1382 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Proposed Rules 

SUBCHAPTER C—INSTITUTIONAL 

MANAGEMENT 

PART 544—EDUCATION 

SUBPART H—LITERACY PROGRAM 

■ 3. The authority citation for 28 CFR 

part 544 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 

3622, 3624, 4001, 4042, 4081, 4082 (Repealed 

in part as to offenses committed on or after 

November 1, 1987), 5006–5024 (Repealed 

October 12, 1984 as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510; 28 

CFR 0.95–0.99. 

■ 4. Amend § 544.71 by revising 

paragraph (a) introductory text and 

paragraph (a)(4) and adding paragraph 

(a)(5) to read as follows: 

§ 544.71 Exceptions to required literacy 

program participation. 

(a) The following inmates are not 

required to attend the literacy program 

under § 544.70: 

* * * * * 

(4) Inmates determined by staff to be 

temporarily unable to participate in the 

literacy program due to special 

circumstances beyond their control (e.g., 

due to a medical condition, transfer on 

writ, on a waiting list for initial 

placement). Such inmates, however, 

shall be required to participate when the 

special circumstances are no longer 

applicable; and 

(5) Inmates who participate in 

authorized alternative adult literacy 

programs (programs other than the GED 

program) due to special circumstances, 

such as release destination or learning 

ability. 

[FR Doc. 2015–00144 Filed 1–8–15; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0002] 

RIN 1625–AA11 

Regulated Navigation Area, Kill Van 

Kull and Newark Bay; Bayonne, NJ, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The United States Coast 

Guard proposes to establish a 

permanent Regulated Navigation Area 

(RNA) on the navigable waters of Kill 

Van Kull and Newark Bay surrounding 

the Bayonne Bridge. In response to a 

planned Bayonne Bridge construction 

project, this proposed rule would 

establish a speed restriction in the 

waters surrounding the Bayonne Bridge. 

Also, this proposed rule would allow 

the Coast Guard to prohibit vessel traffic 

through the RNA when necessary to 

safeguard people and vessels from the 

hazards associated with bridge 

construction. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 9, 2015. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: 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. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is (202) 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Lieutenant Commander Myles 

Greenway, Waterways Management at 

First Coast Guard District at 617–223– 

8385 or email at Myles.J.Greenway@

uscg.mil; or call LT Hannah Eko, 

Waterways Management Division at 

Sector New York at 718–354–4114, or 

email hannah.o.eko@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP NY Captain of the Port New York 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

RNA Regulated Navigation Area 

A. 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. 

1. Submitting Comments 

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. 

You may submit your comments and 

material online at 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, 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 email 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, type the 

docket number [USCG–2014–0002] in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 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 the rule based on your 

comments. 

2. 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, type the 

docket number (USCG–2014–0002) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 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. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Proposed Rules 1383 

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). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Regulatory History and Information 

The Port Authority of New York and 

New Jersey (PANYNJ) have received 

approval to perform construction on the 

Bayonne Bridge, and the Coast Guard 

has published certain documents in the 

Federal Register related to the bridge 

construction permit. However, this 

proposed rulemaking is the first 

regulatory action that the Coast Guard 

has taken related to regulating vessel 

traffic along the affected waterway. 

There is insufficient time before the 

planned start of the construction project 

to accommodate the notice and 

comment process and have a thirty day 

period before the effective date of the 

regulation. The currently planned start 

of the construction and the associated 

regulated navigation area is February 1, 

2015. This date is based on a number of 

factors, including weather and the 

availability of construction equipment 

and other resources, and would be 

difficult to change. However, the Coast 

Guard is taking several steps to mitigate 

the impact of this shortened period. 

First, the Coast Guard has reached out 

to waterway users to discuss the impact 

of this regulated navigation area. In 

addition, the Coast Guard has drafted a 

rule designed to have minimum impact 

on waterway traffic. Finally, if the 

planned construction date remains 

February 1, 2015, the Coast Guard 

intends to continue to receive comments 

in the first few months of the effective 

period of the regulated navigation area, 

and may change the regulation as a 

result of those comments. A good cause 

statement, if required, will be published 

as part of the final rule. 

C. Basis and Purpose 

Under the Ports and Waterways Safety 

Act, the Coast Guard has the authority 

to establish Regulated Navigation Areas 

in defined water areas that are 

hazardous or in which hazardous 

conditions are determined to exist. See 

33 U.S.C. 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; and 

Department of Homeland Security 

Delegation No. 0170.1. 

The purpose of this proposed 

rulemaking is to ensure the safety of 

vessels and workers from hazards 

associated with construction on the 

Bayonne Bridge. The current Bayonne 

Bridge was built in 1931 and carries the 

NY/NJ Route 440. PANYNJ has 

contracted Skanska-Koch Inc. and 

Kiewit Infrastructure for this project. 

Construction operations are sensitive 

to water movement, and wake from 

passing vessels could pose significant 

risk of injury or death to construction 

workers. In order to minimize such 

unexpected or uncontrolled movement 

of water, the RNA will limit vessel 

speed and wake of all vessels operating 

in the vicinity of the bridge construction 

zone. This will be achieved by 

implementing a five (5) knot speed limit 

and ‘‘NO WAKE’’ zone in the vicinity of 

the construction as well as providing a 

means to suspend all vessel traffic for 

emergent situations that pose imminent 

threat to waterway users in the area. 

After consulting with PANYNJ, 

Skanska-Koch Inc, and Kiewit 

Infrastructure, the Coast Guard has 

determined that certain aspects of the 

construction project can only be 

completed in the channel and will 

require closing the waterway. For 

instance, barges are expected to be used 

at times while portions of the bridge are 

being raised and the barges’ presence 

might limit maneuverability in the 

waterway. Also, the Coast Guard 

anticipates that crane and cutting 

operations may create the potential for 

falling debris into the waterway. It is 

expected that the construction efforts 

that might require waterway closures 

will not take place until the fall of 2015. 

D. Discussion of Proposed Rule 

To address the aforementioned 

hazards, this proposed rule would 

establish speed and wake restrictions in 

the vicinity of the Bayonne Bridge. Also, 

this proposed rule would establish 

intermittent closures of the waterway 

along portions of Kill Van Kull and 

Newark Bay when necessary for the 

safety of vessels and workers during 

construction work in the channel. This 

proposed regulation will be effective at 

8:00 a.m. on February 1, 2015. The 

proposed speed restrictions of five (5) 

knots will be in effect at all times within 

the RNA and all vessels must proceed 

through the area with caution and 

operate in such a manner as to produce 

no wake unless a higher minimum 

speed is necessary to maintain bare 

steerage. The Coast Guard will enforce 

waterway closures, however, only when 

necessary to protect people and vessels 

from hazards associated with bridge 

construction. 

Whenever it is determined that a 

waterway closure is necessary, the Coast 

Guard will provide the public with as 

much advanced notice as possible of the 

closure times. Such notice will be 

provided via http://homeport.uscg.mil/

newyorkvia, via Local Notice to 

Mariners, via Broadcast Notice to 

Mariners, and via other methods 

described in 33 CFR 165.7. 

E. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to the 

rulemaking. Below we summarize our 

analyses based on these statutes and 

executive orders. 

1. Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The Coast Guard expects the 

economic impact of this proposed rule 

to be minimal as this proposed RNA 

will not necessarily prohibit vessel 

traffic in the affected waterways. Rather, 

this proposed RNA will primarily 

establish a speed and wake restriction 

along the waters surrounding the 

Bayonne Bridge. There may be times 

that the Coast Guard will prohibit vessel 

traffic through the RNA, but such 

closures are expected to take place 

during off peak hours. Moreover, even 

when the Coast Guard generally 

prohibits vessel traffic through the RNA, 

specific vessels may still obtain 

permission to transit through the RNA. 

Additionally, the Coast Guard will 

provide the public with advanced 

notification of waterway closures so that 

mariners may plan accordingly. Such 

notifications will be made through 

various means, including, but not 

limited to, Local Notice to Mariners and 

at http://homeport.uscg.mil/newyork. 

For all of these reasons, the Coast Guard 

has determined that this proposed 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
1384 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Proposed Rules 

rulemaking would not be a significant 

regulatory action. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

For all of the reasons discussed in the 

REGULATORY PLANNING AND 

REVIEW section, the Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this 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. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this proposed 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 contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 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. 

4. Collection of Information 

This proposed rule will not call for a 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

5. Federalism 

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 determined that this rule 

does not have implications for 

federalism. 

6. 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. 

7. 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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

8. Taking of Private Property 

This proposed rule would 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. 

9. Civil Justice Reform 

This proposed 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. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

11. Indian Tribal Governments 

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. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed 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 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 the establishment of a 

Regulated Navigation Area and thus, is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary 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 proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes 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: 33 U.S.C. 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.168 to read as follows: 

§ 165.168 Regulated Navigation Area; Kill 

Van Kull and Newark Bay; Bayonne, NJ, NY 

Regulated Area. 

(a) Location. The following area is a 

Regulated Navigation Area (RNA): all 


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waters of Bergen Point East and West 

Reaches in the Kill Van Kull, and all 

waters of Newark Bay South Reach, 

bound by the following approximate 

positions: 40°38′51.93′′ N, 074°06′47.90′′ 

W; thence to 40°38′41.53′′ N, 

074°07′18.54′′ W; thence to 40°38′38.20′′ 

N, 074°07′41.30′′ W; thence to 

40°38′40.47′′ N, 074°08′01.61′′ W; thence 

to 40°38′34.20′′ N, 074°08′41.71′′ W; 

thence to 40°38′39.67′′ N, 074°08′51.86′′ 

W; thence to 40°38′50.20′′ N, 

074°08′55.19′′ W; thence to 40°39′17.54′′ 

N, 074°08′38.20′′ W; thence to 

40°39′19.00′′ N, 074°08′53.09′′ W; thence 

to 40°39′07.94′′ N, 074°08′59.04′′ W; 

thence to 40°38′46.87′′ N, 074°09′23.03′′ 

W; thence to 40°38′33.40′′ N, 

074°09′19.87′′ W; thence to 40°38′24.86′′ 

N, 074°09′02.71′′ W; thence to 

40°38′23.93′′ N, 074°08′52.56′′ W; thence 

to 40°38′31.40′′ N, 074°08′07.56′′ W; 

thence to 40°38′31.80′′ N, 074°07′55.66′′ 

W; thence to 40°38′30.06′′ N, 

074°07′41.13′′ W; thence to 40°38′33.80′′ 

N, 074°07′14.86′′ W; thence to 

40°38′43.93′′ N, 074°06′45.45′′ W; thence 

to the point of origin (NAD 83). 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply within the 

RNA. 

(2) Any vessel transiting through the 

RNA must make a direct passage. No 

vessel may stop, moor, anchor or loiter 

within the RNA at any time unless they 

are working on the bridge construction. 

Movement within the RNA is subject to 

a ‘‘Slow-No Wake’’ speed limit. All 

vessels may not produce a wake and 

may not attain speeds greater than five 

(5) knots unless a higher minimum 

speed is necessary to maintain bare 

steerageway. 

(3) There may be times that the First 

District Commander or the Captain of 

the Port (COTP) New York finds it 

necessary to close the RNA to vessel 

traffic. All closures will be limited to 

specific hours of the day. Mariners will 

be advised of all closure dates and times 

via Local Notice to Mariners and 

Broadcast Notice to Mariners in advance 

of closure times. During such closures, 

persons and vessels may request 

permission to enter the RNA by 

contacting the COTP or the COTP’s onscene representative on VHF–16 or via 

phone at 718–354–4353 (Sector New 

York Command Center). 

(4) Vessels in the RNA must comply 

with directions given to them by the 

COTP or the COTP’s on-scene 

representative. The ‘‘on-scene 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. The on-scene representative may 

be on a Coast Guard vessel; or other 

designated craft; or on shore and 

communicating with a Vessel Traffic 

Service New York Watchstander or 

vessels via VHF–FM radio or loudhailer. 

Members of the Coast Guard Auxiliary 

may be present to inform vessel 

operators of this regulation. 

(5) All other relevant regulations, 

including but not limited to the Rules of 

the Road, as codified in 33 CFR 

Subchapter E, Inland Navigational 

Rules, remain in effect within the RNA 

and must be strictly followed at all 

times. 

(c) Enforcement period. This 

regulation will be in place from 8:00 

a.m. on February 1, 2015 until 

December 31, 2016. This RNA’s speed 

restrictions are enforceable 24 hours a 

day as long as this RNA is in place. The 

Coast Guard will enforce waterway 

closures only when necessary to protect 

people and vessels from hazards 

associated with bridge construction. 

(d) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

time and duration of any closure of the 

RNA. Violations of this RNA may be 

reported to the COTP at 718–354–4353 

or on VHF-Channel 16. 

Dated: December 22, 2015. 

L.L. Fagan, 

Admiral, U.S. Coast Guard, Commander, First 

Coast Guard District. 

[FR Doc. 2015–00178 Filed 1–8–15; 8:45 am] 

BILLING CODE 9110–04–P 


rljohnson on DSK3VPTVN1PROD with PROPOSALS