Regulated Navigation Area; Arthur Kill, NY and NJ, 20851-20854 [2014-08233]
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
this training take? Also, is there any
data or information that could be used
to estimate the costs of these maritime
safety training courses and/or programs?
Is it conducted on board by maritime
crew or by outside resources? Who pays
for the maritime safety training courses
and/or programs—the maritime crew/
persons other than crew, or his/her
employer? How many maritime crew/
persons other than crew are trained per
year? What is the cost of training? Please
20851
list your answers in Table 2. (When
answering the question, refer to Table
1–Maritime Safety Training for Persons
Other than Crew on the U.S. OCS.)
TABLE 2—COSTS ASSOCIATED WITH CURRENT TRAINING COURSES/PROGRAMS
Category A
Category B
Category C
Do you provide training similar to that described in Table 1?
What are the costs associated with current training courses and/or program requirements for
U.S. and non-U.S. maritime crew and U.S. and non-U.S. persons other than crew working
on MOUs and OSVs?
How long does this training take?
Also, is there any data or information that could be used to estimate the costs of these maritime safety training courses and/or programs?
Is it conducted on board by maritime crew or by outside resources?
Who pays for the maritime safety training courses and/or programs—the maritime crew/persons other than crew, or his/her employer?
How many maritime crew/persons other than crew are trained per year?
What is the cost of the training?
Q–E4. What are the kinds of beneficial
impacts from safety training? Are there
sources of data or information
documenting the benefits or avoided
costs, which may result from the
maritime safety training courses and/or
programs that are currently required of
the maritime crew and persons other
than crew who work on MOUs and
OSVs?
Q–E5. How effective are these
maritime safety training courses and/or
program requirements in terms of
reducing fatalities, injuries, and
property damage on MOUs and OSVs?
Please provide examples of situations in
which safety training may have been
effective in mitigating the impacts of
emergency situations.
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F. Regulatory Coordination With Other
Federal Agencies
The Coast Guard is also interested in
ways to streamline safety training for
persons other than crew on OSVs and
MOUs with the requirements of other
Federal agencies. We are seeking
comment on specific aspects where
there may be opportunities to improve
coordination.
Q–F1. What opportunities exist for
increased regulatory efficiency and
harmonization of maritime safety
training requirements among Federal
agencies?
Dated: April 6, 2014.
Robert J. Papp Jr.,
Commandant, U.S. Coast Guard.
[FR Doc. 2014–08359 Filed 4–11–14; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–1063]
RIN 1625–AA11
Regulated Navigation Area; Arthur Kill,
NY and NJ
Coast Guard, DHS.
Notice of proposed rulemaking
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a Regulated Navigation Area
(RNA) on the navigable waters of the
Arthur Kill in New York and New Jersey
from December 2014 through October
2018. This proposed rule would allow
the Coast Guard to enforce speed and
wake restrictions and prohibit vessel
traffic through the RNA during bridge
replacement operations on the Goethals
Bridge, both planned and unforeseen,
that could pose an imminent hazard to
persons and vessels operating in the
area. This proposed rule would also
allow the Coast Guard to enforce
navigation restrictions and prohibit
vessel traffic during drilling, blasting,
and dredging operations in support of
the U.S. Army Corps of Engineers
channel deepening project. This
proposed rule is necessary to provide
for the safety of life in the regulated area
during construction on the Goethals
Bridge and the channel deepening
project.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 13, 2014.
DATES:
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Requests for public meetings must be
received by the Coast Guard on or before
May 5, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is (202)
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email BMC Craig D. Lapiejko, First
Coast Guard District, telephone (617)
223–8351, email Craig.D.Lapiejko@
uscg.mil, or LT Hannah Eko, Sector New
York Waterways Management, U.S.
Coast Guard; telephone (718) 354–4114,
email hannah.o.eko@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2013–1063] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–1063) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
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rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before May 5, 2014, using
one of the methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Basis and Purpose
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish RNAs in defined water areas
that are hazardous or in which
hazardous conditions are determined to
exist. See 33 U.S.C. 1231 and
Department of Homeland Security
Delegation No. 0170.1.
The purpose of this proposed
rulemaking is to provide for safety on
the navigable waters in the regulated
area and is prompted by dredging and
bridge construction activities in the
Arthur Kill.
C. Discussion of Proposed Rule
The Coast Guard proposes to establish
a Regulated Navigation Area (RNA) on
the navigable waters of the Arthur Kill.
This RNA would encompass the Arthur
Kill from Port Ivory to the charted
Graselli High Wires north of Pralls
Island. The proposed RNA would be in
effect from December 2014 through
October 2018, and enforced at
intermittent periods during that time.
Dredging activities will resume in a
portion of the Arthur Kill from
December 2014 until December 2015.
These activities may potentially involve
drilling and underwater blasting of
bedrock in the Arthur Kill navigable
channel. Dredging operations may
encroach on portions of the navigable
channel, require the relocation of lateral
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aids to navigation, and create a
reduction in the width of the
navigational channel. While most
activities within the scope of this
project will not require waterway
closures, there are certain tasks that can
only be completed via closing the
waterway.
The Goethals Bridge spans the Arthur
Kill at mile 11.5. The current structure
of the Goethals Bridge will be replaced
with a twin span south of the existing
bridge. Work on the bridge commenced
in December 2013. New eastbound
bridge construction is expected to be
undertaken from January 2013 to
December 2016. New westbound
construction is expected to occur from
April 2013 to December 2017.
Substantial completion of both bridges
is expected to occur in December 2017
with both bridges open at this point.
Demolition of the main span of the
currently existing bridge is expected to
occur in the December 2016 to October
2018 timeframe. The minimum vertical
clearance of the bridge is expected to be
reduced from 139.9′ to 137.9′.
Currently, it is unknown whether
explosives will be utilized for
demolition purposes or whether the
current span will be lowered in
increments into barges placed in the
Arthur Kill. Final completion of the
bridge project is expected to occur in
October 2018.
This proposed rule seeks to enhance
navigational safety and marine
environmental protection, promote
vessel movement by reducing the
potential for collisions, groundings, and
the loss of lives and property, and
ensure the safety of vessels and workers
from hazards associated with bridge
construction operations in the regulated
area.
The Captain of the Port (COTP) New
York will cause notice of enforcement
and suspension of enforcement to be
made by all appropriate means to affect
the widest distribution among the
affected segments of the public. Such
means of notification may include, but
are not limited to, Broadcast Notice to
Mariners, Local Notice to Mariners, or
notices on the Homeport Web site.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
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Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
Although this proposed rule may
restrict access to a small portion of the
Arthur Kill during some drilling,
blasting and some bridge demolition
operations, the effect of this regulation
would not be significant for the
following reasons: The regulated
navigation area would be enforced
during limited intervals of time. We
expect portions of the RNA to be
activated for short period while drilling,
blasting, or bridge demolition
procedures occur. In addition, vessels
may be authorized to enter the zone
with permission of the COTP. In
addition, advance notification for
closures will be made via Local Notice
to Mariners, Broadcast Notice to
Mariners, and at the Homeport Web site.
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels intending to transit
or anchor in a portion of the Arthur Kill
from December 2014 to October 2018.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: although the
regulated navigation area would apply
to the entire width of the river, vessel
traffic would be allowed to pass through
the regulated navigation area by
requesting permission from the COTP.
Before the activation of the regulated
navigation area, we would issue
maritime advisories widely available to
users of the river.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
11. Indian Tribal Governments
6. Protest Activities
12. Energy Effects
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.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
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This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
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that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of a
regulated navigation area. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
preliminary 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 proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–1063 to read as
follows:
■
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§ 165.T01–1063 Regulated Navigation
Area; Arthur Kill, NY and NJ.
(a) Regulated Area. The following area
is a regulated navigation area: all waters
from Port Ivory to Graselli High Wires
north of Pralls Island in the Arthur Kill;
bounded in the northeast by a line
drawn from position 40° 38′43.260″ N,
074° 10′47.208″ W; to a point in position
40°38′52.152″ N, 074° 10′47.748″ W; and
bounded in the southwest by a line
drawn from position 40° 37′8.940″ N,
074° 12′19.116″ W; to a point in position
40° 37′03.252″ N, 074° 12′02.052″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Effective Dates and Enforcement
Periods. This rule is effective from 8:00
a.m. on December 1, 2014 until 5:00
p.m. on October 31, 2018. This rule will
be enforced upon notice by the Captain
of the Port (COTP) New York or the
COTP’s designated representative.
(c) Regulations.
(1) The general regulations contained
in §§ 165.10, 165.11, and 165.13 apply.
(2) In accordance with the general
regulations, entry into, anchoring, or
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movement within the RNA, during
periods of enforcement, is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(3) During periods of enforcement,
entry and movement within the RNA is
subject to a ‘‘Slow-No Wake’’ speed
limit. Vessels may not produce more
than a minimum wake and may not
attain speeds greater than three knots
unless a higher minimum speed is
necessary to maintain steerageway when
traveling with a strong current. In no
case may the wake produced by the
vessel be such that it creates a danger of
injury to persons, or damage to vessels
or structures of any kind.
(4) During periods of enforcement,
upon being hailed by a Coast Guard
vessel by siren, radio, flashing light or
other means, the operator must proceed
as directed.
(5) Vessel operators desiring to enter
or operated within the regulated area
when it is closed shall contact the COTP
or the designated on-scene
representative via VHF channel 16 or
(718) 354–4353 (Sector New York
Command Center) to obtain permission.
(6) Vessel Movement Reporting
System (VMRS) users are prohibited
from meeting or overtaking other vessels
when transiting alongside an active
work area where dredging and drilling
equipment are being operated.
(7) Notwithstanding anything
contained in this section, the Rules of
the Road (33 CFR Chapter I, Subchapter
E, part 83–90 inland navigation rules)
are still in effect and must be strictly
adhered to at all times.
Dated: March 25, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2014–08233 Filed 4–11–14; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[GN Docket Nos. 12–268, 13–185; WT
Docket No. 05–211; DA 14–414]
Wireless Telecommunications Bureau
Seeks Comment on Request for
Clarification or Waiver of the
Commission’s Attributable Material
Relationship Rule
Federal Communications
Commission.
ACTION: Petition for clarification or
waiver, comment requested.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
SUMMARY:
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seeks comment on a request for
clarification or waiver of the
Commission’s ‘‘attributable material
relationship’’ rule.
DATES: Comments are due on or before
April 25, 2014, and reply comments are
due on or before May 9, 2014.
ADDRESSES: All filings in response to
this notice must refer to GN Docket Nos.
12–268, 13–185 and WT Docket No. 05–
211. The Wireless Telecommunications
strongly encourages interested parties to
file comments electronically using the
Commission’s Electronic Comment
Filing System (ECFS). Comments may
be submitted by any of the following
methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
• Paper Filers: Parties who choose to
file by paper must file an original and
five copies of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Attn: WTB/ASAD, Office of
the Secretary, Federal Communications
Commission. All hand-delivered or
messenger-delivered paper filings for
the Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th Street SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building. Commercial
overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class, Express, and
Priority mail must be addressed to 445
12th Street SW., Washington, DC 20554.
People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
All filings must be addressed to the
Commission’s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554.
Parties should also send a copy of their
filings to Kelly A. Quinn, by email to
kelly.quinn@fcc.gov. Parties must also
serve one copy with the Commission’s
copy contractor, Best Copy and Printing,
Inc. (BCPI), Portals II, 445 12th Street
SW., Room CY–B402, Washington, DC
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]]>Agencies
[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20851-20854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08233]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-1063]
RIN 1625-AA11
Regulated Navigation Area; Arthur Kill, NY and NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a Regulated
Navigation Area (RNA) on the navigable waters of the Arthur Kill in New
York and New Jersey from December 2014 through October 2018. This
proposed rule would allow the Coast Guard to enforce speed and wake
restrictions and prohibit vessel traffic through the RNA during bridge
replacement operations on the Goethals Bridge, both planned and
unforeseen, that could pose an imminent hazard to persons and vessels
operating in the area. This proposed rule would also allow the Coast
Guard to enforce navigation restrictions and prohibit vessel traffic
during drilling, blasting, and dredging operations in support of the
U.S. Army Corps of Engineers channel deepening project. This proposed
rule is necessary to provide for the safety of life in the regulated
area during construction on the Goethals Bridge and the channel
deepening project.
DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2014.
Requests for public meetings must be received by the Coast Guard on
or before May 5, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is (202) 366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BMC Craig D. Lapiejko, First Coast Guard District,
telephone (617) 223-8351, email Craig.D.Lapiejko@uscg.mil, or LT Hannah
Eko, Sector New York Waterways Management, U.S. Coast Guard; telephone
(718) 354-4114, email hannah.o.eko@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
[[Page 20852]]
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2013-1063] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2013-1063) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before May 5, 2014, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are hazardous
or in which hazardous conditions are determined to exist. See 33 U.S.C.
1231 and Department of Homeland Security Delegation No. 0170.1.
The purpose of this proposed rulemaking is to provide for safety on
the navigable waters in the regulated area and is prompted by dredging
and bridge construction activities in the Arthur Kill.
C. Discussion of Proposed Rule
The Coast Guard proposes to establish a Regulated Navigation Area
(RNA) on the navigable waters of the Arthur Kill. This RNA would
encompass the Arthur Kill from Port Ivory to the charted Graselli High
Wires north of Pralls Island. The proposed RNA would be in effect from
December 2014 through October 2018, and enforced at intermittent
periods during that time.
Dredging activities will resume in a portion of the Arthur Kill
from December 2014 until December 2015. These activities may
potentially involve drilling and underwater blasting of bedrock in the
Arthur Kill navigable channel. Dredging operations may encroach on
portions of the navigable channel, require the relocation of lateral
aids to navigation, and create a reduction in the width of the
navigational channel. While most activities within the scope of this
project will not require waterway closures, there are certain tasks
that can only be completed via closing the waterway.
The Goethals Bridge spans the Arthur Kill at mile 11.5. The current
structure of the Goethals Bridge will be replaced with a twin span
south of the existing bridge. Work on the bridge commenced in December
2013. New eastbound bridge construction is expected to be undertaken
from January 2013 to December 2016. New westbound construction is
expected to occur from April 2013 to December 2017. Substantial
completion of both bridges is expected to occur in December 2017 with
both bridges open at this point. Demolition of the main span of the
currently existing bridge is expected to occur in the December 2016 to
October 2018 timeframe. The minimum vertical clearance of the bridge is
expected to be reduced from 139.9' to 137.9'.
Currently, it is unknown whether explosives will be utilized for
demolition purposes or whether the current span will be lowered in
increments into barges placed in the Arthur Kill. Final completion of
the bridge project is expected to occur in October 2018.
This proposed rule seeks to enhance navigational safety and marine
environmental protection, promote vessel movement by reducing the
potential for collisions, groundings, and the loss of lives and
property, and ensure the safety of vessels and workers from hazards
associated with bridge construction operations in the regulated area.
The Captain of the Port (COTP) New York will cause notice of
enforcement and suspension of enforcement to be made by all appropriate
means to affect the widest distribution among the affected segments of
the public. Such means of notification may include, but are not limited
to, Broadcast Notice to Mariners, Local Notice to Mariners, or notices
on the Homeport Web site.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory
[[Page 20853]]
Planning and Review, as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under those Orders.
Although this proposed rule may restrict access to a small portion
of the Arthur Kill during some drilling, blasting and some bridge
demolition operations, the effect of this regulation would not be
significant for the following reasons: The regulated navigation area
would be enforced during limited intervals of time. We expect portions
of the RNA to be activated for short period while drilling, blasting,
or bridge demolition procedures occur. In addition, vessels may be
authorized to enter the zone with permission of the COTP. In addition,
advance notification for closures will be made via Local Notice to
Mariners, Broadcast Notice to Mariners, and at the Homeport Web site.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of the Arthur Kill from
December 2014 to October 2018.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons:
although the regulated navigation area would apply to the entire width
of the river, vessel traffic would be allowed to pass through the
regulated navigation area by requesting permission from the COTP.
Before the activation of the regulated navigation area, we would issue
maritime advisories widely available to users of the river.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination
[[Page 20854]]
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule involves the establishment of a
regulated navigation area. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary 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 proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-1063 to read as follows:
Sec. 165.T01-1063 Regulated Navigation Area; Arthur Kill, NY and NJ.
(a) Regulated Area. The following area is a regulated navigation
area: all waters from Port Ivory to Graselli High Wires north of Pralls
Island in the Arthur Kill; bounded in the northeast by a line drawn
from position 40[deg] 38'43.260'' N, 074[deg] 10'47.208'' W; to a point
in position 40[deg]38'52.152'' N, 074[deg] 10'47.748'' W; and bounded
in the southwest by a line drawn from position 40[deg] 37'8.940'' N,
074[deg] 12'19.116'' W; to a point in position 40[deg] 37'03.252'' N,
074[deg] 12'02.052'' W. All geographic coordinates are North American
Datum of 1983 (NAD 83).
(b) Effective Dates and Enforcement Periods. This rule is effective
from 8:00 a.m. on December 1, 2014 until 5:00 p.m. on October 31, 2018.
This rule will be enforced upon notice by the Captain of the Port
(COTP) New York or the COTP's designated representative.
(c) Regulations.
(1) The general regulations contained in Sec. Sec. 165.10, 165.11,
and 165.13 apply.
(2) In accordance with the general regulations, entry into,
anchoring, or movement within the RNA, during periods of enforcement,
is prohibited unless authorized by the COTP or the COTP's designated
representative.
(3) During periods of enforcement, entry and movement within the
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not
produce more than a minimum wake and may not attain speeds greater than
three knots unless a higher minimum speed is necessary to maintain
steerageway when traveling with a strong current. In no case may the
wake produced by the vessel be such that it creates a danger of injury
to persons, or damage to vessels or structures of any kind.
(4) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator must proceed as directed.
(5) Vessel operators desiring to enter or operated within the
regulated area when it is closed shall contact the COTP or the
designated on-scene representative via VHF channel 16 or (718) 354-4353
(Sector New York Command Center) to obtain permission.
(6) Vessel Movement Reporting System (VMRS) users are prohibited
from meeting or overtaking other vessels when transiting alongside an
active work area where dredging and drilling equipment are being
operated.
(7) Notwithstanding anything contained in this section, the Rules
of the Road (33 CFR Chapter I, Subchapter E, part 83-90 inland
navigation rules) are still in effect and must be strictly adhered to
at all times.
Dated: March 25, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2014-08233 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P
