Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 46603 

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: 

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, Revision No. 01.2. 

■ 2. Add § 165.T01–0519 to read as 

follows: 

§ 165.T01–0519 Safety Zone; SML Bridge 

Repairs, Portsmouth, NH. 

(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 

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. 

[FR Doc. 2021–17753 Filed 8–18–21; 8:45 am] 

BILLING CODE 9110–04–P 

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 

Jaison.Kurian@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

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. 


lotter on DSK11XQN23PROD with RULES1
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. 

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 

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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 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 

■ 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 

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 


lotter on DSK11XQN23PROD with RULES1