[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47293-47295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17332]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0648]
RIN 1625-AA00
Safety Zone; Hudson River, Edgewater, NJ.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 47294]]
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Hudson River in the vicinity of Edgewater, NJ. This zone
is intended to restrict vessels from a portion of the Hudson River due
to the presence of a dielectric oil leak from a submerged power cable,
and the hazards associated with the cable repair vessels. This
temporary safety zone is necessary to protect people and vessels from
the hazards associated with this event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port New York.
DATES: This rule is effective without actual notice from July 21, 2016
through July 10, 2017. For the purposes of enforcement, actual notice
will be used from July 10, 2016 through July 21, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0648 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 MST1 Kristina Pundt, Waterways Management Division, U.S.
Coast Guard Sector New York; 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
NAD 83 North American Datum of 1983
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 2, 2016, the Coast Guard received notification of a
dielectric oil release from a submerged power cable in the Hudson River
in the vicinity Edgewater, NJ. In response, on February 5, 2016, the
Coast Guard published a temporary final rule at 33 CFR 165-T01.0028 (81
FR 246181) establishing a safety zone to be enforced until July 9, 2016
or until completion of cleanup and cable repairs. On May 29, 2016, the
Coast Guard received notification that cleanup operations and cable
repairs were completed. The Coast Guard received notification of
another dielectric oil release from a submerged power cable in the
Hudson River in the vicinity of Edgewater, NJ on June 28, 2016.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable.
Waiting for a notice and comment period to run would inhibit the Coast
Guard from protecting the public and vessels from the possible hazards
associated with this dielectric oil leak and the hazards associated
with the cable repairs.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. For the same reasons as
discussed in the preceding paragraph, waiting for a 30 day notice and
comment period to run would be impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port New York (COTP) has determined that a
temporary safety zone is necessary to ensure the safety of vessels from
the hazards associated with this dielectric oil leak and power cable
repairs.
IV. Discussion of the Rule
This rule establishes a safety zone from July 10, 2016 through July
10, 2017. The safety zone will cover all navigable waters of the Hudson
River extending 1700 feet from the New Jersey shoreline and
approximately 460 feet on either side of the charted power cable
between Edgewater, NJ and W 110th Street, Manhattan, NY.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP or a designated
representative. Vessel operators must contact the COTP or an on-scene
representative to obtain permission to transit through this safety
zone. The COTP or an on-scene representative may be contacted by VHF
Channel 16.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, and will not adversely alter
the budget of any grant or loan recipients. Vessel traffic will be able
to safely transit around this safety zone. This safety zone only
affects a small-designated area of the Hudson River waterway. Moreover,
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM
marine channel 16 and publish the information in the Local Notice to
Mariners.
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
[[Page 47295]]
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a safety zone that will prohibit
entry within the dielectric oil spill, cleanup, and power cable repair
area, and is therefore categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.T01-0648 to read as follows:
Sec. 165.T01-0648 Safety Zone: Hudson River, Edgewater, NJ.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the Hudson River bound by the following
points: 40[deg]48'40.088'' N., 073[deg]58'53.026'' W.; thence to
40[deg]48'34.267'' N., 073[deg]58'37.096'' W.; thence to
40[deg]48'26.404'' N., 073[deg]58'42.270'' W.; thence to
40[deg]48'33.882'' N., 073[deg]59'01.955'' W., thence along the western
shoreline to the point of origin. All coordinates are based on the NAD
83.
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from July 10, 2016 through July 10,
2017, unless terminated sooner by the COTP.
(c) Regulations. (1) In accordance with the general regulations in
33 CFR 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated on
scene representative.
(3) An ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State or local law
enforcement officer designated by or assisting the COTP to act on his
behalf.
(4) Vessel operators must contact the COTP via the Command Center
to obtain permission to enter or operate within the safety zone. The
COTP may be contacted via VHF Channel 16 or at (718) 354-4353. Vessel
operators given permission to enter or operate within the safety zone
must comply with all directions given to them by the COTP, via the
Command Center or an on-scene representative.
Dated: July 8, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-17332 Filed 7-20-16; 8:45 am]
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