Safety Zone; Hudson River, Anchorage Ground 19-W, 6181-6183 [2016-02276]
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02276]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
[Docket Number USCG-2016-0028]
Safety Zone; Hudson River, Anchorage Ground 19-W
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Hudson River in the vicinity of Anchorage Ground 19-W.
This zone is intended to restrict vessels from a portion of the Hudson
River due to the presence of a dielectric oil leak from a submerged
power cable, and the hazards associated with the cable repair vessels.
This temporary safety zone is necessary to protect people and vessels
from the hazards associated with this event. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port New York.
DATES: This rule is effective without actual notice from February 5,
2016 through July 9, 2016. For the purposes of enforcement, actual
notice will be used from January 12, 2016 through February 5, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0028 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Kristina Pundt, Waterways Management
Division, U.S. Coast Guard Sector New York; telephone 718-354-4352,
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard received notification of the dielectric oil release from a
submerged power cable on January 2, 2016. Thus, waiting for a notice
and comment period to run would inhibit the Coast Guard from protecting
the public and vessels from the possible hazards associated with this
dielectric oil leak and the hazards associated with the cable repairs.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. For the same reasons
discussed in the preceding paragraph, waiting for a 30 day notice
period to run would be impracticable and contrary to the public
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port New York (COTP) has
determined that a temporary safety zone is necessary to ensure the
safety of vessels from the hazards associated with this dielectric oil
leak and power cable repairs.
Establishing a safety zone to control vessel movements around the
location of the dielectric oil leak will help ensure the safety of
persons and property during assessment and response activities and help
minimize the associated risks. Therefore, this rule will remain in
effect for the time stated herein but will be cancelled if response
activities are finished cease before July 9, 2016. The preliminary
estimate for completion of the clean-up and cable repairs is February
11, 2016. This TFR provides for an extended enforcement period in case
of unforeseen circumstances that prevent the contractors from
completing the repairs within their initial estimated timeline.
IV. Discussion of the Rule
This rule establishes a safety zone from January 12, 2016 through
July 9, 2016. The safety zone will cover all navigable waters of
Anchorage Ground 19-W and the Hudson River within an area approximately
870-930 yards wide and 1,330-1,335 yards long near Edgewater, NJ.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP or a designated
representative. Vessel operators must contact the COTP or an on-scene
representative to obtain permission to transit through this safety
zone. The COTP or an on-scene representative may be contacted by VHF
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
E.O.s related to rulemaking. Below we summarize our analyses based on
statutes and E.O.s, and we discuss First Amendment rights of
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, and will not adversely alter
the budget of any grant or loan recipients. Vessel traffic will be able
to safely transit around this safety zone. This safety zone only
affects a small-designated area of the Hudson River waterway for a
relatively short duration. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a safety zone for approximately 30
days that will prohibit entry within the dielectric oil spill, cleanup,
and power cable repair area, and is therefore categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination will be in
the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
2. Add Sec. 165.T01-0028 to read as follows:
Sec. 165.T01-0028 Safety Zone: Hudson River, Anchorage Ground 19-W.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the Hudson River bound by the following
points: 40[deg]48'56.00'' N., 073[deg]58'47.08'' W.; thence to
40[deg]48'42.96'' N., 073[deg]58'15.00'' W.; thence to
40[deg]48'08.04'' N., 073[deg]58'38.82'' W.; thence to
40[deg]48'19.84'' N., 073[deg]59'09.31'' W., thence along the western
shoreline to the point of origin. All coordinates are North American
Datum 1983 (NAD 83).
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from January 12, 2016 until July 9,
2016, unless terminated sooner by the COTP.
(c) Regulations. (1) In accordance with the general regulations in
33 CFR 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP or his designated on
(2) A ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State or local law
enforcement officer designated by or assisting the COTP to act on his
(3) Vessel operators must contact the COTP via the Command Center
to obtain permission to enter or operate within the safety zone. The
COTP may be contacted via VHF Channel 16 or at (718) 354-4353. Vessel
operators given permission to enter or operate within the safety zone
must comply with all directions given to them by the COTP, via the
Command Center or an on-scene representative.
Dated: January 12, 2016.
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-02276 Filed 2-4-16; 8:45 am]
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