1 Kristina Pundt, Waterways Management Division, U.S. Coast Guard Sector New York; telephone 718-354-4352, email [email protected]
FR Citation81 FR 47293 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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