[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39839-39842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16371]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1056]
RIN 1625-AA11
Regulated Navigation Area; Hudson River and Port of NY/NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) from Port Coeymans, New York on the Hudson River to Jersey City,
New Jersey on Upper New York Bay, and from Jersey City to the Willis
Avenue Bridge site on the Harlem River, New York, including all waters
of the East River between these two locations. This action is necessary
to provide for the safety of life on the navigable waters during the
load out and transit of the Willis Avenue Bridge replacement span.
DATES: This rule is effective from July 13, 2010 through October 31,
2010. The RNA will be enforced from 3 a.m. on Monday, July 12, 2000, to
11:30 p.m. on Saturday, August 7, 2010. Comments and related material
must reach the Coast Guard on or before August 12, 2010. Requests for
public meetings must be received by the Coast Guard on or before August
12, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-1056 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-1056 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You may submit comments identified by docket number USCG-2009-1056
using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail Mr. Jeff Yunker, Waterways Management Division at
Coast Guard Sector New York, telephone 718-354-4195, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
As this temporary interim rule will be in effect before the end of
the comment period, the Coast Guard will evaluate and revise this rule
as necessary to address significant public comments.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-1056), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-1056'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\; by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0176'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid revising this rule, we
will hold one at a time and place announced by a later notice in the
Federal Register.
[[Page 39840]]
Regulatory Information
The Coast Guard is issuing this temporary interim 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 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. This rule establishes an RNA to provide for the safety of
life on the navigable waters during the load out and transit of the
Willis Avenue Bridge replacement span. It is impracticable to issue an
NPRM and take public comment before July 12, 2010, when the load out
and transit is scheduled to begin. Due to delays on other construction
projects in the Gulf of Mexico, the calendar dates for the load out and
transit were not confirmed until early May 2010. This delayed the
projected arrival of specialized self propelled transporters necessary
to move the Willis Avenue Bridge replacement span from its construction
site at Port Coeymans, New York onto the barges transporting the bridge
span to its installation site on the Harlem River in New York City.
This in turn delayed the dates for all of the subsequent restrictions.
Delaying either the bridge load out and transit, or creation of the
RNA, is contrary to the public interest because the bridge will be a
public convenience and because the RNA will provide for public safety
by safeguarding both mariners and construction workers during the
bridge's construction and transportation of the replacement bridge
span. We are requesting public comment on the RNA, and if we receive
public input that indicates a need to revise the RNA or the conditions
it imposes, or raises any other significant public concerns, we will
address those concerns prior to issuing any final rule. For the same
reasons, 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.
Basis and Purpose
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
The New York City Department of Transportation is replacing the
Willis Avenue Bridge over the Harlem River. The replacement bridge span
for this project is being constructed at Port Coeymans, NY on the
Hudson River, approximately 115 nautical miles north of The Battery,
Manhattan, NY. The transfer of the bridge span from the Port Coeymans
Terminal to two Weeks Marine barges and transit to the installation
site on the Harlem River is scheduled for the week of July 12, 2010.
The week of July 19, 2010 will be used as a contingency in case of
delays. The installation of the bridge span on the Harlem River is
scheduled for August 2, 2010.
The load out of the new Willis Avenue Bridge span involves large
machinery and construction vessel operations above and upon the
navigable waters between Port Coeymans on the Hudson River, Upper New
York Bay, the East River, and the bridge installation site at mile 1.5
on the Harlem River. Heavy-lift operations are sensitive to water
movement, and wake from passing vessels could pose significant risk of
injury or death to construction workers. The ongoing operations are, by
their nature, hazardous and pose risks both to recreational and
commercial vessel traffic and the bridge construction crew. In order to
mitigate the inherent risks involved in the construction, it is
necessary to control vessel movement through the area. The Coast Guard
negotiated the terms of necessary navigation restrictions with the
Kiewit and Weeks Marine contractors, and with Hudson River and Sandy
Hook Pilots.
Discussion of Rule
This temporary interim rule establishes an RNA on designated waters
on the Hudson River and in the New York City area. It is intended to
ensure the safety of the public and vessels during the transfer and
transit of the 363 foot long bridge span from Port Coeymans, NY to the
Harlem River, NY via Upper New York Bay and Buttermilk Channel. The
enforcement times given in this discussion for the various restrictions
depend on transit conditions and may be changed due to inclement
weather or other circumstances. Changes will be provided to the public
by the on scene patrol vessels, Coast Guard Vessel Traffic Service New
York, and/or Safety Voice Broadcasts. Except for persons or vessels
authorized by the Coast Guard Captain of the Port New York or the
designated representative, no person or vessel may enter or remain in
the RNA during the enforcement period.
No vessels will be authorized between Hudson River Light 191 LLNR
38865 and Hudson River Light 193 LLNR 38875 at Coeymans, NY from 3 a.m.
on Monday, July 12, 2010 until 8 a.m. on Tuesday, July 13, 2010. In
case of inclement weather or construction delays this restriction will
be established from 7 a.m. on Monday, July 19, 2010 until 7 a.m. on
Tuesday, July 20, 2010.
No vessels will be authorized within 100 yards of the two Weeks
Marine barges once the bridge span has been loaded onto the barges at
Port Coeymans. Vessels will be required to transit at No Wake speed
when passing the two Weeks Marine barges.
A No Meeting and No Overtaking zone will be established as the
barges and bridge span transit from Port Coeymans to just south of the
entrance to Rondout Creek. This zone will be established on Tuesday,
July 13, 2010 or Wednesday, July 14, 2010 for approximately 9 hours and
30 minutes based on the expected transit speed of 4 knots. In case of
inclement weather or construction delays this restriction will be
established from 5:30 a.m. to 3 p.m. on Tuesday, July 20, 2010.
A No Meeting and No Overtaking zone will be established as the
barges and bridge span transit between the eastern and western sections
of Anchorage Ground No. 19 on the Hudson River. This zone will be
established for approximately 60 minutes on Tuesday, July 13, or
Wednesday, July 14, 2010, based on the expected transit speed of 4
knots. In case of inclement weather or construction delays this
restriction will be established from 7:45 a.m. to 8:45 a.m. on
Wednesday, July 21, 2010.
A No Meeting and No Overtaking zone will be established as the
barges and bridge span transit Buttermilk Channel from its entrance at
Anchorage Channel until the barges pass the northwest corner of Pier 2,
Brooklyn. This zone will be established on Wednesday, July 14, 2010
from approximately 11 a.m. to 11:45 a.m. based on the expected transit
speed of 4 knots.
The East River will be closed to all other vessel traffic between
the Con Ed East River Generating Station at East 14th Street,
Manhattan, and the Hell Gate Railroad Bridge at river mile 8.2. This
restriction will be established on Wednesday, July 14, 2010 from
approximately 12:20 p.m. to 1:45 p.m. based on the expected transit
speed of 4 knots.
[[Page 39841]]
The Harlem River will be closed to all other vessel traffic between
the 125th Street/Triborough/RFK Bridge (mile 1.3) and 500 feet north of
the Willis Ave Bridge (mile 1.5). This restriction will be established
on Monday, August 2, 2010 from approximately 5 a.m. to 6 p.m. during
the installation of the bridge span.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule will not be significant
due to the limited duration that the regulated area would be in effect
and enforced. Also, the Hudson River closure during the transfer of the
bridge span from shore to the barges has been scheduled on a weekday
when it is expected to have minimal impact on recreational vessels. The
Harlem River closure will be coordinated with vessel operators that
regularly schedule Manhattan Island tours.
In addition, advance notifications will be made to the maritime
community via the Local Notice to Mariners, marine information
broadcasts and online at http://homeport.uscg.mil/newyork.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the Hudson, East and Harlem Rivers and Upper
New York Bay south of 42[deg]29'11.692'' N, 073[deg]47'14.142'' W
(Hudson River LIGHT 193 LLNR 38875) from 3 a.m. on July 12, 2010 to
11:30 p.m. on August 7, 2010.
This RNA will not have a significant economic impact on a
substantial number of small entities for the following reasons: The RNA
will only stop vessels from transiting three specified locations on the
Hudson, Harlem, and East Rivers, the 24-hour closure of the Hudson
River at Port Coeymans has been scheduled on a weekday to reduce the
impact to recreational vessels that are more prevalent on weekends, the
East River closure between the Con Ed East River Generating Station and
the Hell Gate Railroad Bridge will only be in effect for approximately
85 minutes and vessels can adjust their schedules, the Harlem River
closure at the bridge installation site will be coordinated with vessel
operators that regularly schedule Manhattan Island tours; the No
Meeting and No Overtaking zones are established in areas identified by
Weeks Marine, Hudson River and Sandy Hook Pilots as requiring
additional safety measures due to the waterway characteristics and
characteristics of vessels using the waterways in those locations.
Before the effective period, we will issue maritime advisories widely
available to users of the waterway.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
[[Page 39842]]
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishing of a
RNA and therefore falls within the categorical exclusion noted above.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. Any comments received concerning environmental impacts will
be considered and changes made to the environmental analysis checklist
and categorical exclusion determination as appropriate.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.t01-1056 to read as follows:
Sec. 165.t01-1056 Regulated Navigation Area; Hudson River and Port of
New York and New Jersey.
(a) Description of the regulated navigation area (RNA). The
regulated area includes all waters of the Hudson River south of
42[deg]29'11.692'' N, 073[deg]47'14.142'' W (Hudson River LIGHT 193
LLNR 38875), all waters of Upper New York Bay north of a line drawn
from the northeast corner of the Global Container and Northeast Auto
Terminal to the northwest corner of Pier 41, Red Hook Brooklyn, all
waters of the East River from The Battery to the Hell Gate Railroad
Bridge at river mile 8.2, and all waters of the Harlem River from the
Harlem River Foot Bridge at river mile 0.0 to 500 feet north of the
Willis Avenue Bridge at river mile 1.5.
(b) Definitions: (1) Designated representative means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Captain of the Port New York (COTP).
(2) Weeks Marine barges means a barge operated by the Weeks Marine
Company.
(c) Regulations. In addition to 33 CFR 165.10, 165.11, and 165.13,
the following restrictions or conditions apply within this RNA:
(1) No person or vessel may enter, transit, or remain in the RNA on
the Hudson River between 42[deg]28'42.100'' N, 073[deg]47'19.100'' W
(Hudson River LIGHT 191 LLNR 38865) and 42[deg]29'11.692'' N,
073[deg]47'14.142'' W (Hudson River LIGHT 193 LLNR 38875); on the East
River between 40[deg]43'36.210'' N, 073[deg]58'17.750'' W, at the Con
Ed East River Generating Station at East 14th Street Manhattan and the
Hell Gate Railroad Bridge at river mile 8.2; on the Harlem River
between the 125th Street/Triborough/RFK Bridge (mile 1.3) and 500 feet
north of the Willis Ave Bridge (mile 1.5).
(2) No commercial vessel may meet, or overtake, the Weeks Marine
barges when they are transiting the following waters:
(i) The Hudson River from Port Coeymans, NY to 41[deg]54'59.712''
N, 073[deg]57'36.126'' W (Hudson River Lighted Buoy 73 LLNR 38183) 500
yards south of the entrance to Rondout Creek. (ii) The Hudson River
between the eastern and western sections of Anchorage Ground No. 19.
(iii) Buttermilk Channel from its entrance at Anchorage Channel,
about 175 yards north of 40[deg]40'18.971'' N, 074[deg]02'24.006'' W
(Gowanus Flats Lighted Bell Buoy 32 LLNR 34990) until the barges pass
the northwest corner of Pier 2 Brooklyn.
(iv) The Harlem River from the 103rd Street Foot Bridge (mile 0.0)
to the Willis Ave Bridge at mile 1.5.
(2) No vessels are authorized within 100 yards of the two Weeks
Marine barges while carrying the bridge span.
(3) All vessels must transit at reduced speed to minimize wake and
surge when transiting past the Weeks Marine barges carrying the bridge
span.
(4) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard or other law enforcement vessel by siren, radio, flashing
light, or other means the operator of a vessel shall proceed as
directed.
(5) Vessel operators desiring to enter or operate within the RNA
shall request permission to do so by contacting the COTP at 203-354-
4195, or VTS NY via VHF Channel 13 or 16.
(d) Enforcement Period: The RNA will be enforced from 3 a.m. on
Monday, July 12, 2010, to 11:30 p.m. on Saturday, August 7, 2010.
Dated: June 4, 2010.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-16371 Filed 7-12-10; 8:45 am]
BILLING CODE 9110-04-P