Safety Zone; Hackensack River, Kearny and Secaucus, NJ, 62689-62691 [2024-16762]
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Proposed Rules
R–5803 at U.S. Army, Letterkenny Army
Depot (LEAD), Chambersburg, PA. The
proposed changes are described below.
R–5801: R–5801 time of designation is
currently 0800 to 1600 local time,
Monday through Friday. The FAA
proposes to extend the time of
designation to 0800 to 1600 local time,
Monday through Saturday. This change
would provide additional required time
for the U.S. Army to execute open
detonation of obsolete ammunition and
explosives. This amendment does not
propose to alter the boundaries or
altitudes associated with R–5801.
R–5803: R–5803 serves as a secondary
site for detonation of munitions and has
been determined that it is no longer
needed to meet the U.S. Army’s
weapons and munition disposal
requirements. R–5803 would be revoked
and the airspace would be returned to
the NAS.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 73.58
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 73 as
follows:
Jkt 262001
Pennsylvania [Amended]
2. Section 73.58 is amended as
follows:
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R–5801 Chambersburg, PA [Amended]
Boundaries. The arc of a circle, having a
5,000-foot radius, centered at lat. 39°59′44″
N, long. 077°43′54″ W.
Designated altitudes. Surface to 4,000 feet
MSL.
Time of designation. 0800 to 1600 local
time, Monday-Saturday.
Using agency. U.S. Army, Commanding
Officer, Letterkenny Ordnance Depot,
Chambersburg, PA.
*
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Issued in Washington, DC, on July 23,
2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024–16554 Filed 7–31–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0404]
RIN 1625–AA00
Safety Zone; Hackensack River,
Kearny and Secaucus, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
Environmental Review
17:08 Jul 31, 2024
1. The authority citation for part 73
continues to read as follows:
■
R–5803 Chambersburg, PA [Removed]
Regulatory Notices and Analyses
VerDate Sep<11>2014
PART 73—SPECIAL USE AIRSPACE
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Hackensack River.
This action is necessary to provide for
the safety of life on these navigable
waters near the Portal Bridge during
construction between November 2024
and December 2025. This proposed
rulemaking would prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port New York or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 3, 2024.
SUMMARY:
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62689
You may submit comments
identified by docket number USCG–
2024–0404 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
ADDRESSES:
If
you have questions about this proposed
rulemaking, call or email Jeffrey Yunker,
Waterways Management Division, U.S.
Coast Guard Sector New York;
telephone 718–354–4195, email
Jeffrey.M.Yunker@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PNB Portal North Bridge
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 2, 2024, Skanska Traylor
Portal North Bridge (PNB) Joint Venture
notified the Coast Guard that it is
requesting three 14-day windows of
waterway closures on the Hackensack
River to install three new bridge spans
at the PNB. The purpose of the
requested 14-day windows is to deliver
a 400-foot-long bridge span on a
transportation barge that is 80 feet wide.
The bridge span will be set on
temporary shoring north of the existing
bridge and a 100-foot-wide crane barge
will then lift the bridge span from the
temporary shoring using anchor lines
and tugboats. The crane barge will move
into the new bridge alignment position
using anchor lines and tugboats, jack the
new bridge span, set onto the temporary
supports, and slide the bridge into the
final location. Once the bridge is set, the
crane barge, support barges, and anchor
lines will be removed out of the channel
to prepare for the subsequent bridge
span erection. This procedure will occur
three times.
An additional fourth 14-day window
is being considered to accommodate
potential weather issues or schedule
delays because of unforeseen
circumstances. After setting the first
bridge span, each 14-day window will
be re-evaluated and may be narrowed so
that marine traffic may be able to
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
resume before the 14-day window is
over.
The Captain of the Port New York
(COTP) has determined that potential
hazards associated with the bridge
construction would be a safety concern
for anyone within the construction area
and adjacent navigable waters.
The purpose of this rulemaking is to
protect personnel, vessels, and the
marine environment from potential
hazards created by the PNB construction
activities between the New Jersey
Turnpike/I–95 Fixed Bridge (River Mile
5.3) and 150 feet south of the existing
Portal Bridge (River Mile 5.0) on the
Hackensack River. The Coast Guard is
proposing this rulemaking under the
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from November 15, 2024,
through December 31, 2025. The safety
zone would only be enforced during
periods when heavy lift operations at
the new bridge are in progress.
The anticipated dates for the first
three 14-day windows of full channel
closures are from 12:01 a.m. on
November 15, 2024, through 11:59 p.m.
on November 28, 2024; from 12:01 a.m.
on December 10, 2024, through 11:59
p.m. on December 23, 2024; and from
12:01 a.m. on January 13, 2025, through
11:59 p.m. on January 27, 2025.
Additionally, the fourth schedule from
12:01 a.m. on February 2, 2025, through
11:59 p.m. on February 15, 2025, is
being considered. All these dates are
tentative and subject to change due to
weather, supply chain delays, or other
unforeseen circumstances.
The Coast Guard is proposing this
rule remain effective through December
31, 2025, in case the project is delayed
due to unforeseen circumstances. The
safety zone would cover all navigable
waters of the Hackensack River between
the New Jersey Turnpike/I–95 Fixed
Bridge (River Mile 5.3) and 150 feet
south of the existing Portal Bridge (River
Mile 5.0). The duration of the zone is
intended to ensure the safety of
personnel, vessels, and these navigable
waters during the bridge construction.
No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
VerDate Sep<11>2014
17:08 Jul 31, 2024
Jkt 262001
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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
and time of year of the safety zone. The
bridge owner and contractor are
coordinating the full waterway closures
with the upstream Bergen County
Utilities Authority who may transport
treated sewage sludge via tug and barge
or overland trucks. The safety zone is
only in effect on the navigable waters of
the Hackensack River between the New
Jersey Turnpike/I–95 Fixed Bridge
(River Mile 5.3) and 150 feet south of
the existing Portal Bridge (River Mile
5.0). 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.
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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
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please submit a comment (see
explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
ADDRESSES)
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Proposed Rules
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone from the
New Jersey Turnpike/I–95 Fixed Bridge
(River Mile 5.3) and 150 feet south of
the existing Portal Bridge (River Mile
5.0) on the Hackensack River. Normally
such actions are categorically excluded
from further review under paragraph
L60 (a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
VerDate Sep<11>2014
17:08 Jul 31, 2024
Jkt 262001
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0404 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
62691
§ 165.T01–0404 Safety Zone; Hackensack
River, Kearny and Secaucus, NJ.
(a) Location. The following area is a
safety zone: All the navigable waters of
the Hackensack River between the New
Jersey Turnpike/I–95 Fixed Bridge
(River Mile 5.3) and 150 feet south of
the existing Portal Bridge (River Mile
5.0).
(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 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
representative via VHF Channel 16 or by
phone at (718) 354–4353 (Sector New
York Command Center). 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 November 15, 2024,
through December 31, 2025, but will
only be enforced during periods when
heavy lift operations at the new bridge
are in progress.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the
Port, Sector New York.
[FR Doc. 2024–16762 Filed 7–31–24; 8:45 am]
BILLING CODE 9110–04–P
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 is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T01–0404 to read as
follows:
■
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2024–0224; FRL–11566–
01–R7]
Disapproval and Promulgation of Air
Quality Implementation Plan;
Nebraska; Regional Haze State
Implementation Plan; Federal
Implementation Plan for Regional
Haze; Completion of Remand
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Proposed Rules]
[Pages 62689-62691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16762]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0404]
RIN 1625-AA00
Safety Zone; Hackensack River, Kearny and Secaucus, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Hackensack River. This action is
necessary to provide for the safety of life on these navigable waters
near the Portal Bridge during construction between November 2024 and
December 2025. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port New York or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 3, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0404 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Jeffrey 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PNB Portal North Bridge
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 2, 2024, Skanska Traylor Portal North Bridge (PNB) Joint
Venture notified the Coast Guard that it is requesting three 14-day
windows of waterway closures on the Hackensack River to install three
new bridge spans at the PNB. The purpose of the requested 14-day
windows is to deliver a 400-foot-long bridge span on a transportation
barge that is 80 feet wide. The bridge span will be set on temporary
shoring north of the existing bridge and a 100-foot-wide crane barge
will then lift the bridge span from the temporary shoring using anchor
lines and tugboats. The crane barge will move into the new bridge
alignment position using anchor lines and tugboats, jack the new bridge
span, set onto the temporary supports, and slide the bridge into the
final location. Once the bridge is set, the crane barge, support
barges, and anchor lines will be removed out of the channel to prepare
for the subsequent bridge span erection. This procedure will occur
three times.
An additional fourth 14-day window is being considered to
accommodate potential weather issues or schedule delays because of
unforeseen circumstances. After setting the first bridge span, each 14-
day window will be re-evaluated and may be narrowed so that marine
traffic may be able to
[[Page 62690]]
resume before the 14-day window is over.
The Captain of the Port New York (COTP) has determined that
potential hazards associated with the bridge construction would be a
safety concern for anyone within the construction area and adjacent
navigable waters.
The purpose of this rulemaking is to protect personnel, vessels,
and the marine environment from potential hazards created by the PNB
construction activities between the New Jersey Turnpike/I-95 Fixed
Bridge (River Mile 5.3) and 150 feet south of the existing Portal
Bridge (River Mile 5.0) on the Hackensack River. The Coast Guard is
proposing this rulemaking under the authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from November 15,
2024, through December 31, 2025. The safety zone would only be enforced
during periods when heavy lift operations at the new bridge are in
progress.
The anticipated dates for the first three 14-day windows of full
channel closures are from 12:01 a.m. on November 15, 2024, through
11:59 p.m. on November 28, 2024; from 12:01 a.m. on December 10, 2024,
through 11:59 p.m. on December 23, 2024; and from 12:01 a.m. on January
13, 2025, through 11:59 p.m. on January 27, 2025. Additionally, the
fourth schedule from 12:01 a.m. on February 2, 2025, through 11:59 p.m.
on February 15, 2025, is being considered. All these dates are
tentative and subject to change due to weather, supply chain delays, or
other unforeseen circumstances.
The Coast Guard is proposing this rule remain effective through
December 31, 2025, in case the project is delayed due to unforeseen
circumstances. The safety zone would cover all navigable waters of the
Hackensack River between the New Jersey Turnpike/I-95 Fixed Bridge
(River Mile 5.3) and 150 feet south of the existing Portal Bridge
(River Mile 5.0). The duration of the zone is intended to ensure the
safety of personnel, vessels, and these navigable waters during the
bridge construction.
No vessel or person would be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time of year of the safety zone. The bridge
owner and contractor are coordinating the full waterway closures with
the upstream Bergen County Utilities Authority who may transport
treated sewage sludge via tug and barge or overland trucks. The safety
zone is only in effect on the navigable waters of the Hackensack River
between the New Jersey Turnpike/I-95 Fixed Bridge (River Mile 5.3) and
150 feet south of the existing Portal Bridge (River Mile 5.0). 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.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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
[[Page 62691]]
$100,000,000 (adjusted for inflation) or more in any one year. Though
this proposed rule would not result in such an expenditure, we do
discuss the potential effects of this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone from the New Jersey Turnpike/I-95 Fixed Bridge (River Mile 5.3)
and 150 feet south of the existing Portal Bridge (River Mile 5.0) on
the Hackensack River. Normally such actions are categorically excluded
from further review under paragraph L60 (a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0404 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T01-0404 to read as follows:
Sec. 165.T01-0404 Safety Zone; Hackensack River, Kearny and Secaucus,
NJ.
(a) Location. The following area is a safety zone: All the
navigable waters of the Hackensack River between the New Jersey
Turnpike/I-95 Fixed Bridge (River Mile 5.3) and 150 feet south of the
existing Portal Bridge (River Mile 5.0).
(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
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
representative via VHF Channel 16 or by phone at (718) 354-4353 (Sector
New York Command Center). 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 November 15,
2024, through December 31, 2025, but will only be enforced during
periods when heavy lift operations at the new bridge are in progress.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2024-16762 Filed 7-31-24; 8:45 am]
BILLING CODE 9110-04-P
