Safety Zone; Arthur Kill and Old Place Creek, Elizabeth, NJ and Staten Island, NY, 62253-62256 [2018-26187]
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
2018 through 8 p.m. on December 4,
2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into or remaining within
this zone is prohibited unless
authorized by the Captain of the Port
Sector New Orleans (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67 or by
telephone at (504) 365–2200.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
Dated: November 27, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–26147 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2018–1002]
RIN 1625–AA00
Safety Zone; Arthur Kill and Old Place
Creek, Elizabeth, NJ and Staten Island,
NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-yard
radius of the old Goethals Bridge Pier C
on the Staten Island, NY side of the
Federal navigation channel. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by
underwater explosives demolition of
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SUMMARY:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York and
New Jersey
DHS Department of Homeland Security
FR Federal Register
First District USCG First District Bridge
Administration
NPRM Notice of proposed rulemaking
PANYNJ Port Authority of NY and NJ
RNA Regulated Navigation Area
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
33 CFR Part 165
ACTION:
Pier C. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port New York and New Jersey or a
designated representative.
DATES: This rule is effective without
actual notice from December 3, 2018
through December 31, 2018. For the
purposes of enforcement, actual notice
will be used from November 11, 2018
through December 3, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1002 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Craig Lapiejko, Waterways
Management, First Coast Guard District;
telephone (617) 223–8351, email
Craig.D.Lapiejko@uscg.mil. You may
also call or email Mr. Jeff Yunker,
Waterways Management Division, U.S.
Coast Guard Sector New York,
telephone (718) 354–4195, email
Jeff.M.Yunker@uscg.mil.
SUPPLEMENTARY INFORMATION:
Jkt 247001
On April 14, 2014 the Coast Guard
published a NPRM entitled ‘‘Regulated
Navigation Area; Arthur Kill, NY and
NJ’’ in the Federal Register (79 FR
20851) that 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 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. Proposed
work included underwater explosives
demolition of the old Goethals Bridge
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62253
Pier C. We received one comment on
this proposed rule. It advocated
notifying mariners of waterway closures
at least forty eight hours in advance, and
that the closures remain in place only as
long as required for safety purposes. It
also recommended that the Coast Guard
work to institute a queue system or
other vessel movement scheme that
allowed vessels moving with a flood
tide to access the right of way in the
restricted portion of the Arthur Kill.
On January 7, 2015, the Coast Guard
published a TFR entitled ‘‘Regulated
Navigation Area; Arthur Kill, NY and
NJ’’ in the Federal Register (80 FR
00829) that allowed the Coast Guard to
enforce speed and wake restrictions and
prohibit vessel traffic through the RNA
during bridge replacement operations
on the Goethals Bridge that could pose
an imminent hazard to persons and
vessels operating in the area. This rule
also allowed 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. The planned
work still included underwater
explosives demolition of the old
Goethals Bridge Pier C. The Coast Guard
said it would make every effort to notify
mariners forty eight hours before a
waterway closure, but that this may not
always be possible due to many
dynamic factors in the project. It also
said it will meet with various other
agencies to assess the need for a vessel
queue system and administer a queue
system if needed on a case by case basis
by Vessel Traffic Service New York.
This rule was in effect from January 7,
2015 until October 31, 2018.
On October 17, 2018 the PANYNJ
contractor’s project manager notified the
First District and Vessel Traffic Service
New York that the previously scheduled
underwater explosives demolition of the
old Goethals Bridge Pier C below mean
lower water had been delayed from late
October 2018 until Sunday, November
11, 2018 at approximately 10:20 a.m.
The contractor requested the Coast
Guard create a safety zone to prohibit
vessels and persons within a 500 yard
radius of old Goethals Bridge Pier C
from approximately 10 a.m. until 11:00
a.m. During this approximate 60-minute
window, no vessels or persons will be
authorized within the safety zone unless
authorized by the COTP New York and
New Jersey.
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
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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 the
schedule for the demolition of old
Goethals Bridge Pier C was only
recently finalized and extended past the
original project completion date, and
timely action is needed to respond to
the potential safety hazards associated
with this demolition project. It is
impracticable and contrary to the public
interest to publish an NPRM because we
must establish this safety zone by
November 11, 2018 to allow for the
timely demolition of old Goethals
Bridge Pier C and promote the safety of
the public.
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. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with underwater explosives
demolition of old Goethals Bridge Pier
C.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with underwater
explosives demolition tentatively
scheduled on Sunday, November 11,
2018, will be a safety concern for
anyone within a 500-yard radius of the
old Goethals Bridge Pier C. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during underwater explosives
demolition of the old Goethals Bridge
Pier C.
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IV. Discussion of the Rule
This rule establishes a safety zone
from 10:00 a.m. on November 11, 2018
through 11:59 p.m. on December 31,
2018. This rule will be enforced from
10:00 a.m. until 11:00 a.m. on November
11, 2018. The safety zone covers all
navigable waters of the Arthur Kill and
Old Place Creek within approximately
500 yards of the old Goethals Bridge
Pier C in approximate position
40°38′07.7″ N, 074°11′46.4″ W (NAD
83). The Coast Guard is publishing this
rulemaking to be effective, and
enforceable, through December 31, 2018
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in case the project is delayed due to
unforeseen circumstances.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters while the underwater remains of
Pier C are demolished for eventual
removal. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP New York and New Jersey or a
designated representative.
The Coast Guard will notify the
public and local mariners of this safety
zone through the Local Notice to
Mariners and/or Broadcast Notice to
Mariners via VHF–FM marine channel
16 in advance of any scheduled
enforcement period.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the following reasons: (1)
The safety zone only impacts a small
designated area of the Arthur Kill and
Old Place Creek, (2) the zone will only
be enforced for approximately 60
minutes during the underwater
explosives demolition of the old
Goethals Bridge Pier C, (3) vessels not
constrained by their draft or length may
still transit the Arthur Kill south of this
safety zone, to, and from sea, via Raritan
Bay Reaches and Sandy Hook Channel,
(4) the demolition operations are
scheduled on Sunday when commercial
vessel traffic is less frequent, and (5) the
demolition operations are scheduled in
the late Fall when recreational vessel
traffic is less frequent.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
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power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately 60 minutes
that will prohibit entry within a 500
yard radius of the old Goethals Bridge
Pier C during underwater demolition. It
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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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. 0170.1.
2. Add § 165.T01–1002 to read as
follows:
■
§ 165.T01–1002 Safety Zone, Arthur Kill
and Old Place Creek, Elizabeth, NJ and
Staten Island, NY.
(a) Safety zone boundaries. The
following is a safety zone: All waters of
the Arthur Kill, from surface to bottom,
bound by the following approximate
positions: All waters south of a line
drawn from 40°38′23.7″ N, 074°11′43.3″
W, thence to 40°38′19.0″ N, 074°11′32.6″
W, and all waters north of a line drawn
from 40°38′03.9″ N, 074°12′07.8″ W,
thence to 40°37′54.9″ N, 074°11′58.7″ W
(NAD 83).
(b) Safety zone boundaries. The
following is a safety zone: all waters of
the Old Place Creek, from surface to
bottom, bound by the following
approximate positions: All waters
northwest of a line drawn from the
following approximate positions:
40°37′52.7″ N, 074°11′44.3″ W, thence to
40°37′52.9″ N, 074°11′42.7″ W (NAD
83).
(c) Definitions. As used in this
section:
Designated representative means any
Coast Guard commissioned, warrant,
petty officer, or designated Patrol
Commander of the U.S. Coast Guard
who has been designated by the Captain
of the Port, Sector New York (COTP), to
act on his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
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62255
Official patrol vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP to
enforce this section.
(d) Regulations. When this safety zone
is enforced, the following regulations,
along with those contained in 33 CFR
165.23 apply:
(1) During periods of enforcement,
during active underwater explosives
demolition, no person or vessel may
enter or remain in the safety zones
described in paragraphs (a) and (b)
unless authorized by the COTP or the
COTP’s designated representative.
(2) Any vessels transiting must
comply with all orders and directions
from the COTP or the COTP’s
designated representative.
(3) Upon being hailed by a Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(4) Notwithstanding anything
contained in this section, the Rules of
the Road (33 CFR part 84—Subchapter
E, inland navigational rules) are still in
effect and must be strictly adhered to at
all times.
(d) Enforcement periods. This
regulation is enforceable 24 hours a day
from 10:00 a.m. on November 11, until
11:59 p.m. on December 31, 2018, but
will only be enforced during active
underwater explosive demolition of the
old Goethals Bridge Pier C. The
underwater explosives demolition
operations that will require enforcement
of the safety zone regulations are
tentatively scheduled to take place on
November 11, 2018, from approximately
10:00 a.m. until 11:00 a.m., unless
delayed by weather, construction
delays, or other unforeseen
circumstances. The COTP will provide
notice of the channel closure by
appropriate means to the affected
segments of the public. Such means of
notification may include, but are not
limited to, Broadcast Notice to Mariners
and/or Local Notice to Mariners.
(1) Notice of suspension of
enforcement: If enforcement is
suspended, the COTP will provide a
notice of the suspension of enforcement
by appropriate means to the affected
segments of the public. Such means of
notification may include, but are not
limited to, Broadcast Notice to Mariners
and/or Local Notice to Mariners. Such
notification will include the
approximate date and time that
enforcement will be suspended as well
as the approximate date and time that
enforcement will resume.
(2) Violations of this regulation may
be reported to the COTP at (718) 354–
4353 or on VHF-Channel 16.
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Dated: November 9, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the
Port New York.
email Lieutenant Emily Rowan, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443 or email at
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2018–26187 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
I. Table of Abbreviations
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol
Commander
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–1018]
RIN 1625–AA00
Safety Zones; Humboldt Bay Bar and
Entrance Channel, Eureka, CA, Noyo
River Entrance Channel, Ft. Bragg, CA,
and Crescent City Harbor Entrance
Channel, Crescent City, CA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing temporary safety zones in
the navigable waters of the Humboldt
Bay Bar and Entrance Channel, of
Eureka, CA, Noyo River Entrance
Channel, of Fort Bragg, CA, and
Crescent City Harbor Entrance Channel,
of Crescent City, CA to safeguard
navigation safety during extreme
environmental conditions. These safety
zones are established to protect the
safety of vessels transiting the areas
from the dangers associated with
extreme breaking surf and high wind
conditions occurring in the Humboldt
Bay Bar and Entrance Channel, Noyo
River Entrance Channel, and Crescent
City Harbor Entrance Channel.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety
zones without permission of the Captain
of the Port (COTP) or their designated
representative.
DATES: This rule is effective without
actual notice from December 3, 2018
until March 31, 2019. For the purposes
of enforcement, actual notice will be
used from November 27, 2018 until
December 3, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–1018. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
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SUMMARY:
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final 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.’’ In this case, the
delay associated with rulemaking
procedures is impracticable. The Coast
Guard was informed on November 16,
2018 of forecasted extreme
environmental conditions occurring
near three respective locations of
California likely to exceed the
maximum environmental limits of the
47-foot Motor Lifeboat employed as the
primary rescue asset in each area. These
three locations include: The Humboldt
Bay Bar and Entrance Channel, near
Eureka, CA, the Noyo River Entrance
Channel, near Fort Bragg, CA, and the
Crescent City Harbor Entrance Channel,
of Crescent City, CA. The National
Oceanic and Atmospheric
Administration’s National Weather
Service forecasts up to 25-foot breaking
seas in the area through 29 November,
2018 and expects a higher probability of
breaking seas of 20 feet or more through
December 2018 and January 2019. The
hazardous conditions associated with
these extreme environmental conditions
will occur before the rulemaking
process could be completed.
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. The Coast Guard was informed
of forecasted extreme environmental
conditions including 20 foot breaking
seas occurring near three respective
locations of California on November 16,
2018. These three locations include: The
Humboldt Bay Entrance Channel, near
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Eureka, CA, the Noyo River Entrance
Channel, near Fort Bragg, CA, and the
Crescent City Harbor Entrance Channel,
of Crescent City, CA. The hazardous
conditions associated with these
extreme environmental conditions will
occur before the rulemaking process
would be completed. Additionally, the
observed on scene conditions are equal
to, and likely to exceed, the maximum
environmental limits of the 47 foot
Motor Lifeboat employed as the primary
rescue asset in the area. Because of the
dangers posed by these extreme
environmental conditions and the
resulting limited availability of rescue
assets, these safety zones are necessary
to provide for the safety of mariners
transiting the area. For the safety
concerns noted, it is in the public
interest to have these regulations in
effect immediately.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231.
Notable hazards associated with the
extreme environmental conditions have
been observed in the Humboldt Bay Bar
and Entrance Channel near Eureka, CA,
the Noyo River Entrance Channel, near
Fort Bragg, CA, and the Crescent City
Harbor Entrance Channel, of Crescent
City, CA. These safety zones establish
temporary restricted areas on the
navigable waters of the Humboldt Bay
Bar and Entrance Channel near Eureka,
CA, the Noyo River Entrance Channel,
near Fort Bragg, CA, and the Crescent
City Harbor Entrance Channel, of
Crescent City, CA. These restricted areas
are necessary to mitigate the risks
associated with vessels transiting the
area while extreme environmental
conditions exist on scene.
IV. Discussion of the Rule
The Coast Guard will enforce,
independent of each other, three
respective safety zones in the navigable
waters of the Humboldt Bay Bar and
Entrance Channel near Eureka, CA, the
Noyo River Entrance Channel, near Fort
Bragg, CA, and the Crescent City Harbor
Entrance Channel, of Crescent City, CA,
when the COTP determines that the on
scene conditions are hazardous and
unsafe for vessel transits, typically
expected to be 20 foot breaking seas at
each location. Enforcement will be
announced via Broadcast Notice to
Mariners. These safety zones are
effective from November 27, 2018,
through March 31, 2019.
The effect of the temporary safety
zones is to restrict navigation in the
vicinity of the Humboldt Bay Bar and
Entrance Channel, Noyo River Entrance
Channel, and Crescent City Harbor
E:\FR\FM\03DER1.SGM
03DER1
]]>Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62253-62256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26187]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1002]
RIN 1625-AA00
Safety Zone; Arthur Kill and Old Place Creek, Elizabeth, NJ and
Staten Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500-yard radius of the old Goethals Bridge
Pier C on the Staten Island, NY side of the Federal navigation channel.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by underwater explosives
demolition of Pier C. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
New York and New Jersey or a designated representative.
DATES: This rule is effective without actual notice from December 3,
2018 through December 31, 2018. For the purposes of enforcement, actual
notice will be used from November 11, 2018 through December 3, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1002 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Craig Lapiejko, Waterways Management, First Coast
Guard District; telephone (617) 223-8351, email
[email protected]. You may also call or email Mr. Jeff Yunker,
Waterways Management Division, U.S. Coast Guard Sector New York,
telephone (718) 354-4195, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York and New Jersey
DHS Department of Homeland Security
FR Federal Register
First District USCG First District Bridge Administration
NPRM Notice of proposed rulemaking
PANYNJ Port Authority of NY and NJ
RNA Regulated Navigation Area
Sec. Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and Regulatory History
On April 14, 2014 the Coast Guard published a NPRM entitled
``Regulated Navigation Area; Arthur Kill, NY and NJ'' in the Federal
Register (79 FR 20851) that 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 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. Proposed work included underwater
explosives demolition of the old Goethals Bridge Pier C. We received
one comment on this proposed rule. It advocated notifying mariners of
waterway closures at least forty eight hours in advance, and that the
closures remain in place only as long as required for safety purposes.
It also recommended that the Coast Guard work to institute a queue
system or other vessel movement scheme that allowed vessels moving with
a flood tide to access the right of way in the restricted portion of
the Arthur Kill.
On January 7, 2015, the Coast Guard published a TFR entitled
``Regulated Navigation Area; Arthur Kill, NY and NJ'' in the Federal
Register (80 FR 00829) that allowed the Coast Guard to enforce speed
and wake restrictions and prohibit vessel traffic through the RNA
during bridge replacement operations on the Goethals Bridge that could
pose an imminent hazard to persons and vessels operating in the area.
This rule also allowed 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. The planned work still included underwater
explosives demolition of the old Goethals Bridge Pier C. The Coast
Guard said it would make every effort to notify mariners forty eight
hours before a waterway closure, but that this may not always be
possible due to many dynamic factors in the project. It also said it
will meet with various other agencies to assess the need for a vessel
queue system and administer a queue system if needed on a case by case
basis by Vessel Traffic Service New York. This rule was in effect from
January 7, 2015 until October 31, 2018.
On October 17, 2018 the PANYNJ contractor's project manager
notified the First District and Vessel Traffic Service New York that
the previously scheduled underwater explosives demolition of the old
Goethals Bridge Pier C below mean lower water had been delayed from
late October 2018 until Sunday, November 11, 2018 at approximately
10:20 a.m. The contractor requested the Coast Guard create a safety
zone to prohibit vessels and persons within a 500 yard radius of old
Goethals Bridge Pier C from approximately 10 a.m. until 11:00 a.m.
During this approximate 60-minute window, no vessels or persons will be
authorized within the safety zone unless authorized by the COTP New
York and New Jersey.
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
[[Page 62254]]
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 the schedule for the demolition of
old Goethals Bridge Pier C was only recently finalized and extended
past the original project completion date, and timely action is needed
to respond to the potential safety hazards associated with this
demolition project. It is impracticable and contrary to the public
interest to publish an NPRM because we must establish this safety zone
by November 11, 2018 to allow for the timely demolition of old Goethals
Bridge Pier C and promote the safety of the public.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with underwater
explosives demolition of old Goethals Bridge Pier C.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
underwater explosives demolition tentatively scheduled on Sunday,
November 11, 2018, will be a safety concern for anyone within a 500-
yard radius of the old Goethals Bridge Pier C. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during underwater explosives demolition
of the old Goethals Bridge Pier C.
IV. Discussion of the Rule
This rule establishes a safety zone from 10:00 a.m. on November 11,
2018 through 11:59 p.m. on December 31, 2018. This rule will be
enforced from 10:00 a.m. until 11:00 a.m. on November 11, 2018. The
safety zone covers all navigable waters of the Arthur Kill and Old
Place Creek within approximately 500 yards of the old Goethals Bridge
Pier C in approximate position 40[deg]38'07.7'' N, 074[deg]11'46.4'' W
(NAD 83). The Coast Guard is publishing this rulemaking to be
effective, and enforceable, through December 31, 2018 in case the
project is delayed due to unforeseen circumstances.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the
underwater remains of Pier C are demolished for eventual removal. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP New York and New Jersey or a
designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through the Local Notice to Mariners and/or Broadcast
Notice to Mariners via VHF-FM marine channel 16 in advance of any
scheduled enforcement period.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the following
reasons: (1) The safety zone only impacts a small designated area of
the Arthur Kill and Old Place Creek, (2) the zone will only be enforced
for approximately 60 minutes during the underwater explosives
demolition of the old Goethals Bridge Pier C, (3) vessels not
constrained by their draft or length may still transit the Arthur Kill
south of this safety zone, to, and from sea, via Raritan Bay Reaches
and Sandy Hook Channel, (4) the demolition operations are scheduled on
Sunday when commercial vessel traffic is less frequent, and (5) the
demolition operations are scheduled in the late Fall when recreational
vessel traffic is less frequent.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of
[[Page 62255]]
power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting approximately 60 minutes that will prohibit entry
within a 500 yard radius of the old Goethals Bridge Pier C during
underwater demolition. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water) Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-1002 to read as follows:
Sec. 165.T01-1002 Safety Zone, Arthur Kill and Old Place Creek,
Elizabeth, NJ and Staten Island, NY.
(a) Safety zone boundaries. The following is a safety zone: All
waters of the Arthur Kill, from surface to bottom, bound by the
following approximate positions: All waters south of a line drawn from
40[deg]38'23.7'' N, 074[deg]11'43.3'' W, thence to 40[deg]38'19.0'' N,
074[deg]11'32.6'' W, and all waters north of a line drawn from
40[deg]38'03.9'' N, 074[deg]12'07.8'' W, thence to 40[deg]37'54.9'' N,
074[deg]11'58.7'' W (NAD 83).
(b) Safety zone boundaries. The following is a safety zone: all
waters of the Old Place Creek, from surface to bottom, bound by the
following approximate positions: All waters northwest of a line drawn
from the following approximate positions: 40[deg]37'52.7'' N,
074[deg]11'44.3'' W, thence to 40[deg]37'52.9'' N, 074[deg]11'42.7'' W
(NAD 83).
(c) Definitions. As used in this section:
Designated representative means any Coast Guard commissioned,
warrant, petty officer, or designated Patrol Commander of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP to enforce this section.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in 33 CFR 165.23 apply:
(1) During periods of enforcement, during active underwater
explosives demolition, no person or vessel may enter or remain in the
safety zones described in paragraphs (a) and (b) unless authorized by
the COTP or the COTP's designated representative.
(2) Any vessels transiting must comply with all orders and
directions from the COTP or the COTP's designated representative.
(3) Upon being hailed by a Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(4) Notwithstanding anything contained in this section, the Rules
of the Road (33 CFR part 84--Subchapter E, inland navigational rules)
are still in effect and must be strictly adhered to at all times.
(d) Enforcement periods. This regulation is enforceable 24 hours a
day from 10:00 a.m. on November 11, until 11:59 p.m. on December 31,
2018, but will only be enforced during active underwater explosive
demolition of the old Goethals Bridge Pier C. The underwater explosives
demolition operations that will require enforcement of the safety zone
regulations are tentatively scheduled to take place on November 11,
2018, from approximately 10:00 a.m. until 11:00 a.m., unless delayed by
weather, construction delays, or other unforeseen circumstances. The
COTP will provide notice of the channel closure by appropriate means to
the affected segments of the public. Such means of notification may
include, but are not limited to, Broadcast Notice to Mariners and/or
Local Notice to Mariners.
(1) Notice of suspension of enforcement: If enforcement is
suspended, the COTP will provide a notice of the suspension of
enforcement by appropriate means to the affected segments of the
public. Such means of notification may include, but are not limited to,
Broadcast Notice to Mariners and/or Local Notice to Mariners. Such
notification will include the approximate date and time that
enforcement will be suspended as well as the approximate date and time
that enforcement will resume.
(2) Violations of this regulation may be reported to the COTP at
(718) 354-4353 or on VHF-Channel 16.
[[Page 62256]]
Dated: November 9, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2018-26187 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P
