Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 34173 

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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T01–0211 to read as 

follows: 

§ 165.T01–0211 Safety Zones; Fireworks, 

Captain of the Port New York Zone. 

The Coast Guard is establishing 

temporary safety zones for the events 

listed in Table 1 of this section. The 

regulations in this section will be 

enforced for the duration of each event, 

on or about the dates and times 

indicated in Table 1 of this section. 

(a) Regulations. Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in Table 1 of this section 

unless authorized by the COTP or the 

COTP’s Designated Representative. 

(1) 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 New York command 

center at (718) 354–4356 to obtain 

permission. 

(2) Information broadcasts. If there are 

any changes to the enforcement times as 

listed in this section, the Captain of the 

Port New York will notify the public of 

the updated enforcement times through 

a Broadcast Notice to Mariners and or 

the Local Notice to Mariners. 

(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 this section. 

TABLE 1 TO § 165.T01–0211 

Event Location1 Enforcement date and time 

1. Jersey City, Hudson 

River, Safety Zone.

Launch site: A barge located on the Hudson River, in approximate position 

40°41′08′′ N, 74°04′10′′ W, approximately 100 yards east of Caven Point. This 

Safety Zone is a 90-yard radius from the barge.

June 18, 2022, from 9 p.m. 

until 10 p.m. 

2. Big Rock Point, Hudson 

River, Safety Zone.

Launch site: A barge or floating platform located on the Hudson River, in approximate position 41°53′50′′ N, 73°57′49′′ W, approximately 500 yards north of Big 

Rock Point. This Safety Zone is a 360-yard radius from the barge.

June 25, 2022, from 9:30 

p.m. until 11 p.m. 

3. Governors Island, Upper 

New York Bay, Safety 

Zone.

Launch site: A barge located on the Upper New York Bay, from approximate position 40°41′25′′ N, 74°01′34′′ W, approximately 365 yards west of Governors Island. This Safety Zone is a 360-yard radius from the barge.June 26, 2022, from 9:30 

p.m. until 11 p.m. 

4. Little Neck Bay, Long Island Sound, Safety Zone.Launch site: Two barges located on Little Neck Bay on the Long Island Sound in 

approximate position 40°47′38′′ N, 073°46′13′′ W, approximately 300 yards east 

of Fort Totten Park. This Safety Zone is a 360-yard radius from the barge.

June 28, 2022, from 9 p.m. 

until 10 p.m. 

1All coordinates listed in Table 1 to § 165.T01–0211 reference Datum NAD 1983. 

Dated: May 31, 2022. 

Z. Merchant, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2022–12055 Filed 6–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0453] 

RIN 1625–AA00 

Safety Zone; Portal Bridge, 

Hackensack River, Kearny, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Hackensack 

River, within a 100-yard radius of the 

center of the Portal Bridge at mile 5.0 

over the Hackensack River, Kearny, New 

Jersey, including the East and West 

navigational channels. The safety zone 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the cross 

channel repair work on the submarine 

cables. Entry of vessels or persons into 

this zone during the enforcement 

periods is prohibited unless specifically 

authorized by the Captain of the Port 

New York or a designated 

representative. 

DATES: This rule is effective without 

actual notice from June 6, 2022 through 

11:59 p.m., September 2, 2022. For the 

purposes of enforcement, actual notice 

will be used from 7 a.m., June 1, 2022 

until June 6, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0453 the search box and click ‘‘Search.’’ 

Next, in the Document Type column, 

select ‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email MST1 Jaison 

Kurian, Waterways Management 

Division, U.S. Coast Guard, telephone 

718–354–4000, email Jaison.Kurian@

uscg.mil 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 16, 2022, a barge being 

transported along the Hackensack River 

collided with the East Fender of the 

Portal Bridge, resulting in the East 

Fender being severely damaged, and 

rendering the East Navigation Channel 

closed to maritime traffic. During the 

subsequent site inspection it was 

discovered that a large portion of the 

fender debris became caught on an 

existing submarine cable. This existing 

submarine cable crosses both the East 

and West Navigation Channels and 

facilitates the rail-return path for a 

section of the NEC track circuit. 

Opening any portion of the Portal 

Bridge before repairs to the submarine 

cables are complete, could result in the 

Portal Bridge being inoperable for an 

extended length of time. The 

enforcement of the safety zone enables 

the submarine cable repairs are 

completed in a timely manner. 


lotter on DSK11XQN23PROD with RULES1
34174 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 

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 the 

Coast Guard was notified of the 

submarine cable repair operation with 

insufficient time to complete the NPRM 

process before the enforcement of the 

safety zone. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by June 1, 

2022, for this unscheduled critical 

repair work. Additionally, delaying the 

effective date of this rule would be 

contrary to the public interest as it is 

necessary to establish this safety zone to 

protect personnel and vessels from 

hazards associated with submarine 

cable repairs. The Coast Guard is 

publishing this rule to be effective 

through September 2, 2022 in case the 

project is delayed due to unforeseen 

circumstances. 

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 the potential safety hazards 

associated with the replacement of the 

submarine cable repairs on the Portal 

Bridge in Kearny, NJ. 

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 submarine cable 

replacement at Portal Bridge starting 

June 1, 2022. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during the 

repairs to the submarine cables. 

IV. Discussion of the Rule 

Although we only expect the repairs 

to take 36 hours, this rule establishes a 

safety zone from 7 a.m. on June 1, 2022 

until 11:59 p.m. on September 2, 2022 

in case the project is delayed due to 

unforeseen circumstances. The safety 

zone will cover all navigable waters of 

the Hackensack River, within a 100 yard 

radius of the Portal Bridge, Kearny, New 

Jersey, including the East and West 

channels. We anticipate enforcing the 

safety zone for a 36 hour period during 

cable replacement operations from 

approximately 7 a.m. on June 1, 2022, 

until 7 p.m. on June 2, 2022. Upon 

completion of the repairs, mariners will 

be notified by Broadcast Notice to 

Mariners. During periods of 

enforcement, the Portal Bridge will 

remain in the closed position and all 

vessels will be prohibited from 

transiting under the bridge. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the bridge is being 

repaired. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative 

during the enforcement period. The 

Coast Guard is publishing this rule to be 

effective through September 2, 2022. 

The Coast Guard will notify the 

public and local mariners 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 marine Channel 16 (VHF– 

FM). 

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. 

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, duration 

and time-of-day of the safety zone. The 

safety zone is only in effect for 

navigable waters within a 100-yard 

radius of the center of the Portal Bridge 

at mile 5.0 over the Hackensack River, 

Kearny, New Jersey. 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 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 


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Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 34175 

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 

establishing a safety zone on all 

navigable waters of the Hackensack 

River, within a 100-yard radius of the 

Portal Bridge, Kearny, New Jersey, 

including the East and West 

navigational channels. It is 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 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 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T01–0453 to read as 

follows: 

§ 165. T01–0453 Safety Zone; Portal 

Bridge, Hackensack River, Kearny, NJ. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Hackensack River, within a 100-yard 

radius of the center of the Portal Bridge 

(mile 5.0), Kearny, New Jersey, 

including the East and West 

navigational channels. 

(b) Definitions. As used in this 

section, Designated Representative 

means a Coast Guard Officer, 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. Under the general 

safety zone regulations in subpart C of 

this part, no person or vessel may enter 

the safety zone described in paragraph 

(a) of this section unless authorized by 

the Captain of the Port (COTP) or the 

COTP’s designated representative.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 June 1, 2022, through 

September 2, 2022, but will only be 

enforced during periods when bridge 

repairs are in progress. 

Dated: May 31, 2022. 

Z. Merchant, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2022–12058 Filed 6–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 187 

[Docket No. USCG–2018–0160] 

RIN 1625–AC28 

Uniform Certificate of Title Act for 

Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

its regulations for certifying a State’s 

titling system for undocumented vessels 

to increase States’ participation in the 

Vessel Identification System (VIS). This 

final rule allows States that have 

adopted the recommendations of the 

model Uniform Certificate of Title Act 

for Vessels to certify their titling 

provisions with the Coast Guard. Once 

certified and participating in the VIS, a 

State is able to confer preferred 

mortgage status on financial instruments 

that apply to undocumented vessels, 

which benefits the owners of those 

vessels. While many of the changes to 

the certification guidelines relate to the 

technical requirements of recording and 

maintaining titling documentation, the 

most significant change implements a 

system of ‘‘branding’’ (permanently 

marking) titles for vessels that have 

sustained structural damage. This will 

help prevent a process known as ‘‘title 

washing,’’ where severe vessel damage 

is concealed by transferring the title to 

a different State. 

DATES: This final rule is effective July 6, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0160 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email W. Vann Burgess, Boating Safety 

Division, Program Management and 

Operations Branch (CG–BSX–21), Coast 


lotter on DSK11XQN23PROD with RULES1