Safety Zone; New York Upper Bay, Pierhead Channel, and Port Jersey Channel, Bayonne, NJ, 46603-46605 [2021-17751]
Download as PDF
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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:
Coast Guard Sector Northern New
England Command Center at (207) 741–
5465. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s Designated Representative.
(d) Enforcement period. This section
is effective from September 1, 2021,
through October 31, 2021, but will only
be enforced during periods when bridge
repairs are active. When enforced, the
Sarah Mildred Long Bridge will remain
in the closed position and all vessels
will be prohibited from transiting under
the bridge. The Coast Guard will notify
the public of the enforcement of this
rule through appropriate means, which
may include, but are not limited to,
publication in the Local Notice to
Mariners and Broadcast Notice to
Mariners via VHF–FM marine channel
16.
Dated: August 4, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the
Port Northern New England.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2021–17753 Filed 8–18–21; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1, Revision No. 01.2.
2. Add § 165.T01–0519 to read as
follows:
lotter on DSK11XQN23PROD with RULES1
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0549]
§ 165.T01–0519 Safety Zone; SML Bridge
Repairs, Portsmouth, NH.
RIN 1625–AA00
(a) Location. The following area is a
safety zone: All navigable waters of the
Piscataqua River, from surface to
bottom, within a 100-yard radius around
crane barges and associated machinery
conducting repairs on the Sarah Mildred
Long Bridge.
(b) Definitions. As used in this
section, Designated Representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Northern New England (COTP)
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s Designated
Representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
Designated Representative via VHF–FM
marine channel 16 or by contacting the
Safety Zone; New York Upper Bay,
Pierhead Channel, and Port Jersey
Channel, Bayonne, NJ
VerDate Sep<11>2014
16:12 Aug 18, 2021
Jkt 253001
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
navigable waters of New York Upper
Bay, Pierhead Channel, and Port Jersey
Channel within 100 yards of the
Bayonne Peninsula bulkhead. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by two
building demolitions on shore. When
enforced, entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port of New York or a designated
representative.
This rule is effective without
actual notice from August 19, 2021,
through October 31, 2021. For the
purposes of enforcement, actual notice
will be used from August 8, 2021
through August 19, 2021.
DATES:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
46603
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0549 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email MST1 Jaison Kurian, Waterways
Management Division, U.S. Coast
Guard; telephone 718–354–4352, email
Jaison.Kurian@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
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
immediate action is needed to safeguard
the public. Two brick and concrete rebar
reinforced buildings (Numbers 32 and
42), six and one-half stories tall and
located along the south shore of the
Bayonne Peninsula are being
demolished using land based explosives
and immediate action is needed to
respond to the potential safety hazards
associated with this activity. It is
impracticable to publish an NPRM
because we must establish this safety
zone by August 8, 2021. This rule is
enforceable through October 31, 2021 as
a contingency for any unforeseen delays
or revisions to the building demolitions.
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 protect the public from the
potential safety hazards associated with
this activity.
E:\FR\FM\19AUR1.SGM
19AUR1
46604
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C 1231). The Captain
of the Port New York (COTP) has
determined that potential hazards
associated with explosives demolition
of two buildings on August 8, 2021, will
be a safety concern for anyone within
the waters of New York Upper Bay,
Pierhead Channel, and Port Jersey
Channel within 100 yards of the
Bayonne Peninsula, New Jersey
bulkhead. The rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the two
buildings are being demolished.
IV. Discussion of the Rule
This rule establishes a safety zone
from August 8 through October 31,
2021. The safety zone will cover all
navigable waters within 100 yards of the
Bayonne Peninsula, New Jersey. The
zone will only be enforced during
explosives loading and demolition of
two onshore bulidings tentatively
scheduled from 6:00 a.m. to 11:00 a.m.
on Sunday, August 8, 2021. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the explosives are being
loaded into the two buildings and the
two buildings are being demolished. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
lotter on DSK11XQN23PROD with RULES1
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.
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).
This regulatory action determination
is based on the size, location, time ofday on a Sunday morning, and the
duration of enforcement of the safety
zone. The Port Authority of NY/NJ,
demolition contractor, and the owner of
VerDate Sep<11>2014
16:12 Aug 18, 2021
Jkt 253001
the two buildings have coordinated the
building demolitions with berth
operators at the Bayonne Peninsula,
New Jersey to minimize impacts. The
Bayonne Golf Club, west of the safety
zone, has also been notified and ferries
transiting to the golf club will be
authorized to transit through the 100
yard safety zone from 6 a.m. to 10 a.m.
prior to the building demolitions.
Vessels berthing at the Global Container
Terminal, on the opposite side of Port
Jersey Channel, will be outside of the
safety zone and not expected to be
impacted. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the zone and the rule allows vessels to
seek permission to enter the zone.
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 call or email 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 only five hours that will
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
prohibit entry within waters of New
York Upper Bay, Pierhead Channel, and
Port Jersey Channel within 100 yards of
the Bayonne Peninsula, New Jersey
bulkhead. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manul 023–01–001–01, Rev.
01. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
lotter on DSK11XQN23PROD with RULES1
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
VerDate Sep<11>2014
16:12 Aug 18, 2021
Jkt 253001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T01–0549 to read as
follows:
■
§ 165.T01–0549 Safety Zone; New York
Upper Bay, Pierhead Channel, and Port
Jersey Channel, Bayonne, NJ.
(a) Location. The following area is a
safety zone: All navigable waters of New
York Upper Bay, Pierhead Channel, and
Port Jersey Channel, from surface to
bottom, within 100 yards of the
Bayonne Peninsula bulkhead bound by
the following points beginning at
40°40′20.1″ N, 074°05′22.6″ W thence to
40°40′10.3″ N, 074°04′54.5″ W; thence to
40°39′49.9″ N, 074°04′06.1″ W; thence to
40°39′38.6″ N, 074°04′14.6″ W; thence to
40°39′59.4″ N, 074°05′08.2″ W; thence to
40°40′03.5″ N, 074°05′22.6″ W; thence to
the point of origin at 40°40′20.1″ N,
074°05′22.6″ W. These coordinates are
based on NAD 83.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
PO 00000
Frm 00027
Fmt 4700
Sfmt 9990
46605
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State and local officer
designated by or assisting the Captain of
the Port New York (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subapart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF-Channel 16 or at
718–354–4353. Those in the safety zone
must comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforecement period[s]. This
section is effective from August 8
through October 31, 2021, but will only
be enforced when building demoltion
operations are in progress.
Dated: August 3, 2021.
Zeita Merchant,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2021–17751 Filed 8–18–21; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\19AUR1.SGM
19AUR1
Agencies
[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46603-46605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17751]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0549]
RIN 1625-AA00
Safety Zone; New York Upper Bay, Pierhead Channel, and Port
Jersey Channel, Bayonne, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of New York Upper Bay, Pierhead Channel, and Port
Jersey Channel within 100 yards of the Bayonne Peninsula bulkhead. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by two building demolitions
on shore. When enforced, entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port of
New York or a designated representative.
DATES: This rule is effective without actual notice from August 19,
2021, through October 31, 2021. For the purposes of enforcement, actual
notice will be used from August 8, 2021 through August 19, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0549 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jaison Kurian, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4352, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
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 immediate action is needed to
safeguard the public. Two brick and concrete rebar reinforced buildings
(Numbers 32 and 42), six and one-half stories tall and located along
the south shore of the Bayonne Peninsula are being demolished using
land based explosives and immediate action is needed to respond to the
potential safety hazards associated with this activity. It is
impracticable to publish an NPRM because we must establish this safety
zone by August 8, 2021. This rule is enforceable through October 31,
2021 as a contingency for any unforeseen delays or revisions to the
building demolitions.
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 protect the public from the potential safety hazards
associated with this activity.
[[Page 46604]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C 1231). The Captain of the Port New York
(COTP) has determined that potential hazards associated with explosives
demolition of two buildings on August 8, 2021, will be a safety concern
for anyone within the waters of New York Upper Bay, Pierhead Channel,
and Port Jersey Channel within 100 yards of the Bayonne Peninsula, New
Jersey bulkhead. The rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the two buildings are being demolished.
IV. Discussion of the Rule
This rule establishes a safety zone from August 8 through October
31, 2021. The safety zone will cover all navigable waters within 100
yards of the Bayonne Peninsula, New Jersey. The zone will only be
enforced during explosives loading and demolition of two onshore
bulidings tentatively scheduled from 6:00 a.m. to 11:00 a.m. on Sunday,
August 8, 2021. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the explosives are being loaded into the two buildings and
the two buildings are being demolished. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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. 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).
This regulatory action determination is based on the size,
location, time of-day on a Sunday morning, and the duration of
enforcement of the safety zone. The Port Authority of NY/NJ, demolition
contractor, and the owner of the two buildings have coordinated the
building demolitions with berth operators at the Bayonne Peninsula, New
Jersey to minimize impacts. The Bayonne Golf Club, west of the safety
zone, has also been notified and ferries transiting to the golf club
will be authorized to transit through the 100 yard safety zone from 6
a.m. to 10 a.m. prior to the building demolitions. Vessels berthing at
the Global Container Terminal, on the opposite side of Port Jersey
Channel, will be outside of the safety zone and not expected to be
impacted. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 only five hours that will
[[Page 46605]]
prohibit entry within waters of New York Upper Bay, Pierhead Channel,
and Port Jersey Channel within 100 yards of the Bayonne Peninsula, New
Jersey bulkhead. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manul 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 record
keeping 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
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2. Add Sec. 165.T01-0549 to read as follows:
Sec. 165.T01-0549 Safety Zone; New York Upper Bay, Pierhead Channel,
and Port Jersey Channel, Bayonne, NJ.
(a) Location. The following area is a safety zone: All navigable
waters of New York Upper Bay, Pierhead Channel, and Port Jersey
Channel, from surface to bottom, within 100 yards of the Bayonne
Peninsula bulkhead bound by the following points beginning at
40[deg]40'20.1'' N, 074[deg]05'22.6'' W thence to 40[deg]40'10.3'' N,
074[deg]04'54.5'' W; thence to 40[deg]39'49.9'' N, 074[deg]04'06.1'' W;
thence to 40[deg]39'38.6'' N, 074[deg]04'14.6'' W; thence to
40[deg]39'59.4'' N, 074[deg]05'08.2'' W; thence to 40[deg]40'03.5'' N,
074[deg]05'22.6'' W; thence to the point of origin at 40[deg]40'20.1''
N, 074[deg]05'22.6'' W. These coordinates are based on NAD 83.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State and local officer designated by or
assisting the Captain of the Port New York (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subapart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-Channel 16 or at 718-354-4353. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(d) Enforecement period[s]. This section is effective from August 8
through October 31, 2021, but will only be enforced when building
demoltion operations are in progress.
Dated: August 3, 2021.
Zeita Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2021-17751 Filed 8-18-21; 8:45 am]
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