Regulated Navigation Area; Hudson River and Port of NY/NJ, 39839-39842 [2010-16371]

Download as PDF Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. [FR Doc. 2010–15848 Filed 7–12–10; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–1056] RIN 1625–AA11 Regulated Navigation Area; Hudson River and Port of NY/NJ Coast Guard, DHS. Temporary interim rule with request for comments. AGENCY: jlentini on DSKJ8SOYB1PROD with RULES ACTION: SUMMARY: The Coast Guard is establishing a regulated navigation area (RNA) from Port Coeymans, New York on the Hudson River to Jersey City, New Jersey on Upper New York Bay, and from Jersey City to the Willis Avenue Bridge site on the Harlem River, New York, including all waters of the East River between these two locations. This action is necessary to provide for the safety of life on the navigable waters during the load out and transit of the Willis Avenue Bridge replacement span. DATES: This rule is effective from July 13, 2010 through October 31, 2010. The RNA will be enforced from 3 a.m. on Monday, July 12, 2000, to 11:30 p.m. on Saturday, August 7, 2010. Comments and related material must reach the Coast Guard on or before August 12, 2010. Requests for public meetings must be received by the Coast Guard on or before August 12, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 1056 and are available online by going to https://www.regulations.gov, inserting USCG–2009–1056 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may submit comments identified by docket number USCG–2009–1056 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey VerDate Mar<15>2010 16:12 Jul 12, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: If you have questions on this interim rule, call or e-mail Mr. Jeff Yunker, Waterways Management Division at Coast Guard Sector New York, telephone 718–354–4195, e-mail Jeff.M.Yunker@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: 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. As this temporary interim rule will be in effect before the end of the comment period, the Coast Guard will evaluate and revise this rule as necessary to address significant public comments. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2009–1056), 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 (via 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 via https:// www.regulations.gov, 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 e-mail address, or a telephone number in the PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 39839 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, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2009–1056’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit 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 this rule based on your comments. 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, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2010– 0176’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. 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. We have an agreement with the Department of Transportation to use the Docket Management Facility. 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). Public Meeting We do not now plan to hold a public meeting. You may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid revising this rule, we will hold one at a time and place announced by a later notice in the Federal Register. E:\FR\FM\13JYR1.SGM 13JYR1 39840 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations jlentini on DSKJ8SOYB1PROD with RULES Regulatory Information The Coast Guard is issuing this temporary interim 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 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. This rule establishes an RNA to provide for the safety of life on the navigable waters during the load out and transit of the Willis Avenue Bridge replacement span. It is impracticable to issue an NPRM and take public comment before July 12, 2010, when the load out and transit is scheduled to begin. Due to delays on other construction projects in the Gulf of Mexico, the calendar dates for the load out and transit were not confirmed until early May 2010. This delayed the projected arrival of specialized self propelled transporters necessary to move the Willis Avenue Bridge replacement span from its construction site at Port Coeymans, New York onto the barges transporting the bridge span to its installation site on the Harlem River in New York City. This in turn delayed the dates for all of the subsequent restrictions. Delaying either the bridge load out and transit, or creation of the RNA, is contrary to the public interest because the bridge will be a public convenience and because the RNA will provide for public safety by safeguarding both mariners and construction workers during the bridge’s construction and transportation of the replacement bridge span. We are requesting public comment on the RNA, and if we receive public input that indicates a need to revise the RNA or the conditions it imposes, or raises any other significant public concerns, we will address those concerns prior to issuing any final rule. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. 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 determined to have hazardous conditions and in which vessel traffic can be regulated in the interest of safety. VerDate Mar<15>2010 16:12 Jul 12, 2010 Jkt 220001 See 33 U.S.C. 1231 and Department of Homeland Security Delegation No. 0170.1. The New York City Department of Transportation is replacing the Willis Avenue Bridge over the Harlem River. The replacement bridge span for this project is being constructed at Port Coeymans, NY on the Hudson River, approximately 115 nautical miles north of The Battery, Manhattan, NY. The transfer of the bridge span from the Port Coeymans Terminal to two Weeks Marine barges and transit to the installation site on the Harlem River is scheduled for the week of July 12, 2010. The week of July 19, 2010 will be used as a contingency in case of delays. The installation of the bridge span on the Harlem River is scheduled for August 2, 2010. The load out of the new Willis Avenue Bridge span involves large machinery and construction vessel operations above and upon the navigable waters between Port Coeymans on the Hudson River, Upper New York Bay, the East River, and the bridge installation site at mile 1.5 on the Harlem River. Heavy-lift operations are sensitive to water movement, and wake from passing vessels could pose significant risk of injury or death to construction workers. The ongoing operations are, by their nature, hazardous and pose risks both to recreational and commercial vessel traffic and the bridge construction crew. In order to mitigate the inherent risks involved in the construction, it is necessary to control vessel movement through the area. The Coast Guard negotiated the terms of necessary navigation restrictions with the Kiewit and Weeks Marine contractors, and with Hudson River and Sandy Hook Pilots. Discussion of Rule This temporary interim rule establishes an RNA on designated waters on the Hudson River and in the New York City area. It is intended to ensure the safety of the public and vessels during the transfer and transit of the 363 foot long bridge span from Port Coeymans, NY to the Harlem River, NY via Upper New York Bay and Buttermilk Channel. The enforcement times given in this discussion for the various restrictions depend on transit conditions and may be changed due to inclement weather or other circumstances. Changes will be provided to the public by the on scene patrol vessels, Coast Guard Vessel Traffic Service New York, and/or Safety Voice Broadcasts. Except for persons or vessels authorized by the Coast Guard Captain of the Port New York or the PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 designated representative, no person or vessel may enter or remain in the RNA during the enforcement period. No vessels will be authorized between Hudson River Light 191 LLNR 38865 and Hudson River Light 193 LLNR 38875 at Coeymans, NY from 3 a.m. on Monday, July 12, 2010 until 8 a.m. on Tuesday, July 13, 2010. In case of inclement weather or construction delays this restriction will be established from 7 a.m. on Monday, July 19, 2010 until 7 a.m. on Tuesday, July 20, 2010. No vessels will be authorized within 100 yards of the two Weeks Marine barges once the bridge span has been loaded onto the barges at Port Coeymans. Vessels will be required to transit at No Wake speed when passing the two Weeks Marine barges. A No Meeting and No Overtaking zone will be established as the barges and bridge span transit from Port Coeymans to just south of the entrance to Rondout Creek. This zone will be established on Tuesday, July 13, 2010 or Wednesday, July 14, 2010 for approximately 9 hours and 30 minutes based on the expected transit speed of 4 knots. In case of inclement weather or construction delays this restriction will be established from 5:30 a.m. to 3 p.m. on Tuesday, July 20, 2010. A No Meeting and No Overtaking zone will be established as the barges and bridge span transit between the eastern and western sections of Anchorage Ground No. 19 on the Hudson River. This zone will be established for approximately 60 minutes on Tuesday, July 13, or Wednesday, July 14, 2010, based on the expected transit speed of 4 knots. In case of inclement weather or construction delays this restriction will be established from 7:45 a.m. to 8:45 a.m. on Wednesday, July 21, 2010. A No Meeting and No Overtaking zone will be established as the barges and bridge span transit Buttermilk Channel from its entrance at Anchorage Channel until the barges pass the northwest corner of Pier 2, Brooklyn. This zone will be established on Wednesday, July 14, 2010 from approximately 11 a.m. to 11:45 a.m. based on the expected transit speed of 4 knots. The East River will be closed to all other vessel traffic between the Con Ed East River Generating Station at East 14th Street, Manhattan, and the Hell Gate Railroad Bridge at river mile 8.2. This restriction will be established on Wednesday, July 14, 2010 from approximately 12:20 p.m. to 1:45 p.m. based on the expected transit speed of 4 knots. E:\FR\FM\13JYR1.SGM 13JYR1 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations The Harlem River will be closed to all other vessel traffic between the 125th Street/Triborough/RFK Bridge (mile 1.3) and 500 feet north of the Willis Ave Bridge (mile 1.5). This restriction will be established on Monday, August 2, 2010 from approximately 5 a.m. to 6 p.m. during the installation of the bridge span. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. jlentini on DSKJ8SOYB1PROD with RULES Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule will not be significant due to the limited duration that the regulated area would be in effect and enforced. Also, the Hudson River closure during the transfer of the bridge span from shore to the barges has been scheduled on a weekday when it is expected to have minimal impact on recreational vessels. The Harlem River closure will be coordinated with vessel operators that regularly schedule Manhattan Island tours. In addition, advance notifications will be made to the maritime community via the Local Notice to Mariners, marine information broadcasts and online at https://homeport.uscg.mil/newyork. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Hudson, East and VerDate Mar<15>2010 16:12 Jul 12, 2010 Jkt 220001 39841 Harlem Rivers and Upper New York Bay south of 42°29′11.692″ N, 073°47′14.142″ W (Hudson River LIGHT 193 LLNR 38875) from 3 a.m. on July 12, 2010 to 11:30 p.m. on August 7, 2010. This RNA will not have a significant economic impact on a substantial number of small entities for the following reasons: The RNA will only stop vessels from transiting three specified locations on the Hudson, Harlem, and East Rivers, the 24-hour closure of the Hudson River at Port Coeymans has been scheduled on a weekday to reduce the impact to recreational vessels that are more prevalent on weekends, the East River closure between the Con Ed East River Generating Station and the Hell Gate Railroad Bridge will only be in effect for approximately 85 minutes and vessels can adjust their schedules, the Harlem River closure at the bridge installation site will be coordinated with vessel operators that regularly schedule Manhattan Island tours; the No Meeting and No Overtaking zones are established in areas identified by Weeks Marine, Hudson River and Sandy Hook Pilots as requiring additional safety measures due to the waterway characteristics and characteristics of vessels using the waterways in those locations. Before the effective period, we will issue maritime advisories widely available to users of the waterway. Reduction Act of 1995 (44 U.S.C. 3501– 3520). Assistance for Small Entities Civil Justice Reform Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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. Collection of Information This rule calls for no new collection of information under the Paperwork PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. E:\FR\FM\13JYR1.SGM 13JYR1 39842 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. jlentini on DSKJ8SOYB1PROD with RULES Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves the establishing of a RNA and therefore falls within the categorical exclusion noted above. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. Any comments received concerning environmental impacts will be considered and changes VerDate Mar<15>2010 16:12 Jul 12, 2010 Jkt 220001 made to the environmental analysis checklist and categorical exclusion determination as appropriate. 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 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.t01–1056 to read as follows: ■ § 165.t01–1056 Regulated Navigation Area; Hudson River and Port of New York and New Jersey. (a) Description of the regulated navigation area (RNA). The regulated area includes all waters of the Hudson River south of 42°29′11.692″ N, 073°47′14.142″ W (Hudson River LIGHT 193 LLNR 38875), all waters of Upper New York Bay north of a line drawn from the northeast corner of the Global Container and Northeast Auto Terminal to the northwest corner of Pier 41, Red Hook Brooklyn, all waters of the East River from The Battery to the Hell Gate Railroad Bridge at river mile 8.2, and all waters of the Harlem River from the Harlem River Foot Bridge at river mile 0.0 to 500 feet north of the Willis Avenue Bridge at river mile 1.5. (b) Definitions: (1) Designated representative means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port New York (COTP). (2) Weeks Marine barges means a barge operated by the Weeks Marine Company. (c) Regulations. In addition to 33 CFR 165.10, 165.11, and 165.13, the following restrictions or conditions apply within this RNA: (1) No person or vessel may enter, transit, or remain in the RNA on the Hudson River between 42°28′42.100″ N, 073°47′19.100″ W (Hudson River LIGHT 191 LLNR 38865) and 42°29′11.692″ N, 073°47′14.142″ W (Hudson River LIGHT 193 LLNR 38875); on the East River between 40°43′36.210″ N, 073°58′17.750″ W, at the Con Ed East River Generating Station at East 14th PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 Street Manhattan and the Hell Gate Railroad Bridge at river mile 8.2; on the Harlem River between the 125th Street/ Triborough/RFK Bridge (mile 1.3) and 500 feet north of the Willis Ave Bridge (mile 1.5). (2) No commercial vessel may meet, or overtake, the Weeks Marine barges when they are transiting the following waters: (i) The Hudson River from Port Coeymans, NY to 41°54′59.712″ N, 073°57′36.126″ W (Hudson River Lighted Buoy 73 LLNR 38183) 500 yards south of the entrance to Rondout Creek. (ii) The Hudson River between the eastern and western sections of Anchorage Ground No. 19. (iii) Buttermilk Channel from its entrance at Anchorage Channel, about 175 yards north of 40°40′18.971″ N, 074°02′24.006″ W (Gowanus Flats Lighted Bell Buoy 32 LLNR 34990) until the barges pass the northwest corner of Pier 2 Brooklyn. (iv) The Harlem River from the 103rd Street Foot Bridge (mile 0.0) to the Willis Ave Bridge at mile 1.5. (2) No vessels are authorized within 100 yards of the two Weeks Marine barges while carrying the bridge span. (3) All vessels must transit at reduced speed to minimize wake and surge when transiting past the Weeks Marine barges carrying the bridge span. (4) All persons and vessels shall comply with the instructions of the COTP or the designated representative. Upon being hailed by a U.S. Coast Guard or other law enforcement vessel by siren, radio, flashing light, or other means the operator of a vessel shall proceed as directed. (5) Vessel operators desiring to enter or operate within the RNA shall request permission to do so by contacting the COTP at 203–354–4195, or VTS NY via VHF Channel 13 or 16. (d) Enforcement Period: The RNA will be enforced from 3 a.m. on Monday, July 12, 2010, to 11:30 p.m. on Saturday, August 7, 2010. Dated: June 4, 2010. D.A. Neptun, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2010–16371 Filed 7–12–10; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\13JYR1.SGM 13JYR1

Agencies

[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39839-39842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16371]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1056]
RIN 1625-AA11


Regulated Navigation Area; Hudson River and Port of NY/NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) from Port Coeymans, New York on the Hudson River to Jersey City, 
New Jersey on Upper New York Bay, and from Jersey City to the Willis 
Avenue Bridge site on the Harlem River, New York, including all waters 
of the East River between these two locations. This action is necessary 
to provide for the safety of life on the navigable waters during the 
load out and transit of the Willis Avenue Bridge replacement span.

DATES: This rule is effective from July 13, 2010 through October 31, 
2010. The RNA will be enforced from 3 a.m. on Monday, July 12, 2000, to 
11:30 p.m. on Saturday, August 7, 2010. Comments and related material 
must reach the Coast Guard on or before August 12, 2010. Requests for 
public meetings must be received by the Coast Guard on or before August 
12, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-1056 and are available online 
by going to https://www.regulations.gov, inserting USCG-2009-1056 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may submit comments identified by docket number USCG-2009-1056 
using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or e-mail Mr. Jeff Yunker, Waterways Management Division at 
Coast Guard Sector New York, telephone 718-354-4195, e-mail 
Jeff.M.Yunker@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

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.
    As this temporary interim rule will be in effect before the end of 
the comment period, the Coast Guard will evaluate and revise this rule 
as necessary to address significant public comments.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-1056), 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 (via 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 via https://www.regulations.gov, 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 e-mail 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-1056'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit 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 this rule 
based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0176'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

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).

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid revising this rule, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

[[Page 39840]]

Regulatory Information

    The Coast Guard is issuing this temporary interim 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 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. This rule establishes an RNA to provide for the safety of 
life on the navigable waters during the load out and transit of the 
Willis Avenue Bridge replacement span. It is impracticable to issue an 
NPRM and take public comment before July 12, 2010, when the load out 
and transit is scheduled to begin. Due to delays on other construction 
projects in the Gulf of Mexico, the calendar dates for the load out and 
transit were not confirmed until early May 2010. This delayed the 
projected arrival of specialized self propelled transporters necessary 
to move the Willis Avenue Bridge replacement span from its construction 
site at Port Coeymans, New York onto the barges transporting the bridge 
span to its installation site on the Harlem River in New York City. 
This in turn delayed the dates for all of the subsequent restrictions. 
Delaying either the bridge load out and transit, or creation of the 
RNA, is contrary to the public interest because the bridge will be a 
public convenience and because the RNA will provide for public safety 
by safeguarding both mariners and construction workers during the 
bridge's construction and transportation of the replacement bridge 
span. We are requesting public comment on the RNA, and if we receive 
public input that indicates a need to revise the RNA or the conditions 
it imposes, or raises any other significant public concerns, we will 
address those concerns prior to issuing any final rule. For the same 
reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register.

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 determined 
to have hazardous conditions and in which vessel traffic can be 
regulated in the interest of safety. See 33 U.S.C. 1231 and Department 
of Homeland Security Delegation No. 0170.1.
    The New York City Department of Transportation is replacing the 
Willis Avenue Bridge over the Harlem River. The replacement bridge span 
for this project is being constructed at Port Coeymans, NY on the 
Hudson River, approximately 115 nautical miles north of The Battery, 
Manhattan, NY. The transfer of the bridge span from the Port Coeymans 
Terminal to two Weeks Marine barges and transit to the installation 
site on the Harlem River is scheduled for the week of July 12, 2010. 
The week of July 19, 2010 will be used as a contingency in case of 
delays. The installation of the bridge span on the Harlem River is 
scheduled for August 2, 2010.
    The load out of the new Willis Avenue Bridge span involves large 
machinery and construction vessel operations above and upon the 
navigable waters between Port Coeymans on the Hudson River, Upper New 
York Bay, the East River, and the bridge installation site at mile 1.5 
on the Harlem River. Heavy-lift operations are sensitive to water 
movement, and wake from passing vessels could pose significant risk of 
injury or death to construction workers. The ongoing operations are, by 
their nature, hazardous and pose risks both to recreational and 
commercial vessel traffic and the bridge construction crew. In order to 
mitigate the inherent risks involved in the construction, it is 
necessary to control vessel movement through the area. The Coast Guard 
negotiated the terms of necessary navigation restrictions with the 
Kiewit and Weeks Marine contractors, and with Hudson River and Sandy 
Hook Pilots.

Discussion of Rule

    This temporary interim rule establishes an RNA on designated waters 
on the Hudson River and in the New York City area. It is intended to 
ensure the safety of the public and vessels during the transfer and 
transit of the 363 foot long bridge span from Port Coeymans, NY to the 
Harlem River, NY via Upper New York Bay and Buttermilk Channel. The 
enforcement times given in this discussion for the various restrictions 
depend on transit conditions and may be changed due to inclement 
weather or other circumstances. Changes will be provided to the public 
by the on scene patrol vessels, Coast Guard Vessel Traffic Service New 
York, and/or Safety Voice Broadcasts. Except for persons or vessels 
authorized by the Coast Guard Captain of the Port New York or the 
designated representative, no person or vessel may enter or remain in 
the RNA during the enforcement period.
    No vessels will be authorized between Hudson River Light 191 LLNR 
38865 and Hudson River Light 193 LLNR 38875 at Coeymans, NY from 3 a.m. 
on Monday, July 12, 2010 until 8 a.m. on Tuesday, July 13, 2010. In 
case of inclement weather or construction delays this restriction will 
be established from 7 a.m. on Monday, July 19, 2010 until 7 a.m. on 
Tuesday, July 20, 2010.
    No vessels will be authorized within 100 yards of the two Weeks 
Marine barges once the bridge span has been loaded onto the barges at 
Port Coeymans. Vessels will be required to transit at No Wake speed 
when passing the two Weeks Marine barges.
    A No Meeting and No Overtaking zone will be established as the 
barges and bridge span transit from Port Coeymans to just south of the 
entrance to Rondout Creek. This zone will be established on Tuesday, 
July 13, 2010 or Wednesday, July 14, 2010 for approximately 9 hours and 
30 minutes based on the expected transit speed of 4 knots. In case of 
inclement weather or construction delays this restriction will be 
established from 5:30 a.m. to 3 p.m. on Tuesday, July 20, 2010.
    A No Meeting and No Overtaking zone will be established as the 
barges and bridge span transit between the eastern and western sections 
of Anchorage Ground No. 19 on the Hudson River. This zone will be 
established for approximately 60 minutes on Tuesday, July 13, or 
Wednesday, July 14, 2010, based on the expected transit speed of 4 
knots. In case of inclement weather or construction delays this 
restriction will be established from 7:45 a.m. to 8:45 a.m. on 
Wednesday, July 21, 2010.
    A No Meeting and No Overtaking zone will be established as the 
barges and bridge span transit Buttermilk Channel from its entrance at 
Anchorage Channel until the barges pass the northwest corner of Pier 2, 
Brooklyn. This zone will be established on Wednesday, July 14, 2010 
from approximately 11 a.m. to 11:45 a.m. based on the expected transit 
speed of 4 knots.
    The East River will be closed to all other vessel traffic between 
the Con Ed East River Generating Station at East 14th Street, 
Manhattan, and the Hell Gate Railroad Bridge at river mile 8.2. This 
restriction will be established on Wednesday, July 14, 2010 from 
approximately 12:20 p.m. to 1:45 p.m. based on the expected transit 
speed of 4 knots.

[[Page 39841]]

    The Harlem River will be closed to all other vessel traffic between 
the 125th Street/Triborough/RFK Bridge (mile 1.3) and 500 feet north of 
the Willis Ave Bridge (mile 1.5). This restriction will be established 
on Monday, August 2, 2010 from approximately 5 a.m. to 6 p.m. during 
the installation of the bridge span.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule will not be significant 
due to the limited duration that the regulated area would be in effect 
and enforced. Also, the Hudson River closure during the transfer of the 
bridge span from shore to the barges has been scheduled on a weekday 
when it is expected to have minimal impact on recreational vessels. The 
Harlem River closure will be coordinated with vessel operators that 
regularly schedule Manhattan Island tours.
    In addition, advance notifications will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts and online at https://homeport.uscg.mil/newyork.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in a portion of the Hudson, East and Harlem Rivers and Upper 
New York Bay south of 42[deg]29'11.692'' N, 073[deg]47'14.142'' W 
(Hudson River LIGHT 193 LLNR 38875) from 3 a.m. on July 12, 2010 to 
11:30 p.m. on August 7, 2010.
    This RNA will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The RNA 
will only stop vessels from transiting three specified locations on the 
Hudson, Harlem, and East Rivers, the 24-hour closure of the Hudson 
River at Port Coeymans has been scheduled on a weekday to reduce the 
impact to recreational vessels that are more prevalent on weekends, the 
East River closure between the Con Ed East River Generating Station and 
the Hell Gate Railroad Bridge will only be in effect for approximately 
85 minutes and vessels can adjust their schedules, the Harlem River 
closure at the bridge installation site will be coordinated with vessel 
operators that regularly schedule Manhattan Island tours; the No 
Meeting and No Overtaking zones are established in areas identified by 
Weeks Marine, Hudson River and Sandy Hook Pilots as requiring 
additional safety measures due to the waterway characteristics and 
characteristics of vessels using the waterways in those locations. 
Before the effective period, we will issue maritime advisories widely 
available to users of the waterway.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.

[[Page 39842]]

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishing of a 
RNA and therefore falls within the categorical exclusion noted above. 
An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES. Any comments received concerning environmental impacts will 
be considered and changes made to the environmental analysis checklist 
and categorical exclusion determination as appropriate.

List of Subjects in 33 CFR Part 165

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

0
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. 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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.t01-1056 to read as follows:


Sec.  165.t01-1056  Regulated Navigation Area; Hudson River and Port of 
New York and New Jersey.

    (a) Description of the regulated navigation area (RNA). The 
regulated area includes all waters of the Hudson River south of 
42[deg]29'11.692'' N, 073[deg]47'14.142'' W (Hudson River LIGHT 193 
LLNR 38875), all waters of Upper New York Bay north of a line drawn 
from the northeast corner of the Global Container and Northeast Auto 
Terminal to the northwest corner of Pier 41, Red Hook Brooklyn, all 
waters of the East River from The Battery to the Hell Gate Railroad 
Bridge at river mile 8.2, and all waters of the Harlem River from the 
Harlem River Foot Bridge at river mile 0.0 to 500 feet north of the 
Willis Avenue Bridge at river mile 1.5.
    (b) Definitions: (1) Designated representative means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port New York (COTP).
    (2) Weeks Marine barges means a barge operated by the Weeks Marine 
Company.
    (c) Regulations. In addition to 33 CFR 165.10, 165.11, and 165.13, 
the following restrictions or conditions apply within this RNA:
    (1) No person or vessel may enter, transit, or remain in the RNA on 
the Hudson River between 42[deg]28'42.100'' N, 073[deg]47'19.100'' W 
(Hudson River LIGHT 191 LLNR 38865) and 42[deg]29'11.692'' N, 
073[deg]47'14.142'' W (Hudson River LIGHT 193 LLNR 38875); on the East 
River between 40[deg]43'36.210'' N, 073[deg]58'17.750'' W, at the Con 
Ed East River Generating Station at East 14th Street Manhattan and the 
Hell Gate Railroad Bridge at river mile 8.2; on the Harlem River 
between the 125th Street/Triborough/RFK Bridge (mile 1.3) and 500 feet 
north of the Willis Ave Bridge (mile 1.5).
    (2) No commercial vessel may meet, or overtake, the Weeks Marine 
barges when they are transiting the following waters:
    (i) The Hudson River from Port Coeymans, NY to 41[deg]54'59.712'' 
N, 073[deg]57'36.126'' W (Hudson River Lighted Buoy 73 LLNR 38183) 500 
yards south of the entrance to Rondout Creek. (ii) The Hudson River 
between the eastern and western sections of Anchorage Ground No. 19.
    (iii) Buttermilk Channel from its entrance at Anchorage Channel, 
about 175 yards north of 40[deg]40'18.971'' N, 074[deg]02'24.006'' W 
(Gowanus Flats Lighted Bell Buoy 32 LLNR 34990) until the barges pass 
the northwest corner of Pier 2 Brooklyn.
    (iv) The Harlem River from the 103rd Street Foot Bridge (mile 0.0) 
to the Willis Ave Bridge at mile 1.5.
    (2) No vessels are authorized within 100 yards of the two Weeks 
Marine barges while carrying the bridge span.
    (3) All vessels must transit at reduced speed to minimize wake and 
surge when transiting past the Weeks Marine barges carrying the bridge 
span.
    (4) All persons and vessels shall comply with the instructions of 
the COTP or the designated representative. Upon being hailed by a U.S. 
Coast Guard or other law enforcement vessel by siren, radio, flashing 
light, or other means the operator of a vessel shall proceed as 
directed.
    (5) Vessel operators desiring to enter or operate within the RNA 
shall request permission to do so by contacting the COTP at 203-354-
4195, or VTS NY via VHF Channel 13 or 16.
    (d) Enforcement Period: The RNA will be enforced from 3 a.m. on 
Monday, July 12, 2010, to 11:30 p.m. on Saturday, August 7, 2010.

    Dated: June 4, 2010.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-16371 Filed 7-12-10; 8:45 am]
BILLING CODE 9110-04-P